Settlement FAQs

what are israeli settlements un

by Dora Rau Published 3 years ago Updated 2 years ago
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Israeli settlements are Jewish Israeli civilian communities built on Palestinian

Palestinian National Authority

The Palestinian National Authority is the interim self-government body established in 1994 following the Gaza–Jericho Agreement to govern the Gaza Strip and Areas A and B of the West Bank, as a consequence of the 1993 Oslo Accords. Following elections in 2006 and the subsequent …

lands occupied by Israel since the 1967 Six-Day War. Resolution 2334 concerns such settlements in the West Bank and East Jerusalem

East Jerusalem

East Jerusalem or Eastern Jerusalem is the sector of Jerusalem that was occupied by Jordan during the Arab–Israeli War, as opposed to the western sector of the city, West Jerusalem, which was occupied by Israel. Since the 1967 Arab-Israeli War, East Jerusalem has been, along with the res…

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Full Answer

What is considered a settlement in Israel?

Israeli settlement, any of the communities of Israeli Jews built after 1967 in the territories occupied by Israel after the Six-Day War —the West Bank, the Gaza Strip, the Golan Heights, and the Sinai Peninsula. Most, but not all, were authorized and supported by the Israeli government.

What does the UN say about Israeli settlements in Occupied Palestinian territory?

The longstanding position of the UN regarding Israeli settlements in Occupied Palestinian Territory – that they are in breach of international law – is unchanged, Spokesperson Stéphane Dujarric said during a press briefing on Tuesday in New York, reacting to the policy reversal announced by the United States.

Do Israel's settlements violate international law?

BBC News. 19 February 2011. "Israel's Settlements Have No Legal Validity, Constitute Flagrant Violation of International Law, Security Council Reaffirms: 14 Delegations in Favour of Resolution 2334 (2016) as United States Abstains". UN. 23 December 2016. Retrieved 25 December 2016. "Israel's Settlements- Their Conformity with International Law".

Did the UN Security Council rebuke US on Israel settlements?

"UN Security Council members rebuke US on Israel settlements". Associated Press. Retrieved 9 December 2019. Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (PDF). International Court of Justice. 9 July 2004. Leverett, Flynt; Leverett, Hillary Mann (1 July 2009). "A Road Map to Nowhere". Foreign Policy.

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What does settlement mean in Israel?

Israeli settlement, any of the communities of Israeli Jews built after 1967 in the territories occupied by Israel after the Six-Day War—the West Bank, the Gaza Strip, the Golan Heights, and the Sinai Peninsula. Most, but not all, were authorized and supported by the Israeli government.

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.

Why does Israel have settlements?

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 are the UN Israelis and Palestinians divided?

In 1947, the UN General Assembly voted in favour of partitioning Palestine between Jews and Palestinians. Yet after the 1948 war, only 22 percent was left for the Palestinians: the West Bank and Gaza Strip. This remaining 22 percent was later occupied by Israel in 1967.

Is Israel occupying Palestine land?

BACKGROUND: Palestinian territory – encompassing the Gaza Strip and West Bank, including East Jerusalem – has been illegally occupied by Israel since 1967.

How many settlements does Israel have?

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.

Why is Israel occupying the Palestinian territories?

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.

When did Israel take Palestine?

Since the occupation first began in June 1967, Israel's ruthless policies of land confiscation, illegal settlement and dispossession, coupled with rampant discrimination, have inflicted immense suffering on Palestinians, depriving them of their basic rights.

What was Israel before 1948?

The region was ruled under the British Mandate for Palestine until 1948, when the Jewish State of Israel was proclaimed in part of the ancient land of Israel. This was made possible by the Zionist movement and its promotion of mass Jewish immigration.

Why Palestine is not a member of UN?

2015-2020 and Recognition By September 2012, with their application for full membership stalled due to the inability of Security Council members to 'make a unanimous recommendation', the Palestine Authority had decided to pursue an upgrade in status from "observer entity" to "non-member observer state".

Does the US recognize Palestine as a country?

