Israel lacks legal right to replace Jordanian laws in West Bank, experts assert

Israel has no legal authority to permanently revoke Jordanian-era laws in the occupied West Bank and replace them with its own sovereign legislation, according to experts who spoke to Anadolu. They contend that while Israel may suspend existing laws through military orders under the military regime imposed since 1967, such changes lack international legal validity.

Abolishing Laws Requires Sovereignty, Which Israel Lacks

The analysis follows a decision by Israel’s Security Cabinet on Sunday to approve measures allowing Israelis to purchase land in the West Bank, effectively repealing Jordanian laws that have governed land ownership for decades. Issa Al-Shalabi, a political science professor at Jordan’s Al-Hussein Bin Talal University, explained that abolishing a law presupposes legal sovereignty. "This means Israel is imposing a fait accompli by force, not by legitimacy," Shalabi said, adding that facilitating land sales to settlers violates multiple UN Security Council resolutions and may constitute a war crime.

Jordan’s Unique Legal Standing and Tools for Response

Shalabi emphasized that Jordan retains a unique legal status as the former administering power and can respond through diplomatic channels at the UN, by supporting International Criminal Court cases, and by leveraging its 1994 peace treaty with Israel for political pressure. He noted that Jordanian-Palestinian coordination operates on legal, political, and ground levels to obstruct the legitimization of Israeli measures and protect the historical legal framework governing the territory.

Israeli Measures Called “Null and Void”

Abdullah Kanaan, Secretary-General of Jordan's Royal Committee for Jerusalem Affairs, stated that the Jordanian law prohibiting property transfer to Israelis remains valid under international law. "Any measures taken by the occupation to change this legislation is null, void, and illegal," Kanaan said. He warned that international silence risks creating a precedent where the laws of occupation replace international law, enabling "the strong [to] devour the weak."

Jordan’ Official Condemnation

The Jordanian government has formally condemned the Israeli decisions as illegal and a violation of international law. In a Sunday statement, the Foreign Ministry said the steps aim to impose “unlawful Israeli sovereignty” and undermine the two-state solution, stressing that Israel holds “no sovereignty over occupied Palestinian land.” Jordan called on the international community to compel Israel to halt escalation in the West Bank.

Background and Broader Context

The move occurs amid intensified Israeli military operations and settlement expansion in the West Bank since the outbreak of war in Gaza in October 2023. Palestinians view these measures as steps toward formal annexation. The International Court of Justice, in a July 2024 advisory opinion, declared Israel’s occupation illegal and called for the evacuation of all settlements.