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Introduction
In June 1967, during the Six-Day War, Israel took control of the Sinai Peninsula, the Golan Heights and "the territories" - the term applied to the Gaza Strip and to lands lying between the armistice line of the 1948 war (the so-called "Green Line") and the recognized borders of mandatory Palestine, which in 1949 had been annexed by the Hashemite Kingdom of Jordan.1 After the 1967 war, Israel's legal approach to the territories was to apply de facto the occupation paradigm, and to retain an opaque attitude toward the de jure status of the territories. This approach allowed Israel to remain within the ambit of international law, without committing itself to a specific position regarding the permanent solution of the Israeli-Palestinian conflict.
In recent years, this formula has lost its attraction for Israel. Hence, Israel moved to adopt a different paradigm, which divides the territories into two unequal parts. In areas in which the Palestinians form the majority of the populace, Israel has experimented with various forms of self-govemance. Elsewhere, where Israeli citizens constitute the majority of inhabitants, the legal situation seems to be gradually becoming similar to that in Israeli proper. The formal annexation of these areas may or may not take place on some indefinite future date, but the reality of life in these areas is, to all and intents and purposes, Israeli.
Israeli Legal Approach toward the Territories after 1967
From Israel's standpoint, the conquest of the territories in June 1967 was entirely unexpected. Hence, decisions on their legal status had to be taken in some haste. In East Jerusalem, where the holiest sites of Jewish tradition are located, the Israeli government very soon (within a month of the war) decided on annexation (though this annexation has not been recognized by any international actor). However, with respect to other areas, Israel was faced with a serious dilemma. International opposition coupled with internal disagreement made annexation an unviable option. Furthermore, Israel had no intention of granting citizenship to all the Palestinian inhabitants of the territories. On the other hand, Israel was not willing to openly admit that the territories were not part of Israel. (Gorenberg, 2006)
Meir Shamgar, Israel's military advocate general (who, after leaving the military service was appointed Israel's attorney...