At first glance, a proposed new bill asking Israel’s parliament to extend Israeli labor law to the West Bank and protect women against unlawful dismissal seems innocuous enough.
But critics say that under the guise of woman’s rights, the bill’s true intent is to further entrench Israeli control over occupied territory the Palestinians seek for their future state.
The debate sheds light on the complex and distinct legal system Israel has cultivated during its 46-year control of the West Bank. Since Israel has never annexed the territory, it technically remains under military rule, creating a bewildering legal reality.
For the 340,000 Jewish settlers in the West Bank, most of Israel’s criminal and civilian laws apply. They vote in Israeli elections, enlist for compulsory military service, pay their taxes to the state and get speeding tickets from Israeli police.
But these core laws are applied on a personal rather than a geographic basis, meaning they apply to Israelis because of their citizenship and regardless of their location.
To get around accusations of de facto annexation, Israel relies heavily on military decrees, rather than parliament, to enforce laws on settlers geographically. A third party is Israel’s Supreme Court, which steps in when loopholes in this patchwork arrangement emerge.
Palestinians, meanwhile, are often subject to a different set of laws, adding to the confusion — and often inequality.
Orit Strock, a lawmaker from the pro-settler Jewish Home party and a settler herself, said she proposed the latest legislation after learning of female settlers who she said had been unfairly fired from their jobs. She insists she has no other motive.
“So long as people live here, they need to live a normal life,” she said. “It is unconceivable that people who pay taxes and serve in the military will be devoid of rights.”
Israeli Prime Minister Benjamin Netanyahu has voiced support for the new bill, saying all Israeli women must “receive equal rights.”
But critics say the legislation would change the rules in the West Bank.
A parliamentary vote in favor of the bill could be construed as another step by Israel toward de facto annexation, which is particularly problematic at a time when the country is in peace talks with the Palestinians over the future status of the territory.
A Cabinet vote on the bill has been put off indefinitely after dovish government minister Yaakov Peri objected to it. He said protecting women’s rights is important, but that the bill would be a sign of bad faith to the Palestinians.
Legal experts say settlers already enjoy the same rights as other Israelis by virtue of their citizenship, calling Strock’s legislation a political stunt. Her party opposes the creation of a Palestinian state alongside Israel, the idea underlying the current negotiations.
The Palestinians want a state in the West Bank, Gaza and east Jerusalem, territories Israel captured in the 1967 Mideast war. In that war, Israel also captured the Golan Heights from Syria.
Israel has annexed east Jerusalem and the Golan Heights, steps not recognized by the international community. Israelis living in these areas, as well as Arab residents, are subject to Israeli laws and privileges. Israel withdrew from Gaza in 2005.
The Cabinet has asked the attorney general to look into the creation of a military decree on the labor rights of women in the settlements by next month. The military decrees allow Israel to extend its laws to the settlements without the political ramifications.
“The West Bank is under military occupation and therefore it is governed by international law. Under international law the occupier does not have the right to apply its internal laws on the occupied places,” said Emmanuel Gross, an expert on military law at Haifa University.
“Therefore, if Israel decides to apply one of its internal laws in those places, it violates its obligation under international law and this act might be declared as void by the international community, even if it is a good law that protects women’s rights,” he said.
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