Are Israeli settlements illegal under international law?
Most states and international bodies have long recognized that Israeli settlements are illegal under international law.
What are the Israeli settlements and why do they matter?
The settlements are built on land the Palestinians and the international community, along with some in the Israeli community, see as a future Palestinian state. Some of the settlements – especially the blocs – may be a part of Israel in a two-state solution through land swaps between Israelis and Palestinians.
Is Israel's policy of settling in the occupied territory legal?
In 1978, the State Department Legal Adviser advised the Congress on his conclusion that Israel's government, the Israeli Government's program of establishing civilian settlements in the occupied territory is inconsistent with international law, and we see no change since then to affect that fundamental conclusion.' ( Kerry 2016)
Is Israel’s settlement policy a war crime?
As stated above, “pillage” is also a war crime under the Rome Statute. Israel’s settlement policy also violates a special category of obligations entitled peremptory norms of international law (jus cogens) from which no derogation is permitted.
Are Israeli settlements against international law?
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 international law does Israel violate?
Article 49 of the Fourth Geneva Convention prohibits an occupying power from transferring its civilian population into territory under its occupation. The HRW report details how Israel's settlements in the West Bank and parts of East Jerusalem violate this Convention.
Are Israel settlements in West Bank illegal?
Since the 1967 Arab-Israeli war, approximately 600,000 to 750,000 Jewish settlers have moved to live on land in occupied East Jerusalem and the West Bank. The practice is considered by most of the international community to be illegal, and a major impediment to achieving lasting peace.
What is Article 49 of the Geneva Convention?
Art. 49. Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.
Why is Israel entitled to the land?
Jewish religious belief defines the land as where Jewish religious law prevailed and excludes territory where it was not applied. It holds that the area is a God-given inheritance of the Jewish people based on the Torah, particularly the books of Genesis and Exodus, as well as on the later Prophets.
Does Israel have a right to the West Bank?
Israel 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.
Has Israel signed the Geneva Convention?
Israel ratified the Geneva Conventions on July 6, 1951. Israel has not signed or ratified the 1907 Hague Regulations, but the Israeli High Court has found that the 1907 Hague Regulations are part of customary international law, and thus binding on all states, including those not party to the treaty.
What is in the Geneva Convention?
The Geneva Conventions are a series of treaties on the treatment of civilians, prisoners of war (POWs) and soldiers who are otherwise rendered hors de combat (French, literally "outside the fight"), or incapable of fighting.
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.
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.
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.
How many houses have been destroyed in Israel?
Violations of the right to adequate housing: Since 1967, Israel has constructed tens of thousands of homes on Palestinian land to accommodate settlers while, at the same time, demolishing an estimated 50,000 Palestinian homes and other structures, such as farm buildings and water tanks. Israel also carries out demolitions as a form of collective punishment against the families of individuals accused of attacks on Israelis. In East Jerusalem, about 800 houses have been demolished since 2004 for lack of permits. Israel also confiscates houses inhabited by Palestinians in the city to allocate them to settlers. By forcibly evicting and/or demolishing their homes without providing adequate alternative accommodation, Israel has failed in its duty to respect the right to adequate housing of thousands 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.
What weapons did Israel use to suppress protests?
Israeli forces have used tear gas, rubber bullets and occasionally live rounds to suppress peaceful protests. 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.
What is the law in the West Bank?
International Humanitarian Law in the West Bank and Gaza Strip. International humanitarian law prohibits the forcible transfer of segments of the population of a state to the territory of another state which it has occupied as a result of the resort to armed force.
What does the Administration of Palestine do?
The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in cooperation with the Jewish Agency referred to in Article 4, close settlement by Jews on the land, including State lands not required for public use.
Is the Israeli settlement a war crime?
Similarly, as Israeli settlements cannot be considered illegal, they cannot constitute a "grave violation" of the Geneva Convention, and hence any claim that they constitute a "war crime" is without any legal basis. Such political charges cannot justify in any way Palestinian acts of terrorism and violence against innocent Israelis.
