In what ways does Israel’s proposal to designate West Bank land as “state property” alter the legal landscape of Israeli‑Palestinian land claims and affect international diplomatic engagement and conflict‑resolution prospects?
Israel's proposal to designate West Bank land as "state property" represents a fundamental transformation of the legal, diplomatic, and territorial architecture governing Israeli-Palestinian relations. This mechanism—rooted in an administrative reinterpretation of Ottoman-era land codes—effectively transfers the burden of proof to Palestinian landowners while creating conditions that critics and international bodies characterize as de facto annexation without formal sovereignty claims.
The declaration of state land operates through an internal process of the Civil Administration, where the Custodian Staff Officer signs a certificate specifying the location and area of land along with a map, which is then sent to affected village leadersDeclarations of State Land in the West Bank - Wikipediawikipedia . Objections must be submitted within 45 days; if not, the declaration becomes final and the Custodian may take possession of the landDeclarations of State Land in the West Bank - Wikipediawikipedia . This procedural framework emerged following the 1979 Elon Moreh case, when the Israeli Supreme Court ended the use of military orders for seizing private Palestinian land for settlements, prompting Israel to establish a new legal basis through a "stringent interpretation" of the 1858 Ottoman Land CodeDeclarations of State Land in the West Bank - Wikipediawikipedia .
The recent resumption of formal land registration processes—frozen since 1967—requires anyone with a claim to submit documents proving ownershipIsrael will begin contentious West Bank land registration in ...rochesterfirst . Peace Now's Settlement Watch director Hagit Ofran has characterized the process as "draconian" and rarely transparent, warning that Palestinians will be "sent to prove ownership in a way that they will never be able to do"Israel will begin contentious West Bank land registration in ...rochesterfirst . Through this mechanism, Israel could potentially take control of 83% of Area C, representing approximately half of the entire West BankIsrael will begin contentious West Bank land registration in ...rochesterfirst .
In May 2025, Israel's cabinet voted to take sole responsibility for land registration in Area C, with new orders requiring the Israeli army to register 15% of Area C by 2030Israel’s West Bank move means ‘more threats, intimidation from Israeli settlers’: Analysisyoutube +1. The cabinet resolution instructs Israeli security forces to impede Palestinian land registration initiatives, reject external assistance for these endeavors, and establish a cross-ministerial committee to oversee land registrationIsraeli cabinet votes to formalize annexation of West Bank's Area Cglobalsecurity .
Finance Minister Bezalel Smotrich, in his capacity as minister in the Defense Ministry, now controls the Settlements Administration and the Civil Administration's regulation unit, which conducts land assessments that may result in reclassifying privately owned Palestinian land as public land under Israeli jurisdictionIsraeli cabinet votes to formalize annexation of West Bank's Area Cglobalsecurity . The security cabinet has reestablished a government mechanism for acquiring land through the Custodian of Government Property, with a team operationalizing this mechanism to enable large-scale state land acquisitions, including from private Palestinian ownersIsrael's New Escalation of West Bank Annexationisraelpolicyforum .
The Land Registration Authority in the Justice Ministry has been authorized to carry out the land registration process with necessary funding and manpowerCabinet okays new land registration process in West Bank; critics decry 'massive land grab' | The Times of Israeltimesofisrael . Defense Minister Israel Katz, Finance Minister Smotrich, and Justice Minister Yariv Levin have characterized these decisions as creating "legal certainty" and protecting national interests, with an initial goal of gradually settling 15% of Area C by 2030Israeli government approves proposal to register West Bank lands as ‘state property’ for 1st time since 1967 – Middle East Monitormiddleeastmonitor .
The quantitative scope of recent declarations marks a significant acceleration. In 2024, 24,700 dunams (6,100 acres or 2,470 hectares) were classified as "state land" by Israeli authorities, surpassing the 23,000 dunams designated between 2000 and 2023Mapping how Israel’s land grabs are reshaping the occupied West Bankaljazeera . According to B'Tselem, this method has been used to expropriate 16% of the West Bank overallDeclarations of State Land in the West Bank - Wikipediawikipedia .
A recent declaration of approximately 12,000 dunams created territorial continuity between settlements in the Jordan Valley (Yifit and Masu'a) and settlements at the eastern end of the mountainside (Gitit and Ma'ale Efraim)Peace Now The Government Declares 12,000 Dunams in the Jordan Valley as State Landspeacenow . Peace Now has characterized this as Israel's largest land seizure since the Oslo Accords of 1993Israel's MASSIVE Land Grab, Largest West Bank Seizure in 30 Years Sparks Outrage!!!youtube .
