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In the six months since its establishment, Israel’s 37th government has been trying to promote a set of legislative measures whose stated purpose is to weaken the judiciary and impair its ability to inspect and review the decisions of the executive branch. The proposed bills seek to alter the balance of power between the executive and judicial branches in such a fundamental way as to actually change the regime in the State of Israel. In parallel, the government has taken a series of steps with regard to its control of the West Bank, such as appointments, transfers of powers, administrative directives, and budget allocations that amount to changing the system of government enforced in the Occupied Palestinian Territories (OPT). These steps, which structurally, deliberately, and declaratively entrench Israel’s grip on the West Bank and the use of apartheid-like practices benefiting the Jews living in the OPT at the expense of the Palestinians, are based on the first clause in the government’s basic guidelines, whereby “the Jewish people possess an exclusive and inalienable right to all parts of the Land of Israel. The government shall promote and develop Jewish settlement in all parts of the Land of Israel in the Galilee, the Negev, the Golan, Judea, and Samaria.”
These two moves, “the judicial reform” and the steps to deepen control and Jewish settlement in the West Bank, allow the government to expand the powers of the State of Israel and its proxies in the OPT, and concurrently reduce their responsibility for safeguarding the rights of the Palestinians in an unbridled and unbalanced manner. This outcome contradicts a fundamental principle in international law whereby control comes with responsibility.
It has already been said by others that all these moves are intended to fashion a Jewish supremacy regime in the area controlled by Israel spanning from the Mediterranean Sea to the Jordan River. The purpose of this paper is to elaborate on the two-fold process of rule expansion and abdication of responsibility across several facets and to ascertain its repercussions on the status of the OPT and the rights of the Palestinians.