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Map of Israeli settlements (magenta) in the West Bank.
Map of Israeli settlements (magenta) in the West Bank. The West Bank (الضفة الغربية, הגדה המערבית Hagadah Hamaaravit) also referred to in Israel as " Judea and Samaria

Israeli settlements are communities inhabited by Israelis in territory that was occupied during the 1967 Six-Day War. For a topic outline on this subject see List of basic Israel topics. Background Suez Crisis aftermath The Suez Crisis of 1956 represented a military defeat but a political victory for Egypt Such settlements currently exist in the West Bank, which is partially under Israeli military administration[1] and partially under the control of the Palestinian National Authority, and in the Golan Heights, which are under Israeli civilian administration. The West Bank (الضفة الغربية, הגדה המערבית Hagadah Hamaaravit) also referred to in Israel as " Judea and Samaria Borders of Israel The Golan Heights ( الجولان al-Jawlān, הגולן ha-Golan) is a strategic Plateau and mountainous

The term sometimes includes communities in territory that was captured in 1967, but has since been under Israeli civil law, administration and jurisdiction in

An additional eighteen settlements formerly existed in the Sinai Peninsula, twenty-one in the Gaza Strip and four in the northern Samaria region of the West Bank. The Sinai Peninsula or Sinai ( Coptic: sina; Egyptian Arabic: sina سينا Arabic, sina'a سيناء The Gaza Strip (قطاع غزة, רצועת עזה Retzu'at 'Azza) is a coastal strip of land along the Mediterranean Sea, bordering Egypt on the south-west Samaria, or the Shomron ( שֹׁמְרוֹן, Standard Šoməron Tiberian Šōmərôn The West Bank (الضفة الغربية, הגדה המערבית Hagadah Hamaaravit) also referred to in Israel as " Judea and Samaria They were abandoned as part of Israeli withdrawals from these areas in 1982 (Sinai) and 2005. Year 1982 ( MCMLXXXII) was a Common year starting on Friday (link displays the 1982 Gregorian calendar) Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar.

A number of international bodies, including the United Nations Security Council, the International Court of Justice, the European Union, Amnesty International and Human Rights Watch and many legal scholars have characterized the settlements as a violation of international law, but other legal scholars, Israel, and the Anti-Defamation League disagree with this assessment. See also International Commission of Jurists The International Court of Justice (known colloquially as the World Court or ICJ; Cour The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in Amnesty International (commonly known as Amnesty or AI) is a Western based international Non-governmental organization which defines its mission as "to Human Rights Watch is a United States -based international Non-governmental organization that conducts research and advocacy on Human rights. For a topic outline on this subject see List of basic Israel topics. The Anti-Defamation League ( ADL) is an Interest group founded in 1913 by B'nai B'rith in the United States whose stated aim is "to stop (See Legal background)

Israeli policies toward these settlements have ranged from active promotion to removal by force, and their continued existence and status since the 1970s is one of the most contentious issues in the Israeli-Palestinian conflict. Israeli settlements are communities inhabited by Israelis in territory that was captured as a result of Jordanian attacks during the 1967 Six-Day War.

Contents

Terminology

Historical timeline

The cease-fire agreement following the 1967 Six-Day War left Israel in control of a number of areas captured during hostilities. An armistice is a situation where the warring parties agree to stop fighting Year 1967 ( MCMLXVII) was a Common year starting on Sunday (link will display full calendar of the 1967 Gregorian calendar. Background Suez Crisis aftermath The Suez Crisis of 1956 represented a military defeat but a political victory for Egypt

Original Israeli policy at that time was to deny any Jewish settlement of these areas or even Jewish resettlement of specific locations where Jews had resided up until the 1948 Arab-Israeli War (see: List of villages depopulated during the 1948 Arab-Israeli war). Many attempts were made by Gush Emunim to establish outposts or resettle former Jewish areas, and initially the Israeli government forcibly disbanded these settlements. Gush Emunim (גוש אמונים Block the faithful) was an Israeli political movement However, in the absence of peace talks to determine the future of these and other occupied territories, Israel ceased the enforcement of the original ban on settlement.

