step towards complete regulation, namely, applying Israeli sovereignty over
Judea and Samaria [Israeli name for the West Bank].”28 This law retroactively
legalized any colonial outposts built on private Palestinian land under Israeli
law, effectively allowing the illegal expropriation of private Palestinian land
and cementing colonization within the Israeli legal system.
The de facto confiscation of land by non-state actors and posterior legalization
is a way for Israel to gain control over privately-owned lands without infringing
upon its own laws. Since Israel cannot always confiscate private Palestinian
lands through legislation alone, it allows non-state actors to do so despite
being a violation of Israeli laws. The ongoing impunity enjoyed by JewishIsraeli colonizers hinders the possibility of prosecuting them and since Israel
itself has no direct role in the confiscation, it is exempt from any liability. This
mechanism, therefore, allows for regular unlawful confiscations of Palestinian
property that go unchallenged. Once the land is under their permanent
control, Israel legalizes the situation and acquires the property through de
jure confiscation. This process must be distinguished from privatization,
which is the transfer of ownership of confiscated lands or properties from
the Israeli government to private individuals or companies.
28 Carey and Emanuella Grinburg, “Israel’s Parliament Passes West Bank Outposts Bill,” CNN, 7 February
2017, available at: http://edition.cnn.com/2017/02/06/middleeast/israel-knesset-west-bankoutposts-bill/ [accessed 19 September 2017].
15
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