how are the settlements described according to international law

In International Law, there have been two methods devised for settling legal disputes- amicable or pacific means of settlement, and coercive or compulsive means of settlement. Click Above Amicable Means (Pacific Means)

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What are the methods of settlement in international law?

In International Law, there have been two methods devised for settling legal disputes- amicable or pacific means of settlement, and coercive or compulsive means of settlement. Historically International Law has been regarded as an international community to ensure the establishment and preservation of global peace and security.

Are Israeli settlements illegal under international law?

Most states and international bodies have long recognized that Israeli settlements are illegal under international law.

What is the process of judicial settlement?

Judicial Settlement Judicial settlement is the process of solving a dispute by the ‘international tribunal’ in accordance with the rules set by the International Law. Here it is important to understand the expression ‘international tribunal.’ A tribunal acquires an international status because of its jurisdiction.

What is the importance of peaceful settlement of international disputes?

Hence settlement of international disputes by peaceful means plays a vital role in international relations. International law provides an important insight into the peaceful settlement of disputes. One of the basic functions of international law is to settle international disputes peacefully.

Are settlements against international law?

In 2004, an advisory opinion by the primary judicial organ of the UN, the International Court of Justice, also found the settlements to be illegal under international law.

What international laws has Israel broken?

Laws Violated: Israel has violated 28 resolutions of the United Nations Security Council (which are legally binding on member-nations U.N. Charter, Article 25 (1945); a few sample resolutions - 54, 111, 233, 234, 236, 248, 250, 252, 256, 262, 267, 270, 280, 285, 298, 313, 316, 468, 476, etc.

How many Israeli settlements are there?

Today they total around 400,000 and live in about 130 separate settlements (this doesn't include East Jerusalem, which we'll address in a moment). They have grown under every Israeli government over the past half-century despite consistent international opposition.

Is Gaza occupied under international law?

Although the United Nations still maintains that Gaza is occupied, under both the literal and interpreted applications of the definition of occupation— characterized by what is termed “effective control”—Gaza is not occupied territory pursuant to the standards set forth in international law and doctrine.

Which UN members do not recognize Israel?

28 UN member states do not recognize Israel: 15 members of the Arab League (Algeria, Comoros, Djibouti, Iraq, Kuwait, Lebanon, Libya, Mauritania, Oman, Qatar, Saudi Arabia, Somalia, Syria, Tunisia, and Yemen); ten non-Arab members of the Organization of Islamic Cooperation (Afghanistan, Bangladesh, Brunei, Indonesia, ...

Who sets international law?

Since most international law is governed by treaties, it's usually up to the individual nations to enforce the law. However, there are a few international organizations that enforce certain treaties. The most notable example is the United Nations, which has 192 member states.

What are Israeli settlements called?

Israeli coloniesIsraeli settlements, or Israeli colonies, are civilian communities inhabited by Israeli citizens, overwhelmingly of Jewish ethnicity, built on lands occupied by Israel in the 1967 Six-Day War.

What are settlements in history?

Settlements may include hamlets, villages, towns and cities. A settlement may have known historical properties such as the date or era in which it was first settled, or first settled by particular people.

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”.

What is Article 49 of the Geneva Convention?

Article 49 of the Fourth Geneva Convention states: “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” It also prohibits the “individual or mass forcible transfers, as well as deportations of protected persons from occupied territory”.

Are Israeli settlements in West Bank illegal?

The Arguments Claiming Settlements Are Illegal The United Nations General Assembly and Security Council, the International Court of Justice, as well as the international community in general have stated Israeli settlements violate the Geneva Conventions and international humanitarian laws.

Why is Israel occupying the 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.

How many UN resolutions has Israel violated?

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.

What human rights has Israel violated?

Israel's continued policies and practices had resulted in flagrant human rights violations and abuses, including brutalisation of children, torture, forcible transfers, and colonisation of land.

Does Israel continue to violate international law today?

Israel continues to flout international law and violate the human rights of the Palestinian people - Letter from Palestine - Question of Palestine.

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.

What is the status of settlements under international law?

STATUS OF SETTLEMENTS UNDER INTERNATIONAL LAW. Israel’s policy of settling its civilians in occupied Palestinian territory and displacing the local population contravenes fundamental rules of international humanitarian law.

How did the expansion of settlements affect the Palestinians?

Violations of the right to earn a decent living through work: The expansion of settlements has reduced the amount of land available to Palestinians for herding and agriculture, increasing the dependency of rural communities on humanitarian assistance. Settler violence and the destruction of Palestinian-owned crops and olive trees have damaged the livelihoods of farmers. The UN has reported that in Hebron city centre, the Israeli military has forced 512 Palestinian businesses to close, while more than 1,000 others have shut down due to restricted access for customers and suppliers.

What are the violations of the rights of Palestinians?

