Politics
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Knesset Legal Adviser: West Bank and Gaza Antiquities Bill Reinforces Claims of ‘Creeping Annexation’
Knesset Education, Culture and Sports Committee Legal Advisor Tami Sela criticizes the controversial bill to expand Israeli civil liability over antiquities and archaeological sites in the West Bank and Gaza Strip, saying it “contradicts international agreements that were adopted into law” and “reinforces allegations of ‘creeping annexation’.”
Sela’s position is expressed in a position paper released during a committee meeting preparing the bill – which creates a “Judea, Samaria and Gaza Heritage Authority” under the Heritage Ministry – for its final plenary readings to vote on it.
“[Regarding West Bank Area’s A and B,] the bill is in contradiction with the interim agreements to which the State of Israel is a signatory and with the legislation adopted in Israel and the [West Bank] for their implementation,” writes the advisor, referring to the areas of the West Bank under the responsibility of the Palestinian Authority.
“Israel has no civilian power in the Gaza Strip,” she adds. “Beyond the fact that the application of civil powers to [Area A, B and Gaza] This contradicts international agreements that have been adopted in Israel and the region, but it also raises significant implementation and enforcement difficulties.
Under the 1995 Oslo II Accords, the West Bank is divided into Area A, under full Palestinian control, Area B, under Israeli security control and Palestinian civilian control, and Area C, under full Israeli control.
Sela notes that although Israel considers the West Bank to be disputed territory, in practice it applies the law of belligerent occupation and governs the area under the authority of a military commander, who is temporary in nature.
The current head of antiquities is now a staff officer of the Civil Administration Archeology Unit, a branch of the Coordinator of Government Activities in the Territories (COGAT) of the Ministry of Defense, responsible for civil affairs in the West Bank.
“The enactment of the bill could, especially in combination with additional legislation being promoted in the Knesset, reinforce claims that this constitutes a process of creeping annexation, that is, a step in a progressive move aimed at transforming the territory into an area subject to the sovereignty and direct rule of the State of Israel, without considering the full implications of such a move, including on the rights and status of Palestinian residents of the area,” Sela writes.
The committee held a series of marathon meetings to allow the Knesset to approve the proposal as quickly as possible, given the time crunch caused by lawmakers’ decision to begin the process of dissolving parliament early.
The timeline for advancing the legislation is further complicated by the impending summer recess, which is expected to begin in July and last almost through October. Elections must take place no later than October 27.
However, it is also possible that the antiquities bill will not be put to a final vote in the plenary if the coalition decides not to move forward with it, or if legislation to dissolve the Knesset advanced last week is fast-tracked for passage in the coming days.
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