Alerts

Sovereignty in the West Bank Areas of Judea and
Samaria: Historical and Legal Milestones that
Make the Case

Persistent Palestinian refusal to negotiate leaves Israel no option but to act unilaterally to protect its vital interests.
Share this
Participants in the San Remo Conference
Participants in the San Remo Conference after adoption of the April 25, 1920 resolution, which incorporated the Balfour Declaration of 1917. Pictured from left to right: Japan’s Ambassador Keishiro Matsui, British Prime Minister Lloyd George, British Secretary of State Lord Curzon, French diplomat Philippe Berthelot, French President Alexandre Millerand, Italian Vittorio Scialoja, and Italian Prime Minister Francesco Saverio Nitti. (Wikipedia)

Table of Contents

The subject of the rights of the Jewish People and the State of Israel under international law, in the West Bank areas of Judea and Samaria, involves a complex and extensive web of historical, legal, military, and political issues.

The Jewish People Have Historical Claims in Judea and Samaria

Israel’s claims to sovereignty regarding the West Bank areas of Judea and Samaria did not originate with Israel’s attaining control of the area following the 1967 Six-Day War.

Israel’s rights are based on the indigenous and historical claims of the Jewish people in the area as a whole, virtually from time immemorial.

Israel’s international legal rights were acknowledged in 1917 by the Balfour Declaration’s promise to the Jews to reestablish their historical national home in Palestine. These rights are based on clear historical, archeological, and Biblical evidence.

The Balfour Declaration was subsequently recognized internationally and encapsulated into international law through a series of international instruments commencing with the 1920 San Remo Declaration by the Supreme Council of the Principal Allied Powers, followed by the 1922 League of Nations Mandate for Palestine.

The continued validity of these foundational legal rights was also assured under Article 80 of the United Nations Charter.

These Areas Cannot Formally Be Defined as Occupied Territories

During the 1967 Six-Day War, in which Egypt, Syria, and Jordan offensively invaded Israel in a combined military action, Israel attained control of the areas of Gaza, the Golan, Judea and Samaria, and established a military administration to govern the local population pursuant to the accepted norms and requirements of international law.

UN Security Council resolution 242 (1967) called for a negotiated solution to the conflict.

Since neither Jordan nor Egypt had acquired recognized sovereign powers in the areas, they could not be formally defined as occupied territories, and Israel committed itself to act in accordance with the relevant norms of international law, pending a negotiated settlement. This was done without officially acknowledging the formal applicability of the Fourth Geneva Convention to the areas.

The Oslo Accords Established an Agreed Interim Territorial Arrangement

The 1993-1995 Oslo Accords between Israel and the PLO, signed and witnessed by leading powers and endorsed by the UN, established a unique and agreed interim territorial arrangement to govern the West Bank and Gaza areas, between a Palestinian Authority, established for that purpose, and Israel.

In the Accords, it was agreed that issues such as settlements, borders, Jerusalem, refugees, water, and security would be negotiated in permanent status negotiations. 

Pending completion of such negotiations, it was agreed that the areas would be divided such that a Palestinian Authority would govern the major towns and villages (areas A and B), and Israel would govern the area in which Israeli military installations and settlements were located (area C).

The Oslo Accords did not specify the outcome of the permanent status negotiations—whether one state, two states, a federation, confederation, or otherwise. Any agreed solution will only emanate from negotiations between the Palestinian leadership and Israel.

This cannot be imposed unilaterally by U.N. resolutions, or by any international forum or individual leaders. States and organizations advocating a “two-state solution” are, in fact, preempting the outcome of the negotiations that have yet to take place.

Persistent Palestinian Refusal to Negotiate Leaves Israel No Option but to Act Unilaterally to Protect Its Rights

While Israel’s prior, well-established, and documented international, legal, political, and indigenous rights to sovereignty over the areas are clear, Israel nevertheless acknowledged in the Oslo Accords Palestinian rights in the areas, and agreed to negotiate with them the permanent status of the areas.

Persistent Palestinian refusal to return to negotiations and their rejection of peace plans to settle the dispute, cannot and should not serve to veto a settlement of the dispute.

Such ongoing refusal and rejection undermines the peace process, invalidates the Oslo Accords, and leaves Israel no option but to act unilaterally in order to protect its vital security and other interests and historical rights.

Amb. Alan Baker

Amb. Alan Baker is Director of the Institute for Contemporary Affairs at the Jerusalem Center and the head of the Global Law Forum. He participated in the negotiation and drafting of the Oslo Accords with the Palestinians, as well as agreements and peace treaties with Egypt, Jordan, and Lebanon. He served as legal adviser and deputy director-general of Israel’s Ministry of Foreign Affairs and as Israel’s ambassador to Canada.
Share this

Invest in JCFA

Subscribe to Daily Alert

The Daily Alert – Israel news digest appears every Sunday, Tuesday, and Thursday.

