The approval of this law in the Knesset would inflict severe harm on the Antiquities Authority in Israel, undermine the freedom and status of academic research in Israel, and constitute legislative annexation of the West Bank.
On Wednesday, November 27, 2024, the Knesset’s Education, Culture, and Sports Committee will discuss an amendment to the Israel Antiquities Authority Law—Authority of the Antiquities Authority in Judea and Samaria, 2023, proposed by Likud MK Amit Halevy. This amendment seeks to transfer responsibility for antiquities sites in the West Bank from the Civil Administration to the Israel Antiquities Authority (IAA). Currently, the Civil Administration holds this responsibility, with its Archaeology Unit (staffed by the Archaeology Officer) overseeing excavations, preservation, and prevention of damage to archaeological sites.
1. The IAA’s Involvement in Construction in the West Bank
The West Bank is home to thousands of archaeological sites scattered across Palestinian villages and towns. Extending the authority of the Israel Antiquities Authority to these areas would mean involvement in virtually all construction and development work in Area C of the West Bank.
The IAA would be required to monitor and enforce the prevention of antiquities damage caused by both settlers and Palestinians, approve almost every construction or infrastructure plan (since most are located near archaeological sites), and attempt to operate within the framework of military governance—despite being a civilian professional body.
2. Erosion of the IAA’s Professional Reputation
Shifting responsibility for archaeological excavations to a statutory Israeli body like the IAA would permanently associate its researchers and archaeologists with the settlement enterprise and Israeli military governance in the West Bank.
This shift would severely damage the international standing of Israeli researchers working for the IAA, tarnish the professional reputation of the IAA as the body responsible for preserving Israel’s antiquities, and impact the broader field of Israeli academia.
Archaeological research often involves collaboration with experts from various disciplines, including chemistry, botany, biology, and geography. This law would stigmatize Israeli researchers and their work, aligning them with the settlement enterprise and military rule in the occupied territories.
3. The Law’s Inconsistency with Claims of Jewish Heritage Preservation
The bill’s explanatory notes argue that the law is necessary to protect Jewish heritage and that the Palestinian Authority lacks any historical connection to antiquities. However, even under the current system, a Civil Administration unit (the Archaeology Officer) already oversees the preservation of antiquities in the West Bank.
Moreover, the region’s archaeological record reflects thousands of years of history, including remains from various periods—Jewish, Muslim, Christian, and others. Antiquities in the area are part of the shared heritage of all people who have lived in the region, not just one group.
4. Legislative Annexation
Because Israeli law does not currently apply to the West Bank, legal activities in the area are governed by military orders issued by the commander of the Central Command. A decision by the Knesset to legislate this law represents a judicial overhaul of the legal framework in the West Bank and constitutes annexation by legislation.
Previous Israeli governments have deliberately avoided applying Israeli law to the West Bank to maintain the current legal status. Changing this legal framework would constitute de-facto annexation and severely harm Israel’s international standing.
5. Violations of International Law
It is important to remember that international law explicitly addresses the issue of archaeology in occupied territories. It prohibits the occupying power from conducting archaeological activities unless they directly serve the needs of the local population—in this case, the Palestinian residents.
Transferring authority to the Israel Antiquities Authority would turn it into a blatant and unequivocal violator of international law, further politicizing Israel’s central archaeological research institution.