Lawfare Archive: The West Bank and the Israel-Hamas War
Jan 25, 2025
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Dan Byman, an expert at the Center for Strategic & International Studies; Ghaith al-Omari, a scholar at the Washington Institute for Near East Policy; and Scott R. Anderson, a senior editor at Lawfare, delve into the escalating violence in the West Bank amidst the Israel-Hamas conflict. They examine the implications of settler violence, the precarious position of the Palestinian Authority, and the potential international legal ramifications. Discussions highlight the need for proactive measures and viable solutions to foster peace and stability in the region.
The escalation of violence in the West Bank, fueled by Israeli settler actions, complicates the ongoing conflict between Israel and Hamas.
Regional responses to the Israel-Hamas conflict, particularly from Arab states like Bahrain and Jordan, reflect growing unease and diplomatic shifts regarding Israel.
The Palestinian Authority's decline in legitimacy and the emergence of public discontent pose significant challenges for future peace negotiations and regional stability.
Deep dives
Escalation of Violence in the West Bank
Since the outbreak of the Israel-Hamas conflict, there has been a notable increase in violence in the West Bank, with Israeli settlers attacking Palestinian towns amid heightened tensions. Reports indicate that at least 13 Palestinian herding communities have been forcibly displaced as a result of settler violence, while nearly 100 Palestinians have been killed due to military strikes and violent confrontations. The volatile relationship among the Israeli government, settlers, Palestinians, and the Palestinian Authority has intensified the situation, demonstrating how existing tensions can complicate regional conflicts. This escalation raises concerns about a potential larger conflict and poses a challenge to the ongoing ceasefire between Israel and Hamas in Gaza.
Impact of Regional Responses
The regional response to the conflict has evolved, with Arab states expressing growing unease over the hostilities. Countries like Bahrain and Jordan have taken notable actions, such as issuing resolutions to minimize diplomatic relations with Israel. The United States is also responding to the humanitarian crisis by focusing on aid delivery and assessing the aftermath of the conflict. These regional dynamics highlight the potential for increased pressure on Israel from its neighbors, complicating the already fragile geopolitical landscape.
International Law and Occupation Issues
The podcast discusses the application of international law to the situation in the West Bank, particularly concerning the actions of Israeli settlers and military operations. The West Bank is widely viewed as occupied territory under international law, which imposes certain obligations on Israel as the occupying power. However, Israel's legal position is contentious, with some Israeli officials arguing against the notion of occupation while pursuing policies that may contravene international law. This dispute complicates the governance of the region, particularly in light of rising settler violence and the lack of intervention from Israeli authorities.
Challenges Facing the Palestinian Authority
The Palestinian Authority (PA) is facing significant challenges amid the current conflict, including a decline in credibility and legitimacy due to its inability to adequately address the needs and concerns of Palestinians. Protest movements against both the Israeli government and the PA itself have emerged, highlighting public discontent with Palestinian leadership. There are also fears that the PA is at risk of collapse, which could lead to a power vacuum in the West Bank and potential chaos. If the PA diminishes in influence, it raises questions about the viability of any future peace negotiations and the region's political stability.
Path Forward for Israeli-Palestinian Relations
Looking ahead, maintaining stability in the West Bank is crucial, and immediate actions should be taken to curb settler violence to avoid further inflaming tensions. Discussions around a future governance framework need to consider the PA's role and the possibility of reforming its leadership to regain trust among Palestinians. Long-term solutions should focus not only on addressing the humanitarian crisis but also on establishing a positive vision for peace that transcends the current ineffective status quo. Without genuine steps towards a more stable and inclusive political environment, the likelihood of renewed hostilities remains high.
From November 3, 2023: Since Hamas’s attack on Israel on Oct. 7, the Israel-Hamas war has largely been fought in Gaza, a small strip of land along the border of the Mediterranean Sea. But farther inland, there has been an uptick in hostilities between Israelis and Palestinians in the Palestinian territory of the West Bank. Israeli human rights organization B’Tselem says that at least 13 Palestinian herding communities in the West Bank have been forcibly displaced since the beginning of the war due to Israeli settler violence and intimidation, and nearly 100 Palestinians in the territory are reported to have been killed since the war began by both Israeli military strikes as well as settler violence.
The fraught relationship between the Israeli government, Israeli settlers, Palestinians, and the Palestinian Authority are not new. But in part because of those existing issues, the West Bank has the potential to expand and complicate the bounds of the Israel-Hamas war—and some may argue that that is already underway.
To understand how the West Bank fits into the ongoing hostilities between Israel and Hamas, Lawfare Associate Editor Hyemin Han spoke to Dan Byman from the Center for Strategic & International Studies, who is also Lawfare’s Foreign Policy Editor; Ghaith al-Omari of the Washington Institute for Near East Policy; and Scott R. Anderson, Lawfare Senior Editor and Fellow in Governance Studies at the Brookings Institution. They talked about the international law that currently governs the rules of engagement in the West Bank, the political responses of the Israeli government and other Arab states, and how West Bank dynamics will impact the broader outcomes of the Israel-Hamas war.