Violations of the rights to equality and non-discrimination: Systematic discrimination against Palestinians is inherent in virtually all aspects of Israel’s administration of the OPT. Palestinians are also specifically targeted for a range of actions that constitute human rights violations. The Israeli government allows settlers to exploit land and natural resources that belong to Palestinians. Israel provides preferential treatment to Israeli businesses operating in the OPT while putting up barriers to, or simply blocking, Palestinian ones. Israeli citizens receive entitlements and Palestinians face restrictions on the grounds of nationality, ethnicity and religion, in contravention of international standards.

What are the rights of Israel?

States have a duty to respect, protect and fulfil the human rights of people under their jurisdiction, including people living in territory that is outside national borders but under the effective control of the state. The ICJ confirmed that Israel is obliged to extend the application of the International Convention on Civil and Political Rights, the International Convention on Economic, Social and Cultural Rights and other treaties to which it is a state party to people in the OPT. Israel is a state party to numerous international human rights treaties and, as the occupying power, it has well defined obligations to respect, protect and fulfil the human rights of Palestinians.

What are the violations of the right to access an effective remedy for acts violating fundamental rights?

Violations of the right to access an effective remedy for acts violating fundamental rights: Israel’s failure to adequately investigate and enforce the law for acts of violence against Palestinians, together with the multiple legal, financial and procedural barriers faced by Palestinians in accessing the court system, severely limit Palestinians’ ability to seek legal redress. The Israeli High Court of Justice has failed to rule on the legality of settlements, as it considered the settlements to be a political issue that that it is not competent to hear.

Which article of the Geneva Convention prohibits the deportation of civilians?

Article 49 of the Fourth Geneva Convention states: “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.”. It also prohibits the “individual or mass forcible transfers, as well as deportations of protected persons from occupied territory”.

Is appropriation of property a crime?

The unlawful appropriation of property by an occupying power amounts to “pillage”, which is prohibited by both the Hague Regulations and Fourth Geneva Convention and is a war crime under the Rome Statute of the International Criminal Court and many national laws.

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."

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."

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".

What is judicial settlement?

Judicial settlement is the process of solving a dispute by the ‘international tribunal’ in accordance with the rules set by the International Law. Here it is important to understand the expression ‘international tribunal.’ A tribunal acquires an international status because of its jurisdiction. At the present day, the International Court of Justice, although not the only tribunal but it is indeed the most important tribunal around the globe. There are ad hoc tribunals and mixed commission also. It is important to note that the International Tribunal is different from the Municipal Tribunal. As the name suggests, International Tribunal applies International Law and similarly Municipal Laws are applied by Municipal Tribunal.To what extent can International Laws be applied by the Municipal tribunal depends entirely on the relationship between the fields of law. Arbitration and settlement of disputes by International Law have become two very important modes of settlement of disputes today.

Why is international law important?

Historically International Law has been regarded as an international community to ensure the establishment and preservation of global peace and security. The basic objective of the creation of the League of Nations, 1919 and the United Nations 1945 has been the maintenance of international peace and security.

What are some examples of conciliation commissions?

In 1952, the Belgo-Danish Commission and the 1956 Greco-Italian Conciliation Commission were the key examples of the appointment of a conciliation commission for the settlement of disputes with reference to International Law.

Why do international disputes get stuck?

A majority of International disputes get stuck because of the unwillingness and inability of the parties to agree to the facts.

What is the meaning of Article 2 Para 3?

Article 2 para 3 of the UN Charter provides that all international disputes must be settled by the member by peaceful means while maintaining international peace, security, and ensuring justice is not endangered. The Charter under Article 33, Para 1 enumerates a number of means for the peaceful settlement of disputes.

What is the purpose of the Permanent Court of International Justice?

Which means before the creation of the International Court of Justice, disputes of the parties were to be settled by the Permanent Court of International Justice. Its jurisdiction depends entirely on the willingness of the parties involved. This along with arbitration is commonly known as the judicial way of settling a dispute. Consent of the parties is a prerequisite for the cases to be heard in the ICJ. While the judges of the court are appointed by the General Assembly and the Security Council of the United Nations, the arbitrators are appointed by the parties themselves. There are three ways by which the International Court of Justice resolves the cases are that brought before it:

What is arbitration in law?

Arbitration is the process of using the help, advice and recommendation of a third party called arbitrator to settle disputes. The International Law Commission defines it as ‘a procedure for the settlement of disputes between states by a binding award on the basis of law and as a result of a voluntarily accepted undertaking’. Owing to its tendency to blend civil law procedure and common law procedure, International arbitration is sometimes also referred to as a hybrid form of international dispute resolution. The International Court of Justice in the case of Qatar v. Bahrain, stated that the word arbitration for the purpose of international law, usually refers to ‘the settlement of disputes between states by judges of their own choice’.

What is the method of settlement of international disputes?

This method is known as judicial settlement, which has been mentioned as one of the methods for the peaceful settlement of international disputes in Article 33 of the Charter of United Nations.