Is the Israeli settlement a violation of the Jewish right of settlement?
The attempt to present Israeli settlements as a violation of this principle is clearly untenable. As Professor Eugene Rostow, former Under-Secretary of State for Political Affairs has written: "the Jewish right of settlement in the area is equivalent in every way to the right of the local population to live there" ( AJIL, 1990, vol. 84, p.72).
Does Israel have a freeze on settlements?
It is important to note, that in the spirit of compromise and in an attempt to take constructive confidence building measures in the peace process, successive Israeli governments have expressly recognized the need for territorial compromise in West Bank and Gaza Strip territory and have voluntary adopted a freeze on the building of new settlements. In this regard, the present National Unity Government, under Prime Minister Ariel Sharon, has officially declared that it will not build any new settlements, while remaining committed to the basic needs of the existing settlement communities ( Government of Israel, Policy Guidelines, March 2001).
How has Israel contravened international law?
Israel has contravened international law by building settlements in the occupied West Bank and populating them with Jewish settlers, says prominent Israeli human rights lawyer Michael Sfard.
What does Sfard believe about Israel?
Having concluded that Israel intends to keep much of the West Bank and extend its control over it through a policy of gradual annexation, Sfard today believes that Israel is committing “crimes of apartheid” against the Palestinians.
What is the definition of apartheid in the West Bank?
Asked if a system of apartheid prevails in the West Bank today, Sfard first defined the expression as a crime against humanity in which one racial group oppresses and dominates another group to perpetuate its authority.
How many Palestinians live in the West Bank?
But in the past five decades, a succession of Israeli governments have drastically upended the landscape of the West Bank, which is currently populated by upwards of 2.5 million Palestinians and 450,000 Jews.
Which convention prohibits such activities?
According to Sfard, the Fourth Geneva Convention prohibits such activities.
Why was the re-acquisition of the territory by Israel legal?
This re-acquisition of the territory by Israel was legal because article 51 of the U.N. charter permits a nation to defend itself from attack. It is understood that national self-defense often necessitates control of any territory from which the initial aggression was launched.
When did Israel become a state?
When Israel’s leaders declared sovereignty in all territory relinquished by Great Britain on May 15, 1948 (including the territory that anti-Israel people call the “West Bank”) it was recognized as the State of Israel by the General Assembly and Security Council by May1949 .
Why can't Israel be an occupier?
Israel can’t be an occupier because it likely has superior title to the territory in the first place. Even if it had no title to the territory, the Fourth Geneva Convention can’t apply here. And even if it could apply here, Israel would be a legal occupier rather than an illegal one, since Israel hasn’t violated the provisions of the Fourth Geneva Convention (making the settlements legal rather than illegal). Lastly, even if Israel’s settlements were a violation of article 49 of the Fourth Geneva Convention, the Oslo Accords have given both Israel and the Palestinian Authority the right to live and build in their allotted jurisdictions.
What is the 4th Geneva Convention?
The Fourth Geneva Convention provides the international law as relates to occupied territory, and is the basis of any legal argument against Israel on the subject of Israeli settlements. Therefore, in order to make the conclusion that Israel’s settlements are illegal under international law, one must be able to apply this convention ...
What article of the UN charter forbids the acquisition of territory through war?
Furthermore, article 2 of the UN charter forbids the acquisition of territory through war. Thus, Jordan’s acquisition and annexation of the territory was illegal under international law. In 1967, Jordan again initiated war against Israel (along with two other Arab states) but Jordan was pushed out of the territory ...
Which article of the Fourth Geneva Convention gives the Palestinian Authority the right to live and build in their allotted jurisdictions?
Lastly, even if Israel’s settlements were a violation of article 49 of the Fourth Geneva Convention, the Oslo Accords have given both Israel and the Palestinian Authority the right to live and build in their allotted jurisdictions.
Is Israel an occupier of the Oslo Agreement?
