Infrastructure for Annexation
On 31/10/24 the government decided to build two Israeli power plants and to allocate 2,000 dunams of solar photovoltaic (PV) projects in the Occupied Territories.
The decision was part of the “Economic Plan for 2025 – Structural Changes” (also known as “The Arrangement Law“), which contains a series of government programs and reforms that are submitted for approval along with the state budget. Some of the plans in the Arrangements Law require legislative amendments and will be brought to the Knesset for approval along with the budget proposal, while the rest of the plans came into effect as a government decision on 31/10/24.
The decision to establish power plants and PV projects in the Occupied Territories was included in the chapter entitled “Promoting the Energy Security of the Israeli Electricity Sector” which primarily discusses measures to boost electricity production within Israel.
The plan aims to utilize Palestinian territories to supply electricity to Israel, thereby increasing Israel’s reliance on infrastructure that will be developed specifically in the West Bank. At the same time, the establishment of energy projects in the West Bank will increase Palestinian dependence on Israel.
Peace Now: The government is pursuing an “energy annexation” strategy aimed at increasing Israel’s reliance on infrastructure in the West Bank while deepening Palestinian dependence on Israel.The power plants are not intended to benefit the Palestinian population; instead, they will serve Israel, the sole beneficiary. This amounts to the exploitation of occupied territory for the benefit of the occupying power, a clear violation of international law. Amid the ongoing war and decisions ostensibly focused on the budget, the government is promoting the annexation of the West Bank and undermining Israel’s interests in a future of peace with Palestinian independence alongside Israeli sovereignty.
1. Construction of at least two power plants in the West Bank
The government has decided the following:
“6. To instruct the minister in the Ministry of Defense to direct the Civil Administration in Judea and Samaria to promote the allocation of licenses for the production of electricity by the private sector through two conventional power plants, with a total capacity of not less than 1,300 megawatts… The tender (or the tenders) may have a larger amount of land than is needed for the two plants as mentioned, for the purpose of planning for future construction of conventional power plants…”.
The government intends to build two new power plants in the first phase, with an option to plan additional power plants in the West Bank. For this purpose, Israel will allow the construction of a pipeline to transport natural gas from the gas reservoirs in the Mediterranean Sea to the West Bank for the purpose of operating the new power plants.
To establish a power plant, entrepreneurs are required to meet three main conditions: 1. Ownership of the land; 2. Approval of a construction plan; 3. A license to produce electricity. The resolution states that the Civil Administration will advance the three stages for the establishment of two power plants that will receive a license. The decision also states that at the discretion of Energy Staff Officer, it will be possible to advance tenders (which will grant entrepreneurs rights to the land and allow the advancement of construction plans) for additional power plants, for which licenses will be granted in the future. In order to implement the decision, it is expected that tenders will be published that will offer private entrepreneurs the rights to plan and build the power plants and produce the electricity.
About a month ago, “Israel Today” has reported that seven potential locations for the power plants in the West Bank are being examined: Jabal Almuktam west of Ramallah (adjacent to the village of Beit Lakia); the planned industrial area Bustani Hefetz near Tulkarm; The planned industrial area Nahal Raba south of Qalqilia near the village of A-Zawiya; Tarkomia area west of Hebron; Nabi Musa area south of Jericho; and the Mechola area (in the north of the Jordan Valley). All the locations are relatively close to the Green Line.
Potential locations for Israeli Power Plants, according to Israel Hayom newspaper, 13/10/24
Who is the electricity for?
Nearly all of the electricity used by Palestinians in the West Bank is produced in Israel, and the Palestinian Authority purchases it from Israel. Furthermore, Israel takes advantage of Palestinian dependence by selling the electricity to the Palestinian Authority at high rates comparable to those charged to domestic consumers.
The consumption of the Palestinians constitutes about 10% of the total electricity produced by Israel (according to the legal opinion attached to the Law of Arrangements). In recent years, efforts have been made by the Palestinian Authority to establish a Palestinian power plant in the Jenin area, and in 2017 they even succeeded in obtaining the approval of the Israeli government for this, but to date the power plant has not yet been built. Such a power plant would save the Palestinian Authority millions in the electricity prices it is forced to pay to Israel and help develop jobs and economic independence (according to estimates, the prices the PA pays Israel for electricity are four times higher than what it would cost to produce the electricity domestically).