International law distinguishes provisional belligerent occupation from territorial acquisition by invasion and annexation, both of which are prohibitedOccupation and IHL - International Humanitarian Law Centrediakonia . The prohibition of annexation by use or threat of force stems from Article 2(4) of the UN CharterOccupation and IHL - International Humanitarian Law Centrediakonia . State land declarations technically preserve the occupier's characterization of territory as held "in trust" until sovereignty is resolved, while simultaneously transferring effective control for settlement purposesDeclarations of State Land in the West Bank - Wikipediawikipedia .
However, Palestinian Authority President Mahmoud Abbas's office has characterized the land registration decision as "a grave escalation and a flagrant violation of international law" amounting to "de facto annexation"Israel Will Begin Contentious West Bank Land Registration ...usnews +1. Israel is effectively "applying its domestic civil law to occupied territory," which some analysts argue ends the legal status of the West Bank as occupied territory under Israeli domestic lawIsrael’s West Bank move means ‘more threats, intimidation from Israeli settlers’: Analysisyoutube .
The ICJ's July 2024 advisory opinion represents the most authoritative international legal determination on Israel's land policies. The Court determined that Israel's continued presence in the Occupied Palestinian Territory is unlawful and that Israel is obligated to withdraw "as rapidly as possible"Too Little, Too Late? On the Meaning and Consequences of the Recognition of the State of Palestineopiniojuris . The Court found that Israel's settlement policy violates three peremptory norms of international law: the prohibition on acquisition of territory by force, the obligation to respect the right of peoples to self-determination, and the obligation to refrain from imposing regimes of racial segregation and apartheidToo Little, Too Late? On the Meaning and Consequences of the Recognition of the State of Palestineopiniojuris .
On settler violence specifically, the ICJ concluded that "Israel's systematic failure to prevent or to punish attacks by settlers against the life or bodily integrity of Palestinians, as well as Israel's excessive use of force against Palestinians, is inconsistent with its obligations under Article 46 of the Hague Regulations, Article 27 of the Fourth Geneva Convention and Article 6, paragraph 1, and Article 7 of the ICCPR"Settler Violence as State Wrongful Act and Third State Obligationsopiniojuris .
The Court determined that all States have an obligation not to recognize Israel's continued presence in the OPT as lawful and not to aid or assist Israel in maintaining its unlawful presenceToo Little, Too Late? On the Meaning and Consequences of the Recognition of the State of Palestineopiniojuris .
The UN General Assembly adopted resolution ES-10/24 on September 18, 2024, demanding that Israel end its unlawful presence in the Occupied Palestinian Territory no later than 12 months from adoptionReport of the UN Secretary-General - Advisory opinion of the International Court of Justice on the legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, and from the illegality of the continued presence of Israel in the Occupied Palestinian Territory - Question of Palestineun . The resolution called upon international organizations, including the United Nations, to distinguish between Israel and the Occupied Palestinian Territory in their dealings, and not to recognize or cooperate with any measures undertaken by Israel to exploit natural resources or effect demographic or geographic changesReport of the UN Secretary-General - Advisory opinion of the International Court of Justice on the legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, and from the illegality of the continued presence of Israel in the Occupied Palestinian Territory - Question of Palestineun .
This resolution received support from 143 UN member countries, with only eight voting against: Israel, the United States, Argentina, Federated States of Micronesia, Nauru, Palau, Papua New Guinea, and HungaryAustralia's opposition to Israel's 'unlawful' settlements set to impact Future Fundabc . Australia's vote in favor marked a return to its pre-2001 official position, aligning it with Germany, the UK, France, Canada, and other major democraciesAustralia's opposition to Israel's 'unlawful' settlements set to impact Future Fundabc .
In February 2024, the Biden administration created a legal framework under Executive Order 14115 to sanction Israeli citizens who had attacked Palestinians in the West BankThe Lessons of the Biden Administration's Efforts to Sanction Israeli ...crisisgroup . The administration ramped up sanctions over an eleven-month period, with Australia, Canada, the EU, Japan, Norway, and the UK creating similar sanctions listsThe Lessons of the Biden Administration's Efforts to Sanction Israeli ...crisisgroup .
Designated entities included Hilltop Youth, characterized as "a violent extremist group that has repeatedly attacked Palestinians and destroyed Palestinian homes and property in the West Bank"Treasury Designates Extremist Settler Group in West Bank | U.S. Department of the Treasurytreasury . The settlement development organization Amana and its subsidiary were also sanctioned as umbrella bodies for violent settler activityWhy has US President Trump removed sanctions on Israeli settlers?aljazeera .
However, the sanctions faced significant limitations. Finance Minister Smotrich used his ministerial position to neutralize them by threatening to cut Palestinian banks off from Israel's financial system unless Washington provided blanket exemptions for Israeli banks dealing with sanctioned individuals—which the United States providedSanctions Can't Solve the Israeli Settlement Problemtcf . The Biden administration sanctioned Amana in November 2024 but granted a sixty-day wind-down period—sixty-one days before the presidential transition—effectively rendering the sanction meaninglessSanctions Can't Solve the Israeli Settlement Problemtcf .
