Published On 5/14/2026
In another step towards the actual annexation of the West Bank, the Israeli Knesset approved, in the first reading on Tuesday evening, the draft law establishing the “Judea and Samaria Heritage Authority,” which practically means transferring the antiquities file in the West Bank to an Israeli civil body with broad powers that include confiscation and excavation, amid warnings that this would turn into a process of annexation and actual control of the Palestinian lands.
The draft law, which was presented by Knesset member Amit Halevy from the Likud Party, was supported by 23 members of the Knesset, while 14 members opposed it. It is based on transferring the powers of the antiquities file from the Civil Administration of the Israeli Army to an Israeli body affiliated with the Ministry of Heritage. Thus, the proposal is not limited to managing archaeological sites in the West Bank, but rather establishes direct Israeli responsibility over them and the expropriation of Palestinian private property.
Powers and their imminent risks
The most prominent powers of the new Heritage Authority, according to the draft law, are:
- Excavations and archaeological excavations.
- Management and operation of archaeological sites.
- Supervision of excavation work.
- Imposing implementation and field monitoring procedures.
- Buying or confiscating land under the pretext of “preservation and development.”
The most dangerous thing is that the Authority’s powers will not be limited to Area C, which is subject to Israeli security and administrative control in accordance with the Oslo Accords, which constitute about 60% of the area of the West Bank. Rather, it will extend to Area B, which is administratively affiliated with the Palestinian Authority and security-controlled by Israel, according to the same agreement. The possibility of expanding the Authority’s activity to the Gaza Strip in the future was also raised within the discussions.
The draft law grants the Israeli authority security executive powers, giving it legal priority in cases of dispute with other parties, including natural sites and religious sites, in addition to appointing inspectors with executive powers, and granting them oversight and inspection powers in accordance with the “security laws” in the West Bank.
The Heritage Authority Council consists of 4 Israeli experts in antiquities, history, and heritage, heads of Israeli local authorities in West Bank settlements, representatives of the Antiquities Authority, and others from the Israeli Ministries of Security and Heritage.
According to the draft law, funding for the authority will come from the Israeli government budget, private revenues, and donations. The law also allows the establishment of private research funds. The Israeli Ministry of Finance estimated the cost of the project at approximately 30 million shekels annually (about 10 million dollars).
Official criticism and rejection
Officially, the Palestinian Authority criticized this Israeli measure, and the Director of the International Law Department of the Wall and Settlement Resistance Commission (an official body), Hassan Barijiyeh, said that the draft law raises legal problems at several levels in international humanitarian law, human rights law, and international criminal law.
Brejiya said – in a statement, a copy of which was received by Al Jazeera Net – that according to the Fourth Geneva Conventions and the Hague Regulations, it is prohibited to annex the occupied territories, as is the case with the West Bank, East Jerusalem, and the Gaza Strip. International humanitarian law also grants special protection to cultural heritage and antiquities, and prohibits the use of antiquities to establish political and settlement control.
It is also prohibited to confiscate land and private property except for “military necessity,” and therefore “confiscation for administrative, heritage, or settlement purposes is not considered a military necessity,” according to Brejiya.
This project, according to international human rights law, deprives the Palestinian of his right to property, housing, and movement, as well as his cultural rights to preserve his heritage and national identity, in addition to discrimination and inequality. Especially if these powers are applied in a way that grants privileges to settlers in exchange for restricting Palestinians.
Settlement and annexation of those who have no sovereignty
Brejiya believes that the Israeli draft law may lead to expanding control over lands and seizing private property for the purpose of settlement, and thus the occupying state’s transfer of parts of its civilian population to the occupied territories is a “war crime,” as he puts it.
Brejiya asserts that the most dangerous thing legally is that transferring Israeli civilian sovereign powers directly to the occupied land is considered a step within the path of gradual annexation or an attempt to reshape the legal and cultural identity of the occupied land.
He added, “From the perspective of international law and United Nations resolutions, Israel, as an occupying power, does not have sovereignty over the West Bank and Gaza, and it may not make permanent changes or exploit cultural and natural resources to serve its political and settlement interests, nor may it confiscate any land or impose exclusive management on archaeological sites.”
Messages to the world
For its part, the Palestinian Ministry of Tourism and Antiquities condemned the recent Israeli Knesset bill. She said in a statement on Facebook that it comes as a continuation of the occupation’s continued pursuit of controlling Palestinian cultural heritage sites and a continuation of previous decisions in this regard, such as the decision to appropriate the archaeological site of Sebastia and the decisions to annex lands and archaeological sites that followed it.
The Ministry considered that the new project comes within the policy of acquiring Palestinian lands for the benefit of the occupation and its settlers, calling on the international community and competent international organizations, led by the United Nations Educational, Scientific and Cultural Organization (UNESCO), to stand up to their responsibilities and condemn this violation of international norms and laws, and to take urgent action to take the immediate and necessary measures to stop the violations.
The Israeli human rights organization “Amq Shabih”, concerned with cultural and heritage rights, also confirmed that the draft law “does not protect antiquities”, but rather turns heritage and antiquities into a political tool used against the Palestinians and to advance annexation plans.
The organization added – according to the official news agency “Wafa” – that protecting antiquities requires preventing their looting in cooperation with local communities and professional institutions, and imposing a comprehensive ban on trafficking in antiquities, warning that the project reinforces the professional isolation of Israel and poses a threat to archaeological research.
Source: Al Jazeera + Agencies + Israeli press
