October 7, 2016
Mitchell Plitnick
On Wednesday, in the wake of Israel’s announcement of hundreds of more units in West Bank settlements, the Israeli Ministry of Foreign Affairs posted a page on its website articulating its view that building in the occupied West Bank is legal under international law and is not, as many critics claim, an impediment to peace. The fact that the MFA felt the need to make such a case indicates that rising international criticism, particularly from the U.S., is having an impact, and that case bears an examination of its key claims.
Israel claims that the settlements are not illegal because the laws of belligerent occupation do not apply to the West Bank and that the prohibition against transferring citizens of an occupying power to occupied territory “…applied to forcible transfers and not to the case of Israeli settlements.”
The vast majority of legal opinions, including those of the High Court of Justice in Israel and the US State Department (which consistently refers to the West Bank as “occupied territory”), directly contradict this claim. As recently as 2004, the High Court in Israel ruled “…that Israel holds the (West Bank) in belligerent occupation,” and that its authority over the Palestinians “… flows from the provisions of public international law regarding belligerent occupation.” No ruling since has superseded this view.
Indeed, in an analysis requested by the Israeli Prime Minister’s office in 1967 regarding the potential legality of settlements in the then-newly occupied territories, Israeli Foreign Ministry legal adviser Theodor Meron wrote, “My conclusion is that civilian settlement in the administered territories contravenes the explicit provisions of the Fourth Geneva Convention.” This is the overwhelming consensus view of international legal opinion, and contradicts Israel’s claim that Article 49 of the Fourth Geneva Convention applies only to forcible transfers, rather than voluntary ones like those of Israeli settlers.
Continued @
http://fmep.org/blog/2016/10/settlements-vs-peace-process/
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