To accede to invasion, Israel is changing the legal framework in the West Bank: record

This story originally appeared in Mondoweiss on July 24, 2025. It is shared here with permission.

Israel is accelerating its efforts to cement its permanent control over the West Bank through a number of sweeping legal and institutional changes, according to a new report from Adalah, The Legal Center for Arab Minority Rights in Israel.

The 87-page report, Legal Structures of Distinction, Separation, and Territorial Domination, describes the ways in which the Netanyahu government is rapidly building on a long-standing legal matrix that further threatens Palestinians’ right to self-determination. 

“These developments are not something new to us,” Dr. Suhad Bishara, Legal Director of Adalah and lead author of the report, told Mondoweiss. “All eyes are on Gaza, justifiably so,” she said. “However… it is important to highlight the intensity of the structural changes that have taken place since the current government took over in December 2022.”

“What is happening in the West Bank is dangerously fast-forwarding annexation policies in a blatant violation of international law,” Bishara said. “Israel is intensifying measures to change the status of the West Bank, the status of many Palestinians living in Area C who are subject to intensified displacement induced by settler violence and Israeli policies.” She said, “This is in addition to settler expansion and further restrictions on Palestinian development in the area.”

Thoroughly researched and footnoted, the report documents how the current extremist government has built on what Adalah describes as “foundational mechanisms through which Israel has entrenched a land regime that facilitates territorial domination and racial segregation.” 

Area C comprises over 60 percent of the West Bank, and is under full Israeli military control. 

Here are the mechanisms of territorial domination Adalah examines in these areas.

Civilian governance for Israeli settlers; military rule over Palestinians

Beginning in the late 1970s, Israel abandoned its security-based justifications for approving settlements and adopted a policy based on civil, not military grounds. The report describes how, soon after, the Civil Administration — the Israeli body governing the West Bank — was established to formalize the division between military and civilian affairs.

As a result, “Israel has steadily transferred governance over Israeli settlers in the West Bank from military to civilian control, entrenching permanent territorial dominance and greatly expanding the settlement enterprise,” according to the report.

Most recently, structural reforms — such as the appointment of Bezalel Smotrich to serve as both Finance Minister and a Minister in the Defense Ministry — have resulted in increasing legal authority for the pro-settler civil servants working with Smotrich in the West Bank. These reforms have cemented the two distinct legal structures that govern life in Palestinian villages and Israeli settlements: the former, in which the military rules, and the latter, administered according to Israeli law. 

1. Administration by local authorities

Adalah’s report dives into the weeds as it describes one of the more concerning mechanisms that reveals Israel’s intent to annex the whole of the West Bank. Having transitioned the settlements from military administration to civilian rule — and having handed over significant legal and administrative decision-making to pro-settler civil servants — Israel can argue that the settlements operate now under Israeli sovereignty. But applying Israeli law in occupied territory, Adalah maintains, is a violation of international human rights law and constitutes “a measure of de facto annexation.” 

2. Financial incentives for settlements 

Readers of the report won’t be surprised to learn that, as Adalah writes, “Israeli settlements receive extensive financial benefits through direct government subsidies, preferential policies, and financial incentives… [covering] multiple sectors, including land allocation, housing, infrastructure, and agriculture.” 

Still, it is remarkable—as documented in the Adalah report—how in contravention of international law, Israel continues each year to pour billions of shekels into the development of settlements in the West Bank. Readers of the report will learn of “the legal mechanisms behind these incentives and how Israeli law facilitates their distribution.” 

3. Declaring State land 

According to Adalah, Israel’s designation of State Land in the West Bank is “the primary legal mechanism through which Israeli authorities have taken possession of Palestinian land since the late 1970s.” Those already familiar with Israel’s use of this means of de facto annexation will be surprised by the extraordinary amount of Palestinian land so designated. The report includes information obtained by Peace Now through a Freedom of Information Act request that shows a shocking fact: in under a one-year period, Israel has designated more Palestinian land as State Land than it had in an 18-year period.

From 1998 to 2016, just over 21,000 dunams were declared as State Land. But in just over nine months (from the end of February 2024 through early December 2024), over 24,200 dunams were declared as State Land. This acceleration is historically unprecedented.

The planning system in Area C

Adalah includes an entire section on the legal and structural framework in place in Area C to further expand Israel’s settlement project, fulfilling one of the Netanyahu government’s guiding principles shared the day before his swearing-in as Prime Minister in December 2022: “The Jewish people have an exclusive and inalienable right to all parts of the Land of Israel,” promising to expand settlements throughout “Judea and Samaria,” the Israeli term for the occupied West Bank. 

Paralleling the judgments of the ICJ, UN experts, and international, Palestinian, and Israeli human rights groups, the report ends by listing the five international crimes that Adalah finds Israel guilt of: violations of International Humanitarian Law; the deepening of the illegal mechanism of de facto annexation; the denial of Palestinian people’s right to self-determination; the deepening of the apartheid system in the occupied Palestinian territory; and the commission of war crimes and crimes of aggression on the part of Israel.

The most recent newsletter from Ir Amim, an Israeli NGO, describes Israel’s expanding control over illegally annexed East Jerusalem. Asked to comment, Tess Miller, Public Outreach staff at Ir Amim (“City of Nations” or “City of Peoples” in Hebrew) told Mondoweiss that “the mechanisms of displacement that we monitor and advocate against within Jerusalem are not separate from the mechanisms seen today in Gaza and the West Bank.”

“What we are witnessing,” Miller said, “time after time, place after place, is violent control granted to those willing to advance the state’s agenda of expanding Jewish presence and diminishing Palestinian presence.” Ir Amim’s newsletter documents home demolitions, evictions, and starkly discriminatory housing and land confiscation policies.

“Together,” Miller said, “they all contribute to the accelerating erasure of the Palestinian people from their own cities, neighborhoods, and lands — enabled by the complicity of an increasingly radicalized Israeli public and the international community’s persistent refusal to take meaningful action.”

According to Adalah’s Dr. Bishara, it is hoped that the Adalah report, read by advocates for Palestinian rights, stakeholders, and states alike, “will generate international pressure against these long-term changes in the West Bank that violate international law and threaten the right of the Palestinian people to self-determination.”