Are West Bank settlements illegal?
Are West Bank Settlements Illegal? Who Decides? The United States declared that Israeli settlements on the West Bank are “not inconsistent with” international law, despite decisions by world bodies like the International Court of Justice. Givat Zeev, an Israeli settlement near the Palestinian city of Ramallah in the West Bank.
Is Israel's occupation of the West Bank legal?
[33] Since the occupation of the West Bank in 1967, numerous United Nations resolutions, including 446, 452, 465, 471 and 476 affirm unambiguously that Israel's occupation is illegal, [34] and, since Resolution 446 adopted on 22 March 1979, have confirmed that its settlements there have no legal validity and pose a serious obstacle to peace. [35]
Are Israel's settlements legal?
The majority of legal scholars hold the settlements to violate international law, while others have offered dissenting views supporting the Israeli position. The Israeli Supreme Court itself has never addressed the issue of the settlements' legality.
How many settlements does Israel have in the West Bank?
Israel has built about 130 formal settlements in the West Bank since 1967. A similar number of smaller, informal settlement outposts have gone up since the 1990s, without government authorization but usually with some government support. More than 400,000 Israeli settlers now live in the West Bank alongside more than 2.6 million Palestinians.
See more
Is it illegal for Israel to occupy West Bank?
Since the occupation of the West Bank in 1967, numerous United Nations resolutions, including 446, 452, 465, 471 and 476 affirm unambiguously that Israel's occupation is illegal, and, since Resolution 446 adopted on 22 March 1979, have confirmed that its settlements there have no legal validity and pose a serious ...
How many illegal Israeli settlements are in the West Bank?
Number of settlements and inhabitants As of 2022, there are 140 Israeli settlements in the West Bank, including 12 in East Jerusalem. In addition, there are over 100 Israeli illegal outposts in the West Bank.
Does Israel have illegal settlements?
Nearly 700,000 Israeli settlers are now living in illegal settlements in East Jerusalem and the West Bank, they stated. In recent weeks, Israeli authorities have approved plans for more than 1,700 new housing units in two settlements in East Jerusalem, Givat Hamatos and Pisgat Zeev, the experts reported.
Why is Israel allowed to occupy West Bank?
Israel has cited several reasons for retaining the West Bank within its ambit: a claim based on the notion of historic rights to this as a homeland as affirmed in the Balfour Declaration of 1917; security grounds, both internal and external; and the deep symbolic value for Jews of the area occupied.
Has Israel stolen land?
Israel has declared at least 26 percent of the West Bank as “state land”. Using a different interpretation of Ottoman, British and Jordanian laws, Israel stole public and private Palestinian land for settlements under the pretext of “state land”.
Does Israel have a right to the West Bank?
Israel claims historical and religious rights to the West Bank as the ancestral land of the Jewish people. It also says its presence there - especially in the Jordan Valley - is strategically vital for its self-defence.
What is the current status of Israeli settlements in the West Bank?
From 1967 through 2017, over 200 Israeli settlements were established in the West Bank (including East Jerusalem); their current population is almost 620,000.
How many UN rules has Israel violated?
SECURITY COUNCIL RESOLUTIONS: Laws Violated: Israel has violated 28 resolutions of the United Nations Security Council (which are legally binding on member-nations U.N.
Who controls West Bank?
IsraelPresently, most of the West Bank is administered by Israel though 42% of it is under varying degrees of autonomous rule by the Fatah-run Palestinian Authority. The Gaza Strip is currently under the control of Hamas.
Was Palestine a country before Israel?
Israel Becomes a State In May 1948, less than a year after the Partition Plan for Palestine was introduced, Britain withdrew from Palestine and Israel declared itself an independent state, implying a willingness to implement the Partition Plan.
How does Israel treat Palestine?
Israel's treatment of Palestinians across all areas is pursuant to the same objective: to privilege Jewish Israelis in distribution of land and resources, and to minimize the Palestinian presence and access to land.
Why doesn't Israel annex the West Bank?