However, the Israeli government’s decision is to build in the West Bank two Israeli power plants that will be operated by Israeli operators. Part of the electricity produced in the new power plants will be sold to the Palestinians, while a significant portion is intended for use by Israel and the settlers.
International law
International law prohibits an occupying power from exploiting the resources of an occupied territory for its own interests, except for security-related purposes. It also mandates that the resources of the occupied territory be used solely for the benefit of the protected population. The plan to build power plants and solar facilities in the occupied territories for Israel’s electric sector violates international law.
Despite this, legal advisors from the Ministry of Defense have found a way to justify the proposal. According to the opinion of the Ministry’s legal advisor, which was attached to the draft Arrangement Law, since the vast majority of the electricity used by Palestinians comes from Israel, the development of the Israeli electricity sector is seen as “a clear interest of the Region [meaning the Palestinians, PN] to ensure that they can purchase electricity in the amounts needed for the Region.”
The legal opinion further explains that the electricity produced in the power plants to be built in the West Bank will be used by Israel only in the interim period until Palestinian electricity consumption increases significantly so that all the electricity produced in the power plants will be sold to the Palestinians.
Finally, the legal opinion claims that the Palestinians will benefit from the establishment of the power plants even when they generate electricity for Israel, because their establishment will result in lower electricity rates for the Palestinians as well, because of the competition that will be created between the power plants.
It should be noted that in the decision of the International Court of Justice from July, it was determined that
“The duty of distinguishing dealings with Israel between its own territory and the Occupied Palestinian Territory encompasses, inter alia, the obligation to abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory or parts thereof which may entrench its unlawful presence in the territory”.
Establishing power plants in the West Bank and integrating the electricity they produce into Israel’s grid makes it difficult for the international community to distinguish between Israel and the occupied territories in the context of energy projects. This could lead to international entities divesting from any Israeli energy projects.
Allocation of 2,000 dunams in the West Bank to entrepreneurs for the establishment of solar photovoltaic (PV) projects:
The government has decided the following:
“4. To instruct the minister in the Ministry of Defense to direct the Civil Administration in Judea and Samaria to promote, within a year from this decision, a tender for the allocation of land that has been identified as suitable for this, for the benefit of planning and building solar energy facilities (which may be combined with storage facilities) by the private sector in area C in the scope of 2,000 dunams, as well as to grant licenses to produce electricity in Judea and Samaria in the scope suitable for this […]”.
The government intends to allow Israeli settlers and entrepreneurs to set up solar PV fields on a vast area of 2,000 dunams (larger than a small city like Kiryat Bialik or Kochav Yair) in the West Bank. These areas do not need to be concentrated in one large solar field and may be spread out over several smaller areas in the West Bank. It should be noted that as of today, according to Kerem Navot data, there are solar fields in the settlements over about 925 dunams, most of them in the Jordan Valley (in addition to solar panels that are installed on the roofs of structures).
The ability of the Palestinian Authority to establish solar fields that will satisfy the Palestinian electricity needs is very limited: first, Israel controls 60% of the land (area C) where permits, licenses and allocations are required from the Israeli authorities, while the Israeli policy is not to grant any permits to the Palestinians. However, even in area B and A where the Palestinians have partial control, the ability to generate electricity is limited to the local level only. The electricity grid in the West Bank is an Israeli grid that is managed by Israel and used by Israel, and in order to transfer electricity between areas in the West Bank, the Palestinians depend on a connection to the Israeli grid. Therefore, the few Palestinian solar fields that exist in the West Bank provide electricity only at a local level.
As mentioned, Israel takes advantage of the Palestinian dependence on Israeli electricity, selling it at a high price. Israel is now seeking to increase the land utilization of the Occupied Territory to generate electricity for the occupying power, which is something that is expressly prohibited by international law.
For the wording of the government’s decision (in Hebrew) – see here
For additional decisions within the Settlements Law concerning settlements – see here.
Israeli company erecting an electricity pole near Hebron