Israelis moving and living in EGL/J&S do so of their own free will. The government does not “deport or transfer its own civilians” to EGL. The “territory” in question, Judea and Samaria, was settled by Jews long before the Jordanians occupied the area and evicted the Jews. As such, Jews were part of the indigenous population before being illegally evicted in 1949. Returning to the region is in keeping with Article 49’s goal above stating “Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.“ Additionally, this territory was never a distinct country, but part and parcel of the Mandate of Palestine which specifically called for “establishment in Palestine of a national home for the Jewish people.” As such, Jews moving to Judea and Samaria is part of the ongoing provision established internationally in 1922.
The Hague Regulations
Another law that people contend relates to Israel’s administration of EGL/West Bank is Article 55 of the Hague Regulations:
“Art. 55. The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.”
This rule clearly affirms Israel’s role as administrator for public lands. The Hague regulations – and this provision in particular – deal with situations that are temporary in nature, and are impractical for those that last for decades. To wit, the Arab population in the West Bank has grown four times since 1967, in one of the largest population increases on the planet. New infrastructure was established to accommodate the growth in the region, and Israel authorized these new homes, roads and other infrastructure, thereby necessitating a change to public lands.
In terms of minimizing the changes to public lands, it is unclear whether the role of Israel is to maintain a status quo according to the laws of Jordan, which illegally seized and annexed the area, or to administer the region according to British laws which had an international mandate before the Jordanians took control.
The Jordanians took this area in an offensive war against Israel in 1948-9 The Jordanian annexation in 1950 was never recognized by the United Nations The area in question was part of the internationally approved British Mandate of Palestine (from 1922-1948).
Therefore, to comply with Article 55 above, which rules were appropriate for Israel to maintain: the illegal occupying Jordanian laws of 1949-1967 or those accorded in international law in the British Mandate 1922-1948?
If the British laws regarding property were to be maintained, then those laws state that no person should be forbidden to live in any part of the entirety of the Mandate (including Gaza, Israel and the West Bank) on the basis of religion, per Article 15 of that 1922 Mandate:
“The Mandatory shall see that complete freedom of conscience and the free exercise of all forms of worship, subject only to the maintenance of public order and morals, are ensured to all. No discrimination of any kind shall be made between the inhabitants of Palestine on the ground of race, religion or language. No person shall be excluded from Palestine on the sole ground of his religious belief.”
As it relates to the use of public lands (which is the focus of Article 55 of the Hague Regulations), the British Mandate clearly states that public land is to be used for Jewish settlement:
“The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in co-operation with the Jewish agency referred to in Article 4, close settlement by Jews on the land, including State lands and waste lands not required for public purposes.”