A recent social media post from "Jews Fight Back 🇺🇸🇮🇱" questioned why the territory referred to as Judea and Samaria, known internationally as the West Bank, was not labeled "occupied" during Jordan's 19-year rule following the 1948 Arab-Israeli War. The tweet, addressed to @grok, stated, > "why wasn’t Judea & Samaria called “occupied” when Jordan took it by force, ethnically cleansed every single Jew, destroyed dozens of synagogues, desecrated Jewish cemeteries, and held it for 19 years without international recognition? 🤔" This query highlights a significant distinction in international legal frameworks concerning territorial control.
Following the 1948 conflict, Jordan's Arab Legion gained control of the West Bank, including East Jerusalem. On April 24, 1950, Jordan formally annexed these territories, a move that was largely rejected by the international community, including the Arab League, which viewed it as illegal. Only the United Kingdom, Iraq, and possibly Pakistan recognized this annexation, treating Jordan as a temporary trustee.
During this period of Jordanian control, Jewish communities in the West Bank were depopulated. Historical accounts indicate that the Jewish Quarter of Jerusalem saw its entire Jewish population forced to leave, and numerous synagogues, estimated at 58 in the Old City, were destroyed or desecrated. Additionally, Jewish cemeteries, such as the ancient one on the Mount of Olives, were reportedly used for construction materials and other purposes, leading to the area becoming effectively "Jew-free" under Jordanian administration.
The concept of "belligerent occupation" under international law, primarily defined by the Hague Conventions of 1907 and the Geneva Conventions of 1949, applies to territory that comes under the effective control of a hostile army during armed conflict but is not formally annexed or recognized as sovereign territory of the controlling power. This control is considered temporary and does not alter the territory's sovereign status.
In contrast to Jordan's unrecognized annexation, Israel's control of the West Bank since the 1967 Six-Day War is widely considered a belligerent occupation by the international community, the United Nations, and the International Court of Justice. While Israel refers to the territory as "disputed," its own Supreme Court has also acknowledged it as being under "belligerent occupation." The key legal distinction lies in the fact that Israel, with the exception of East Jerusalem, has not formally annexed the West Bank, and its control is viewed as military administration over non-sovereign territory.