ADAMANTLY, Israel has illegally declared the West Bank as the state land.

Tel Aviv has systematically pursued a policy of de facto annexation of the West Bank, particularly Area C, through various administrative, legal and physical mechanisms that expand Israeli control and restrict Palestinian life. These actions are widely considered illegal under international law. Israel’s expansion of control over Area C of the West Bank reflects a broader strategy to consolidate settlement dominance and restrict Palestinian autonomy. Benjamin Netanyahu’s government has unilaterally exercised control over Area C—60% of the territory under complete Israeli military and civil authority.

Israel’s occupation & expansion trajectory: According to Peace Now, an Israeli anti-settlement watchdog, Israel has seized more than 50 square kilometers (19.3 square miles) of Palestinian land since 1998. This expansion primarily involves the construction of Israeli settlements in the occupied West Bank and East Jerusalem, areas under long-standing dispute. While broader historical expropriations since 1948 amounted to millions of acres, the post-1998 period reflects ongoing territorial consolidation through settlement growth and land confiscation, often accompanied by legal and administrative measures that limit Palestinian land use.

By expanding Jewish settlements, enforcing land registration laws and restricting Palestinian development, Israel has systematically altered the demographic and legal landscape. These actions, though not constituting formal annexation, mirror its de facto control, undermining Palestinian sovereignty and international law. The lack of UN recognition and ongoing occupation underscore the contested status of Area C. Recent decisions by Israeli authorities, described by Palestinian groups as ‘fascist settler-colonial,’ aim to annex territory and enforce military-administrative rule.

These moves undermine international law and peace efforts, intensifying tensions. The designation of Area C for exclusive Israeli control limits Palestinian development and land use, exacerbating humanitarian conditions. A central mechanism involves an administrative decision to restart the land registration process in Area C for the first time since 1967. This process allows for land that is unregistered or where ownership cannot be formally proven by Palestinians (often due to lost or destroyed documents) to be declared “state land” and subsequently used for Israeli settlements. Needless to say, the illegal construction of 480 km barrier, often referred to as the ‘apartheid wall’ by critics, has helped Israel consolidate control over parts of the West Bank by diverting its route to include Israeli settlements and restrict Palestinian movement. Israel has continuously expanded existing settlements and established new, often unauthorized, outposts which are later retroactively legalized. These settlements are strategically placed to fragment the West Bank and cut off Palestinian population centers from East Jerusalem. This erases the legal distinction between the West Bank and Israel proper for Israeli settlers, while Palestinians remain under military land, Israel imposes a restrictive planning regime where it is nearly impossible for Palestinians to obtain building permits in Area C.

Notably, Palestinian structures built without permits are frequently demolished, leading to displacement, while settlement construction is streamlined. There has been an unprecedented level of settler violence, often described as state-backed, which contributes to the forcible displacement of Palestinian communities from their own areas, particularly in the West Bank and Gaza Strip. Ultravires domestic legislations: According to International crisis group, Benjamin Netanyahu’s tenure as Israel ‘s premier has been marked by a consistent effort to solidify Israeli control over the occupied West Bank and Gaza, often creating a “unilateral legacy” that directly challenges or suppresses the established writ of international law through domestic legislation and administrative actions. By implementing measures that facilitate annexation and limit legal oversight, his government has fostered a “state of exception” where domestic law supersedes international legal norms.

To achieve its ulterior motives, Israeli Government pursued a massive judicial overhaul to limit the Supreme Court’s power, such as removing its ability to void government decisions based on the “reasonableness” standard. And particularly the 2023 law weakening the Supreme Court’s power to invalidate laws—effectively limits judicial review, enabling the Knesset to pass legislation with minimal oversight. An independent judiciary is a key defence against international prosecution (the principle of complementarity); by weakening it, the government risks removing the legal “shield” that prevents bodies like the International Criminal Court (ICC) from intervening in Israeli affairs.

Netanya’s government passed laws to ban UNRWA operations within Israeli-controlled territory. This move was rejected by the International Court of Justice (ICJ), which affirmed Israel’s obligation to allow UN aid into Gaza despite domestic bans. To bypass international prohibitions on acquiring territory by force, the government introduced domestic legal mechanisms like “Protection of Antiquities and Environment” to justify enforcement and demolitions in Areas A and B of the West Bank—zones originally under Palestinian control per the Oslo Accords. This shift undermines checks on executive and legislative authority, potentially allowing Israel to enact laws inconsistent with international legal norms without meaningful recourse. Netanyahu asserted that Israel, as a sovereign state, does not seek “anyone’s approval” for its security policies.

Currently, the Muslim governments have strongly condemned recent remarks –by the US Ambassador to Israel, Mike Huckabee—endorsing Israeli control over territory from the Nile to the Euphrates. The Foreign Ministers of respective Muslim Governments described the comments as a violation of international law, state sovereignty and a dangerous provocation undermining regional peace. The ministries reaffirmed that Israel has no sovereignty whatsoever over the Occupied Palestinian Territory or any other occupied Arab lands,” the countries said.

In summary, Israel has expanded control over Palestinian lands through systematic settlement expansion, recent policies easing land purchases for settlers in the occupied West Bank have intensified this control, drawing international condemnation. These actions are seen by Palestinian authorities to ‘steal and Judaize’ land, escalating tensions. Obviously, such measures undermine Palestinian sovereignty and contribute to the ongoing displacement and fragmentation of Palestinian communities. These actions collectively reflect a strategy of unilateralism intended to normalize the occupation and bypass international scrutiny by creating new legal facts on the ground.

—The writer, based in Pakistan, an independent IR & International Law analyst, also a Peace and Conflict Studies expert, is member of the European Consortium of Political Research, including Washington Foreign Law Society/American Society of International Law.

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