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ISRAELI SETTLEMENTS IN OCCUPIED PALESTINIAN TERRITORIES
SETTLEMENTS ARE ILLEGAL ACCORDING TO INTERNATIONAL
LAW, BASED ON ARTICLE 49, FOURTH GENEVA CONVENTION AND
ARTICLE 55, THE HAGUE CONVENTION, 1907
Israel and the occupied Palestinian territory: The law of occupation must be respected
Geneva (ICRC) — Present in the region since 1967, the International Committee of the Red Cross (ICRC) considers the West Bank, including East Jerusalem, as well as the Gaza Strip, which constitute the occupied Palestinian territory, as remaining under Israeli occupation governed by treaty and customary rules of international humanitarian law (IHL), comprising the rules of belligerent occupation, and by international human rights law (IHRL).
ICRC’s longstanding legal position is that the establishment and expansion of civilian settlements by Israel in the occupied West Bank is incompatible with Israel’s obligation under article 49(6) of the Fourth Geneva Convention of 1949, prohibiting the transfer of part of the Occupying Power’s civilian population into the territory it occupies. The settlement enterprise has resulted in additional violations of IHL and humanitarian consequences for the occupied population including expropriation; damage and destruction of private property; misuse of public property; displacement of Palestinians; as well as Israeli settlers’ violence against Palestinians and their property.
The ICRC has consistently been asserting that the whole Israeli settlement enterprise undermines the raison d’être of the law of occupation. It fundamentally changes the status quo ante by creating facts on the ground that risk being permanent and generate far-reaching humanitarian consequences for Palestinians living under occupation. The settlement enterprise also shows how the State of Israel has used the broad powers granted to it by occupation law with a view to using the resources – or other assets of the territory it occupies – for the benefit of its own territory or population without discharging its correlative duties vis-à-vis the occupied population.
The ICRC remains deeply concerned by the humanitarian impacts that unilateral formal annexations – such as the annexation of East Jerusalem – or de facto annexation of parts of the West Bank have had and will continue to have on protected persons, as well as by past and current measures which create a constant state of unlawfulness under the law of occupation.
Unilateral annexations are inconsistent with the letter and the spirit of the law of occupation as well as with its underpinning principles. They have no effect on the legal status of the occupied territories under international law; nor do they have any bearing on the applicability of the law of belligerent occupation to these territories. IHL is clear that protected persons remain protected regardless of any annexation.
The ICRC has repeatedly condemned deliberate attacks against Israeli civilians and stressed that such acts are in clear violation of IHL. It recognizes Israel’s right to take measures to ensure the security of its population. However, these measures must respect the relevant rules of IHL and IHRL.
The ICRC remains convinced that improving compliance with IHL and IHRL in the occupied Palestinian territory is a crucial factor in helping to reduce the suffering of all those affected. The ICRC also remains close to those affected by armed conflicts, and will continue working on the ground to help alleviate their suffering.
The ICRC calls on all States to respect and ensure respect for IHL in all circumstances in accordance with their obligation under Common Article 1 to the Geneva Conventions of 1949.
END
“”The establishment of the settlements contravenes international humanitarian law (IHL), which states that an occupying power may not relocate its own citizens to the occupied territory or make permanent changes to that territory, unless these are needed for imperative military needs, in the narrow sense of the term, or undertaken for the benefit of the local population.”
SETTLEMENTS
https://www.btselem.org/
ARTICLE 49, FOURTH GENEVA CONVENTION
The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.
ARTICLE 49, FOURTH GENEVA CONVENTION
https://ihl-databases.icrc.
ARTICLE 55, THE HAGUE CONVENTION, 1907
Regulations: Art. 55
The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.
Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907.
https://ihl-databases.icrc.
THIS ILLEGAL CHARACTER IS MOSTLY SOLELY APPLIED TO
THE ISRAELI SETTLEMENTS IN OCCUPIED PALESTINIAN
TERRITORIES, BUT IT APPLIES ALL SETTLEMENTS IN OCCUPATED TERRITORIES OVER THE WORLD
AI OVERVIEW
CHECKED AND APPROVED
Israeli settlements in occupied territories—specifically the West Bank, East Jerusalem, and the Syrian Golan Heights—are widely considered illegal under international law. This position is held by the majority of the international community, the United Nations Security Council, the International Committee of the Red Cross (ICRC), and the International Court of Justice (ICJ).
- Fourth Geneva Convention (Article 49): The primary legal argument against settlements is that 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”.
- ICJ Advisory Opinion (2004 & 2024): In 2004, the ICJ ruled that Israeli settlements in the Occupied Palestinian Territory (OPT) are illegal. On July 19, 2024, the ICJ reaffirmed this, stating that Israel’s settlement enterprise violates international law and that Israel’s occupation itself is illegal.
- UN Security Council Resolutions: Several resolutions have declared the settlements a “flagrant violation” of international law, including Resolution 446 (1979), Resolution 465 (1980), and Resolution 2334 (2016).
- Rome Statute: The transfer of an occupying power’s population into occupied territory is listed as a war crime under the Rome Statute of the International Criminal Court (ICC).
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- Obstacle to Peace: UN resolutions frequently define settlements as a major obstacle to a “just, lasting and comprehensive peace” and the two-state solution.
- Demographic Change: Settlement construction often involves the expropriation of private Palestinian land and resources, altering the demographic composition of the occupied territory.
- Illegal Annexation: The settlements are viewed as a mechanism for de facto and de jure annexation, violating the principle that territory cannot be acquired through war.
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