The West Bank is internationally recognized as militarily occupied by Israel, though Israel disputes this and has created nearly 200 Israeli settlements there. According to Yuval Shany, an Israeli annexation would likely be opposed internationally because the plan would violate multiple principles.
Are there Israeli settlements in Golan Heights?
About 25,000 Israeli settlers live in the Golan Heights, along with some 23,000 Druze, who remained on the land after it was seized by Israel. The US was the first country to recognise Israel's sovereignty over the territory.
Does Israel violate the Geneva Convention?
Israel, however, refuses to accept the de jure applicability of the 4th Geneva Convention to the Occupied Palestinian Territory, including Jerusalem and has committed serious violations of every relative provision of the Convention.
Are Palestinians allowed in Israel?
Since 2008, they are not allowed to live or stay in Israel because of marriage with an Israeli. Israelis who want to visit their partner in Gaza need permits for a few months, and Israelis can visit their first‐degree relatives in Gaza only in exceptional humanitarian cases.
Is Tel Aviv a settlement?
Although founded in 1909 as a small settlement on the sand dunes north of Jaffa, Tel Aviv was envisaged as a future city from the start.
What is the argument against the settlements?
The essence of the argument is: • Israel’s armed forces entered into areas that were not part of its sovereignty or under its administration at the start of the 1967 Six-Day War.
What is the issue of settlements?
The issue of settlements is a complex one that will only be resolved through negotiations, not with charges of illegality. Both Jews and Palestinians have legitimate claims of connectivity to this ancient land.
Why does Article 49 of the Geneva Convention not apply?
Article 49 of the Geneva Convention does not apply because neither the Palestinian-Arabs nor Jordanians had sovereignty over the West Bank. The lands were “disputed” territory into which Jews had the right to settle whether under the Mandate for Palestine or because of settlements prior to 1948 and the Jews historic connection to the land.
Has Israel allowed settlements?
Settlements have only been permitted by Israel following investigations to ensure that communities are only established on public lands or on private lands legally acquired.
Is it illegal to settle in the West Bank?
We read in the news on a regular basis that Israeli settlements in the West Bank are illegal. In 2019, the Trump administration took the position Israeli settlements in the West Bank are not inconsistent with international law, a change from the prior U.S. position.
Is the International Court of Justice opinion binding?
The International Court of Justice Opinion is an advisory opinion, and therefore, likewise not binding.
Does Cleveland Jewish News endorse candidates?
The Cleveland Jewish News does not make endorsements of political candidates and/or political or other ballot issues on any level. Letters, commentaries, opinions, advertisements and online posts appearing in the Cleveland Jewish News, on cjn.org or our social media pages do not necessarily reflect the opinions of the Cleveland Jewish Publication Company, its board, officers or staff.
Who warned Israel to stop building on land in the occupied Palestinian territories?
The administration under President Joe Biden had repeatedly warned Israel to halt its building on land in the occupied Palestinian territories.
Why did the US comment on Israeli settlements?
"We are deeply concerned about the Israeli government's plan to advance thousands of settlement units," Price told reporters.
Who called on Washington to confront Israel?
Palestinian Prime Minister Mohammed Shtayyeh had called on Washington to "confront" Israel on its settlement expansion.
Who is the right wing housing minister in Israel?
Israel's right-wing Housing Minister, Zeev Elkin, called the continued construction "essential to the Zionist vision" of strengthening Jewish presence in the West Bank.
What is the Biden administration opposing?
The Biden administration has said it "opposes" the advancement of Israeli settlements in the West Bank. The move is a shift from the open support of settlements from ex-President Trump.
The REAL Illegal Settlements
No, the real illegal settlements are not Jewish towns and cities in the land of Judea and Samaria. What is really illegal is the Arabs who build on land that is not theirs. They do so in the Israeli state. They do so WITHOUT permits.
Jews Are in Danger!
