by Ram ben Ze'ev
According to reports from Israel National News, Israeli Prime Minister Benjamin Netanyahu has stated that the application of Israeli civilian law to all areas of Judea and Samaria will be addressed following President Donald Trump’s expected return to office on January 20, 2025. This development marks a significant step forward in the push for legal consistency and governance in these historic and strategically vital regions.
Prime Minister Netanyahu’s stance aligns with longstanding Israeli legal and historical claims to Judea and Samaria, territories originally designated as part of the Jewish homeland under the 1922 League of Nations Mandate for Palestine. This mandate legally recognized the Jewish right to establish a homeland in the land of Israel, including the areas now known as Judea and Samaria. As previously explored in my previous articles, “Applying Israeli Law in Judea and Samaria” and “Strengthening Israel’s Sovereignty: Extending Israeli Law to Judea and Samaria,” extending Israeli civil law without formal annexation is both legally sound and administratively practical, streamlining governance for Israeli residents.
Distinguishing Military Law from Civilian Law
To understand the importance of this initiative, it’s essential to clarify the current legal dichotomy in Judea and Samaria:
Israeli Military Law:
Since Israel regained control of Judea and Samaria during the Six-Day War in 1967, certain areas have been governed under Israeli military law. This structure was put in place to provide immediate governance in newly controlled regions.
Military law operates through orders issued by the Israel Defense Forces (IDF), covering areas such as property rights, infrastructure, and security. However, military law lacks the democratic oversight and stability of Israel’s civilian legal system, leading to ambiguities and inconsistencies in day-to-day governance for residents.
Israeli Civilian Law:
In contrast, Israeli civilian law is a democratically enacted legal system governing citizens within Israel’s borders. Civilian law includes legislative oversight and provides a comprehensive framework for democratic rights, legal protections, and judicial recourse.
Extending Israeli civilian law to Judea and Samaria would eliminate the current reliance on military orders, creating a unified legal environment for Israeli citizens and aligning with Israel’s foundational legal principles.
Proposal: Extending Civilian Law Without Annexation
Netanyahu’s proposal, supported by both Israeli historical rights and practical governance considerations, is straightforward: Israel should extend its civilian law across Judea and Samaria, applying the same legal protections to citizens in these regions as those within pre-1967 borders. This extension of civilian law does not require formal annexation, thus preserving diplomatic flexibility while improving legal consistency.
Key Elements of the Proposal:
Application of Civilian Law to Israeli Citizens:
Israeli civilian law would apply uniformly to Israeli citizens in Judea and Samaria, ensuring that they receive the same legal rights, protections, and responsibilities as those within recognized Israeli borders.
This shift from military to civilian governance affirms Israel’s commitment to equality and democratic principles.
No Change to Political Status:
Applying civilian law is a practical administrative adjustment, not a political act of annexation. The move does not alter the territories’ official status, leaving open the possibility of future negotiations and maintaining diplomatic flexibility.
By extending civilian law, Israel can continue to exercise its administrative rights without altering its stance on the final political resolution of these territories.
Gradual Implementation:
The transition to civilian law would proceed in stages, focusing initially on critical sectors such as property rights, education, health, and infrastructure.
This phased approach replaces military orders with civilian statutes, ensuring a smooth and consistent legal framework for all residents under Israeli jurisdiction.
Legal Basis for Civilian Law Extension:
Under Israeli Basic Law, the Knesset has the authority to apply Israeli law to territories under Israeli control without formally annexing them. This legal framework was similarly utilized in East Jerusalem and the Golan Heights, setting a clear precedent.
Extending civilian law across Judea and Samaria aligns with the principles of the Mandate for Palestine, which recognized these territories as part of the Jewish homeland.
Enhanced Rights for All Residents:
The extension of civilian law offers expanded protections for all residents, irrespective of nationality, within areas under Israeli control. The inclusion of civilian law guarantees democratic rights, access to legal recourse, and a clear judicial framework, aligning with Israel’s commitment to human rights.
Benefits of a Unified Civilian Legal Framework
This approach to governance offers several distinct advantages:
Legal Consistency: Moving from military to civilian law creates a single, consistent legal standard that benefits all residents, enhancing clarity and fairness in legal proceedings.
Democratic Oversight: Civilian law ensures that Israeli citizens in Judea and Samaria receive equal treatment under the law, reflecting Israel’s democratic values.
Diplomatic Flexibility: Extending civilian law preserves the political status quo, providing Israel with the flexibility to respond to future diplomatic initiatives without being bound by formal annexation.
A Clear Path Forward
Prime Minister Netanyahu’s anticipated initiative to extend Israeli civilian law to Judea and Samaria is both legally justified and practically sound. This approach provides consistent governance for Israeli citizens, respects historical claims, and maintains Israel’s commitment to democratic principles. Extending civilian law across these regions upholds the rights granted to Israel under the League of Nations Mandate, establishes a unified legal system for all residents, and prepares a stable foundation for whatever diplomatic developments may arise.
For Israel, applying civilian law in Judea and Samaria is not just a legal formality—it is a reaffirmation of its rights, its responsibilities, and its enduring connection to these historic lands. As articulated in my previous articles, “Applying Israeli Law in Judea and Samaria” and “Strengthening Israel’s Sovereignty: Extending Israeli Law to Judea and Samaria,” this proposal charts a clear path forward that prioritizes fair governance and legal integrity without compromising Israel’s diplomatic position.
###
Bill White (Ram ben Ze'ev) is CEO of WireNews Limited, Mayside Partners Limited, MEADHANAN Agency, Kestrel Assets Limited (developer of MAYCOINS), SpudsToGo Limited and Executive Director of Hebrew Synagogue