So there you have it, in all the possible stages of the legal argument: Israel can’t be an occupier because it likely has superior title to the territory in the first place.
How many Israeli settlements are there in the West Bank?
There are 126 Israeli settlements in the West Bank (excluding East Jerusalem), according to the September 2016 report from the Israeli Central Bureau of Statistics. Geographically, these settlements are all across the West Bank. The West Bank is broken down into Areas A, B, and C, according to the Oslo Accords, ...
What is the legal status of settlements?
The settlements are illegal under international law. The Fourth Geneva Convention, which concerns civilian populations during a time of war, states in Article 49 that, “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.”
What are settlements?
Settlements are Israeli cities, towns and villages in the West Bank and the Golan Heights. (We will deal with East Jerusalem a bit later.) They tend to be gated communities with armed guards at the entrances. Why are they settlements and not simply Israeli residential areas? Because Israel is widely considered to be an occupying force in the territories. It is land that Palestinians, along with the international community, view as territory for a future Palestinian state.
Why are the West Bank and East Jerusalem considered occupied territory?
Israel began its occupation of the West Bank and East Jerusalem in 1967 during the Six-Day War. Seeing a military buildup in the surrounding Arab countries, Israel launched a preemptive strike against Egypt, after which Jordan, in turn, attacked Israel. Israel annexed East Jerusalem shortly thereafter, unifying the city under Israel’s authority. But Israel has never annexed the West Bank, part of which remains under military law.
Who are the settlers?
This is a very broad question, and requires a fair amount of generalization.
Why are the settlements controversial?
The settlements are built on land the Palestinians and the international community, along with some in the Israeli community, see as a future Palestinian state. Some of the settlements – especially the blocs – may be a part of Israel in a two-state solution through land swaps between Israelis and Palestinians. One concern, expressed by the European Union, and in the past by the US State Department, is that settlement expansion may make a contiguous, whole Palestinian state in the West Bank impossible.
What about East Jerusalem? And what is East Jerusalem anyway?
From 1948 to 1967, Jerusalem was divided by the Green Line, which is the cease-fire line of 1948 between Israel and Jordan. Although the city is now under Israeli governance, the distinction remains.
What does "jus cogens" mean?
The PA will surely add as a footnote that its right of statehood according to " jus cogens " ("certain fundamental, overriding principles of international law, from which no derogation is ever permitted") simply overrides all previously-existing expectations of a just peace with Israel.
What is the right of a state to defend its integrity and independence?
According to the 1934 Convention on the Rights and Duties of States (the Montevideo Convention): "Even before recognition, the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit....".
What are the criteria for statehood?
The authoritative criteria of statehood that express this particular exclusion are long-standing and without ambiguity. Under relevant international law, a true state must always possess the following specific qualifications: (1) a permanent population; (2) a defined territory; (3) a government; and ...
What would happen if Palestine was a state?
It could claim it was defending itself against anyone, including terrorist groups, and remain within its rights. [1]
What are the qualifications of a true state?
Under relevant international law, a true state must always possess the following specific qualifications: (1) a permanent population; (2) a defined territory; (3) a government; and (4) the capacity to enter into relations with other states.
When was the Palestine Liberation Organization formed?
The Palestine Liberation Organization (PLO) was formed in 1964, three years before there supposedly were any "Israeli Occupied Territories.".
When did the PA become a nonmember observer state?
In the enduring controversy over Palestinian statehood, there are significant rules to be considered. For a start, on November 29, 2012, the General Assembly voted to upgrade the Palestinian Authority (PA) to the status of a "Nonmember Observer State.".
Status of Settlements Under International Law
Settlements, Discrimination and Human Rights Violations
- 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 Econo…
Sustained International Condemnation
- Most states and international bodies have long recognized that Israeli settlements are illegal under international law. The European Union (EU) has clearly stated that: “settlement building anywhere in the occupied Palestinian Territory, including East Jerusalem, is illegal under international law, constitutes an obstacle to peace and threatens to ...