How Does Israel Define State Land in the West Bank?
Military Order 59 of 1967, Oslo II, the 2005 opinion on unauthorized outposts and the 2012 Levy Report, in Israel’s own published words.
8 articles of Military Order 59, signed on 31 July 1967 by the Commander of IDF Forces in the West Bank Area, define Government Property by who owned it on 7 June 1967 and give a Custodian power to take possession of it. The Prime Minister’s Office published an opinion in March 2005 recording a 1979 government resolution that Israeli settlements “shall be established only on State land”, and reporting NIS 71,870,000 spent by the Ministry of Construction & Housing on unauthorized outposts from 2000 to 2004, the Ministry’s own stated figure over a partial list. The Levy Report, signed on 21 June 2012 by a commission the Prime Minister appointed, states that settlements established without a government decision were built with the tacit agreement of the most senior political level.
| Figure | What it counts | Who published it | Period |
|---|---|---|---|
| 8 | Articles in Military Order 59 as enacted | Commander of IDF Forces in the West Bank Area | Signed 31 July 1967, in force from 7 July 1967 |
| 7 June 1967 | The determining day fixing whose property becomes Government Property | Commander of IDF Forces in the West Bank Area | 1967 |
| 9 | Amendments to Order 59 listed in the primary-legislation index | Military Advocate General’s Corps | Order 116 to Order 1508 |
| NIS 71,870,000 | Ministry of Construction & Housing outlay on unauthorized outposts, the Ministry’s own figure over a partial list | Prime Minister’s Office | 2000 to 2004 |
| 51 and 8 | Area C sites designated as nature reserves and as parks, as presented to the commission | Commission to Examine the Status of Building in Judea and Samaria | Report signed 21 June 2012 |
| 18 months | Period set for the three further redeployments after the Council’s inauguration | Israel and the PLO, Oslo II | Signed 28 September 1995 |
The 2012 Levy Report recommended authorizing settlements without a new decision
The Prime Minister and the Minister of Justice appointed the Commission to Examine the Status of Building in Judea and Samaria on 13 February 2012, and its three members signed an 80-page report on 21 June 2012, released on 9 July 2012. The Levy Report states, in its Conclusions, that “from the point of view of international law, the classical laws of ‘occupation’ as set out in the relevant international conventions cannot be considered applicable” to Israel’s presence in the area, and that on that view “the establishment of settlements cannot in and of itself be considered to be illegal.” The requisition rule applied to one settlement in the 1979 Elon Moreh judgment, and the wider legal footing, sit in the Elon Moreh judgment and in the State’s role in settlements.
From the same Conclusions, quoted from the section the published PDF states is the original Israeli Government translation:
- Settlements built without a government decision were established “with the knowledge, encouragement and tacit agreement of the most senior political level”, which the commission reads as implied agreement
- Determine each settlement’s municipal jurisdiction by order, “taking into due consideration future natural growth”
- Remove “the administrative barriers imposed on the planning and zoning authorities … without any further need for additional approval by the political level”
- Pending completion, “the state is advised to refrain from carrying out demolition orders, since it brought about the present situation through its own actions”
- On its own status: “Should the government decide to adopt our recommendations, it will be necessary to implement those principles in detail.”
Order 59 vests Government Property in a Custodian in 8 articles
Military Order 59 states at Article 1 that Government Property is property which, on the determining day of 7 June 1967, belonged to an enemy state or to a body in which such a state held any right, and defines the Custodian as whoever the military commander appoints for the purpose. Article 2 is one sentence, allowing the Custodian to take possession of Government Property and to take any step he considers necessary to do so. The 1967 text carries no declaration procedure, no objection window and no appeals committee, and it has no English version: the Collection of Proclamations, Orders and Appointments prints each order in Hebrew and Arabic only, so the wording below is a working rendering. The land classes that predate the order, including mevat and miri, are set out in the Ottoman Land Code’s three-year rule.
