Archaeology & Cultural Heritage: Israel’s Strategy to Entrench the De Facto Annexation of the West Bank

Archaeology & Cultural Heritage: Israel’s Strategy to Entrench the De Facto Annexation of the West Bank

I. Context

Between 2013 and 2025, the Israeli occupation authorities, including the Civil Administration, the Israel Antiquities Authority, and the Israel Nature and Parks Authority, issued 63 military orders concerning archaeological sites in the occupied West Bank. These orders (please refer to the PDF located on this page) resulted in the confiscation of or placement under exclusive Israeli control of over 7,012 dunams of occupied Palestinian land. These measures are part of a broader, systematic strategy to consolidate and entrench the de facto annexation of the West Bank by manipulating archaeology, tourism infrastructure, and cultural heritage management.

Those involved in this massive land grab include:

• The Israeli antiquities officer in the Civil Administration.
• Numerous history and archaeology departments in Israeli universities.
• Evangelical and biblical funds and associations worldwide.
• Palestinian looters.

These orders are accompanied by parallel political and legislative moves, including the Israeli cabinet's decision to allow the Civil Administration to control heritage sites in “Area B,” defined by the Oslo Interim Agreement, and the Knesset's proposal to extend the “Antiquities Authority Law” to the West Bank. This enables heritage to be exploited as a tool to erase Palestinian history and legacy, constitutes a targeted attack on Palestinian sovereignty, and seeks to undermine the two-state solution — all in clear violation of international law and treaties safeguarding heritage and cultural property.

In parallel, in August 2025, Israel designated 63 Palestinian archaeological sites in the West Bank as “Israeli heritage sites,” integrating them into official tourism narratives. This move excludes Palestinians from managing these sites and denies them access to the sites. As a result, the total number of archaeological sites designated by the occupying Power between 1967 and 2025 as "Israeli archaeological sites" and declared "areas to be protected and preserved" has exceeded 2,400.

Many of these sites have been transformed into Israeli settlements and colonial installations (outposts), military sites, and tourist and recreational areas accessible only to Israeli tourists and settlers.

Israeli policies threaten approximately 6,000 Palestinian archaeological sites in the West Bank, claiming these areas are "deeply rooted in Jewish history" and have "no historical or other connection" to Palestine. The decision to annex archaeological sites occurs amid actions by the Israeli political and security cabinet as punitive measures against the Palestinian National Authority. These measures strip the authority over antiquities and ban any restoration or construction work at these sites. Additionally, excavations are often used to justify settlement expansion and to reinforce the occupying Power’s narrative. In this context, Palestinian artifacts have been looted and transferred to Israeli institutions. Meanwhile, hundreds of sites have been damaged or destroyed due to infrastructure development and the construction of Israel’s annexation wall, which is estimated to have wholly or partially affected approximately 800 archaeological sites.

II. The Sequential Distribution Of Confiscation Orders (2013 – 2025)

III. Spatial Distribution Of Confiscation Orders

Data analysis indicates that most documented orders focus on Nablus Governorate, accounting for 56 of 63 orders. There are six 6 orders in Ramallah and one in Salfit. Over the past five years, the issuance of these orders has surged significantly, reaching a peak in 2025 with 32 orders— about half of all orders. This notable rise corresponds with Israeli government policies aimed at expanding Israeli control over Palestinian heritage sites in “Area B” and diminishing the Palestinian National Authority’s control over antiquities.

IV.  Legal Implications

The behavior of Israel, the occupying Power, is not limited to land confiscation and the appropriation of Palestinian heritage sites. It also involves marketing these sites internationally within the Israeli national heritage network, as seen with the historic Qumran site, the Baptism Site, and dozens of other archaeological sites. Israel is particularly determined to reshape the heritage of Sebastia into a biblical narrative, disregarding the living Palestinian village, thereby erasing Palestinian identity and redirecting all tourism revenues to Israeli authorities.

It is clear that these unilateral practices—whether alteration, appropriation, unilateral transfer of cultural property, or confiscation by Israel—not only have cultural and historical repercussions but also constitute a blatant violation of international law and breach international agreements and treaties, particularly:

- The 1954 Hague Convention, which prohibits an occupying Power from stealing, looting, or appropriating cultural heritage and obligates it to protect it. These provisions are recognized as part of customary international law and are applicable to all.

-The Convention above, along with subsequent UNESCO agreements and protocols, establishes the responsibility of all states to protect the world's cultural heritage. It also grants the international body the duty to ensure the implementation of these agreements and to monitor and address violations. The 1954 Protocol specifically prohibits the transfer of cultural property outside occupied territories unless there is a serious risk of damage. It emphasizes the obligation to return such property if it has been transferred, an obligation that Israel does not adhere to.

- The 1999 Protocol, which aims to strengthen the original Convention and provide more comprehensive protection for cultural heritage in armed conflicts, calls upon State Parties to criminalize the deliberate destruction of any cultural property.

- UN Security Council Resolution 2334 (2016), which affirms the importance of distinguishing between Israeli territory and the occupied Palestinian territory in 1967, and clarifies that any support for or recognition of annexation measures that violate international obligations is prohibited.

- The International Criminal Court pays special attention to cultural heritage and archaeological property, issuing a policy paper on the subject in 2021. The Court reaffirmed its intention to punish the theft, appropriation, or deliberate destruction of such property, which constitutes a war crime and, in some cases, may amount to a crime against humanity.

Therefore, Israel's violation of these agreements warrants prosecution and international legal action, especially given the wave of international recognition for Palestine and the New York Declaration, which affirms the commitment of all states to cease violations and illegal settlement activities that deprive the people of Palestine of their legitimate rights and undermine the two-State solution.