While the U.S. does not recognize the State of Palestine, it recognizes the Palestine Liberation Organization (PLO) as the legitimate representative entity for the Palestinian people; following the Oslo Accords, it recognized the Palestinian National Authority as the legitimate Palestinian government of the Palestinian ...

Why did the UN fail to create a Palestinian state?

Why did the UN fail in its plan to create a Palestinian state in the late 1940s? The Palestinians objected to receiving only part of the mandate of Palestine. Why has Jerusalem been a stumbling block in peace negotiations between arabs and Israelis?

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.

Is the PLO the same as Hamas?

Moreover, Hamas, the largest representative of the inhabitants of the Palestinian Territories alongside Fatah, is not represented in the PLO at all.

What does intifada stand for?

Definition of intifada : uprising, rebellion specifically : an armed uprising of Palestinians against Israeli occupation of the West Bank and Gaza Strip I was a college student at Tufts University in December 1987, when the first Palestinian intifada began. —

Who were the first settlers in Israel?

3,000 to 2,500 B.C. — The city on the hills separating the fertile Mediterranean coastline of present-day Israel from the arid deserts of Arabia was first settled by pagan tribes in what was later known as the land of Canaan. The Bible says the last Canaanites to rule the city were the Jebusites.

What is an Israeli settlement?

Israeli settlement. Encyclopaedia Britannica's editors oversee subject areas in which they have extensive knowledge, whether from years of experience gained by working on that content or via study for an advanced degree.... Israeli settlement, any of the communities of Israeli Jews built after 1967 in the disputed territories captured by Israel in ...

Where is Israel located?

Israel, country in the Middle East, located at the eastern end of the Mediterranean Sea. It is bounded to the north by Lebanon, to the northeast by Syria, to the east and southeast by Jordan, to the southwest by Egypt,…

How many people lived in settlements in 1993?

Settlements continued to expand in the decades that followed, and by 1993 there were more than 280,000 people living in settlements (130,000 if East Jerusalem is excluded).

What was the purpose of the settlements in the Jordan Valley?

Israel’s political and defense establishments, meanwhile—inspired in part by the peace plan of Yigal Allon, the deputy prime minister (1967–77)—spurred the development of settlements in strategic locations such as the Jordan Valley that would bolster Israel’s security and strengthen its hand in negotiations .

When were the settlements in the Sinai Peninsula evacuated?

Settlements in the Sinai Peninsula were either dismantled or evacuated in 1982, and settlements in the Gaza Strip were dismantled in 2005. It is disputed, moreover, whether communities in the formally annexed territories of East Jerusalem (part of the West Bank territory under Jordanian rule from 1949 to 1967) and the Golan Heights constitute ...

How many settlers were there in 2019?

Despite the agreement, settlement building proliferated, especially in the West Bank, and in 2019 the number of settlers reached nearly 630,000 (413,000 if East Jerusalem is excluded). Most of these newer settlers were motivated less by reasons of ideology or recovering lost property, however, than by cheaper housing and financial incentives ...

Where is Gilo in the West Bank?

Since 2005 these communities have existed almost exclusively in the West Bank, with a handful located in the Golan Heights.

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.

Which convention applies to Israeli settlements?

The United Nations Security Council, the United Nations General Assembly, the International Committee of the Red Cross, the International Court of Justice and the High Contracting Parties to the Convention have all affirmed that the Fourth Geneva Convention applies to Israeli settlements. Numerous UN resolutions and prevailing international opinion ...

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."

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 did the US decide to do with the Israeli settlements?

The US decision to ‘jettison international law” had, said Mr. Lynk, legitimized the illegal Israeli settlements, driving “the very last nail in the coffin of the two-State solution” of two nations living side-by-side, which is the UN-backed outcome for a lasting peace between Israel and Palestine.

What was the UN's Special Coordinator for the Middle East Peace Process saying?

Pompeo’s announcement: on October 28, the UN’s Special Coordinator for the Middle East Peace Process told the Security Council that “new dangerous flashpoints” were emerging in the region, and described the growing number of Israeli settlements as a substantial obstacle to the peace process.

