"INTERVIEW - West Bank under occupation: To whom, by whom, and how are the Palestinian lands being sold?"

Overwhelming evidence shows Palestinians are not leaving their land voluntarily, but being systematically coerced and forced out, says lawyer Robert Grabosch

International law doesn’t exist in a vacuum, it demands concrete action -- like halting listings of Israeli classifieds portal Yad2's -- to dismantle structures enabling apartheid and occupation, and silence from German authorities isn't neutrality, it's complicity, according to Grabosch [...]

In an interview with Anadolu's Strategic Analysis Department, lawyer Robert Grabosch assessed the illegal land grabs and settlement sales of Israel in West Bank, as well as the complaint against Axel Springer, the owner of the Israeli classifieds portal Yad2.

Grabosch is a German lawyer representing Palestinians in a complaint against illegal land and settlement sales in West Bank. [...]

Question: There is a historical claim regarding this issue that Palestinians willingly sell their land and that Israelis are acquiring the country through these purchases. Is there any truth to this?

Grabosch: Well, the claim that anyone "willingly sold" their land -- in the past or today -- would dramatically oversimplify this complex reality which is shaped by colonial frameworks, economic exploitation, and systemic violence. Today, acquisitions in the West Bank are entrenched in illegal occupation.

The 4th Geneva Convention (Article 49) prohibits any occupying power transferring civilians into the occupied territory. A Jordanian law from 1953 also prohibits any sales of land in the West Jordan territory to non-Arabs. Now, just in January, Israel advanced a bill to repeal that restriction from the Jordanian-era, and this is now escalating "questionable deals and forgeries."

But the laws of an occupying power cannot legalize the taking of land by that occupying power. And the International Court of Justice (ICJ) in its Advisory Opinion of 2024 reaffirmed settlements as illegal. So, what we see in the West Bank is certainly not a natural process of voluntary migration but a systematic policy of dispossession that violates international law. [...]

Question: Who exactly has filed the complaint and which violations do they say they experience?

Grabosch: The complainants in our case are five individual farmers whose land has been taken violently from them and their families; three villages of Iskaka, Marda, and Taybeh. They are in the Salfit and Ramallah Governorates. Their population is between 1,500 and 2,300 residents each. The rights to land, to property, and the right to water are being violated. [...]

Question: How is Axel Springer involved in all of this? What connects the company to illegal settlement expansion, and why is it a party to this case?

Grabosch: As the complaint explains, the Axel Springer group owns an Israeli subsidiary that operates the listings site Yad2 -- which is Hebrew for “Second Hand.” On that site, Jewish settlers find the land that was taken from Palestinians. So, we argue that the German head company must take reasonable measures to avoid illegal property listings, which are part of the land rights violations.  

Question: What kind of company is "Axel Springer SE" and what does it do?

Grabosch: Axel Springer S.E. is one of Europe's largest media corporations. It's headquartered in Berlin, Germany, and it operates two main business segments. First, it is the most influential media company in Germany. Springer publishes major newspapers such as BILD and DIE WELT and it operates various TV channels and online news platforms. [...]

This had stirred public criticism. But Springer chose not to act. Instead, it claimed compliance with Israeli law, ignoring its broader responsibilities under German and international law.  

Question: Does the Corporate Due Diligence Act apply to Springer's operations in the Middle East?

Grabosch: It does. Without a doubt. The German DD law explicitly provides that the business operations of a company's subsidiary are part of the company's own business operations, if the company controls that subsidiary. [...]

In essence, international law doesn't exist in a vacuum. It demands concrete action -- like halting Yad2's listings -- to dismantle structures enabling apartheid and occupation. Silence from German authorities isn’t neutrality; it’s complicity. [...]

Question: Could successful enforcement of this complaint lead to settlements being removed or restricted?

Grabosch: Enforcing the law would at least make that expelling Palestinians from their homes and lands not very appealing anymore. If you cannot sell or buy real estate online, it is much more difficult to transfer the property and hence, the taking of the land would slow down a lot.

Every time a listing for stolen land is placed online and every time that land is transferred, the property rights are violated anew. Settlements would not be removed as a result, but their expansion would slow down and further land-rights violations would be stopped. Also, German political leaders -- including the Green Party-led Economics Ministry, and the Chancellery led by the Social Democrats' Olaf Scholz remain conspicuously silent.

Although the ICJ has confirmed settlements violate international law and human rights continue to be systematically violated..

Question: So, it seems that BAFA is not taking the case seriously? Why is that so?

Grabosch: Well, BAFA is controlled by the Federal Ministries of Economics and of Labor, so eventually politicians from the Green Party and Social Democrats decide. And there is a widespread fear of Springer. Politicians' careers depend on the Springer media's good will. It dominates the German media landscape. So it takes some bravery to uphold the law. Eventually, this silence undermines Germany's credibility as a defender of international law and human rights.

Question: Did you expect this when you took on this case?

Grabosch: Not to this extent. You know, the German government has long been explicitly against the settlements in the West Bank. For many years, the German government has called for a 2-state solution. Olaf Scholz said in an interview in November that the settlements and the settler violence have to stop.

Furthermore, in November, Germany voted in favor of a UN resolution that upholds Palestinians' sovereign rights over their territory and natural resources. So I had thought that they cannot dismiss this Complaint. Dismissing this case would expose blatant hypocrisy. If BAFA and the politicians in charge and their entire parties remain silent, they lose all credibility. They cannot do that. But so far it seems that I was wrong and meanwhile, the violations currently intensify. [...]

Question: What would you say to German political leaders who have remained silent on this issue despite their stated opposition to settlements?

Grabosch: My message? Demand and ensure that BAFA applies the law! The Due Diligence Act and international principles, like the protection of property, are clear. Ignoring this case undermines Germany's credibility as a defender of human rights and international law.

And don't think that this is a religious conflict. There are Jewish people, Christians, and Muslim Palestinians living in the West Bank. And not all settlers are Jewish -- some are Christian Zionists or secular individuals. Aiding and abetting land grabs and forced displacement puts everyone in the region at greater risk.

German leaders should recognize that only by respecting human rights on all sides can we create a foundation for peace. Silence in the face of injustice is complicity, and it is time for Germany to uphold its stated opposition to settlements with action, not just words.