Israeli Government Decision to Resume "Property Settlement" Procedures in the occupied Palestinian Territory

Background and Severity of the Decision

On May 11, 2025, the Israeli so called Security Cabinet approved a proposal by Finance Minister Bezalel Smotrich to resume "Property Settlement"[1] procedures in the occupied West Bank, a 58 years suspension since 1967. The decision seeks to complete land ownership registration across large areas of the West Bank, particularly in Area C (covering 60% of the West Bank), primarily to serve the settlement enterprise while undermining Palestinian property rights.

These measures constitute a de facto assertion of Israeli sovereignty in the occupied territory, as property settlement represents a final legal step typically reserved for sovereign states. Their implementation violates international law, particularly the prohibition against annexation and obligations to respect private property rights under international humanitarian law.

This decision coincides with the Knesset's preparations to discuss a new bill entitled "Elimination of the Discrimination in the Purchase of Real Estate in Judea and Samaria"[2]  which would allow Israeli settlers to purchase land in the West Bank without Israeli Civil Administration oversight.  This proposed legislation would override existing military orders that have regulated land registration for decades. Together, they mark a dangerous shift in the process of gradual annexation, further entrenching occupation as a permanent reality and undermining prospects for a viable two-state solution.

Confronting the Procedure with International Law

Land settlement is a sovereign process initiated during the British Mandate and partially completed under Jordanian rule, with approximately one-third of West Bank land registered by 1967. Israel suspended the process upon occupation. The current resumption initiated by a right-wing government with a colonial-driven agenda, represents a significant step toward annexation.

The Israeli decision to resume land settlement procedures constitutes a clear violation of international law.  Under Article 43 of the 1907 Hague Regulations, the occupying power must maintain the existing legal order. Moreover, Article 46 explicitly prohibits private property confiscation.

Articles 49 and 55 of the Fourth Geneva Convention prohibit the occupying power from transferring its civilian population into occupied territory and restrict its role to temporary administrator, without altering ownership.

In its July 2024 advisory opinion, the International Court of Justice (ICJ) reaffirmed that Israel’s alterations to the occupied Palestinian Territory, including land settlement policies, are illegal under international law. The court emphasized that these violations particularly impact Palestinian self-determination rights.

Israel’s move to strip Palestinian Government of its land registration authority within Area C and reject its records constitutes a direct assault on Palestinian self-governance and perpetuates discriminatory practices favoring Israeli settlers over Palestinians.

The resumption of land settlement poses a severe threat to hundreds of thousands of Palestinians, particularly those designated as absentees since 1967, who are unable to assert ownership due to forced displacement and lack of access to documentation.  Moreover, the existence of gaps in Israeli land ownership records exacerbates the risk of unlawful land confiscation. This process not only undermines the rights of affected individuals but also contributes to the systematic erasure of Palestinian presence in vast areas of the occupied West Bank.

The occupied East Jerusalem precedent, where Israel resumed the land settlement process in 2018, offers a clear warning and shows that most of registered land has become state-owned or Israeli settler-owned, without any property being fully registered in Palestinian names.  The non-transparent and intimidating nature of the process has effectively transformed it into a tool for legal dispossession under the pretense of “regulation.”

Urgent Asks from the International Community

The resumption of property settlement in the West Bank is not an isolated administrative decision, it is a calculated move to transform temporary occupation into permanent annexation. It must be met with a firm international response grounded in law, justice, and the protection of Palestinian rights.

Based on the alarming implications of Israel’s May 11, 2025, decision to resume “property settlement” procedures in the occupied West Bank, the International Community is urgently called upon to:

• Publicly denounce Israel’s move as a violation of international law and reject the legitimacy of any resulting land registration or ownership changes.
• Request a supplementary advisory opinion from the International Court of Justice (ICJ) on the implications of the decision for Palestinian rights, particularly self-determination.
• Consider suspending the EU-Israel Association Agreement and reassess all bilateral agreements conditioned on respect for human rights and international law.
• Provide legal and technical assistance to Palestinian communities and institutions in documenting and defending land ownership, especially in Area C.
• Uphold the Palestinian Government’s administrative and legal authority over land in the occupied territory and reject Israeli efforts to override or delegitimize its land records.
• Take immediate concrete measures to halt Israel’s ongoing annexation and colonization policies in the occupied Palestinian Territory which undermine the viability of the two-state solution.