This is the central question of a Briefing Paper that thinc. released on 25 June 2020. In the Paper, the authors, Prof. Gregory Rose, Dr. Cynthia Day Wallace, Dr. Matthijs de Blois and Mr. Andrew Tucker examine the question vis-a-vis four different principles of international law, and arrive at a clear and decisive conclusion.
There is a lot of controversy in Israel (and worldwide) about this. The European Commission and many others refer to Israel’s plans as “annexation” that would constitute a violation of international law. In a recent Open Letter to the government of the State of Israel, a group of international lawyers stated that “such an action would constitute a flagrant violation of bedrock rules of international law, and would also pose a serious threat to international stability in a volatile region.”
The authors have examined the question whether Israel’s actions amount to “annexation” in breach of international law. They have carried out a study of the relevant literature and interviewed a number of leading international law academics and practitioners. Their conclusion is that, contrary to the European Commission and Open Letter views, Israel’s proposed actions would not infringe international law. In other words, such actions would not qualify as “illegal annexation” of territory.
Click here to read the Briefing Paper.