Weekly Commentary: Annex Via Government Decision - Legislation Problematic
Dr. Aaron Lerner Date: 16 May, 2019

There are two ways to annex: legislation and a Government decision.

Here is the full text of the law that relating to annexation via Government
decision:

Ordinance Law and Administration, 1948
… 11B The law, jurisdiction and administration of the State shall apply to
any area of the Land of Israel that the Government sets in an order.

That’s right. All it takes is a vote of the Cabinet.

And that is exactly how Israel annexed eastern Jerusalem.

The reason that PM Menachem Begin opted for legislation to annex the Golan
is that the Golan was not part of the Mandatory Palestine and thus might not
qualify for being an "area of the Land of Israel" as stipulated in 11.B.

Why is legislation problematic?

#1. There isn't consensus in the national camp regarding the provisions that
might be included in such legislation, in particular with regard to
citizenship for Arabs in the area annexed.

#2. Legislation by its nature has many steps. Each step will bring
considerable criticism and pressure - and possibly even sanctions - to bear
against the Jewish State.

#3. The legislation would be subject to review by the Supreme Court.

- If the legislation provides special conditions for Arabs In the area
annexed to become Israeli citizens then the Court will no doubt reject it.

- If the law is passed in a rapid series of votes the Court can void it on
procedural grounds just at it voided the tax on third homes which was rushed
through the Knesset without serious consideration by a Knesset committee.

In sharp contrast, a Cabinet decision:

#1. Can be made in one meeting.

#2. Cannot include conditions to the move so that the politicians won’t have
to explain to their constituents why various schemes relating to citizenship
weren't included in the move.

#3. Ii is such a "stripped down" move that it leaves no basis for a Supreme
Court veto.

The only reason to support annexation via legislation rather than a cabinet
decision is if you do not really want annexation.

________________________________________
IMRA - Independent Media Review and Analysis

Since 1992 providing news and analysis on the Middle East with a focus on Arab-Israeli relations

Website: www.imra.org.il