On July 18, 2024, the Commander of the Central Command signed two orders granting Israel enforcement, planning, and building authorities in territories transferred under the Oslo Accords to the Palestinian Authority. According to the orders, an Israeli official appointed by the government (the Civilian Deputy to the Minister of Civil Administration, under Minister Smotrich) can now instruct the demolition of Palestinian structures in the “Agreed-Upon Reserve” in the West Bank. The “Agreed-Upon Reserve” encompasses approximately 167,000 dunams (about 41,300 acres), constituting around 3% of the West Bank. According to the Wye Agreement between Israel and the PLO from 1998, planning and building enforcement in these areas were designated to the Palestinian Authority. However, the Authority was obliged under the agreement to refrain from construction in those lands.
Peace Now: There is no end to the desire for control and annexation by the settler government. The Israeli government is taking upon itself authorities that Netanyahu himself transferred to the Palestinians under the Wye Agreement in 1998. There is no Israeli interest in demolishing Palestinian homes in Area B, which will only harm Israel’s security and international standing, but it solely serves the interests of messianic settlers.
It should be noted that the “Agreed-Upon Reserve” is not a genuine nature reserve. It is an Israeli invention born out of the Wye Agreement, where Netanyahu sought to prevent the implementation of agreements signed with the Palestinians and to avoid transferring authority to them in these territories. Therefore, they were defined as “reserves” so that the territories would be transferred to Palestinians but with a prohibition on Palestinian construction. However, they do not constitute an actual reserve.
What is the “Agreed-Upon Reserve”?
According to the Interim Agreement between Israel and the PLO in 1995, Israel committed to transferring civil authorities in extensive areas of the West Bank to the Palestinian Authority. These areas are known as Areas A and B. The transfer of authorities was done in stages (“redepolyments”) during which Israel transferred various territories to the Palestinians. However, Prime Minister Netanyahu, elected in 1996 after Prime Minister Rabin was assassinated, did not fulfill Israel’s commitments and reopened negotiations on issues that had already been agreed upon, including the issue of the implementing of the redeployments for transferring authorities. In the negotiations between Netanyahu and Arafat at Wye Plantation in 1998, a formula was found that allowed Netanyahu to transfer the territories to the Palestinian Authority but simultaneously prevented them from using these territories. The sides agreed that the territory transferred to the Palestinians in the next redeployment would be defined as Green Areas, (now referred to by Israel as “Agreed-Upon reserves”) in which according to the agreement Palestinians would have planning and building authorities, but would be prohibited from building them.
It should be noted that the division of the West Bank territories between Israel and the Palestinians under the Oslo Accords (which were supposed to be temporary until the signing of a permanent agreement in 1999) was such that approximately 18% of the West Bank was defined as Area A – under Palestinian civil and security authority; approximately 22% was defined as Area B, under Palestinian civil authority, parts of which were defined as Green Areas (which consist c. 3% of the West Bank). The remaining approximately 60% of the West Bank territories were defined as Area C – under full Israeli authority.
What was supposed to be a temporary arrangement until the signing of a permanent agreement, turned into a permanent situation. The Palestinian Authority was left with authorities to plan and build in less than 40% of the West Bank territories. In all other areas (Area C) – Israel imposed an almost complete ban on any Palestinian construction. In addition to the construction ban, the government also operates the demolition of Palestinian buildings, and in recent years, through agricultural farms, also forcibly expels Palestinians from lands in Area C.
The Signed Orders
In recent years, settlers have exerted significant pressure on the government to begin demolishing Palestinian buildings even in Areas A and B. At a meeting in the Knesset Foreign Affairs and Defense Committee’s subcommittee a year ago, on July 19, 2023, Minister Smotrich spoke about the intention and desire to start demolishing Palestinian homes also in Areas A and B. The key to this, said Smotrich, is to define Palestinian construction as a strategic threat to Israel’s “national security” and thus act, for security reasons, to demolish also in territories under Palestinian authority.
According to reports in the media, at a cabinet meeting about a month ago, ministers decided that Israel would begin enforcing planning and building laws and archaeological laws in Area B. Since the text of the cabinet decision itself has not been published, we have no further details about the decision, but the signing of the orders today indicates its intentions.
The Commander of the Central Command signed two orders. One order, “Amendment to the Directive Regarding Implementation of the Interim Agreement,” grants Israel the authority to operate in the “Agreed-Upon Reserve.” The second order, “Directive Regarding Restriction of Construction in the Agreed-Upon Reserve,” is a law that prohibits construction in the those lands and establishes the conditions and authorities for its demolition by Israeli authorities. The order effectively states that any construction done in these territories is not lawful (unless it existed before the 1998 Wye Agreement). It should be noted that the authority and responsibility for enforcing the new law are not in the hands of the IDF but in the hands of a civilian official subordinate to Minister Smotrich – the “Civilian Deputy” of the head of the Civil Administration.
To read the amendment to the directive regarding implementation of the interim agreement – click here.
To read the directive regarding restriction of construction in the Agreed-Upon Reserve – click here.
The Excuse: “Nature Preservation”
One of the arguments made by settlers against Palestinian construction in these Areas is that it harms important natural values. However, this claim is full of hypocrisy. First, as mentioned, the Agreed-Upon Reserve is called “Green Area” by virtue of the agreement. The territory determined by professionals who found that it indeed holds worthy natural values deserving protection, and its precise boundaries were not set. Moreover, at the same cabinet meeting a month ago, where it was decided to start demolishing Palestinian homes in the Agreed-Upon Reserve, it was also decided to establish a new settlement on the lands of Battir village (Nahal Heletz settlement). This settlement is intended to be established in the heart of a site declared by UNESCO as a world heritage site in danger. Thus, it is difficult to argue that nature preservation is at the forefront of the cabinet ministers’ priorities. Lastly, there are many cases in which settlements harm real nature reserves, but authorities are not eager to address them. In 2007, Peace Now published a report on settlements and outposts encroaching on nature reserves.