Despite HaMoked’s ongoing petition for a fundamental change: State announced that the 2022 military procedure which extremely limits foreigners’ entry into and stay in the West Bank will remain in effect

On May 10, 2023, HaMoked petitioned the High Court of Justice (HCJ) via Atty. Yotam Ben Hillel on behalf of West Bank Palestinian families where one spouse is a foreign national to demand fundamental revision of the “Procedure for entry and residence of foreigners in the Judea and Samaria area” (sic). The procedure regulates the entry into the West Bank of foreign nationals, as well as their residence and the legalization of their status there. However, the petition claimed, the procedure which entered into effect on October 20, 2022, entrenched Israel’s longstanding illegal policy to prevent family unification in the oPt. It also significantly disrupts the operation of academic institutions in the West Bank and harms the Palestinian economy. The petition clarified that under international law, the only considerations Israel may take into account regarding the occupied territory and its residents are the benefit of the local population and security needs; all other considerations are invalid.  

In its preliminary response dated June 23, 2024, the State announced that the petition would be implemented for a trial period of two years until October 20, 2024, and then a decision on its continued implementation would be made. Therefore, on September 12, 2023, the Court ruled the proceedings would continue after this date, as the State’s decision could impact the handling of the petition. On October 31, 2024, the State announced that upon the end of the trial period, it was decided to continue implementing the procedure unchanged.

In their response of December 24, 2024, the petitioners demanded that the Court speedily set a hearing in the petition given that the Respondents remain adamant not to amend the procedure. The petitioners stressed that the matter had been placed before the Court time and again over the past 10 years, and therefore, clearly “the rounds of challenges and amendments and challenges over the amendments have been exhausted” and that “the time has come to tackle the severe violation of human rights established in the petition, and to rule” on the matter.

It seems the Court was at least persuaded there was need to rule on the matter and decided to schedule the petition to a hearing before a panel of three justices.