Settlement types and locations

Upper L: 3 are outside barrierTop L of center: part of N. Samaria disengagementWhole right: Jordan Valley L: W. Samaria bloc to Kedumim Center: hills around Nablus/Shechem Lower L: W. Samaria bloc to Ariel Lower middle: E. Trans-Samaria Hwy outside barrier
Upper L: 3 are outside barrier Top L of center: part of N. West bank walljpg|thumb|Aerial view looking east from the Israeli side Samaria disengagement Whole right: Jordan Valley
L: W. Israel's unilateral disengagement plan ( Hebrew: תוכנית ההתנתקות Tokhnit HaHitnatkut or תוכנית ההינתקות Tokhnit HaHinatkut in Samaria bloc to Kedumim Center: hills around Nablus/Shechem
Lower L: W. Samaria, or the Shomron ( שֹׁמְרוֹן, Standard Šoməron Tiberian Šōmərôn Kedumim (קדומים also spelled Qedumim, is an Israeli settlement located in the northern West Bank / Samaria that was founded during Nablus ( sometimes Nābulus; Arabic:; næːblʊs is a Palestinian city in the northern West Bank, approximately north of Jerusalem Shechem ( Sichem, Shkhem or Shachmu, Hebrew: שְׁכֶם‎ / שְׁכָם, Standard Samaria bloc to Ariel Lower middle: E. Samaria, or the Shomron ( שֹׁמְרוֹן, Standard Šoməron Tiberian Šōmərôn The city of Ariel (אֲרִיאֵל اريئيل is an Israeli settlement on the West Bank, in the Biblical region of Samaria near the ancient Trans-Samaria Hwy outside barrier

The Jewish population in the areas held since 1967 live in a wide variety of centers:

Upper left: Modiin blocUpper middle: Mountain ridge settlements outside barrierRight: Jordan Valley L above center: Latrun salientCenter: Jerusalem envelope, Ma'ale Adummim at right Lower L of center: Etzion blocLower center: Judean DesertLower right: Dead Sea
Upper left: Modiin bloc Upper middle: Mountain ridge settlements outside barrier Right: Jordan Valley
L above center: Latrun salient Center: Jerusalem envelope, Ma'ale Adummim at right
Lower L of center: Etzion bloc Lower center: Judean Desert Lower right: Dead Sea

Settlements on sites of former Jewish communities

A few of the settlements were established on sites that had been inhabited by Jews during the British Mandate of Palestine. Modi'in (מוֹדִיעִין is a city in the Center District of Israel. West bank walljpg|thumb|Aerial view looking east from the Israeli side Latrun (اللطرون al-Latrun; לטרון is a strategic hilltop in the Ayalon Valley overlooking the road to Jerusalem. Jerusalem (יְרוּשָׁלַיִם, he-Latn Yerushaláyim; Arabic: ar القُدس, ar-Latn al-Quds) is the Ma'ale Adumim (מעלה אדומים is an Israeli Settlement and city located east of Jerusalem in the West Bank and on the edge of the Judean Gush Etzion (גוש עציון literally bloc of Etzion) refers to a group of Jewish villages established from the 1920s south of Jerusalem on the northern part Judea or Judæa ( Hebrew: יהודה Standard Yəhuda Tiberian Yəhûḏāh, "praised The Dead Sea (יָם הַ‏‏מֶ‏ּ‏לַ‏ח, "Sea of Salt"البَحْر المَيّت, "Dead Sea" is a salt lake between The Palestine Mandate, was a set of protocols or articles that formed a multilateral legal and administrative agreement

partial listing only

Population

See also: Population statistics for Israeli West Bank settlements

Except for areas that were effectively annexed to Jerusalem and the Golan Heights, Israeli citizens and others can only move to areas captured in 1967 with the permission of the Israeli government. Footnotes According to various statistics,[9][10][11] the demographics can be estimated as follows:


Jewish population 1948 1966 1972 1983 1993 2004 2006
West Bank (excluding Jerusalem) 480 (see Gush Etzion) 0 1,182 22,800 111,600 234,487 282,400[12]
Gaza Strip 30 (see Kfar Darom) 0 700 1 900 4,800 7,826 0
Golan Heights 0 0 77 6,800 12,600 17,265 18,105
East Jerusalem 2300 (see Jewish Quarter, Atarot, Neve Yaakov) 0 8,649 76,095 152,800 181,587 184,057 2
Total 810 0 10,608 1 106,595 281,800 441,165 484,562
1 including Sinai
2 2005 data


