Legal Opinion Urges Israel to Act Against Heritage Site Destruction in West Bank Areas A and B
A new legal opinion authored by Attorney Avraham Shalev for the organization Shomrim Al Hanetzach asserts that Israel has a legal obligation to intervene to prevent the destruction of archaeological heritage sites in West Bank Areas A and B. This stance contradicts the longstanding position of the Civil Administration and the National Security Council's legal advisors, who have previously limited Israeli enforcement in these areas.
The opinion was prompted by plans to build a mosque on the archaeological site of Solomon's Pools, which Shomrim Al Hanetzach claims would have caused irreversible damage to antiquities. The construction was halted following intervention by Israeli political authorities. The organization contends that Israeli enforcement against heritage site damage has been lacking for years due to restrictive legal advice.
According to the legal opinion, violations by the Palestinian Authority of the Oslo Accords, which require them to protect archaeological sites, free Israel from restrictions on acting in Areas A and B to prevent heritage destruction. The opinion clarifies that Israel may temporarily suspend certain Oslo provisions to prevent damage without fully withdrawing from the agreements.
On the morning of the opinion's release, the Knesset Foreign Affairs and Defense Committee's subcommittee on Judea and Samaria held a discussion on Palestinian breaches of the Oslo Accords and Israel's response. Representatives of the Civil Administration and National Security Council reportedly avoided clearly identifying which Israeli body is responsible for enforcing the accords in Areas A and B.
Shomrim Al Hanetzach emphasized that the legal opinion provides the political leadership and cabinet with a legal basis for immediate Israeli intervention. They called on the government to exercise full sovereignty and act swiftly to protect heritage sites, warning that thousands of years of history could be lost due to restrictive legal counsel that hampers executive and political action.
