Israeli Academics: The Annexation of the West Bank Has Already Happened Quietly

SadaNews - Despite the recent Knesset vote that symbolically supports Israeli sovereignty over parts of the West Bank (Area C), Israeli academics believe the annexation has already occurred through bureaucratic and administrative changes over the past two years, rather than through official announcements or legislation.

In Haaretz, Professor Yael Berda from the Department of Sociology and Anthropology at the Hebrew University, Dr. Tamar Magidow from the Department of International Relations and Political Studies at the same university, and Dr. Ronit Levin-Shnor from the Faculty of Law at Tel Aviv University, challenged the prevailing assumption that annexation requires formal legislative action.

These academics argue that the Knesset's vote last month, which recognizes "Israel's right in Judea and Samaria" (the name that Israel gives to the West Bank) and strengthens sovereignty over Jewish settlements in the area (C), is merely a "smoke screen" aimed at obscuring the annexation that has already occurred through administrative means.

The Legal Framework

The professors cite a research paper they recently published in the Oxford Journal of Legal Studies, in which they see the annexation as identifiable through the following key indicators: the normative regulatory framework that the state uses to manage its territory, the state's organizational structure and bureaucratic apparatus, as well as the symbolic exercise of power.

They reference the advisory opinion issued by the International Court of Justice in July 2024, which concluded that annexation does not require an official declaration according to SadaNews, and found that Israel has already annexed at least parts of Area "C" through undeclared bureaucratic means.

Administrative Evidence of Annexation

The report details significant structural changes that have been implemented over the past two years:

Civil control replacing military governance: The traditional military apparatus governing the West Bank has been dismantled, and Israeli civil ministries are now exercising direct control, with the Civil Administration now reporting to Finance Minister Bezalel Smotrich, who holds an additional ministerial position in the Defense Ministry, instead of reporting to military leaders.

Institutional Restructuring: Israeli ministries, including transportation, education, and agriculture, are working directly in the occupied territories, using the army as a subcontractor for projects aimed at entrenching control over Area "C" and parts of Area "B".

Changes in the Personnel Structure: New appointments have reinforced annexation efforts, including the appointment of a Deputy Head of the Civil Administration representing settler interests, who reports to the minister instead of military leadership, and the independent legal advisor of the army has become subordinate to political authority.

Infrastructure Integration: The analysis describes systematic changes in administrative documents, budget transfers, planning principles, licensing processes, land transfer authorities, and infrastructure development, integrating settlements into the civil legal systems and infrastructure systems of Israel.

Consequences and Implications: The academics warn that this process creates an "apartheid system" where two population groups in the same area live under two different legal systems, with inequality in rights and political representation, emphasizing that the effects of this measure go beyond discrimination against Palestinians, noting the rising violence of settlers and the erosion of the rule of law that threatens democratic institutions within Israel itself.

Political Analysis: These professors argue that the Knesset's declaration of annexing the West Bank serves a strategic purpose aimed at misleading, allowing centrist politicians to oppose "future" annexation while ignoring the current reality, enabling the government to operate within a sovereign state without facing international consequences, concluding that annexation has been a major goal of Israeli judicial reform efforts, now reinforcing the erosion of democratic institutions through a "self-perpetuating cycle".

International Context: This analysis comes amid increasing international focus on Gaza following the October 7, 2023 attacks and the subsequent war, where the authors note that this context has provided cover for the accelerated annexation activities in the West Bank.

The article concludes that annexation has become a reality, regardless of official announcements, contributing to the erosion of international law and Israel's own democratic institutions.

It can be said that the argument of these professors challenges both the local Israeli political discourse and the international diplomacy that continues to treat the annexation of the West Bank as a future possibility rather than an existing reality requiring immediate response.