On 9 June 2020 the Israeli Supreme Court struck down a law passed in 2017 that provided for the expropriation of private Palestinian land in the occupied West Bank. The ruling, HCJ 1308/17, Silwad Municipality, et al. v. The Knesset, et. al (petition accepted 9 June 2020) (joined by the court with HCJ 2055/17, The Head of Ein Yabrud Village v. The Knesset ), held that the law disproportionately violates Palestinians’ rights to property, equality and dignity.
While a welcome relief against a particularly offensive law that would justify further expropriation of Palestinian land, the judgment is made on a narrow basis that fails to recognise either the underlying illegality of settlements or to be clear on the inappropriateness of the Israeli state passing and reviewing legislation to apply to the occupied West Bank. Before addressing the judgment and its limitations in more detail, a brief history of the Regularisation Law will be provided. [Read more…]