Are Israeli Settlements Legal?
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Are Israeli Settlements Legal?

Are Israeli Settlements Legal?

Israel's use of land for settlements conforms to all rules and norms of international law.

by Israel Foreign Ministry

Israeli settlements in the West Bank are legal both under international law and the agreements between Israel and the Palestinians. Claims to the contrary are mere attempts to distort the law for political purposes. Yet whatever the status of the settlements, their existence should never be used to justify terrorism.

The Palestinians often claim that settlement activity is illegal and call on Israel to dismantle every settlement. In effect, they are demanding that every Jew leave the West Bank, a form of ethnic cleansing. By contrast, within Israel, Arabs and Jews live side-by-side; indeed, Israeli Arabs, who account for approximately 20% of Israel's population, are citizens of Israel with equal rights.

Within Israel, Arabs and Jews live side-by-side; indeed, Israeli Arabs, who account for approximately 20% of Israel's population, are citizens of Israel with equal rights.

The Palestinian call to remove all Jewish presence from the disputed territories is not only discriminatory and morally reprehensible; it has no basis either in law or in the agreements between Israel and the Palestinians.

The various agreements reached between Israel and the Palestinians since 1993 contain no prohibitions on the building or expansion of settlements. On the contrary, they specifically provide that the issue of settlements is reserved for permanent status negotiations, which are to take place in the concluding stage of the peace talks. The parties expressly agreed that the Palestinian Authority has no jurisdiction or control over settlements or Israelis, pending the conclusion of a permanent status agreement.

It has been charged that the provision contained in the Israel-Palestinian Interim Agreement prohibiting unilateral steps that alter the status of the West Bank implies a ban on settlement activity. This position is disingenuous. The prohibition on unilateral measures was designed to ensure that neither side take steps that would change the legal status of this territory (such as by annexation or a unilateral declaration of statehood), pending the outcome of permanent status talks. The building of homes has no effect on the final permanent status of the area as a whole. Were this prohibition to be applied to building, it would lead to the unreasonable interpretation that neither side is permitted to build houses to accommodate the needs of their respective communities.

As the Israeli claim to these territories is legally valid, it is just as legitimate for Israelis to build their communities as it is for the Palestinians to build theirs. Yet in the spirit of compromise, successive Israeli governments have indicated their willingness to negotiate the issue and have adopted a voluntary freeze on the building of new settlements as a confidence-building measure.

Furthermore, Israel had established its settlements in the West Bank in accordance with international law. Attempts have been made to claim that the settlements violate Article 49 of the Fourth Geneva Convention of 1949, which forbids a state from deporting or transferring "parts of its own civilian population into the territory it occupies." However, this allegation has no validity in law as Israeli citizens were neither deported nor transferred to the territories.

Although Israel has voluntarily taken upon itself the obligation to uphold the humanitarian provisions of the Fourth Geneva Convention, Israel maintains that the Convention (which deals with occupied territories) was not applicable to the disputed territory. As there had been no internationally recognized legal sovereign in either the West Bank or Gaza prior to the 1967 Six Day War, they cannot be considered to have become "occupied territory" when control passed into the hands of Israel.

Yet even if the Fourth Geneva Convention were to apply to the territories, Article 49 would not be relevant to the issue of Jewish settlements. The Convention was drafted immediately following the Second World War, against the background of the massive forced population transfers that occurred during that period. As the International Red Cross' authoritative commentary to the Convention confirms, Article 49 (entitled "Deportations, Transfers, Evacuations") was intended to prevent the forcible transfer of civilians, thereby protecting the local population from displacement. Israel has not forcibly transferred its citizens to the territory and the Convention does not place any prohibition on individuals voluntarily choosing their place of residence. Moreover, the settlements are not intended to displace Arab inhabitants, nor do they do so in practice. According to independent surveys, the built-up areas of the settlements (not including roads or unpopulated adjacent tracts) take up about 3% of the total territory of the West Bank.

Israel's use of land for settlements conforms to all rules and norms of international law. Privately owned lands are not requisitioned for the establishment of settlements. In addition, all settlement activity comes under the supervision of the Supreme Court of Israel (sitting as the High Court of Justice) and every aggrieved inhabitant of the territories, including Palestinian residents, can appeal directly to this Court

Any political claim -- including the one regarding settlements -- should never be used to justify terrorist attacks on innocent civilians.

The Fourth Geneva Convention was certainly not intended to prevent individuals from living on their ancestral lands or on property that had been illegally taken from them. Many present-day Israeli settlements have been established on sites that were home to Jewish communities in the West Bank (Judea and Samaria) in previous generations, in an expression of the Jewish people's deep historic and religious connection with the land. Many of the most ancient and holy Jewish sites, including the Cave of the Patriarchs (the burial site of Abraham, Isaac and Jacob) and Rachel's Tomb, are located in these areas. Jewish communities, such as in Hebron (where Jews lived until they were massacred in 1929), existed throughout the centuries. Other communities, such as the Gush Etzion bloc in Judea, were founded before 1948 under the internationally endorsed British Mandate.

The right of Jews to settle in all parts of the Land of Israel was first recognized by the international community in the 1922 League of Nations Mandate for Palestine. The purpose of the Mandate was to facilitate the establishment of a Jewish national home in the Jewish people's ancient homeland. Indeed, Article 6 of the Mandate provided for "close settlement by Jews on the land, including State lands not required for public use."