In addition to internal migration, in large though declining numbers, the settlements absorb annually about 1000 new immigrants from outside Israel. Year 1948 ( MCMXLVIII) was a Leap year starting on Thursday (link will display the 1948 calendar of the Gregorian calendar. Year 1966 ( MCMLXVI) was a Common year starting on Saturday (link will display full calendar of the 1966 Gregorian calendar. Year 1972 ( MCMLXXII) was a Leap year starting on Saturday (link will display full calendar of the Gregorian calendar. Year 1983 ( MCMLXXXIII) was a Common year starting on Saturday (link displays the 1983 Gregorian calendar) Year 1993 ( MCMXCIII) was a Common year starting on Friday (link will display full 1993 Gregorian calendar) "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Gush Etzion (גוש עציון literally bloc of Etzion) refers to a group of Jewish villages established from the 1920s south of Jerusalem on the northern part Kfar Darom (כפר דרום lit South Village) was a Kibbutz and Israeli settlement within the Gush Katif bloc in the Gaza Strip For the article on Jewish Quarters throughout the Jewish diaspora, see Jewish Quarter (diaspora The Jewish Atarot (עטרות was a Moshav in the British Mandate of Palestine, north of Jerusalem along the highway to Ramallah. Neve Yaakov also Neve Ya'aqov, (נווה יעקב (lit Jacob's Oasis is a neighbourhood at the northeastern tip of Jerusalem. In the 90's, the annual settler population growth was more than three times the annual population growth in Israel. [13] In the 00's, the large settler population growth continues. [14]

The Israeli governments have implemented a consistent and systematic policy intended to encourage Jewish citizens to migrate to the West Bank. One of the tools used to this end is to grant financial benefits and incentives to citizens. [15]

Debate on the settlements

Palestinians argue that the policy of settlements constitutes an effort to pre-empt or even sabotage a peace treaty that includes Palestinian sovereignty, and claim that the settlements are built on land that belongs to Palestinians. Palestinian people or Palestinians ( الشعب الفلسطيني, ash-sha`b al-filasTīni; الفلسطينيون, al-filasTīnīyyūn A peace treaty is an agreement between two hostile parties usually countries or governments that formally ends an armed conflict Sovereignty is the exclusive Right to control a Government, a country, a people or oneself [16][17]

Israelis supportive of settlement respond that they are religiously justified in owning the land. Furthermore, the Israel Foreign Ministry asserts that some settlements are legitimate, as they took shape when there was no operative diplomatic arrangement, and thus they did not violate any agreement. [18][19][20] Based on this, they assert the following specific reasons for accepting settlements as legitimate.

Legal background

Land ownership

In November 2006 Peace Now acquired a report (which it claims was leaked from the Israeli Government's Civil Administration) that indicates that as much as 40 percent of the settlement land that Israel plans to retain is privately owned by Palestinians. Peace Now ( Hebrew: שלום עכשיו - Shalom Akhshav) is a left-wing Non-governmental organization in Israel with the agenda of [27] Peace Now further claims that this is a violation of Israeli law. [28] The Washington Post reported that "The 38-page report offers what appears to be a comprehensive argument against the Israeli government's contention that it avoids building on private land, drawing on the state's own data to make the case". [29] Peace Now published statistics and aerial maps for each individual settlement. [30] [31] According to the spokesman of Israel’s Civil Administration, this report was based on a leaked map that indicated Palestinian claims rather than rights, and that Peace Now never contacted the Civil Administration to confirm the report. [32] A recent report by Peace Now, allegedly based on official data provided by the Civil Administration following a court struggle cites a lower figure of 32%, a figure rejected by the Civil Administration. [33] In February 2008, The Civil Administration admitted that more than a third of West Bank settlements were built on private Palestinian land, originally seized by the IDF for 'security purposes'. [34] The unauthorized seizure of private Palestinian land has been defined by the Civil Administration itself in a recent case as 'theft'. [35]