| Article | What it provides |
|---|---|
| 1 | Defines Government Property by ownership on 7 June 1967, and the Custodian as the person the military commander appoints |
| 2 | The Custodian may take possession of Government Property and take any step he considers necessary |
| 4(2) | Payments to a partner in Government Property, where the Custodian is satisfied the partner is not an enemy |
| 5 | A transaction made in good faith with the Custodian stands even if the property is later shown not to have been Government Property |
| 6 | Ten years imprisonment or a fine of 20,000 Israeli lira, or both, for concealing or damaging Government Property or obstructing the Custodian |
| 7 | Commencement, 7 July 1967 |
| 8 | Names the order for the West Bank Area |
Source: Commander of IDF Forces in the West Bank Area, Order Concerning Government Property (West Bank Area) (No. 59), signed 31 July 1967, booklet 5, p. 162. Nine amendments are listed, so this is not the text in force today.
In Area C, Oslo II transfers only powers not relating to territory
The Interim Agreement, signed at Washington DC on 28 September 1995, states at Article XI(3) that Area C means the areas of the West Bank outside Areas A and B which, “except for the issues that will be negotiated in the permanent status negotiations, will be gradually transferred to Palestinian jurisdiction”. Article XI(2) states that in Areas A and B land, including government and Al Waqf land, comes under the Council’s jurisdiction in the first phase of redeployment, and that in Area C “Israel will transfer to the Council civil powers and responsibilities not relating to territory”. The Agreement prints no percentage for any area: the words “per cent” and “percent” appear once in the main Agreement, in Article IX on appointments to the Executive Authority.
| Clause | What it provides |
|---|---|
| XI(3) | Areas A and B are delineated by colour on map No. 1; Area C is defined as what remains |
| XI(2) | All civil powers in Areas A and B, including planning and zoning, transfer to the Council; in Area C, only powers not relating to territory |
| XVII(2) | Territorial jurisdiction covers West Bank territory “except for Area C”, and includes land and subsoil |
| XII(5) | “the Settlements” means, in the West Bank, the settlements in Area C |
| XXXI(5) | Permanent status negotiations, to commence not later than 4 May 1996, covering settlements among other issues |
Source: Israel and the PLO, Oslo II, English text published by the Israeli Ministry of Foreign Affairs, a party to the agreement.
The 2005 opinion records State bodies financing outposts without a government decision
The Prime Minister’s Office published the summary of the opinion on unauthorized outposts on 10 March 2005, prepared at the request of the Prime Minister’s bureau. It records the applicable rule as a 1979 government resolution, following the High Court of Justice ruling in Elon More, that “Israeli settlements in Judea, Samaria and Gaza shall be established only on State land”, and the first characteristic of an unauthorized outpost as “There was no government decision to establish it”. Its finding, verbatim: “The problem is State and public authorities took part in breaking the law. They are the ones who financed construction without a resolution by the political echelon, in contrary to government resolutions, with no legal planning status, sometimes not on State owned land, sometimes on private Palestinian property or on survey land.” The counts of outposts by land status are in Israel’s own reviews of unauthorized outposts.
| Figure | What it counts | Period |
|---|---|---|
| NIS 71,870,000 | Ministry of Construction & Housing outlay on unauthorized outposts, the Ministry’s own stated figure over a partial list | 2000 to 2004 |
| 90 of 140 | Caravans from the 2003 acquisition placed in unauthorized outposts | 2003 |
| 64 | Further caravans conveyed to unauthorized outposts | 18 August to 5 December 2004 |
| 81 | Outposts the Ministry of Defense reported evacuated, covering only outposts established after March 2001 | To March 2005 |
Source: Prime Minister’s Office of Israel, March 2005. An outpost here is one at least a few hundred metres from an existing settlement, so the counts exclude building inside recognized settlements.
