is the practice of creating israeli settlements in palestine illegal

Is Israel building settlements in the Occupied Palestinian territories legal?

Israel's building of settlements in the Occupied Palestinian Territories is illegal under international law. Settlements are Jewish communities in historic Palestine built by the Zionist movement pre-1948 and thereafter by the state of Israel.

Why are Israeli settlements illegal in the Middle East?

The international community considers the establishment of Israeli settlements in the Israeli-occupied territories illegal under international law, violating Article 49 of the Fourth Geneva Convention of 1949 which states: "The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.".

What are the international legal opinions on Israeli settlements?

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, every government in the world, except Israel,...

Do Israel's West Bank settlements violate international law?

"Trump administration says Israel's West Bank settlements do not violate international law". The Washington Post. Retrieved 27 November 2019. "Disputed territories – Forgotten facts about the West Bank and Gaza strip". Israeli Ministry of Foreign Affairs. 1 February 2003. Domb, Fania (2007).

Are there illegal Israeli settlements?

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.

Why are there Israeli settlements in Palestine?

After the military assaults of 1948-'50, Zionist armed forces, subsequently transformed into the Israeli army, constructed Jewish settlements over the ruins of Palestinian towns and villages throughout the 78 percent of historic Palestine they controlled.

How many illegal settlements are there in Israel?

Israeli settlements are fortified, Jewish-only housing complexes built on Palestinian land in violation of international law. Between 600,000 and 750,000 Israeli settlers live in at least 250 illegal settlements in the West Bank and occupied East Jerusalem.

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.

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.

Who is illegally occupying Palestine?

Israel“There is today in the Palestinian territory occupied by Israel since 1967 a deeply discriminatory dual legal and political system that privileges the 700,000 Israeli Jewish settlers living in the 300 illegal Israeli settlements in East Jerusalem and the West Bank,” said Michael Lynk, the UN Special Rapporteur for the ...

Are Israeli settlements in West Bank 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.

What land has Israel taken from Palestine?

More than 50 years ago, the state of Israel shocked the world when it seized the remaining Palestinian territories of the West Bank, East Jerusalem, Gaza Strip, as well as the Syrian Golan Heights and the Egyptian Sinai Peninsula, in a matter of six days.

Are there Israeli settlements in Gaza?

According to the report of the Security Council Commission established under resolution 446 (1979): "Between 1967 and May 1979, Israel has established altogether 133 settlements in the occupied territories, consisting of 79 in the West Bank, 29 in the Golan Heights, 7 in the Gaza Strip and 18 in the Sinai.

How many Israelis live in Palestinian lands?

Roughly 10 percent of Israel's 6.8 million Jewish population lives in these occupied Palestinian territories. Despite being outside of Israel proper, these settlers are granted Israeli citizenship and receive government subsidies that significantly lower their cost of living.

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.

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.

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".

What are the settlements in Palestine?

Settlements are Jewish communities in historic Palestine built by the Zionist movement pre-1948 and thereafter by the state of Israel. These communities can range in size from single-person outposts to entire cities. One of the first settlements built by Zionists was Tel Aviv in the early 20th century. Eventually, as Jewish immigration from Europe increased, Zionists began acquiring more plots of land for settlement. After the military assaults of 1948-’50, Zionist armed forces, subsequently transformed into the Israeli army, constructed Jewish settlements over the ruins of Palestinian towns and villages throughout the 78 percent of historic Palestine they controlled. After launching another war in 1967 in which Israel captured the remaining 22 percent of historical Palestine – the West Bank including East Jerusalem and the Gaza Strip – Israel immediately began constructing Jewish-only settlements in the newly-occupied territories. The UN has condemned settlements in the Occupied Palestinian Territories in multiple resolutions and votes, declaring them to be illegal under international law. The number of settlers living in occupied East Jerusalem and the West Bank has grown to nearly 600,000. Settlements in occupied East Jerusalem and the West Bank are connected to each other and to Israel through bypass roads that circumvent Palestinian areas. Israeli settlers in the occupied West Bank are allowed to carry weapons, and often attack Palestinians and their buildings and farmland. Israel continues to expand existing settlements, as well as annexing more Palestinian land to build new settlements. The cumulative effect has been to deny Palestinians the ability to create a viable state in even a small part of historic Palestine.

What percentage of Palestine did Israel capture?

After launching another war in 1967 in which Israel captured the remaining 22 percent of historical Palestine – the West Bank including East Jerusalem and the Gaza Strip – Israel immediately began constructing Jewish-only settlements in the newly-occupied territories.

How are settlements connected to each other?

