The international community has voiced heavy criticism over Israel's plan to annex parts of the West Bank and Jordan Valley, which is due to begin on July 1 2020. The majority consensus is that the proposed move is illegal and in violation of international law.
ISRAEL'S PROPOSED ANNEXATION: JULY 1ST
The term 'annexation' describes when "a state unilaterally proclaims its sovereignty over other territory." It is illegal in international law. Prime Minister of Israel Benjamin Netanyahu has proposed plans to "apply Israeli sovereignty" to Jewish settlements in the West Bank and most of the Jordan Valley. Palestinian officials say Israel already controls the land it plans to occupy by "de facto annexation."
Most international legal bodies such as the International Court of Justice and an overwhelming portion of the international community consider the establishment of the existing Israeli settlements in the Occupied Palestinian Territories (OPT) illegal. The US and Israel do not share this view.
Article 49 of the Fourth Geneva Convention states: “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” Amnesty International has stated that "Israel's long-running policy of settling civilians in occupied territory amounts to a war crime." Therefore, Netanyahu's proposal for formal annexation adds fuel to an already heated matter.
This proposed annexation was "green-lighted" by Donald Trump's Middle East peace plan, presented in January of this year. The plan gives American approval for Israel to "formally annex settlements in the West Bank and the Jordan Valley." According to reports, the areas marked for annexation may comprise approximately "30% of the West Bank." Officials figures remain a secret. Palestine has said it will declare statehood if Israel goes ahead with the annexation.
US & ISRAEL
While the Trump Administration appears to support the proposed annexation, the issue has created a partisan divide, with members of his own Republican party opposing the move.
Bernie Sanders, former US Democratic presidential candidate, condemned the proposed annexation in a video addressing thousands of protesters demonstrating in Tel Aviv's Rabin Square against Netanyahu's proposal. The protesters included thousands of Israelis, Arabs and Jews. On 9 June 2020, Sanders tweeted "The annexation of Palestinian territory by the Israeli government would make the occupation permanent. That is unacceptable."
Former top-ranking commanders from Israeli security also oppose the proposed annexation. According to an article by The Washington Post, former commanders fear "the collapse of the Palestinian Authority’s legitimacy and the rise of militant factions like Hamas." The same article quotes three of these commanders who wrote that “What might start after July 1 with a Knesset vote on a partial annexation may soon thereafter spin out of control and lead to a complete Israeli takeover of the West Bank and Gaza, meaning that Israel’s military would be the sole entity ruling over millions of Palestinians—with no exit strategy."
The international community has responded with grave condemnation, highlighting that the proposed annexation is illegal.
INDEPENDENT UN EXPERT GROUP
A statement signed by forty-seven independent Special Procedures mandates appointed by the United Nations Human Rights Council (OHCHR) condemned Israel's proposed annexation as a violation of international law. A section of the statement says: “The annexation of occupied territory is a serious violation of the Charter of the United Nations and the Geneva Conventions, and contrary to the fundamental rule affirmed many times by the United Nations Security Council and General Assembly that the acquisition of territory by war or force is inadmissible." The independent human rights experts highlighted that the proposed annexation would turn the West Bank into "a Palestinian Bantustan" and highlighted Israel's proposal "to maintain permanent security control between the Mediterranean and the Jordan River."
In the most notable section of the statement, the experts say "the morning after annexation would be the crystallisation of an already unjust reality: two peoples living in the same space, ruled by the same state, but with profoundly unequal rights. This is a vision of a 21st century apartheid."
An anonymous Israeli diplomat dismissed the statement as "political", saying some members of the expert group "have nothing to do with the region or the rights the statement deals with." He adds that the statement “does nothing to help finding a solution to the conflict or to create a constructive dialogue between the parties.”
The statement is advisory and has no legally binding impact so it’s difficult to assess the gravity of its influence on preventing the proposed annexation.
UNITED KINGDOM & THE EU
MPs including Jeremy Corbyn and Caroline Lucas, with peers, "union leaders, campaigners and cultural figures", signed an open letter to the government on the 10th of June, opposing Israel's annexation of the West Bank. The letter mentions how in light of the Palestinian civil society's global call for "effective measures" to be taken to prevent the annexation, the UK should adhere "to an ethical policy on all trade with Israel, with a particular focus on applying international law on settlements in the occupied Palestinian territories." It also says that the UK should end its arms trade with Israel "which results in the violation of the human rights of Palestinians."
When on the 16th of June, Prime minister of the UK Boris Johnson was questioned in the House of Commons about potential sanctions on Israel's occupation over West Bank settlements, he said: “I believe that what is proposed by Israel would amount to a breach of international law. We have strongly objected. We believe profoundly in a two-state solution and we will continue to make that case.”
Some EU governments have also condemned the move, with Luxembourg's top diplomat calling it "a gross violation of international law", adding that annexing parts of the West Bank would be "stealing." As Israel's main trading partner is the EU, the response of EU leaders plays a significant role as the potential for sanctions may dissuade the proposed annexation.
ARAB WORLD
Jordan remains one of only two Arab states to have signed a peace deal with Israel; a factor US officials are wary of hampering and may play a role in whether they approve Netanyahu's plans. Jordan's King Abdullah has openly criticised the proposed annexation saying it is "unacceptable and undermines the prospects of achieving peace and stability in the region."
On the 12th of June, UAE's ambassador in Washington published an op-ed in Israel's "biggest selling-daily" titled: "Annexation will be a serious setback for better relations with the Arab world." This was the "first-ever op-ed for an Israeli newspaper by a Gulf diplomat."
Other Arab countries have also condemned the proposed annexation.
Israel's actions over the next few weeks play a defining role in its relationship with the international community. What UN experts call a "21st-century apartheid" cannot co-exist in a world, which seeks to uphold human rights.
Ayesha is a LLB student at the University of Leeds. As an aspiring barrister, she enjoys advocacy and has spoken at platforms including Tedx and GESF. She has a key interest in both Public and International law. She is also founder of a student-led initiative 'COSMOS' that organises projects to promote the UN Sustainable Development Goals.