The Knesset Education, Culture and Sports Committee Legal Adviser Tami Sela criticizes the controversial bill seeking to extend Israeli civilian responsibility over antiquities and archaeological sites in the West Bank and the Gaza Strip, stating it “contradicts international agreements that have been adopted into law” and “reinforces claims of ‘creeping annexation.'”
Sela’s position is expressed in a position paper published in conjunction with a meeting of the committee preparing the bill — which establishes a “Judea, Samaria and Gaza Heritage Authority” under the Heritage Ministry — for its final plenum readings to vote it into law.
“[Regarding West Bank Area’s A and B,] the bill stands in contradiction to the interim agreements to which the State of Israel is a signatory, and to the legislation adopted in Israel and the [West Bank] for their implementation,” writes the adviser, referring to the areas in the West Bank under the responsibility of the Palestinian Authority.
“Israel does not have any civil powers in the Gaza Strip,” she adds. “Beyond the fact that the application of civilian powers to [Area A, B and Gaza] contradicts international agreements that have been adopted into law in Israel and the area, it also raises substantial 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 how, while Israel considers the West Bank disputed territory, in practice it applies the Law of Belligerent Occupation and rules the area under the authority of a Military Commander, temporary by nature.
The person currently responsible for the antiquities is now a staff officer of the Archaeology Unit of the Civil Administration, a branch of the Defense Ministry’s Coordinator of Government Activities in the Territories (COGAT), which is responsible for civilian affairs in the West Bank.
“The enactment of the bill could, especially cumulatively with additional legislation being promoted in the Knesset, reinforce claims that this constitutes a process of ‘creeping annexation,’ i.e., a stage within a gradual move to transform the territory into an area subject to the sovereignty and direct rule of the State of Israel, without considering all the implications of such a move, including on the rights and status of the Palestinian residents of the area,” Sela writes.
The committee has been running a series of marathon meetings to enable the Knesset to approve the proposal as quickly as possible in light of the time crunch caused by lawmakers’ decision to begin the process of dissolving parliament early.
The timeline for advancing legislation is further complicated by the looming summer recess, which is expected to begin in July and run almost until October. Elections must be held by October 27 at the latest.
However, it is also possible that the antiquities bill will not be put up for final votes in the plenum if the coalition decides not to move forward with it, or if legislation to dissolve the Knesset advanced last week is fast-tracked to be passed into law in the coming days.