Related Items

Stay Informed, Always

Get the latest news, insights, and updates directly in your inbox—be the first to know!

Subscribe to Jerusalem Issue Briefs
The Daily Alert – Israel news digest appears every Sunday, Tuesday, and Thursday.

Notifications

The Jerusalem Center
The Gaza Flotilla Is a Fraud

Far from a humanitarian mission, the latest 70-vessel spectacle on its way to Gaza from Italy is a costly act of political theater @FiammaNirenste1 @JNS_org

11:28am
The Jerusalem Center
The Assassination of Abu Obeida – Why Is Hamas Remaining Silent?

Senior Israeli security officials note that such silence is not new; Hamas often delays its statements following targeted Israeli assassinations, raising questions whether this stems from attempts to verify the information or from a deliberate strategy of ambiguity https://x.com/jerusalemcenter

11:25am
The Jerusalem Center
The Impact of Radical Legal Ideology: From the Classroom to the International Forum

Massive funding of Critical Legal Studies-style academic and extracurricular programs promotes anti-Western ideas and undermines international community institutions and legal conventions https://x.com/jerusalemcenter

11:23am
The Jerusalem Center
Western Countries Focus on Iran Technicalities, Ignore Ideological Bent

The West must look beyond nuclear “offsides” and confront the core issue: a regime in decline, anchored to a dying leader, ruling over a weary population hungry for change x.com/jerusalemcenter

11:19am
The Jerusalem Center
Israel, Gaza, and the Race Against Time

The Trump proposal to create a 10-year trusteeship levels the playing field and provides an opportunity for the Egyptians to open its border with Gaza @Dan_Diker

11:15am
The Jerusalem Center
Canada investigating Israeli-Canadian IDF soldiers?
JCFA senior researcher, Amb. Alan Baker slams the probe as a “political PR stunt with no legal basis.” “This isn’t justice—it’s a betrayal. Canada is siding with PLO propaganda over facts.”
11:29am
The Jerusalem Center
What makes a child believe killing a #Jew is justified?

In PA textbooks, Jews are called liars and frauds; their fate: elimination. This is #indoctrination—not #education. But change is happening. On East to West, @IMPACT_SE CEO Marcus Sheff exposes how #UNRWA-funded schools are fueling extremism—and what real reform looks like.  Listen now on Spotify: open.spotify.com/show/2JHqh973U  Watch on YouTube: youtu.be/8OkJTGNfVUc

11:43am
The Jerusalem Center
Highlights from the @Jerusalem_Post Annual Conference in NYC:

Dr. @Dan_Diker, President of the JCFA: “October 7 wasn’t just an attack on Israel — it was a blow to the U.S. on Israeli soil. It demands moral clarity and a united front between Israel and the U.S. to defeat jihadist terror.”

2:20pm
The Jerusalem Center
@XAVIAERD says it like it is

Well, @XAVIAERD says it like it is: If you’re part of “#Queers for #Palestine,” he’ll pay for your flight to #Gaza. Go see for yourself how they treat LGBTQ+ people over there. Don’t miss this bold take on the Israel-Hamas war and the woke right.

2:32pm
The Jerusalem Center
“This isn’t Israel vs. Hamas — it’s the frontline of the free world.”

“This isn’t Israel vs. Hamas — it’s the frontline of the free world.” On Our Middle East by @JNS_org, @Dan_Diker@KhaledAbuToameh (JCFA/@GatestoneInst) break it down: If Hamas isn’t crushed, Iran wins. The jihadis—from #Gaza to your campus—get the green light. Diker: “This war is for the West.” No fluff. No filters. Just raw insight from two insiders who actually know what’s going on.  Watch: youtu.be/4Aq_zcbb4Yo

2:15pm
The Jerusalem Center
5/5 Lt. Col. Kalo on East to West with @smartinezamir:

“This operation showcases Israel’s strategic intelligence superiority both regionally and globally. It demonstrates the moral commitment to recovered soldiers and also strengthens Israel’s position with allies.” youtube.com/watch?v=nIvNNi

2:07pm
The Jerusalem Center
4/5 The operation built on intelligence gathered during the 2019 #Baumel recovery

#Mossad agents operated under cover in #Syria for years, visiting a graveyard multiple times under fire to collect remains for DNA matching. The intelligence community’s evolution combines technology, big data analysis, and human intelligence capabilities.

2:02pm

Close