Israeli Settlements: Breaking International Law?

The Israeli settlements in the occupied Palestinian territories of the West Bank and the Gaza Strip, as well as in the Syrian Golan Heights, are considered illegal under international law. The settlements are in violation of Article 49 of the Fourth Geneva Convention, which states that The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies. The extensive appropriation of land and property required to build and expand settlements also breaches other rules of international humanitarian law.

The international community, including the United Nations Security Council, the United Nations General Assembly, the International Court of Justice, and the High Contracting Parties to the Fourth Geneva Convention, has affirmed that the Fourth Geneva Convention applies to the Israeli-occupied territories and that the settlements are illegal.

However, Israel disputes the illegality of its settlements, claiming that the territory is not occupied and that the Fourth Geneva Convention does not apply. The Israeli government argues that its settlement policy is consistent with international law and that the settlements fulfill security needs.

The issue of Israeli settlements is a complex and contentious one, with ongoing debates and efforts to resolve the conflict through diplomatic means and a two-state solution.

Israeli settlements violate the Fourth Geneva Convention

The Israeli settlements in the West Bank and the Gaza Strip, as well as in the Syrian Golan Heights, are illegal under international law. They violate Article 49 of the Fourth Geneva Convention, which states:

> "The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies."

The Fourth Geneva Convention also prohibits the "individual or mass forcible transfers, as well as deportations of protected persons from occupied territory."

Israel's policy of settling its civilians in occupied Palestinian territory and displacing the local population goes against the fundamental rules of international humanitarian law. The extensive appropriation of land and the appropriation and destruction of property required to build and expand settlements breach other rules of international humanitarian law.

The unlawful appropriation of property by an occupying power amounts to "pillage", which is prohibited by both the Hague Regulations and the Fourth Geneva Convention and is a war crime under the Rome Statute of the International Criminal Court.

Israel's settlement policy also violates a special category of obligations called peremptory norms of international law (jus cogens) from which no derogation is allowed. The International Court of Justice (ICJ) affirmed that the rules of the Geneva Conventions are "intransgressible principles of international customary law".

The International Committee of the Red Cross (ICRC) holds that the establishment of Israeli settlements violates the Fourth Geneva Convention. The ICRC also maintains that the displacement of Palestinians that may occur due to the settlements violates Article 49 of the Fourth Geneva Convention.

Settlements displace the local population, contravening international humanitarian law

Israeli settlements in the West Bank and the Gaza Strip, as well as in the Syrian Golan Heights, are illegal under international law. The settlements displace the local population, contravening international humanitarian law.

Article 49 of the Fourth Geneva Convention states:

> "The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies."

> It also prohibits the "individual or mass forcible transfers, as well as deportations of protected persons from occupied territory".

The appropriation of land and property required to build and expand settlements also breaches other rules of international humanitarian law. The Hague Regulations of 1907 state that the occupying state is only allowed a very limited use of public property of the occupied population, such as lands, forests and agricultural estates. This is derived from the notion that occupation is temporary, which is the core idea of the law of occupation. The occupying power has a duty to protect and ensure the welfare of the people living under occupation.

The Hague Regulations prohibit the confiscation of private property, and the Fourth Geneva Convention prohibits the destruction of private or state property, except when rendered absolutely necessary by military operations. As the occupier, Israel is forbidden from using state land and natural resources for purposes other than military or security needs or for the benefit of the local population. The unlawful appropriation of property amounts to "pillage", which is prohibited by both the Hague Regulations and Fourth Geneva Convention and is a war crime under the Rome Statute of the International Criminal Court.

The establishment of settlements has been described by some legal experts as a war crime according to the Rome Statute. Under this body of law, the "extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly" and the "transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies" constitute war crimes.

The United Nations Security Council, the United Nations General Assembly, the International Court of Justice, and the High Contracting Parties to the Convention have all affirmed that the Fourth Geneva Convention applies to the Israeli-occupied territories. Numerous UN resolutions and prevailing international opinion hold that Israeli settlements are a violation of international law. The International Committee of the Red Cross also holds that the establishment of Israeli settlements violates the Fourth Geneva Convention, and that the displacement of Palestinians that may occur due to the settlements also violates Article 49 of the Convention.

The Israeli government's position is that the West Bank is "disputed territory" rather than "occupied territory". They argue that there has never been a Palestinian sovereignty over the West Bank, and that the Geneva Convention only applies in the absence of an operative peace agreement and between two powers accepting the Convention. They also claim that the settlements are built on land where Jewish settlements existed before the 1948 Arab-Israeli War, and that the Geneva Convention does not prohibit voluntary transfers of civilians.