What is the function of international law?

One of the basic functions of international law is to settle international disputes peacefully. To sustain peace at the international level, proper peacekeeping mechanisms and development of procedures is a pre-requisite. Settlement of disputes by peaceful means covers a wide range of issues. As an aftereffect of the Second World War, ...

What is the purpose of international arbitration?

According to the 1899 and 1907, Hague Conventions for the Pacific Settlement of International Disputes, the purpose of international arbitration for the settlement of disputes between States is a peaceful settlement and the arbitrators to be chosen by the parties themselves by respecting the law.

Why is peaceful settlement important?

The peaceful settlement of disputes is widely considered essential both in the interest of preventing lethal armed conflicts and bloodsheds and countering the rise of radical ideologies and ethno-nationalisms. The origins of this principle date back to the first Hague Peace Conference, 1899 and the second Hague Peace Conference, ...

How did the United Nations help the world after the Second World War?

As an aftereffect of the Second World War, the United Nations fixated themselves on eradicating bloodsheds and war and establishing worldwide peace through peaceful ways of resolution of conflicts and settlement of disputes. The peaceful settlement of disputes and conflict prevention are intertwined.

Why is international law important?

International law advocates for worldwide peace and brotherhood. While international law can and should be used as an important means to resolve a dispute instead of using political or military powers. International law plays a significant role in resolving disputes peacefully and amicably.

What is the ICJ case in Nicaragua vs Honduras?

Honduras (also known as Border and Transborder Armed Actions), the ICJ ruled that the court is only concerned with cases involving a legal dispute in the sense of a dispute capable of being solved within the applications and purview of international law.

What is the purpose of the settlement regulation law?

In 2017, the Netanyahu government supported the adoption of the Settlement Regulation Law, which aims to “legalize” Israeli settlements built on private Palestinian land by way of retroactive expropriation. 33 Article 1 of the Regulation Law makes it clear that its primary objective is “to regulate Israeli settlement in Judea and Samaria [the West Bank] and to allow its continued establishment and development ” (emphasis added). 34 The law appears to have endorsed the controversial findings of the 2012 Levy report, 35 which recommended, inter alia, that security legislation be amended to enable Israelis to purchase West Bank land directly, rather than through a corporation registered in the territory. Prior to making this recommendation, the report concluded that “the provisions of the 1949 Fourth Geneva Convention, regarding transfer of populations, cannot be considered applicable, and were never intended to apply to the type of settlement activity carried out by Israel in Judea and Samaria.” 36

What is the West Bank settlement?

Secretary of State Mike Pompeo announced that “The establishment of Israeli civilian settlements in the West Bank is not per se inconsistent with international law.” 1 The statement caused international outrage as it marked a dramatic departure from previous U.S. statements on the legality of Israel’s West Bank settlements going back decades, and was widely seen as a political gift from one politician mired in legal trouble to another. 2 Israel’s settlements have long been considered contrary to international law as they violate Article 49, paragraph 6, of the Fourth Geneva (Civilians) Convention (1949), according to which “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” 3

What was Pompeo's announcement about the settlements?

deadline for the submission of its counter-memorial to the ICJ in Palestine v. United States of America, in which Palestine is challenging the legality of the Trump Administration’s decision to move the U.S. embassy from Tel Aviv to Jerusalem. 19 The case could be significant, as the Court might say something about the status of the territories occupied by Israel since 1967 and whether a Palestinian state exists where Israel has established over two hundred settlements in East Jerusalem and the West Bank. 20

What is the ICC's jurisdiction in Palestine?

The matter of Israeli settlements is now in the hands of the ICC Prosecutor, who has requested Pre-Trial Chamber 1 to rule on the scope of the Court’s territorial jurisdiction in the situation in Palestine and to confirm that the “territory” over which the Court may exercise its jurisdiction under the ICC Statute comprises the West Bank, including East Jerusalem and the Gaza Strip. 48 The Prosecutor has asked the Pre-Trial Chamber to issue its ruling within 120 days. It remains to be seen whether the government of Israel will make an appearance before the Pre-Trial Chamber or whether it will rely on the submissions made by a number of amicus curiae to the Chamber, some of whom previously worked for the Israeli government. 49 On the same day the ICC Prosecutor made public its report, Israel’s Attorney General published a document which claimed that:

Status of Settlements Under International Law

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Settlements, Discrimination and Human Rights Violations

Sustained International Condemnation

Overview

International legal opinions

At present, based on the result of numerous UN resolutions that cite Article 49 of the Geneva Convention, the consensus view of the international community is that Israeli settlements are illegal and constitute a violation of international law. According to the BBC, as of 2008 every government in the world, except Israel, considered the settlements to be illegal. In November 2019, the United States said that it no longer views them as inconsistent with international law.

Background

Status of the territories

Legal arguments

Unauthorized or illegal outposts

See also

Notes