So, We Can Stay?

Summary of

Transfer of Sovereignty over Populated Territories from Israel to a Palestinian State: The International Law Perspective by Liav Orgad, Yoram Rabin, Roy Peled in Misphat Umimshal vol. 10 (2006)

One of the proposals for a solution of the Israeli-Palestinian conflict is that the border between Israel and the future Palestinian State will be drawn so as to include in the Palestinian State territories west of the “green line” densely populated by Israeli-Palestinian citizens. These suggestions have stirred lively debate in Israel. This article examines the idea of transfer of sovereignty over populated territories from Israel to Palestine in light of International Law. Following a discussion of historical precedents, international conventions and jurisdiction of international courts, its conclusion is that Israel has the right to alter its borders, through agreement with a Palestinian State, and affirm such a move in accordance with requirements of its local Constitutional Law.

Nevertheless, International Law does impose on the State of Israel some strict conditions for the implementation of such an agreement. The most important of these is the granting of a “right of option” to its citizens in the transferred territory. The authors argue that Israel will be required to grant a “wide” right of option, i.e. allow the residents to choose to move to live within Israel's new borders, or remain in their current municipalities and at the same time maintain their Israeli citizenship.

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