Israel Cracks Down on West Bank Accessibility

Israel has issued a new set of regulations, to be taken into effect next month, that would impose further limits on foreigners’ entry into the West Bank. The restriction stirring up the most controversy is the new obligation to formally declare a romantic relationship with a Palestinian to be granted access into the area. Other seemingly arbitrary regulations, such as quotas on visas given to students and lecturers, also perplexed commentators.

The original draft of this set of protocols, published by the Coordinator of Government Activities in the Territories (COGAT), stipulated that foreigners who start a serious romantic relationship with Palestinian residents of the West Bank must inform the authorities “within 30 days of the start of this relationship.” However, following criticism and condemnation from human rights activists, Palestinian legal experts and many leading figures in the international community, Israel released a revised 90-page document that omitted this clause.

The revised version states that foreigners who wish to live with their spouses in the Judea and Samaria area, the biblical name for the West Bank, must apply for a visiting permit 45 days before their trip. The document also cements the ban on giving residency status to them, leaving many families under the constant stress of being denied entry and legal status. According to Part four of the revised document, “Spousal permits will be issued for a maximum term of one year each time.” Furthermore, the total period that any visitor can stay in the West Bank is 27 months (including visa extensions), after which a “cooling off” period is required. If visitors wish to re-enter the area, they must start a new application process. Not only is this process intensely bureaucratic and time-consuming, but permits are also subject to arbitrary refusals. Ultimately, the COGAT official decides whether or not the permit is approved, as seen in Clause 10: “the authorized COGAT official is the authority who decides whether to deny a foreigner entry into the Judea and Samaria area.”

In addition to the public backlash against the initial draft of new protocols, Israeli human rights activists in Hamoked, Center For the Defense of the Individual, and Palestinian activists quickly denounced the protocols’ international law violations and started challenging them in court. Jessica Montell, director of Hamoked, explains that these policies are manifestations of a “belligerent occupation.” Even the American ambassador, Tom Tide, expressed his strong disappointment over the new restrictions and declared having engaged in negotiations with Israel to revise the regulations. Nonetheless, COGAT’s changes to the original rules remain largely superficial since only the contentious quotas on lecturers allowed entry and the declaration of a love-interest were removed.

According to the United Nations and Palestinian legal experts, there is no solid legal basis for Israel’s past restrictions on movement or these new regulations. Israel, however, derives license to enact its restrictive policies from the Interim Peace Accords of the 1990s and “security concerns.” Furthermore, with Israel controlling most entrances to the West Bank with heavily militarized checkpoints and frequent Israeli Defense Force inspections, these regulations are likely to be reinforced strictly. The document specifies that any application for a permit needs to be accompanied by a deposit of up to 20,050 dollars that can be confiscated in the case of a breach of the permit’s conditions. These measures reaffirm the Israeli state’s insistence on following tough restrictions and consolidating years of aggressive military occupation.

Perhaps the most apparent consequences of these regulations on individuals’ private lives are the tolls they take on existing family ties and the immense obstacles they create for Palestinians who want to marry people of other nationalities. The new regulations raise the question of why Israel would enforce such exhaustive measures on the partners of Palestinians. An aim could be to put pressure on Palestinian civil life and further isolate Palestinian citizens of the West Bank from the outside world. Palestinians living in the West Bank are already struggling with heavy restrictions on autonomy under a convoluted and opaque system. From long lines at checkpoints to limitations on working hours, everyday life for Palestinians in the West Bank is only getting more difficult.

These new protocols also regulate business and academic activities; thus, businessmen, professors, and students are impacted. The process for obtaining a permit is often costly and time-consuming as applications need to be started at least two months in advance, and applicants must fit an extensive set of criteria and undergo detailed background checks by COGAT officials before being let into the West Bank. Restrictions on the entry of goods and skilled labor cause Palestinian businesses to struggle to expand and modernize. Bassim Khoury, CEO of Pharmacare, comments, “having to obtain a confirmation a month ahead will make it impossible for many foreign partners we have to be part of the business. The immediate effect is that we will have a harder time developing our business.” Lecturers and students must also satisfy COGAT’s list of academic credentials, age and medical insurance conditions. An especially troubling limitation for undergraduate students holding the visiting permit makes it “forbidden to seek employment in the Area.” Mariya Gabriel, head of the European Commission for research and culture, criticized these measures saying, “With Israel itself benefiting greatly from Erasmus, the Commission considers that it should facilitate and not hinder access of students to Palestinian universities.”

Moreover, these restrictions do not apply to Israeli settlers, further emphasizing the apartheid policies in the occupied territories. These regulations directly serve settlers as they pose obstacles to all corners of Palestinian life and make the dream of a prosperous Palestinian state ever more elusive. Although, in reality, the prospect of a two-state solution has already been abandoned by many Palestinians who fear more evictions, fewer rights and continuing aggression.

These new protocols perfectly conform to Israel’s 55-year policy toward occupied Palestinians, anchoring decades of discrimination and oppression.

To understand the reasoning behind Israel’s policy in this highly contested area, it is crucial to analyze how these new regulations fit within the larger scheme of events since the Israeli occupation of the West Bank following the Six-Day War of 1967. Since then, Israel has pursued a consistent policy of sponsoring settlements and institutionalizing discrimination against Palestinians. As a result, lasting peace in the West Bank seems almost impossible. Arbitrary arrests forced evictions and bureaucratic restrictions on movement, among other manifestations of de facto annexation, make life in the West Bank turbulent. This is part of Israel’s plan to formally annex the region, a plan hindered by the COVID-19 pandemic and Donald’s Trump loss in the 2020 U.S. elections. Annexing the West Bank and finally uniting the Israeli state has been the conclusive goal for many Israeli politicians, most notably former Prime Minister Benjamin Netanyahu. This final policy will subject the area to Israeli rather than international law. Israel is heading in this direction even though it violates international conduct and may be reprimanded, especially because Joe Biden has not yet given Israel the green light.

Annexation or military occupation — these words serve merely as semantics for Palestinians having to face ever-deteriorating living conditions amidst an Arab and international community that is increasingly desensitized to their suffering. A quote from one of my Palestinian friends summarizes the situation rather powerfully: “They want to prevent us from spreading our culture and practicing our identity because only then will they reach their full victory.” When observing the general trend in Israeli policy in the West Bank, the new regulations and how they infringe on Palestinians’ right to privacy and freedom of movement make it seem as though it is highly unlikely for any tangible improvements to take place even in the face of international criticism, leaving Palestinians wondering how much more they still have to withstand.