The construction and establishment of Jewish settlements in the West Bank is legal under both Israeli and international law, as well as justified on historical and ethical grounds, according to a new document drafted by the Foreign Ministry.
Are West Bank settlements illegal under international law?
A majority of Western legal scholars outside of Israel view the establishment of West Bank settlements as illegal under international law, as the state has deliberately refrained from annexing most of the territory captured during the 1967 Six Day War, and has not granted Palestinians in the region Israeli citizen rights.
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]
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.
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.
See more
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.
How many illegal settlements are there in Israel?
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.
Why is Israel building settlements in the West Bank?
Settlements are communities of Jews that have been moving to the West Bank since it came under Israeli occupation in 1967. Some of the settlers move there for religious reasons, some because they want to claim the West Bank territory as Israeli land, and some because the housing there tends to be cheap and subsidized.
How many settlers live 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.
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.
Is it ethical to move to Israel?
Despite this polarity, travel to Israel can be ethical, but it is important to be fully aware of the situation there, to balance your trip with a visit to the Palestinian territories, and to ensure that your visit doesn't support the Israeli state but rather local communities and small businesses.
How many illegal settlements are 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. If approved, it would be the biggest advancement of settlement plans since US President Joe Biden took office.
Who owned the West Bank before Israel?
West Bank, Arabic Al-Ḍaffah al-Gharbiyyah, Hebrew Ha-Gadah Ha-Maʿaravit, area of the former British-mandated (1920–47) territory of Palestine west of the Jordan River, claimed from 1949 to 1988 as part of the Hashemite Kingdom of Jordan but occupied from 1967 by Israel.
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.
When did Israel give up the West Bank?
It initially emerged as a Jordanian-occupied territory after the 1948 Arab–Israeli War, before being annexed outright by Jordan in 1950, and was given its name during this time based on its location on the left bank of the Jordan River....West Bank.Countries/territoriesState of Palestine, IsraelISO 3166 codePS, IL8 more rows
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.
How do Israeli settlements work?
According to the Israeli government, settlements are built on land not registered to Palestinians at the time of the 1967 war, unlike outposts, which are built on land that was registered to Palestinians (and are therefore illegal). Some outposts have been cleared while others were later legalized [source: Simons].
How many intifadas were there?
In the intifada's first year, Israeli security forces killed 311 Palestinians, of which 53 were under the age of 17. Over six years the IDF killed an estimated 1,162–1,204 Palestinians....First Intifada.Date8 December 1987 – 13 September 1993 (5 years, 9 months and 5 days)LocationWest Bank Gaza Strip Israel1 more row
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.
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.
Why is it impossible for Israel to occupy the West Bank?
For one thing, it was impossible for Israel to “occupy” Palestinian territories because no such nation has ever existed.
Where is the Jewish settlement of Ofra?
A view shows Palestinian houses in the village of Ein Yabrud with the Jewish settlement of Ofra seen in the background, in the Israeli-occupied West Bank, September 3, 2019. (Raneen Sawafta/Reuters)
Did Israel take the West Bank?
Israel spilled much blood taking the West Bank in self-defense from Jordan after that nation joined Egypt and Syria in the attempted destruction of Israel in 1967. Even then, Jordan had no legal claim to the territory. Israel offered 98 percent of the West Bank back right after the 1967 war, and on numerous occasions afterward.
What is the West Bank settlement?
An Israeli settlement in the West Bank. Israeli law in the West Bank settlements refers to application of Israeli law to Israeli settlements and Israeli civilians in Area C of the West Bank, a Palestinian territory under military occupation and therefore otherwise subject to military law. Some provisions are applied on a personal basis, ...
What is Israeli law in the West Bank?
An Israeli settlement in the West Bank. Israeli law in the West Bank settlements refers to application of Israeli law to Israeli settlements and Israeli civilians in Area C of the West Bank, a Palestinian territory under military occupation ...
What are some examples of Israeli settlements?
