Are Israeli settlements on the West Bank inconsistent with international law?
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. Ahmad Gharabli/Agence France-Presse — Getty Images
Are the settlements in the West Bank and Gaza Strip legitimate?
They added that the settlements in the West Bank and Gaza Strip were recognised as legitimate by the Mandate for Palestine adopted by the League of Nations, and that the only administration that completely prohibited Jewish settlement was that of Jordan from 1948 to 1967.
Are the West Bank and East Jerusalem occupied territory?
Under international law, both the West Bank and East Jerusalem are considered occupied territory and settlements there illegal, which Israel disputes. On Thursday, twelve European countries urged Israel to "reverse its decision" in a joint statement.
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.
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Are there illegal Israeli 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.
How many illegal settlements are there in the West Bank?
Between 600,000 and 750,000 Israeli settlers live in at least 250 illegal settlements in the West Bank and occupied East Jerusalem.
Is Israel illegally taking land?
For the last 50 years, Israel has been forcing thousands of Palestinians off their land, occupying and illegally using it to create settlements that exclusively house Jewish Israeli settlers. Entire Palestinian communities have been displaced by these settlements.
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.
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”.
Why is Israel entitled to the land?
Jewish religious belief defines the land as where Jewish religious law prevailed and excludes territory where it was not applied. It holds that the area is a God-given inheritance of the Jewish people based on the Torah, particularly the books of Genesis and Exodus, as well as on the later Prophets.
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.
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.
Are Israeli settlements a war crime?
Lynk said the Israeli settlements violate the absolute prohibition against the transfer by an occupying power of parts of its civilian population into an occupied territory. The international community designated this practice as a war crime when it adopted the Rome Statute in 1998.
How many times has the UN condemned Israel?
As of 2013, the State of Israel had been condemned in 45 resolutions by the United Nations Human Rights Council (UNHRC). Since the UNHRC's creation in 2006, it has resolved almost more resolutions condemning Israel alone than on issues for the rest of the world combined.
Has Israel ever committed war crimes?
It concluded that the Israel Defense Forces (IDF) and Palestinian armed groups committed war crimes and possibly crimes against humanity. On 16 October 2009, the UN Human Rights Council endorsed the report.
Is Israel taking land?
Israel has used a complex legal and bureaucratic mechanism to take control of more than fifty percent of the land in the West Bank. This land was used mainly to establish settlements and create reserves of land for the future expansion of the settlements.
What land is Israel occupying?
The Occupied Territories, which include the West Bank, East Jerusalem, and the Gaza Strip, are subject to the jurisdiction of Israel and the Palestinian Authority (PA), with the division of responsibilities overlapping in much of the territory.
How much land has Palestine lost to Israel?
During and immediately following the state's creation in 1948, Israel expropriated approximately 4,244,776 acres of Palestinian land. In the process, more than 400 Palestinian cities and towns were systematically destroyed by Israeli forces or repopulated with Jews.
What was the Alstom case?
The case arose after Palestinian groups sued the French industrial conglomerate Alstom over its role in the construction of a light-rail line in Jerusalem. The Palestinians lost in the court of first instance, and the Versailles court upheld the lower court’s judgment. The case didn’t go further.
What did the Paris conference mean for the Middle East?
As with so many of the Obama Administration’s Middle East peace efforts, the Paris conference makes untenable territorial demands on Israel and gives Palestinians the hope that they can achieve their aims without making compromises. Israeli Prime Minister Benjamin Netanyahu dismissed the conference as “useless,” while the U.K. refused to accept its closing declaration calling for a final-status agreement that would “fully end the occupation that began in 1967.”
What was the West Bank before 1948?
First, one needs to know the history of the area now known as the West Bank, and before 1948 was known as Judea and Samaria. Here is a good illustration and explanation of the legal and historical facts: The best summary of sources that answer the question of the legality of the settlements in the disputed territories has been produced by Maurice ...
Why is the Paris conference nonsense?
The French court makes a nonsense of that judgment simply by looking at what the Geneva Conventions say, rather than basing its judgment on a legally meaningless “international consensus.”
Will Israel ever return to its borders?
The reality is that Israel will never return to those borders, and no Palestinian state is going to come into existence so long as it is run by kleptocrats in the West Bank and jihadists in Gaza. The next time a similar conference is organized, it would do better to address Palestinian capacity for responsible self-government rather than offer legally dubious claims against Israeli settlements.
Who wrote the basic equities of the Palestine problem?
Simon H. Rifkind, Judge of the United States District Court, New York who wrote an in depth analysis “The basic equities of the Palestine problem” (Ayer Publishing, 1977) that was signed by Jerome N. Frank, Judge of the United States Circuit Court of Appeals Second Circuit; Stanley H. Fuld, Judge of the Court of Appeals of the State of New York; Abrahan Tulin, member of the New York Bar; Milton Handler, Professor of law, Columbia University; Murray L. Gurfein, member of the New York Bar; Abe Fortas, former Undersecretary of Interior of the United States and Lawrence R. Eno, member of the New York Bar. They jointly stated that justice and equity are on the side of the Jews in this document that they described as set out in the form of a lawyer’s brief.
Do Jewish settlements violate the Geneva Conventions?
In 2013 the French Court of Appeals in Versailles ruled that, contrary to Palestinian arguments, Jewish settlements don’t violate the Geneva Conventions’ prohibition against an occupying power transferring “its civilian population into the territory it occupies.” The law, the court held, bars government efforts to transfer populations. But it doesn’t bar private individuals settling in the disputed territories.
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.
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 ...
Why did Jews move to the West Bank?
A third group of Jews who are today considered “settlers,” moved to the West Bank primarily for economic reasons ; that is, the government provided financial incentives to live there, and the towns were close to their jobs.
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.
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.
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.
Which country has the strongest claim to the West Bank?
The Palestinians never had sovereignty in the West Bank whereas the Jews did for hundreds of years; therefore, “Israel has the strongest claim to the land,” according to legal scholar Eugene Kontorovich. “International law holds that a new country inherits the borders of the prior geopolitical unit in that territory.
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."
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:
Why did the Red Cross use the "portions of its own population" clause?
According to Jean Pictet of the International Committee of the Red Cross, this clause intended to prevent the World War II practice of an occupying power transferring "portions of its own population to occupied territory for political and racial reasons or in order, as they claimed, to colonize those territories", which in turn "worsened the economic situation of the native population and endangered their separate existence as a race".
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.