Upon taking office in January 2025, President Trump lifted sanctions on more than 30 Israeli settler groups and entitiesWhy has US President Trump removed sanctions on Israeli settlers?aljazeera . Both Ministers Smotrich and Ben-Gvir celebrated the revocation, with Ben-Gvir writing that he welcomed the "historic decision" to lift sanctions on "the settlers of Judea and Samaria"Why has US President Trump removed sanctions on Israeli settlers?aljazeera .
The consequences became tragically apparent when Yinon Levi, an Israeli settler who had been under US sanctions for violent attacks on Palestinians until Trump removed them, shot and killed Awdah Hathaleen, a Palestinian consultant on the Oscar-winning documentary No Other LandDon’t Look Away: The Revolution Will Not Be Televised But the Genocide Is Being Filmednakedcapitalism .
In June 2025, the United Kingdom, Australia, Canada, New Zealand, and Norway jointly sanctioned Israeli ministers Itamar Ben-Gvir and Bezalel Smotrich for inciting violence against PalestiniansSanctions Can't Solve the Israeli Settlement Problemtcf +1. Canada has imposed four rounds of sanctions on individual settlers since May 2024Sanctions Can't Solve the Israeli Settlement Problemtcf .
The EU High Representative for Foreign Affairs Kaja Kallas and Commissioners Dubravka Suica and Hadja Lahbib urged all parties to refrain from unilateral measures, recalling "the EU has long maintained a position of non-recognition of Israeli sovereignty over the territories occupied since June 1967"Israel tightens control over West Bank. EU - Eunewseunews .
Following the ICJ advisory opinion, the EU acknowledged that the Court's conclusions "are largely consistent with EU positions"Israel/Palestine: Statement by the High Representative on ... - EEASeuropa . The EU stated its "unwavering commitment to all ICJ decisions in a consistent manner"Israel/Palestine: Statement by the High Representative on ... - EEASeuropa .
In September 2025, the European Commission proposed suspending Israel's preferential trade access, citing settlement expansion in the E1 areaSanctions Can't Solve the Israeli Settlement Problemtcf . The ICJ opinion established that EU member states have an obligation "to abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory or parts thereof which may entrench its unlawful presence"Implications of the ICJ Advisory Opinion for the EU-Israel ...ejiltalk .
Article 2 of the EU-Israel Association Agreement establishes respect for human rights as an "essential element," and if the EU determined serious and persistent violations exist, it could invoke Article 79 to take appropriate measures or ultimately suspend the AgreementImplications of the ICJ Advisory Opinion for the EU-Israel ...ejiltalk . However, Kallas reportedly has not put economic sanctions or restrictive measures against Smotrich and Ben-Gvir back on the table following the Gaza ceasefireIsrael tightens control over West Bank. EU - Eunewseunews .
The Trump administration has adopted a permissive stance toward Israeli settlement activity. In 2019, Trump stated Israeli settlements in the West Bank were "not inherently illegal" under international law—breaking with longstanding US policyIllegal settlement expansion: How Israel is redrawing occupied West Bankaljazeera . Trump also recognized Israel's annexation of the Syrian Golan Heights during his first termWhy has US President Trump removed sanctions on Israeli settlers?aljazeera .
While Trump has stated opposition to formal annexation of the West Bank, a White House official's response to recent Israeli measures stopped short of concrete actionUS Response Muted on New Israeli West Bank Measuresaawsat . Diplomats note this approach indicates "US objections are being managed through messaging rather than through policy leverage"US Response Muted on New Israeli West Bank Measuresaawsat .
Even staunch Israeli allies including Trump, Vice President JD Vance, and Secretary of State Marco Rubio opposed recent Knesset votes advancing annexation plans, although their statements have not condemned annexation plans as illegalAll West Bank annexation proposals are illegal—and put core international principles at risk - Atlantic Councilatlanticcouncil .
Palestinians face severe structural disadvantages in contesting state land declarations. A petition by Yesh Din and Bimkom challenging amendments to Order No. 2013, which restricts appeals of state land declaration expansions, was dismissed by Israel's High Court of Justice in July 2023Petition challenging Order 2013, which restricts the possibility of appealing the blue line team’s expansions of declarations - Yesh Dinyesh-din . The judgment noted that "a person with title to land should be able to receive relevant information essential for protecting their rights" but held the petition had been exhaustedPetition challenging Order 2013, which restricts the possibility of appealing the blue line team’s expansions of declarations - Yesh Dinyesh-din .
When Palestinians have brought proof of ownership to Israeli courts, the courts have at times ordered restoration of property, even requiring dismantling private homes of Israeli citizensIsrael's Decision to Declare 988 Acres of West Bank Territory as ...jcfa . However, settlers "know they can count on legal hurdles and bureaucratic delays" and "don't expect to be forced off this stolen land anytime soon"Israeli court backs Palestinian land rightyoutube .