Settlements in occupied East Jerusalem and the West Bank are connected to each other and to Israel through bypass roads that circumvent Palestinian areas. Israeli settlers in the occupied West Bank are allowed to carry weapons, and often attack Palestinians and their buildings and farmland.

Does Israel expand settlements?

Israel continues to expand existing settlements, as well as annexing more Palestinian land to build new settlements. The cumulative effect has been to deny Palestinians the ability to create a viable state in even a small part of historic Palestine. MORE ABOUT "SETTLEMENTS". BACK TO DEFINITIONS.

Stopping Trade With Illegal Israeli Settlements

Our initiative demands a law that prohibits trade with all illegal settlements, present and future. This general rule would of course also apply to trade with illegal Israeli settlements.

As a result of these breaches

As a result of these breaches, all states and the United Nations have continuously emphasized that settlements are illegal. Because of the seriousness of their illegality, international law mandates other states to not recognize or assist these violations.

Stopping trade with settlements should not be considered as a sanction

Importantly, stopping trade with settlements should not be considered as a sanction. Sanctions are ‘positive’ obligations that explicitly target a specific country and are withdrawn when a violation is stopped. They are optional or obligatory in response to a UN Security Council resolution.

Academic post by Tom Moerenhout

This peer-reviewed academic post in the European Journal of International Law (2017) explains international law and how the consequence of UN Security Council Resolution 2334 on Settlements is that states have to stop trade with settleme...

Apartheid report by UNESCWA

This report by the United Nations Economic and Social Commission for Western Asia confirms that Israel has established an apartheid regime that oppresses and dominates the Palestinian people as a whole. This official UN report was eventu...

Academic Article by John Dugard and John Reynolds

This peer-reviewed academic article in the European Journal of International Law presents legal evidence that the situation in the West Bank, including Israel’s settlement enterprise, constitutes Apartheid.

Open letter calling for an end of EU trade with illegal settlements

This open letter by over 40 legal experts confirms that trading with Israeli settlements is illegal and calls on legislators in both the European Union and individual Member States to withhold from trading with them.

What are the Israeli settlements?

Israeli settlements are one of the core and most insidious issues in the Palestinian-Israeli conflict. Settlements are the most emblematic symbol of the discriminatory system that Palestinian people are facing on an ongoing basis since 1948. They have a devastating impact on Palestinians’ human rights, as well as on their social and economic well-being.

What is settlement in Israel?

In the context of the West Bank, the term “Israeli settlement” refers to civilian communities of Jewish people with Israeli citizenship. The size of these communities can vary from small villages to big towns. They can also take many different forms, such as rural, urban, community and cooperative settlements [1].

What is Israel's policy on building houses?

Israel has the practise of ordering the eviction of Palestinians from their houses in order to replace them with settlers [46], of demolishing Palestinian houses in order to build houses for settlers and of denying of building permits to Palestinians in order to maintain the “Jewishness” of an area .

What is the law that confiscates Palestinian property?

The legal mechanism that has been used by Israel in order to confiscate Palestinian properties for its own use is the Absentees’ Property Law . Under the law, “property” includes immovable and movable property, moneys, a vested or contingent right in property, goodwill and any right in a body of persons or in its management. The law states that the properties of any absentee [41] will be taken and transferred to the control of the Custodian for guardianship until a political solution for the refugee problem was reached. Although a theoretical possibility was recognized for absentees to acquire the property back after confiscation, this was impracticable in the majority of the cases [42]. The Absentee Property Law has also been used over the years as a tool by Israeli settler associations for the takeover of Palestinian owned properties in East Jerusalem [43].

What is the human rights law?

Human rights law lays down rights, principles and obligations that States are bound to respect; the right to equality and freedom from discrimination constitutes one of the fundamental human rights principle [31].

How did settlements affect the West Bank?

Settlements have had the practical effect of dividing up and fragmenting the West Bank territory, affecting the demographic composition of the territory . By the end of 2017, 132 units of settlements and 106 outposts units were estimated inside the West Bank territory, Jerusalem excluded, with more than four hundred thousand settlers living inside [56]. This means that thirteen percent of the population living in the West Bank is composed of settlers. In addition, settlements have led to a lack of sovereignty over natural resources, such as land and water, as described above.

Where are the settlements in the West Bank?

Settlements have been built not only inside the West Bank Territory (including East Jerusalem) but also within the Syrian territory [2] in the Golan Heights. Those settlements that had had built in the Gaza Strip where removed in 2005 by a controversial decision of Prime Minister Ariel Sharon [3] . In the West Bank, settlements are mainly located in “Area C” [4], under the full Israeli civil administration and security control; they are partly built on Palestinian private lands.

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