Israel's settlement policy violates international human rights law

The extensive appropriation of land and the appropriation and destruction of property required to build and expand settlements also breach other rules of international humanitarian law. The Hague Regulations of 1907 state that the occupying state is only allowed very limited use of public property, such as lands, forests, and agricultural estates, of the occupied population. This is derived from the notion that occupation is temporary, which is the core idea of the law of occupation. The occupying power has a duty to protect and ensure the welfare of the people living under occupation, allowing them to live as normal a life as possible.

Israel's settlement policy has resulted in the displacement of the local Palestinian population, contravening fundamental rules of international humanitarian law. The appropriation of land and property by Israel also amounts to "pillage," which is prohibited by the Hague Regulations, the Fourth Geneva Convention, and is considered a war crime under the Rome Statute of the International Criminal Court.

In addition, Israel's settlement policy has led to mass human rights violations, including violations of the right to life, liberty, security, equal treatment before the law, access to an effective remedy, freedom of expression and peaceful assembly, equality and non-discrimination, adequate housing, freedom of movement, rights of the child, health, water, education, and the right to earn a decent living through work.

The international community, including the United Nations Security Council, the United Nations General Assembly, the International Court of Justice, and the High Contracting Parties to the Fourth Geneva Convention, has affirmed that Israeli settlements are illegal and violate international law.

Settlements breach the Hague Regulations of 1907

The Israeli settlements in the West Bank, the Gaza Strip, and the Syrian Golan Heights are considered illegal under international law. They are in violation of Article 49 of the Fourth Geneva Convention, which states:

> "The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies."

This article prohibits the transfer of an occupying power's civilians into occupied territory, which is precisely what Israel has done by settling its civilians in occupied Palestinian territory and displacing the local population. This contravenes fundamental rules of international humanitarian law.

The settlements also breach the Hague Regulations of 1907, which state that the public property of the occupied population (such as lands, forests, and agricultural estates) is subject to the laws of usufruct. This means that an occupying state is only allowed very limited use of this property. This limitation is derived from the notion that occupation is temporary, which is the core idea of the law of occupation.

The Hague Regulations prohibit the confiscation of private property, while the Fourth Geneva Convention prohibits the destruction of private or state property, "except where such destruction is rendered absolutely necessary by military operations." As the occupying power, Israel is forbidden from using state land and natural resources for purposes other than military or security needs or for the benefit of the local population. The unlawful appropriation of property by an occupying power amounts to "pillage," which is prohibited by both the Hague Regulations and the Fourth Geneva Convention and is considered a war crime under the Rome Statute of the International Criminal Court.

Israel's settlement policy violates a special category of obligations called peremptory norms of international law (jus cogens), from which no derogation is permitted. The International Court of Justice (ICJ) affirmed that the rules of the Geneva Conventions constitute "intransgressible principles of international customary law." This means that Israel's actions in establishing settlements cannot be justified or excused under any circumstances.

The settlements violate the Rome Statute of the International Criminal Court

The Israeli settlements in the West Bank and the Gaza Strip, as well as in the Syrian Golan Heights, are deemed illegal under international law. These settlements are in violation of Article 49 of the Fourth Geneva Convention, which states: "The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies." The extensive appropriation of land and property required to build and expand settlements further breaches other rules of international humanitarian law.

The establishment of these settlements has been described by legal experts as a war crime according to the Rome Statute of the International Criminal Court (ICC), which Israel has not ratified. The Rome Statute defines the transfer of civilian populations to occupied territories as a war crime. This provision was adopted with the intention to prosecute Israeli settlements. Despite not being a party to the Rome Statute, Israel's settlement policy is currently under investigation as part of the ICC investigation in Palestine.

The criminality of the settlements is being investigated by the ICC, with the underlying facts well-documented and undisputed. However, establishing the court's temporal jurisdiction is less clear. The establishment of settlements prior to 2014, when the Rome Statute came into effect in Palestine, could also be prosecuted by the ICC if it is interpreted as an instantaneous, continuous, or continuing crime. Government officials, legislators, military commanders, and corporate executives could all face prosecution for their roles in establishing the settlements.

The Palestinian Authority has lodged declarations under Article 12(3) of the Rome Statute, accepting the jurisdiction of the ICC over alleged crimes committed in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014. Palestine deposited its instrument of accession with the UN Secretary-General, and the Rome Statute entered into force for Palestine on April 1, 2015. The ICC held a ceremony on the same date to welcome Palestine as the 123rd State Party to the Rome Statute.

Frequently asked questions