Adalah: Proposed Amendment to Negev Development Authority Law that Expands the Law’s Application to the Occupied West Bank, Violates Int’l Law and Constitutes Illegal Annexation

On 27 October 2024, ahead of a discussion in the Knesset’s Economic Committee on a proposed amendment to the Negev Development Authority (NDA) Law (1991), which seeks to extends the law’s application to parts of the occupied West Bank, Adalah – The Legal Center for Arab Minority Rights in Israel sent a letter to relevant Israeli authorities. The letter warned that, if passed, this amendment would violate international law and amount to illegal annexation of occupied territory. The proposed amendment seeks to redefine "Negev" within the law to encompass parts of the West Bank, effectively equating the legal status of Israeli settlements in the southern West Bank with those in the Naqab (Negev, southern Israel).

    CLICK HERE to read Adalah’s letter [Hebrew]

In the letter, Adalah’s Legal Director, Dr. Suhad Bishara noted that the amendment grants the NDA powers under Israeli law to promote social, economic, and settlement development in an occupied territory, including taking steps to facilitate the expansion of Israeli settlements. In Adalah’s view, this expansive definition of the Naqab clearly violates international law, as it would not serve the Palestinian population but rather it would serve the occupying population illegally residing in Israeli settlements, in direct contravention of international humanitarian law, including Article 43 of the Hague Regulation and Article 64 of the Fourth Geneva Convention. Adalah further emphasized that the bill contradicts Israeli Supreme Court rulings affirming that Israeli law does not apply in these areas. 

Adalah also argued that the proposed amendment further entrenches the de facto annexation of the occupied territories and could even be viewed as a step toward de jure annexation—a direct application of Israeli law to the occupied West Bank. In this regard, Adalah referenced the recent Advisory Opinion issued by the International Court of Justice (ICJ) on 19 July 2024, which determined that Israel's prolonged occupation of OPT is illegal. The ICJ specifically stated that "Israel’s extension of its domestic law to the West Bank, notably to the settlements and over the settlers (see paragraphs 134-141), as well as its assumption of broader regulatory powers due to the prolonged nature of the occupation, entrenches its control over the occupied territory…".

Finally, Adalah argued that the bill violates the Palestinian people's right to self-determination. As noted by the ICJ in its opinion, “Israel’s policies and practices, including its continued expansion of settlements, are designed to establish facts on the ground that are irreversible, entrenching the annexation of large parts of the Occupied Palestinian Territory and impeding the exercise of the right to self-determination by the Palestinian people.” This proposed bill undeniably contributes to Israel’s illegal efforts.

This bill is part of Israel's ongoing efforts to entrench de facto annexation of the occupied West Bank, with a clear intention to formally annex the territory. This agenda was explicitly outlined in the current far-right government’s December 2022 coalition agreements and guiding principles, an agenda that has advanced rapidly over the past two years.

CLICK HERE to read Adalah's position paper on the annexation measures advanced by the current far-right Israeli government

CLICK HERE to read Adalah’s analysis of the coalition agreements