Illegal seizure of land owned by Palestinians continues. For example, in 2007 for several months young settlers have been occupying a house belonging to an elderly Palestinian widow. The widow has turned to the Israeli government for redress; the Israeli police are present in the area for a half day every week and have evicted the settlers on several occasions, but they keep coming straight back and intend to stay. [36]

According to the Israeli government, the majority of the land currently occupied by the new settlements was vacant or belonged to the state (from which it was leased) or bought fairly from the Palestinians. Palestinian people or Palestinians ( الشعب الفلسطيني, ash-sha`b al-filasTīni; الفلسطينيون, al-filasTīnīyyūn Former United States State Department Legal Advisor Stephen Schwebel, who later headed the International Court of Justice, wrote in 1970 regarding Israel's case:

Where the prior holder of territory had seized that territory unlawfully, the state which subsequently takes that territory in the lawful exercise of self-defense has, against that prior holder, better title. The United States of America —commonly referred to as the Stephen M Schwebel is an American jurist and expert on International law. See also International Commission of Jurists The International Court of Justice (known colloquially as the World Court or ICJ; Cour Year 1970 ( MCMLXX) was a Common year starting on Thursday (link shows full calendar of the Gregorian calendar. [37]

The recent use of the Absentee Property Law to "transfer, sell or lease any real estate property" in East Jerusalem owned by Palestinians who live elsewhere (usually in the West Bank) without compensation has been criticized both inside and outside of Israel. [38]

Opponents of the settlements claim that "vacant" land had either belonged to Arabs who had fled or belonged collectively to an entire village, a practise that had developed under Ottoman rule. The Ottoman Empire (1299–1923 ( Old Ottoman Turkish: دولتْ علیّه عثمانیّه Devlet-i Âliye-yi Osmâniyye, Late Ottoman and Modern Turkish B'Tselem claims that the Israeli government used the absence of modern legal documents for the communal land as a legal basis for expropriating it. B'Tselem (בצלם "in the image of" as in Genesis) is an Israeli Non-governmental organization (NGO that describes

Legal status of the territories

Although all areas in question were captured by Israel in the 1967 Six-Day War, Israel has treated them in three different ways:

The annexation of East Jerusalem and the Golan Heights Law have both been deemed illegal by the UN Security Council (resolutions 267 and 497 respectively), and have not been recognized by other states. The Golan Heights Law is the Israeli law which applies Israel's government and laws to the Golan Heights. United Nations Security Council Resolution 267, adopted 3 July 1969 calls on Israel to rescind measures of annexation of East Jerusalem. United Nations Security Council Resolution 497 ( December 17, 1981) adopted unanimously calls on the State of Israel to rescind its de

Israel has signed peace treaties with Egypt (removing all Israeli settlements and returning the Sinai Peninsula to Egyptian sovereignty), and Jordan (returning small sections to Jordanian sovereignty); there are currently no peace treaties governing Israel's borders related to the West Bank, the Gaza Strip, and the Golan Heights. The Sinai Peninsula or Sinai ( Coptic: sina; Egyptian Arabic: sina سينا Arabic, sina'a سيناء Israel therefore asserts that the armistice lines (known as the Green Line) of 1949 have no other legal status.

Palestinians object to this view as the Israel-Jordan peace treaty was not to alter the status of any territories coming under Israeli control during the hostilities of 1967 (article 3(2) of the Israel-Jordan peace treaty). [39]

Legal status of the settlements

See also International law and the Arab-Israeli conflict

The establishment and expansion of Israeli settlements in the West Bank and Gaza Strip have been described as "having no legal validity" by the UN Security Council in resolutions 446, 452, 465 and 471. United Nations Security Council Resolution 446 concerned the issue of Israeli settlements in the "Arab territories occupied by Israel since 1967 including United Nations Security Council Resolution 452 was on the issue of the Israeli settlements in the Palestinian territories of East Jerusalem United Nations Security Council Resolution 465 was on the issue of the Israeli settlements and administration in "the Arab territories occupied since United Nations Security Council Resolution 471 was on the issue of the Israeli occupation and settlement activity in the Palestinian territories These resolutions were made under Chapter VI of the United Nations Charter which relates to the "Pacific Settlement of Disputes" between parties, and as such have no enforcement mechanisms and are generally considered to have no binding force under international law. [40] In 1971, however, a majority of the then International Court of Justice (ICJ) members asserted in the non-binding Namibia advisory opinion that all UN Security Council resolutions are legally binding. See also International Commission of Jurists The International Court of Justice (known colloquially as the World Court or ICJ; Cour An advisory opinion is an opinion issued by a Court that does not have the effect of resolving a specific Legal case, but merely advises on the constitutionality or [41] This assertion by the ICJ has been countered by Erika De Wet and others. [42] De Wet argues that Chapter VI resolutions cannot be binding. Her reasoning, in part states:

