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Israel moves to annex Palestinian historical sites in the West Bank

The Israeli Knesset is considering a bill that would place Palestinian historical sites in the West Bank under direct Israeli civil law, stripping them of their protected status under international law. Experts say it's annexation in all but name.

The Israeli Knesset has taken a significant step toward annexing Palestinian archaeological and historical sites in the West Bank, advancing a bill that would place them under direct Israeli civil authority and effectively legally annex them to Israel.

The bill, known as the Antiquities Law, was originally introduced in 2023, and its final draft was approved by the Israeli cabinet in February as part of a broader set of annexation measures. Introduced by Likud Knesset member Amit Halevi, it passed its first Knesset reading on Wednesday by 23 to 14. It is now due to go up for its second and third readings in the Israeli parliamentary body before being passed into law.

If it does, the bill would transfer authority over West Bank antiquities from the Israeli army’s antiquities officer to a new agency under the direct authority of the Ministry of Heritage. This would move the control of the occupied Palestinian antiquities from the army’s Civil Administration to a civilian agency in the Israeli government — a clear act of legal annexation in contravention of international law.

“Annexing historical sites is depriving the Palestinian people of what remains of an essential part of their collective memory, their folk culture, their historical record, and an important part of their development and economy.”

Dr. Hamdan Taha

But the change the bill seeks is much deeper, as explained by Dr. Hamdan Taha, a Palestinian archaeologist, academic, and the former director of the antiquities department at the Palestinian Antiquities and Tourism Ministry from 1994 to 2014.

“Historical and archaeological sites in Palestine have a double importance,” Taha told Mondoweiss. “They are part of our cultural and educational life, and a key component in preserving our identity. Not to mention that, as the main pillar of tourism, they’re also an important economic asset.”

“Annexing historical sites is depriving the Palestinian people of what remains of an essential part of their collective memory, their folk culture, their historical record, and an important part of their development and economy,” Taha explained.

The creeping Israeli state

Israeli soldiers patrolling Roman-era ruins in the Palestinian town of Sebastia, March 30, 2021. (Photo: Shadi Jarar'ah/APA Images)
Israeli soldiers patrolling Roman-era ruins in the Palestinian town of Sebastia, March 30, 2021. (Photo: Shadi Jarar’ah/APA Images)

The bill establishes a new agency, called the “Antiquities Authority for Judea and Samaria,” as the sole authority over Palestinian archaeological and historical sites across all three Oslo zones: Area C, the parts of the West Bank under Israeli military control as per the 1993 Oslo Accords; Area B, under ostensible joint Palestinian Authority-Israeli control; and Area A, supposedly under exclusive PA control.

The new agency would have the power to initiate, conduct, and supervise archaeological excavations, and would be the only authority to run and administer historical sites. It would also have law enforcement powers and legal priority in disputes with other entities, would be able to appoint supervisors to enforce Israeli antiquities law and impose fines, and have the power to buy or confiscate land for archaeological purposes. The agency has been allotted $86 million to implement its project.

The new agency would be the extension of Israeli state authority over Palestinian antiquities in the West Bank, turning them effectively into Israeli sites under Israeli law — a tool of effective annexation of archaeological and historical places.

In short, the new agency would be the extension of Israeli state authority over Palestinian antiquities in the West Bank, turning them effectively into Israeli sites under Israeli law — a tool for effective annexation of archaeological and historical places.

For twenty years, Taha was tasked with exercising Palestinian autonomy over the historical sites in the West Bank. “In Areas A and B we ran the sites and supervised excavations, and in Area C, where the Palestinian Authority doesn’t have access, we treated historical sites as Palestinian sites under occupation,” he explained. “We documented Israeli violations in those sites, and they included destruction, alteration, and damage, both by Israeli forces and settlers.”

Taha’s department reported the documented violations by his ministry and Palestinian NGOs to UNESCO and international organizations. “This was our way of affirming that these antiquities are Palestinian, and that we are the mandate holders over them,” he said.

The fact that antiquities in Area C are run by the army’s civil administration confirms the Palestinian position: that antiquities under Israeli control in the West Bank are protected by the treaties on the protection of cultural heritage in cases of conflict, and by the Geneva Conventions on occupation. In 2011, Palestine became a full member of UNESCO, giving it more tools to develop and protect historical sites. Yet none of the tools available under international law or through international organizations have protected against an Israeli takeover.

The timing of the bill is telling. The Knesset passed the vote in its last session before summer vacation, with the expectation of its dissolution soon and an early election. This means the legislation will most likely be adopted by the next Knesset, whichever coalition forms the next government.

The bill’s origins within Likud, rather than among its more extreme coalition partners, are also significant. As the party of Prime Minister Netanyahu and the central force around which successive Israeli government coalitions have been built, Likud’s sponsorship indicates that the policy the bill promotes is part of a broader Israeli strategy beyond the current government.

Although the bill concerns Palestinian antiquities in Area C, it also extends to historical sites with relevance for Judaism in Areas A and B, where civil authority belongs to the PA under the Oslo Accords. These include the Ibrahimi Mosque in Hebron, the Rachel’s Tomb site in Bethlehem, and Joseph’s Tomb in Nablus, in the heart of Nablus city’s Area A.


Qassam Muaddi
Qassam Muaddi is the Palestine Staff Writer for Mondoweiss. Follow him on Twitter/X at @QassaMMuaddi.


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