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WORLD NEWS Friday 31 January 2020
Israel's path to annexation is lined with legal thorns
By JOSEPH KRAUSS Israel has strenuously ob- unable to form a majority
Associated Press jected to any probe, say- coalition. Israelis will head
JERUSALEM (AP) — Israel ing the Palestinians do not to the polls again in March,
has vowed to quickly an- meet the court's criteria but even that may not
nex large parts of the oc- of statehood and the dis- break the gridlock.
cupied West Bank after pute over the settlements A transitional government
getting a green light from must be resolved through has the same formal pow-
President Donald Trump, peace negotiations. The ers as a permanent one,
whose newly unveiled Mid- Trump plan, by defining a but the Supreme Court has
east initiative heavily favors future Palestinian state and long urged restraint, saying
Israel and has been reject- siding with Israel on the set- such a government should
ed by the Palestinians. tlements, could undermine not take major decisions
But the move raises com- that defense. unless absolutely neces-
plex legal questions, both in Israel is not a member of sary. That would support
terms of international law, the court and does not the argument for delaying
which forbids the annexa- This Jan. 28, 2020 file photo shows a view of the Jewish West recognize its jurisdiction, annexation.
tion of war-won territory, Bank settlement of Ari'el. but Israeli officials could be But the Trump plan enjoys
and inside Israel, which Associated Press subject to international ar- wide support in Israel, in-
has not had a permanent rest warrants if indicted. cluding among all the ma-
government in more than concerns around annexa- crime, but chief prosecutor ___ jor parties in the Knesset.
a year. Those issues, and tion. Fatou Bensouda said Israel ISRAEL'S POLITICAL LIMBO In making the case for ur-
an apparent push by the ___ may have violated interna- Israel has had a caretaker gency, Netanyahu says Is-
Trump administration for Is- INTERNATIONAL LAW tional laws against transfer- government for more than rael has a rare opportunity
rael to proceed carefully, International law forbids the ring civilians into occupied a year after back-to-back from the greatest friend it
could delay any formal an- annexation of war-won ter- territory — a reference to elections left Netanyahu has ever had in the White
nexation. ritory. Israel argues that the Jewish settlements. and his main opponent House.q
Israel captured east Jeru- West Bank is a special case
salem, the West Bank and because it was never part
the Gaza Strip in the 1967 of a Palestinian state. Israel,
war, lands the Palestinians the West Bank and Gaza
want for a future state. were all part of the British-
Most of the international ruled Palestine Mandate,
community supports a two- and Britain had promised a
state solution based on the national home for the Jew-
1967 boundaries. ish people there, without
The Trump plan would give specifying its boundaries.
the Palestinians limited self- On that basis, Israel says it
rule in Gaza, parts of the has the right to extend sov-
West Bank and sparsely ereignty over the territories
populated areas of Israel, with a simple Cabinet vote,
with a capital on the out- a position backed by the
skirts of Jerusalem. In return, Trump administration.
Israel would be allowed to Most of the international
annex all of its West Bank community rejects that in-
settlements, which much of terpretation, and views an-
the international commu- nexed east Jerusalem and
nity views as illegal. the West Bank as occupied
Prime Minister Benjamin Ne- territory because they were
tanyahu had planned to seized in war.
bring annexation to a vote Amichai Cohen, a legal ex-
as soon as Sunday, but that pert at the Israel Democra-
was postponed, with one cy Institute, a non-partisan
government minister saying think tank, said Israel's legal
the plan would first need to claim is "simply a way to try
be submitted to the attor- to avoid a confrontation
ney general. with the international com-
U.S. officials have said a munity. Annexation has
joint Israeli-U.S. committee a negative aura to it be-
would need to be formed cause it's illegal to annex
to implement the extension territory," he said.
of Israeli sovereignty over ___
parts of the West Bank. THE INTERNATIONAL CRIMI-
Jared Kushner, Trump's son- NAL COURT
in-law and the architect The International Crimi-
of the plan, told GZERO nal Court said last year it
Media the administration was prepared to open a
hopes Israel waits until it probe into alleged war
has a permanent govern- crimes committed in the
ment after March 2 elec- occupied territories pend-
tions — the third in less than ing a ruling on jurisdiction.
a year. The ICC is not authorized to
Here is a look at the legal prosecute annexation as a