Israeli Prime Minister Benjamin Netanyahu has ordered a comprehensive review of a controversial Antiquities Authority bill for the West Bank and Gaza Strip, and instructed Cabinet Secretary Yossi Fuchs to look for “alternatives” to the draft law, which is now being debated by the Knesset Education Committee, after security and professional bodies warned of “serious international damage.”
Hebrew media outlets quoted Israeli sources on Tuesday as saying Netanyahu was effectively obstructing the bill because it threatens Israel’s foreign relations, making the chances of passing any version of it before the current Knesset is dissolved “slim.”
Netanyahu’s position followed warnings from legal and security officials against the law, which establishes a “civil heritage authority” in the West Bank and Gaza Strip.
The Knesset plenum approved the bill in its first reading this month. The legislation would give the Antiquities Authority, once established, absolute authority over archaeological sites in the occupied West Bank. The scope was later expanded to include the Gaza Strip.
Palestinian antiquities under an Israeli minister
The bill, submitted by Likud lawmaker Amit Halevi, whose party is led by Netanyahu, calls for establishing an “Antiquities Authority” under the responsibility of Israel’s “heritage minister.”
It would be “fully responsible for handling all heritage and antiquities affairs in the area,” with powers including land confiscation, archaeological excavations and their management, and law enforcement. The powers of the “archaeology officer” in the army’s Civil Administration would be transferred to it.
The Knesset Education and Culture Committee is discussing the bill to draft its final version and submit it for a second and third reading. During that process, disputes emerged and Netanyahu intervened.
A representative of Israel’s National Security Council confirmed on Tuesday that Netanyahu “authorized the Cabinet secretary to examine the matter and submit the findings to him.”
A representative of Israel’s Foreign Ministry who attended the Knesset Education Committee on Tuesday also confirmed this, telling members that “the prime minister authorized the Cabinet secretary, and alternative options to the law are currently being examined.”
Asked about the Foreign Ministry’s position, he said: “It is too early to express a position.”
Netanyahu’s stance confused the proposal’s supporters and those who had pushed for it.
Education Committee Chairman Zvi Sukkot said that the law was getting promoted in the committee.
‘A violation of law’
Tami Sela, the legal adviser to the Knesset Education Committee, submitted a legal opinion stating that the bill violates international law, raises legal difficulties, and could be interpreted as creeping annexation.
“This is an unusual proposal and an unprecedented one, as an Israeli civil authority that is not part of the Israeli military would be granted powers in Palestinian territories and over their residents,” she said.
“In addition, the proposed law contradicts the Oslo Accords and constitutes a violation of the rules of international law.”
Sela noted that military authority in the West Bank is considered temporary, and that “passing this law could strengthen claims of a gradual annexation process.”
In addition to Sela, security officials opposed the law. The Israeli army said it “would harm the standing of military and security officials, and would be viewed internationally as a step involving de facto annexation.”
The Israel Academy of Sciences and Humanities also appealed to Netanyahu to prevent the law from passing.
According to the Academy, the passage of the law will be viewed in political and academic circles as the annexation of Judea and Samaria.
This will undoubtedly lead to an immediate deterioration in Israel’s international relations in the field of archaeology and will also affect other areas of science and research.
The council of the Israel Antiquities Authority submitted a similar position paper, warning that “the bill could cause significant damage to academic relations with international bodies.”
It said the legislation “will be interpreted as a violation of international law, and will severely harm Israeli archaeologists’ membership in international organizations and research cooperation, including important excavation projects in the country.”
Israeli media outlets, including The Times of Israel, said the antiquities bill will most likely not be brought to a final vote in the plenum before the Knesset is dissolved.
The Times of Israel said the Knesset plenum convened on Tuesday with no bills on its agenda.
The coalition currently cannot rely on the support of the ultra-Orthodox parties in the Knesset, which led the campaign to dissolve the Knesset, to back its legislation.
This is the first time the Knesset has attempted to give a civil authority powers over Palestinian Authority territory and its residents.
It comes as the Israeli government has pushed a series of laws that would weaken and dismantle the Palestinian Authority and expand Israeli powers in the West Bank.
Smotrich enters Solomon’s Pools
Ignoring Netanyahu and the criticism, Israeli Finance Minister Bezalel Smotrich entered the archaeological area of Solomon’s Pools in Bethlehem on Monday and vowed to take control of it.
Speaking from the site, Smotrich said: “Transferring these pools and this heritage achievement to the terrorist Palestinians was a mistake. It should not have been transferred to Area A for them to desecrate. We will restore the area. I have taken it upon myself to rebuild these pools and open them to visitors. This is a historic matter and a matter of Zionist heritage. We will succeed, God willing, and we will achieve this important goal.”
Solomon’s Pools are among the most important historical, archaeological, and water landmarks in Palestine. They are located southwest of Bethlehem and consist of three very large heritage pools.
The Palestinian Ministry of Awqaf and Religious Affairs condemned Smotrich’s move, stressing that the area is “purely Islamic endowment property.”
“This incursion represents a blatant attack on endowment properties, and a desperate attempt to impose a new colonial reality and falsify the historical and Islamic identity of the area,” it said.
The ministry called on the international community, rights institutions, and UNESCO to intervene immediately to stop what it called this arrogance.