The Palestinian Arabs are illegally creating a state for themselves, on the ground, right around Jewish homes. THIS is the real threat to peace! The Arab illegal settlements that are being built without the condemnation of the UN is what is threatening peace in Israel as well as safety for the people of Israel.
Where are the settlements in the West Bank?
Facts About Jewish Settlements in the West Bank. The term “ Settlements ” usually refers to the towns and villages that Jews established in Judea and Samaria (the West Bank) and the Gaza Strip (prior to the disengagement) since Israel captured the area in the Six-Day War of 1967. In some cases, the settlements are in the same area ...
What percentage of the West Bank was annexed by Israel?
Instead of calling for the establishment of a Palestinian state in more than 90% of the West Bank, the plan envisioned a state in 70% and, rather than expecting Israel to dismantle and evacuate a majority of settlements, it approved of Israel’s annexation of all the settlements.
What did Israel do to Gaza?
Israel gave up all the territory it held in Gaza and evacuated some West Bank settlements without any agreement from the Palestinians , who now have complete authority over their population within Gaza. This offered the Palestinians an opportunity to prove that if Israel made territorial concessions, they would be prepared to coexist with their neighbor and to build a state of their own. Instead of trading land for peace, however, Israel exchanged territory for terror. Hamas came to power in the Palestinian Authority and instead of using the opportunity to build the infrastructure for statehood, the Gaza Strip became a scene of chaos as rival Palestinian factions vied for power. Terrorism from Gaza also continued unabated and Israeli towns have been repeatedly hit by rockets fired from the area Israel evacuated.
How many Jews will live in Israel in 2020?
In 2004, for example, Arnon Soffer, Israel’s most prominent demographer, forecast that in 2020 approximately 6,300,000 Jews would live in Israel, the West Bank, and Gaza combined while the Palestinian population would be 8,740,000 leaving the Jews as the minority (42% – down from the current 74%) in their own country.
How much of the West Bank is built up?
The overall area in dispute is very small. According to one organization critical of settlements, the built-up areas constitute only 1.7% of the West Bank. That is less than 40 square miles. Even if you add the unbuilt areas falling within the municipal boundaries of the settlements, the total area is only 152 square miles.
How many settlements are there in Israel in 2021?
The estimate for the Jewish population in 128 West Bank settlements at the beginning of 2021 was 475,481, roughly 5 percent of Israel’s total population.
What political parties supported Israel during the Six Day War?
Following Israel’s resounding victory over the Arab armies in the Six-Day War, strategic concerns led both of Israel’s major political parties - the Labor and Likud - to support and establish settlements at various times. The first settlements were built by Labor governments from 1968 to 1977, with the explicit objective to secure a Jewish majority in key strategic regions of the West Bank - such as the Tel Aviv - Jerusalem corridor - that were the scene of heavy fighting in several of the Arab-Israeli wars. In 1968, only five sparsely populated settlements existed beyond the Green Line.
When did Israel legalize settlements?
During the 1970s, Israel's Supreme Court regularly ruled that the establishment of civilian settlements by military commanders was legal on the basis that they formed part of the territorial defense network and were considered temporary measures needed for military and security purposes.
Why did Israel take control of the West Bank?
It has been argued that Israel took control of the West Bank as a result of a defensive war. Former Israeli diplomat Dore Gold writes that:
What was the Israeli law in 1967?
Shortly after independence, the Israeli Supreme Court ruled that the fundamental principles of international law, accepted as binding by all civilized nations , were to be incorporated in the domestic legal system of Israel. In the aftermath of the 1967 Six-Day War, Israel occupied the Sinai Peninsula, the Gaza Strip, West Bank, East Jerusalem and Golan Heights. Theodor Meron, at the time the Israeli government's authority on the topic of international law and legal counsel to the Israeli Foreign Ministry, was asked to provide a memorandum regarding the status in international law of proposed settlement of the territories, which he subsequently addressed to the Foreign Minister Abba Eban on 14 September 1967. He concluded that short-term military settlements would be permissible, but that "civilian settlement in the administered territories contravenes the explicit provisions of the Fourth Geneva Convention," adding that the prohibition on any such population transfer was categorical, and that "civilian settlement in the administered territories contravenes the explicit provisions of the Fourth Geneva Convention ." It follows from the presence on files of these notes, Gershom Gorenberg argues, that the Prime Minister at the time, Levi Eshkol, knew that Israeli settlements in the territories Israel had just occupied would violate international laws and that by that time Eshkol had been actively engaged in exploring the possibility of settling the newly conquered region. Meron's unequivocal legal opinion was marked top secret and not made public.
