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July 11, 2020

Annexed

Opinion

July 11, 2020


Wednesday, July 1, was meant to be the day on which the Israeli government officially annexed 30 percent of the occupied Palestinian West Bank and the Jordan Valley. This date, however, came and went and annexation was never actualized.

"I don’t know if there will be a declaration of sovereignty today," said Israeli Foreign Minister, Gabi Ashkenazi, with reference to the self-imposed deadline declared earlier by Israeli Prime Minister, Benjamin Netanyahu. An alternative date was not immediately announced.

But does it really matter?

Whether Israel’s illegal appropriation of Palestinian land takes place with massive media fanfare and a declaration of sovereignty, or whether it happens incrementally over the course of the coming days, weeks, and months, Israel has, in reality, already annexed the West Bank – not just 30 percent of it but, in fact, the whole area.

It is critical that we understand such terms as ‘annexation’, ‘illegal’, ‘military occupation’, and so on, in their proper contexts.

For example, international law deems that all of Israel’s Jewish settlements, constructed anywhere on Palestinian land occupied during the 1967 war, are illegal.

Interestingly, Israel, too, uses the term ‘illegal’ with reference to settlements, but only to ‘outposts’ that have been erected in the occupied territories without the permission of the Israeli government.

In other words, while in the Israeli lexicon the vast majority of all settlement activities in occupied Palestine are ‘legal’, the rest can only be legalized through official channels. Indeed, many of today’s ‘legal’ 132 settlements in the West Bank and Jerusalem, housing over half a million Israeli Jewish settlers, began as ‘illegal outposts’.

Though this logic may satisfy the need of the Israeli government to ensure its relentless colonial project in Palestine follows a centralized blueprint, none of this matters in international law.

Article 49 of the Fourth Geneva Conventions states that “Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive”, adding that “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.”

Israel has violated its commitment to international law as an ‘Occupying Power’ on numerous occasions, rendering its very ‘occupation’ of Palestine, itself, a violation of how military occupations are conducted - which are meant to be temporary, anyway.

Military occupation is different from annexation. The former is a temporary transition, at the end of which the ‘Occupying Power’ is expected, in fact, demanded, to relinquish its military hold on the occupied territory after a fixed length of time. Annexation, on the other hand, is a stark violation of the Geneva Conventions and the Hague Regulations. It is tantamount to a war crime, for the occupier is strictly prohibited from proclaiming unilateral sovereignty over occupied land.

The international uproar generated by Netanyahu’s plan to annex a third of the West Bank is fully understandable. But the bigger issue at stake is that, in practice, Israel’s violations of the terms of occupation have granted it a de facto annexation of the whole of the West Bank.

So when the European Union, for example, demands that Israel abandons its annexation plans, it is merely asking Israel to re-embrace the status quo ante, that of de facto annexation. Both abhorring scenarios should be rejected.

Israel began utilizing the occupied territories as if they are contiguous and permanent parts of so-called Israel proper, immediately following the June 1967 war. Within a few years, it erected illegal settlements, now thriving cities, eventually moving hundreds of thousands of its own citizens to populate the newly acquired areas.

This exploitation became more sophisticated with time, as Palestinians were subjected to slow, but irreversible, ethnic cleansing. As Palestinian homes were destroyed, farms confiscated, and entire regions depopulated, Jewish settlers moved in to take their place.

Excerpted from: 'The West Bank Is Already Annexed'.

Courtesy: Commondreams.org