An ‘Israeli only’ by-pass road that links Israeli settlements in the occupied West Bank, sitting below an Israeli settlement outside of Jerusalem (Photo Credit: Edith Garwood).
- ALL Israeli settlements in the Occupied Palestinian Territories (OPT) are illegal.
- Israel’s long-running policy of settling civilians in occupied territory amounts to a war crime.[1]
This needs to be clearly said now, without ambiguity. The United States government, as sponsor of the current ‘peace talks’ between Israel and Palestinians, must uphold rule of law and human rights. Despite the fact that the U.S. has historically taken the same position as the international community that Israeli settlements within the OPT are illegal, they have chosen to prevaricate in recent years, using words like ‘unhelpful’ or ‘illegitimate’ to describe settlement building by Israel.
This does favors for no one. Not the United States, not Palestinians, and not Israel.
Israel's long-running policy of settling civilians in occupied territory is considered a war crime under the statute of the International Criminal Court (ICC).
The West Bank, including East Jerusalem, and the Gaza Strip all remain under effective control of the Israeli government. The legal obligations for any occupying power are outlined in international humanitarian law (IHL), particularly the Fourth Geneva Convention. Palestinians living in the OPT are considered protected persons under the convention, which Israel has ratified.
IHL stipulates states are not to transfer their own civilians into territory they occupy, or to forcibly transfer protected persons from or within an occupied territory. States are also forbidden from destroying individual or collective property in an occupied territory, except when this is rendered absolutely necessary by military operations.
Under Israeli law, settlements ‘authorized’ by the government are legal while smaller, ‘unofficial’ outposts are illegal. Sometimes the Israeli government retroactively ‘legalizes’ previously unauthorized outposts. International law does not make any such distinctions; all Israeli settlements in the OPT violate the Fourth Geneva Convention.
The international community has consistently recognized that settlements contravene international law and create a situation which perpetuates a range of violations of Palestinian human rights including, but not limited to, discriminatory policies based on nationality, ethnicity and religion.
The United Nations Fact Finding Mission (FFM) on Israeli Settlements found “a multitude of the human rights of the Palestinians are violated in various forms and ways due to the existence of the settlements” and “Israel is committing serious breaches of its obligations under the right to self-determination and under humanitarian law.”
The chair of the FFM, Ms. Christine Chanet said, “In compliance with Article 49 of the Fourth Geneva Convention Israel must cease all settlement activities without preconditions.”
In order for the United States government to respect the rule of law during these ‘peace talks’ and truly facilitate a just and sustainable peace in the region, they must insist Israel immediately halt all construction of settlements and related infrastructure as a first step towards removing all settlers from the OPT.
[1] Israel’s long-running policy of settling civilians in occupied territory is considered a war crime under the statute of the International Criminal Court (ICC). Article 8(2) of the Rome Statute defines “the transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory” as a war crime when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
Well put, Ms. Garwood. If it is a war crime,where are the prosecutors? How can we pressure the ICC to act? These are issues of power and where it lies. The powers that be are not interested.
Thank you for giving a brief but detailed summary and explanation of the severity of the war crimes on the part of Israel. It needs reiterating as much as possible, and this article makes very clear the lack of any ability to argue otherwise.. Illegal settlements built under policies that constitute war crimes.
The international community would have little problem compelling Israel to obey the law and respect human rights were it not for the blanket diplomatic, economic, and military protection the US provides to Israel. The US government has shown little ability to change its ways, likely due to the stranglehold the Israel Lobby has on Congress, so there is really no choice but for people of conscience to do an end-run around the government. Perhaps its time for Amnesty to throw its support behind the grassroots BDS campaign.
They need to change their policies. Everyone is trying to keep the environment safe and clean but the Israel's crime policies are discouraged.
I think the number of civilian deaths is outrageous and I don't understand why the local authorities are not doing anything about it. They really don't seem to be bothered. They even help this happen
Of course we're talking about a war crime here. no question about it. The US are choosing the easy wayout and are finding technicalities to justify their not intervening.
A very worthless justification on settlements!!! Israel has become a criminal nation that has decelerate on several established peace accords. Zionist response indeed with impunity and total disregard of international agreements Un Security Council resolution 446, adopted on 22 March 1979, concerned the subject of Israeli settlements within the "Arab territories populated by Israel since 1967, including Jerusalem. This refers to the Palestinian areas whatever the West Bank, East Jerusalem and the Gaza Strip in addition to Syrian Golan Heights.Within the Resolution, the Security Council determined: "that the policy and practices of Israel in establishing settlements within the Palestinian as well as other Arab territories occupied since1967 have no legal validity and constitute a serious obstruction to achieving an extensive, just and lasting peace within the Middle East"
The Resolution was adopted by 12 votes to none, with three abstentions from Norway, the United Kingdom plus the USA
Everything Israel has done is against basic human rights and I don't understand why we don't intervene to help Paletinians have a life again!
Bassem, my Brother, all my thoughts and prayers are with you in your lawsuit against Elliot Abrams. He is a very evil man causing much harm to world peace and Brotherhood.
For my tax dollars to be used to represent such a criminal reveals how America has lost its soul.
Bassem you are a true man of Peace who will prevail in the end.