The United Arab Emirates has warned that annexation would cross a "red line" and deal a major blow to the Abraham AccordsTrump’s New War on ‘Narcoterrorists’foreignpolicy . Following this warning, an annexation proposal was reportedly removed from the agenda of a meeting being convened by NetanyahuTrump’s New War on ‘Narcoterrorists’foreignpolicy .
Saudi-Israeli normalization—the "ultimate culmination of the Abraham Accords"—remains elusive. Crown Prince Mohammed bin Salman has pushed back on Trump's pressure to move immediately with normalization, stating that widespread anti-Israel sentiment in Saudi Arabia following the Gaza war "doesn't allow for the move at this time"Netanyahu: If Saudis want deal, we expect them not to align with anti-Israel forces | The Times of Israeltimesofisrael . In September 2024, Mohammed bin Salman made Saudi views clear: "The kingdom will not establish diplomatic relations with Israel without" an independent Palestinian state with East Jerusalem as its capitalWhy the Gulf States Might Feature Prominently in Trump’s Foreign Policyforeignpolicy .
Reports indicate the Trump administration has dropped the condition that a nuclear agreement with Saudi Arabia be linked to normalizing relations with IsraelTrump, Saudi Arabia, Israel Nuclear Deal Without Normalizationyoutube . Some analysts suggest the Abraham Accords "may splinter" as Arab states seek to divorce bilateral relationships with the United States from normalization with IsraelBill Keating Asks Expert How West Bank Violence Could Affect The Abraham Accordsyoutube .
The settler population has grown substantially. As of December 2024, there were 529,455 Jewish settlers in the West Bank, spread across 141 settlementsWhat To Know About Israel’s Major Expansion of Settlements in Occupied West Banktime . This represents a significant increase from approximately 78,600 in 1990 and 192,976 in 2000Population statistics for Israeli settlements in the West Bank - Wikipediawikipedia . Since the Oslo Accords, Israel has tripled its settler population, with approximately 750,000 Israelis now living in settlements across the Occupied West Bank and East JerusalemIsraeli army, settlers intensify violent displacement of Palestinians across West Bank: Reportglobalsecurity .
Between November 2023 and October 2024, construction plans were established for over 10,300 new housing units within existing settlementsWhat To Know About Israel’s Major Expansion of Settlements in Occupied West Banktime . UN High Commissioner for Human Rights Volker Turk has condemned these activities, stating: "The transfer by Israel of parts of its own civilian population into the territory it occupies amounts to a war crime"Israel steps up annexation of the occupied West Bank: U.N. reportglobalsecurity .
The Trump administration's earlier "Peace to Prosperity" plan envisioned a Palestinian "state" composed of "countless number of land pieces" connected by "an innovative network of roads, bridges and tunnels," with no borders with Jordan or Egypt, airspace and coastline under permanent Israeli military control, and full demilitarizationPalestine and Trump’s “Peace to Prosperity” Planglobalresearch .
Finance Minister Smotrich has proposed annexing approximately 82% of the West Bank "to remove, once and for all, this idea of a Palestinian state"Trump’s New War on ‘Narcoterrorists’foreignpolicy . Under the Oslo framework, settlements are concentrated in Area C, which covers approximately 60% of the West Bank, while Palestinians were granted limited authority only in Areas A and B—approximately 39% of the territoryIsraeli Palestinian Conflict: 'Area C' West Bank Crisis Explained!youtube +1.
Palestinian analysts have characterized the two-state solution as already having received "the nail in the coffin for quite some time," noting that over 600,000 Israeli settlers now make up about 25% of the West Bank population, subject to different laws than Palestinians—"a word for that and that is apartheid"Former Palestinian Liberation Organization Legal Adviser: "It's Apartheid" | Amanpour and Companyyoutube . Peace Now has stated: "Today, it is clear to everyone that this conflict cannot be resolved without a political settlement that establishes a Palestinian state alongside Israel. Still, the Israeli government chooses to actually make it difficult and distance us from the possibility of peace"Peace Now The Government Declares 12,000 Dunams in the Jordan Valley as State Landspeacenow .
Israel's state land designation mechanism operates through administrative processes that fundamentally restructure property rights without formal sovereignty claims. This approach:
The international response reveals a significant gap between legal determinations and diplomatic enforcement. While the ICJ has unambiguously ruled Israel's presence unlawful and demanded withdrawal within twelve months, the September 2024 UN General Assembly deadline has passed without compliance. European and allied sanctions have targeted individual settlers and ministers but have not addressed the institutional mechanisms driving land appropriation. The United States continues to verbally oppose annexation while providing diplomatic cover and removing sanctions that provided modest pressure.