Book contents
- International Law and the Arab-Israeli Conflict
- International Law and the Arab-Israeli Conflict
- Copyright page
- Contents
- Abbreviations
- Introduction
- 1 Is International Law Relevant?
- 2 The World War I
- 3 The Zionist Movement and the 1917 Balfour Declaration
- 4 Post–World War I and the 1922 League of Nations Mandate for Palestine, 1920–1947
- 5 The 1947 Partition Plan
- 6 Israel’s Declaration of Independence
- 7 The 1948 Arab-Israeli War
- 8 1949 Armistice Agreements
- 9 The Arab Refugee Problem
- 10 The 1967 Six Day War
- 11 UN Security Council Resolution 242
- 12 Camp David 1978
- 13 1979 Egypt–Israel Peace Treaty
- 14 Taba Arbitration
- 15 The Legality of Israeli Exploitation of Oil from Sinai
- 16 The Oslo Accords
- 17 Israel–Jordan
- 18 Post Oslo Developments
- 19 The Status of the ‘West Bank’ (Judea and Samaria) and the Gaza Strip
- 20 Israeli Settlements in the West Bank
- 21 Controversial Elements of Military Administration
- 22 Freedom of Navigation through International Waterways in the Region
- 23 Israel–Syria
- 24 Jerusalem
- 25 Controversial Laws of War Issues
- 26 Is Palestine a State?
- 27 Water Resources
- 28 Implications for Future Negotiations
- Index
20 - Israeli Settlements in the West Bank
Published online by Cambridge University Press: 21 April 2022
- International Law and the Arab-Israeli Conflict
- International Law and the Arab-Israeli Conflict
- Copyright page
- Contents
- Abbreviations
- Introduction
- 1 Is International Law Relevant?
- 2 The World War I
- 3 The Zionist Movement and the 1917 Balfour Declaration
- 4 Post–World War I and the 1922 League of Nations Mandate for Palestine, 1920–1947
- 5 The 1947 Partition Plan
- 6 Israel’s Declaration of Independence
- 7 The 1948 Arab-Israeli War
- 8 1949 Armistice Agreements
- 9 The Arab Refugee Problem
- 10 The 1967 Six Day War
- 11 UN Security Council Resolution 242
- 12 Camp David 1978
- 13 1979 Egypt–Israel Peace Treaty
- 14 Taba Arbitration
- 15 The Legality of Israeli Exploitation of Oil from Sinai
- 16 The Oslo Accords
- 17 Israel–Jordan
- 18 Post Oslo Developments
- 19 The Status of the ‘West Bank’ (Judea and Samaria) and the Gaza Strip
- 20 Israeli Settlements in the West Bank
- 21 Controversial Elements of Military Administration
- 22 Freedom of Navigation through International Waterways in the Region
- 23 Israel–Syria
- 24 Jerusalem
- 25 Controversial Laws of War Issues
- 26 Is Palestine a State?
- 27 Water Resources
- 28 Implications for Future Negotiations
- Index
Summary
The issue of Israeli settlements in the West Bank is controversial in the international community as well as within Israel society. The case for their illegality is based on the language of Article 49 of the IVth Geneva Convention. The contrary argument is that the population has not been transferred into the territory of an enemy State as set out in Article 49. It is debatable whether such settlements are illegal under international law, it is, however, clear that continued settlement activity is making it harder to achieve agreement on a separate independent Palestinian State or entity in the West Bank. Presumably the issue of Israeli settlements will only be resolved if Israel and the Arab Palestinians in the West Bank can agree on a boundary between them.If such a boundary is fixed, any Israeli settlement on the Palestinian side can only continue to exist with the agreement of the Palestinians. The issue is one of boundaries between Israel and a future Palestinian entity or State. It is not an Apartheid system of a minority controlling a majority but a border dispute that, hopefully, will be negotiated peacefully in the future.
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- International Law and the Arab-Israeli Conflict , pp. 316 - 324Publisher: Cambridge University PressPrint publication year: 2022