What did Ronald Reagan say about the settlements?
Notwithstanding the Hansell opinion, the official US position had been that the settlements are "an obstacle to peace". In February 1981, Ronald Reagan announced that he didn't believe that Israeli settlements in the West Bank were illegal. He added that "the UN resolution leaves the West Bank open to all people, Arab and Israeli alike". Hoping to achieve a peace deal, he nevertheless asked Israel to freeze construction calling the settlements an "obstacle to peace". The permissive attitude taken by America accelerated the pace of Israel's settlement programme. Reagan's view on the settlements legality was not held by the State Department. The George H.W. Bush, Clinton, and George W. Bush administrations did not publicly comment on the legality of Israeli settlements, but spoke publicly against them. Since the Clinton administration, the U.S. has continued to object to the settlements, calling them "obstacles to peace" and prejudicial to the outcome of final status talks. Although President Barack Obama and diplomatic officials in his administration have stated, "the United States does not accept the legitimacy of continued Israeli settlements," in February 2011 the U.S. vetoed a Security Council resolution that would have declared the settlements illegal. In December 2016, the U.S. abstained on a Security Council Resolution that declared that Israeli settlements are illegal and deemed their continuing construction a "flagrant violation" of international law. In abstaining, U.S. Ambassador Samantha Power stated, "Today the Security Council reaffirmed its established consensus that the settlements have no legal validity. The United States has been sending a message that settlements must stop privately and publicly for nearly five decades." This position was United States policy and had been stated by Secretary of State John Kerry and by the Johnson, Nixon, Ford, Carter, and Obama administrations. In November 2019, the Trump administration expressly repudiated the Hansell opinion and stated that the United States considered the status of the settlements as being "not inconsistent with" international law. Secretary of State Mike Pompeo also said: "The hard truth is that there will never be a judicial resolution to the conflict, and arguments about who is right and who is wrong as a matter of international law will not bring peace." However, Pompeo added that "the United States Government is expressing no view on the legal status of any individual settlement."
What article of the Geneva Convention is against the settlements?
Hansell concluded that the settlements are "inconsistent with international law", and against Article 49 of the Fourth Geneva Convention. The Hansell Memorandum found that " [w]hile Israel may undertake, in the occupied territories, actions necessary to meet its military needs and to provide for orderly government during the occupation, for the reasons indicated above the establishment of the civilian settlements in those territories is inconsistent with international law."
Which country has always affirmed the de jure applicability of the Fourth Geneva Convention?
The International Committee of the Red Cross in a declaration of December 2001 stated that "the ICRC has always affirmed the de jure applicability of the Fourth Geneva Convention to the territories occupied since 1967 by the state of Israel , including East Jerusalem".
When did the Israeli Supreme Court rule on settlements?
In 1978 and 1979 the Israeli Supreme court, prompted by the new government policies, ruled on two important cases that set out the requirements for Israeli settlement legality under international law.
Solidifying a permanent presence
Nearly 700,000 Israeli settlers are now living in illegal settlements in East Jerusalem and the West Bank, they stated.
Action from governments
The rapporteurs have welcomed criticism of the expansion plans, including by the United States and the European Union, though stressing “criticism without consequences means little in these circumstances.”
Role of UN rapporteurs
Mr. Lynk is the Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967, and Mr. Rajagopal is Special Rapporteur on adequate housing. They received their mandates from the UN Human Rights Council, which is based in Geneva.