How many votes did the US vote in the US embassy in Jerusalem?

The resolution was adopted with 14 votes in favour, with the US abstaining. On the same day that Mr. Pompeo delivered his remarks, the US Embassy in Jerusalem released a security alert, advising US citizens travelling to, or through, Jerusalem, to maintain a high level of vigilance and increase their security awareness.

Is the UN committed to a two state solution?

Mr. Dujarric added that the UN “very much regrets” the announcement of the new US position on Monday and remains “committed to a two-State solution based on the relevant UN resolutions”.

Who said the establishment of civilian settlements inconsistent with international law hasn’t worked?

Announcing the policy change, US Secretary of State Mike Pompeo, said that “calling the establishment of civilian settlements inconsistent with international law hasn’t worked.

Is the UN in breach of international law?

The longstanding position of the UN regarding Israeli settlements in Occupied Palestinian Territory – that they are in breach of international law – is unchanged, Spokesperson Stéphane Dujarric said during a press briefing on Tuesday in New York, reacting to the policy reversal announced by the United States.

Why are settlements important to Israel?

One is to guarantee that the occupied territory will remain under Israeli control in perpetuity. The second purpose is to ensure that there will never be a genuine Palestinian state. These are exactly the reasons why the international community agreed to prohibit the practice of settler implantation when it created the Fourth Geneva Convention in 1949 and the Rome Statute in 1998."

How many Israeli squatters are there in the West Bank?

The UN High Commission on Human Rights notes that "There are now close to 300 settlements in occupied East Jerusalem and the West Bank, with more than 680,000 Israeli settlers.".

What is the UNHCR's call for practical action?

The UNHCR summarized the Special Rapporteur's call for practical action: In his report, the Special Rapporteur called on the international community to adopt a plan of action : 1. Fully support the work of the Office of the Prosecutor of the ICC as it investigates whether the Israeli settlements violate the Rome Statute; 2.

What resolution did the UN issue in 1980?

5. Call upon all UN member states to implement the injunction of the Security Council in 1980, in Resolution 465 , not to provide Israel with any assistance to be used in connection with the settlements.

Why was the Fourth Geneva Convention forbade?

It was to prevent this sort of behavior that the framers of the Fourth Geneva Convention forbade Occupiers from transferring their own populations into occupied territories. Even earlier, in the 1907 Hague Regulations, the occupier is forbidden to introduce substantial changes into the economy and ways of life of an occupied people. Occupation in the international law of war was recognized as legitimate only for a year or so, during hostilities. Israel's occupation of the Palestinians, now over 50 years old, has become illegal.

When was the International Criminal Court established?

The language forbidding the transfer of population from the occupying state to occupied territory was adopted into Rome Statute, the charter of the International Criminal Court established in 2002 at the Hague, which has been signed by 139 countries and fully ratified as national law by 123. The International Criminal Court has begun an investigation of Israeli and Hamas war crimes in the Occupied Palestinian territories.

Is the Israeli government alone in disputing this international consensus?

The Israeli government is alone in disputing this international consensus, but then prisons are full of convicted bank robbers who proclaim their innocence.

Why did the Palestinians call for the removal of the settlements?

The Palestinians have long called for the removal of the settlements, arguing that their presence on land they claim for a future independent Palestinian state makes it almost impossible to make such a state a reality.

What did the Palestinians say about the report?

The Palestinians said the report was a "victory for international law", but Israel called it "shameful".

What body represents Jewish settlers?

The main body representing Jewish settlers, the Yesha Council, said the list had "clear anti-Semitic features" and insisted the companies were "working to strengthen the economy in the area and are contributing to peace more than the UN has done in all its years of operation".

Who said the plan is the best for the Middle East?

But Israeli Prime Minister Benjamin Netanyahu said it was "the best plan that exists for the Middle East... and for the State of Israel and for the Palestinians, too".

Is the settlement of Israel illegal?

The settlements are seen as illegal under international law, although Israel disputes this. The UN human rights office has issued a long-awaited report on companies linked to Jewish settlements in the Israeli-occupied West Bank. The report names 112 business entities the office says it has reasonable grounds to conclude have been involved in ...