Examples include a 2004 case, Yinon Food Manufacturing and Marketing Ltd v. Qaraan, with respect to a dispute between a Palestinian and their Israeli-settlement-based employer, a 2006 Supreme Court case, Peace Now S.A.L. Educational Enterprises v. Supervisor of the Jewish Settlements in Judea and Samaria, summarized by Elyakim Rubinstein, and a 2007 Supreme Court case, Kav LaOved v. Jerusalem Labor Court, summarized by Eliezer Rivlin.
What is the outcome of the extraterritorial application of Israeli legislation on a personal basis?
In a 2009 report authored by Virginia Tilley, the South African Human Sciences Research Council wrote that "The outcome of the extraterritorial application of Israeli legislation on a personal basis, combined with the enclave law as described above, is that a settler lives within the framework of the West Bank law only in a very partial way".
What is the enclave law?
Application of the laws has created " enclaves " of Israeli law in the Israeli-occupied West Bank, and the term " enclave law " or " enclave-based justice " is used to describe the resulting legal system. In parallel, other portions of Israeli law, including Israeli criminal law, are applied to Israelis on a personal basis in the West Bank.
Who coined the term "enclave law"?
The term "enclave law" was coined in a 1987 article by Amnon Rubinstein, an Israeli scholar of constitutional law. Rubinstein noted regarding the legal system for the West Bank, that: once perceived as an 'escrow' under the rules of international law – that is as a trust – they have become a 'legal mongrel' and have gradually been incorporated in ...
Is there a dual system of laws for Israelis and Palestinians in the West Bank?
The existence of a dual system of laws for Israelis and Palestinians in the West Bank has been widely used as evidence by those who claim that Israel practices apartheid in the region.
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 ...
Who wrote the illegal settlement myth?
A very well-stated and accurate account of the actual legality of the settlements both historically and from a policy perspective can be found in a 2009 Commentary article by David M. Phillips entitled “ The Illegal Settlements Myth .”
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.
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.
Is Israel in the West Bank?
Authoritative experts who have declared Israel’s presence in the West Bank, East Jerusalem, and the Golan to be legal, include inter alia
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.
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:
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.
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.
Overview
Dual legal system
Through this system, Israeli settlers are subject to large portions of Israeli law whereas Palestinians are subject to a combination of Israeli military law and some local laws based on Jordanian law. In 1989, Eyal Benvenisti described how "through extensive military legislation, exterritorial application of Israeli legislation and Israeli court rulings" the border between Israel and the West Bank was no longer relevant for "almost all legal purposes that reflect Israeli interests", …
Implementation in practice
Territorial aspects of "enclave law" are implemented via a method called "pipelining". Under this method, Israeli Military Orders, which constitute the primary laws in the West Bank, apply Israeli laws specifically to the jurisdictions of the Israeli settlement local councils. This method is used to give Israeli ministries, such as the Israeli Ministry of Education and Israeli Health Ministry, jurisdiction over public facilities such as schools and hospitals in the territories.
Recent developments
In November 2014, a bill to require all new Israeli laws to consider their application to Israeli settlements was approved by the cabinet but opposed by Attorney General Yehuda Weinstein. In May 2016, the initiative was relaunched by Ayelet Shaked.
In December 2017, over 1,000 central committee members of Likud voted unanimously for "free construction and application of Israeli law and sovereignty in all liberated areas of settlement in …
Terminology
The term "enclave law" was coined in a 1987 article by Amnon Rubinstein, an Israeli scholar of constitutional law. Rubinstein noted regarding the legal system for the West Bank, that:
once perceived as an 'escrow' under the rules of international law – that is as a trust – they have become a 'legal mongrel' and have gradually been incorporated in practice into the realm of Israel's rule.
See also
• International law and Israeli settlements
• Extraterritoriality
• Regulation Law
Further reading
• ACRI (2014), One Rule, Two Legal Systems: Israel's Regime of Laws in the West Bank (PDF)
• Benveniśtî, Eyāl (1990). Legal dualism: the absorption of the occupied territories into Israel. Westview Press. ISBN 978-0-8133-7983-8.
• Rubinstein, Amnon (1988). "The Changing Status of the Territories (West Bank and Gaza): From Escrow to Legal Mongrel". Tel Aviv U. Stud. L. 8: 59.