For more than a thousand years, the only time that Jewish settlement was prohibited in the West Bank was under the Jordanian occupation (1948-1967) that resulted from an armed invasion. During this period of Jordanian rule, which was not internationally recognized, Jordan eliminated the Jewish presence in the West Bank (as Egypt did in the Gaza Strip) and declared that the sale of land to Jews was a capital offense. It is untenable that this outrage could invalidate the right of Jews to establish homes in these areas, and accordingly, the legal titles to land that had already been acquired remain valid to this day.

In conclusion, the oft-repeated claim regarding the illegality' of Israeli settlements has no legal or factual basis under either international law or the agreements between Israel and the Palestinians. Such charges can only be regarded as politically motivated. Most importantly, any political claim -- including the one regarding settlements -- should never be used to justify terrorist attacks on innocent civilians.

Published: January 12, 2008


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Visitor Comments: 30

(30) Henry Shiner, August 12, 2014 1:31 PM

San Remo Resolution & Article 80 of The U.N. Charter

Article 80 of the UN Charter, once known unofficially as the Jewish People’s clause, preserves intact all the rights granted to Jews under the Mandate for Palestine (that was confirmed by the 52 states, all members of the League of Nations, in 1922 ) even after the Mandate’s expiry on May 14-15, 1948. Under this provision of international law (the U.N. Charter is an international treaty), Jewish rights to Palestine and the Land of Israel (i.e. this included Gaza & the "West Bank- Yehuda & Shomron) were not to be altered in any way unless there had been an intervening trusteeship agreement between the states or parties concerned, which would have converted the Mandate into a trusteeship or trust territory. The only period of time such an agreement could have been concluded under Chapter 12 of the UN Charter was during the three-year period from October 24, 1945, the date the Charter entered into force after appropriate ratifications, until May 14-15, 1948, the date the Mandate expired and the State of Israel was proclaimed. Since no agreement of this type was made during this relevant three-year period, in which Jewish rights to all of Palestine may conceivably have been altered had Palestine been converted into a trust territory, those Jewish rights that had existed under the Mandate remained in full force and effect, to which the UN is still committed by Article 80 to uphold,or is prohibited from altering to this day .
Source : Howard Grief : The Legal Foundation and Borders of Israel Israel's Rights under International LawLaw : A Treatise on Jewish Sovereignty over The Land of Israel ( available on Amazon.com)

(29) draiman, September 19, 2011 3:16 PM

Palestinian people do not exist

Palestinian people do not exist A provocative headline? It’s more than that. It’s the truth. Truth does not change. Truth is truth. If something was true 50 years ago, 40 years ago, 30 years ago, it is still true today. And the truth is that only 30 years ago, there was very little confusion on this issue of Palestine. You might remember the late Israeli Prime Minister Golda Meir making the bold political statement: ”There is no such thing as a Palestinian people.” The statement has been a source of ridicule and derision by Arab propagandists ever since. They love to talk about Golda Meir’s ”racism.” They love to suggest she was in historical denial. They love to say her statement is patently false – an intentional lie, a strategic deception. What they don’t like to talk about, however, are the very similar statements made by Yasser Arafat and his inner circle of political leadership years after Meir had told the truth – that there is no distinct Palestinian cultural or national identity. So, despite the fact that conventional wisdom has now proclaimed that there is such a thing as the Palestinian people, I’m going to raise those uncomfortable quotations made by Arafat and his henchmen when their public-relations guard was down. Way back on March 31, 1977, the Dutch newspaper Trouw published an interview with Palestine Liberation Organization executive committee member Zahir Muhsein. Here’s what he said: The Palestinian people does not exist. The creation of a Palestinian state is only a means for continuing our struggle against the state of Israel for our Arab unity. In reality today there is no difference between Jordanians, Palestinians, Syrians and Lebanese. Only for political and tactical reasons do we speak today about the existence of a Palestinian people, since Arab national interests demand that we posit the existence of a distinct ”Palestinian people” to oppose Zionism.

(28) JLW, January 22, 2008 8:10 AM

Well I'll be - this actually comes from the Israel MFA site...

Which only proves that the current "Israeli government" is nothing but a foreign entity which must be done away with as soon as possible and replaced with a bona fide Jewish rule which will actually carry out the policies that the Israel Ministry of Foreign Affairs preaches to the world...

(27) Robert Sturm, January 21, 2008 11:59 AM

launching missiles

Imagine our planet as a train speeding through the heavens. To much of the world Jews are excess baggage
ready to be tossed off at the first opportunity. The only place where they can land with some safety is the
land of Israel. However, as long as one Jew breathes air and walks in the land of Israel that will be one
Jew too many for most Arabs.

Having said that the Palestinians have a right to a homeland even if their goal is the elimination of Israel. For every missile launched into Israel 5 missiles should be sent randomly back into Gaza, So.
Lebanon, etc. On those missiles should be the phrase
"Brought to you by Hamas or Hezbollah".

(26) Joshua Grady-Share, January 21, 2008 11:46 AM

empty lies

Are you guys the mouthpiece of the Israeli government? Yes, it's incredible to finally hear such lucid and unequivocal fact from the Israeli Foreign Ministry, but this article is merely empty lies being spread to make us (Anglo Jews) feel better that the government has halted all building in Yehuda and Shomrin and is secretly chopping up Jerusalem as well, something that most Jews in the diaspora are unaware of.

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