What did the Palestinians say about the settlements?

The Palestinians say it was established on their farmland and fear it will grow and merge with other large settlements in the area . (AP Photo/Majdi Mohammed) UNITED NATIONS -- The United Nations on Thursday accused Israel of flagrantly violating international law by expanding settlements in the West Bank and east Jerusalem, ...

What did Guterres and Wennesland call on Israeli authorities?

Both Guterres and Wennesland also called on Israeli authorities to end the demolition of Palestinian homes and other property and the displacement of Palestinians — another flashpoint — “and to approve plans that would enable these communities to build legally and address their development needs.”.

How many Palestinians were killed in the Gaza war?

During the conflict, 259 Palestinians were killed, including 66 children and 41 women, while nine Israelis, including two children, were killed along with three foreigners. Hundreds of Israelis were wounded.

How many rockets did the Gaza war have?

The Gaza war was the worst escalation of hostilities since 2014, with Palestinian armed groups firing over 4,000 rockets and projectiles toward Israel and Israeli forces carrying out over 1,500 strikes from air, land and sea across the Gaza Strip, Guterres said, quoting Israeli sources.

How many housing units did Guterres add to Har Homa?

Wennesland said in a briefing to the council on Guterres’ 12-page report that he was “deeply troubled” by Israel’s approval of a plan to add 540 housing units to the Har Homa settlement in east Jerusalem as well as the establishment of settlement outposts. He said that is “illegal also under Israeli law.”

Which group controls Gaza?

Hamas, which controls the Gaza Strip, has demanded significant easing of the Israeli blockade. Israel has said it won’t tolerate even relatively minor attacks from Gaza, including the launch of incendiary balloons, which triggered Israeli airstrikes last week.

Where is the Palestinian village of Beita?

A Palestinian protester uses slingshot to hurls stones during protest against the West Bank Jewish settlement outpost of Eviatar that was rapidly established last month, at the Palestinian village of Beita, near the West Bank city of Nablus, Thursday, June 24, 2021.

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Overview

The international community considers the establishment of Israeli settlements in the Israeli-occupied territories illegal on one of two bases: that they are in violation of Article 49 of the Fourth Geneva Convention, or that they are in breach of international declarations. The United Nations Security Council, the United Nations General Assembly, the International Committee of the Red Cross, the International Court of Justice and the High Contracting Parties to the Convention have …

Background

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 Israel…

Status of the territories

Although all areas in question were captured by Israel in the 1967 Six-Day War, Israel has treated them in three different ways:
• "East Jerusalem"—Jerusalem and its surroundings were envisioned as an international area under United Nations administration in the 1947 partition plan, which was accepted by the Jewish Agency but rejected by all Arab nations. In 1948, Jordan captured and annexed the eastern half o…

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.

Legal arguments

Almost all international lawyers and every state but Israel regard the Geneva Conventions as part of customary international law, implying all states are duty bound to observe them. Israel alone challenges this premise, arguing that the West Bank and Gaza are "disputed territories", and that the Conventions do not apply because these lands did not form part of another state's sovereign territory, and that the transfer of Jews into areas like the West Bank is not a government act but …

Unauthorized or illegal outposts

In two cases decided shortly after independence (the Shimshon and Stampfer cases) the Israeli Supreme Court held that the fundamental rules of international law accepted as binding by all "civilized" nations were incorporated in the domestic legal system of Israel. The Nuremberg Military Tribunal had already determined that the articles annexed to the Hague IV Convention of 1907 were customary law, recognized by all civilized nations.

See also

• Israeli law in the West Bank settlements
• House demolition in the Israeli–Palestinian conflict
• International law and the Arab–Israeli conflict
• West Bank Areas in the Oslo II Accord

Notes

1. ^ Playfair 1992, p. 396.
2. ^ Albin 2001, p. 150.
3. ^ Quigley 1999, p. 72.
4. ^ ReliefWeb 2016.
5. ^ Beaumont 2016.

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