No Israeli publication used here carries a dunam total of State land
No area of land declared Government Property, and no ledger of allocations by the Custodian, appears in any of the Israeli publications used on this page. The Levy Report publishes no settlement or outpost number, and its only counts, some 51 sites designated as nature reserves and 8 as parks in Area C with 18 of those regularized, are figures presented to the commission rather than measured by it. The State Comptroller published a follow-up audit of the Samaria and Judea District of the Israel Police in May 2022 that measures policing, and it carries no land figure.
| Publication | What it publishes | What it does not publish |
|---|---|---|
| Order Concerning Government Property, 1967 | The definition of Government Property and the Custodian’s powers | Any area, register or count |
| Summary of the Opinion Concerning Unauthorized Outposts, 2005 | Outpost counts by land status, and NIS 71,870,000 of ministry outlay | Any area declared Government Property |
| Samaria and Judea District follow-up audit, 2022 | 12,865 cases opened and 48,371 traffic tickets in 2020 | Any land or allocation figure |
Which figures here may not be added together?
The 2005 outpost counts and the NIS 71,870,000 sit in one document but count different things and share no denominator; the expenditure is the spending ministry’s own reported figure over a partial list, so it is a floor. The 81 evacuations are the Ministry of Defense’s figure, cover only outposts established after March 2001, and are not net of outposts reoccupied. Order 59’s articles are the 1967 text, and nine amendments are listed against it. The Levy Report has no single English text: its Conclusions are stated to be the original Israeli Government translation and its body is the translation of Regavim, the translator and copyright holder, which made submissions to the commission. Sections of the May 2022 State Comptroller audit were published under confidentiality.
Questions readers ask
What does Military Order 59 define as Government Property?
Property which, on 7 June 1967, belonged to an enemy state, to a body in which such a state held any right, or which was registered in such a name, together with property in which such a body was a partner.
Who is the Custodian?
Article 1 defines the Custodian as the person appointed by the military commander as Custodian of Government Property for the purpose of the order.
What happens if property turns out not to have been Government Property?
Article 5 states that a transaction made in good faith between the Custodian and another person “shall not be invalidated” even if it is later shown that the property was not Government Property at the time.
Does Order 59 set out how land is declared State land?
The 1967 text contains no declaration procedure, no objection window and no appeals committee. It defines Government Property by ownership on a fixed date and gives the Custodian possession.
Is there an official English text of Order 59?
No. The Collection of Proclamations, Orders and Appointments prints each order in Hebrew and Arabic, and the Arabic title is the only other title given.
Which areas does Oslo II define by map rather than by boundary?
Areas A and B, which Article XI(3) defines by a red line and shading on map No. 1. Area C is defined as the West Bank outside those two.
Does Oslo II say what share of the West Bank is Area C?
It states no percentage for any area. Any share is a measurement by whichever body made it.
Where does the rule about State land come from?
The Prime Minister’s Office recorded it in March 2005 as a 1979 government resolution, taken following the High Court of Justice ruling in Elon More.
Did the government adopt the Levy Report?
The report closes by leaving that open: “Should the government decide to adopt our recommendations, it will be necessary to implement those principles in detail.” Nothing in these records establishes what followed.
What did the 2005 opinion say about the ministries?
That State and public authorities “took part in breaking the law” by financing construction without a resolution by the political echelon and with no legal planning status.
How large was the ministry outlay?
NIS 71,870,000 between 2000 and 2004, stated by the Ministry of Construction & Housing’s Rural Building Administration, over a list the summary says was partial.
Does the State Comptroller publish land figures for the area?
The May 2022 follow-up audit of the Samaria and Judea District publishes policing figures, including 12,865 cases opened and 48,371 traffic tickets in 2020, and no land figure.
Sources
- Commander of IDF Forces in the West Bank Area, 1967. Order Concerning Government Property (West Bank Area) (No. 59). Collection of Proclamations, Orders and Appointments, booklet 5, p. 162. Official or primary record.
- Commission to Examine the Status of Building in Judea and Samaria, 2012. Report on the Legal Status of Building in Judea and Samaria. Report to the Prime Minister, signed 21 June 2012. Official or primary record.
- Israel and the PLO, 1995. The Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip. English text published by the Israeli Ministry of Foreign Affairs. Official or primary record.
- Prime Minister’s Office of Israel, 2005. Summary of the Opinion Concerning Unauthorized Outposts. Communications Department, 10 March 2005. Official record.
- State Comptroller of Israel, 2022. Samaria and Judea District of the Israel Police, Follow-up Audit. State Comptroller Report, May 2022, Chapter Four. Official or primary record.
