The Legal Israeli Settlements

With the Palestinians’ latest gambit of signing on to the ICC and accusing Israel of “war crimes” through its settlements in Judea and Samaria, it bears repeating that the settlements are not illegal at all. Read the following blog post by First One Through (via Jews Down Under) who provides a thorough background of the legality of the settlement enterprise. The blogger also explains and the ins and outs of the Fourth Geneva Convention, which is a very popular stick used by the Palestinians, the extreme left and all their supporters with which to beat Israel.


Many people have argued that it is illegal for Israelis to live beyond the 1949 Armistice Lines (east of the Green Line, EGL/Judea and Samaria/West Bank).  The question of “legitimacy” (not legality) has been repeated often by the USA’s Obama Administration.  Those comments are more harsh towards Israel than prior American administrations that simply viewed new settlements as “unhelpful” to a peace agreement between Israel and the Arab states.  Jimmy Carter was the only US president that actually called the settlements “illegal”.  Below is a review of the international laws that apply towards the settlements.

Fourth Geneva Convention

Article 49 of the Fourth Geneva Convention deals with the treatment of “occupied territory“.  It is unclear whether it applies to territory obtained in both offensive and defensive wars, but this review will assume that the law stands in either case.

The majority of Article 49 is about the treatment of the inhabitants of the…

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9 Responses to The Legal Israeli Settlements

  1. Anne, are you familiar with this U.S. consular activity in Samaria?

    • anneinpt says:

      I saw a report about them being attacked by settlers and wondered what the hell they were doing there in the first place. Thanks for your link, though that too doesn’t actually explain what the consular staff were doing there. The Israeli officials are absolutely right that the US staff should be deported at the very least. What a chutzpah!

    • anneinpt says:

      I would add that it seems that the international do-gooder community, from NGOs to foreign diplomats, feel that Judea and Samaria are their playground to do with and act within as they please. And they please to act only on behalf of the Palestinians.

      I’m reading a fascinating book at the moment, “Catch the Jew” by Tuvia Tennenbom, and he comes to the conclusion – well, it’s not the conclusion yet, but he states this several times in the book – that the Europeans and NGOs etc. are simply working to get the Jews out of Israel, in whatever way possible. That is the only explanation for the “work” that they do.

      I might review the book here when I’ve finished. It’s a raving bestseller in Israel.

  2. Brian Goldfarb says:

    Just wait until a now hostile congress (against both Obama and the PA) get their fingers on the levers of power and start thinking of cutting US funding for the PA:

    To say nothing of counter-suing by Israel of the PA in US courts, should Abbas go ahead in the ICC:

    He ain’t seen nothing yet! I’d back Israeli lawyers against the PA lawyers any day of the week!

  3. Reality says:

    how come only Israel has “illegal territory”?What about America?that bastion of morality?They have built on “illegal lands”previously owned by Indians,Australia took lands to say nothing of China or Russia or probably every country.Why doesn’t Israel defend itself &open that can of worms?.

  4. ealha3 says:

    If the rule of law had any relevance to European, et al relations with Israel, there would be no Hamas or Palestinian Authority for a variety of reasons including that neither is a legitimate negotiating entity of their claimed constituencies. However, anti-Semetic interests serving as the overarching motivating factor trump rational, logical and ultimately legal imperatives rendering this as well as other sophisticated analysis as just another exercise in futility. Let’s try to focus on the cause – we are well aware of the symptoms. We should stop trying to teach the pigs to sing. It can’t be done and they just get mad and angry.

    • anneinpt says:

      Very true Elliott. I have a post scheduled for tomorrow afternoon my time about the pernicious influence of the Europeans on the Palestinians. I hope you find it interesting.

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