Allowing the Security Council to adopt binding measures under Chapter VI would undermine the structural division of competencies foreseen by Chapters VI and VII, respectively. The whole aim of separating these chapters is to distinguish between voluntary and binding measures. Whereas the pacific settlement of disputes provided by the former is underpinned by the consent of the parties, binding measures in terms of Chapter VII are characterised by the absence of such consent. A further indication of the non-binding nature of measures taken in terms of Chapter VI is the obligation on members of the Security Council who are parties to a dispute, to refrain from voting when resolutions under Chapter VI are adopted. No similar obligation exists with respect to binding resolutions adopted under Chapter VII. . . If one applies this reasoning to the Namibia opinion, the decisive point is that none of the Articles under Chapter VI facilitate the adoption of the type of binding measures that were adopted by the Security Council in Resolution 276(1970). . . Resolution 260(1970) was indeed adopted in terms of Chapter VII, even though the ICJ went to some length to give the opposite impression. [43]

Pieter H. F. Bekker has argued that this non-binding character of ICJ advisory opinions does not mean that are without legal effect, because the legal reasoning embodied in them reflects the Court's authoritative views on important issues of international law and, in arriving at them, the Court follows essentially the same rules and procedures that govern its binding judgments delivered in contentious cases submitted to it by sovereign states. In his view, an advisory opinion derives its status and authority from the fact that it is the official pronouncement of the principal judicial organ of the United Nations. [44] In practice the Security Council does not consider its decisions outside Chapter VII to be binding. [42]

The European Union considers the settlements to be illegal,[45] and an April 21, 1978 opinion of the Legal Adviser of the Department of State to the United States Congress on the legal status of Israeli settlements concluded that "[w]hile Israel may undertake, in the occupied territories, actions necessary to meet its military needs and to provide for orderly government during the occupation, for the reasons indicated above the establishment of the civilian settlements in those territories is inconsistent with international law. An Act of Congress of February 23, 1931 (PL 71-715 46 Stat 1214 created the position of Legal Adviser of the Department of State, with rank equivalent The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses "[46][47]

In 1967, Theodor Meron, legal council to the Israeli Foreign Ministry stated in a legal opinion to Adi Yafeh, the Political Secretary of the Prime Minister, "My conclusion is that civilian settlement in the administered territories contravenes the explicit provisions of the Fourth Geneva Convention. Theodor Meron (b 28 April, 1930) was the president of the International Criminal Tribunal for the former Yugoslavia (ICTY until 2005 and was a judge "[48] Nevertheless, Israel considers its settlement policy to be consistent with international law, including the Fourth Geneva Convention, while recognizing that some of the smaller settlements have been constructed "illegally" in the sense of being in violation of Israeli law. [49] In 1998 the Israeli Minister of Foreign Affairs produced "The International Criminal Court Background Paper". [50] It concludes

International law has long recognised that there are crimes of such severity they should be considered "international crimes". Such crimes have been established in treaties such as the Genocide Convention and the Geneva Conventions. . . . . The following are Israel's primary issues of concern [ie with the rules of the ICC]: - The inclusion of settlement activity as a "war crime" is a cynical attempt to abuse the Court for political ends. The implication that the transfer of civilian population to occupied territories can be classified as a crime equal in gravity to attacks on civilian population centres or mass murder is preposterous and has no basis in international law.

International human rights groups Amnesty International and Human Rights Watch have denounced the settlements as illegal,[51][52], though the Anti-Defamation League has argued that they are legal. Human rights refers to the "basic Rights and freedoms to which all humans are entitled Amnesty International (commonly known as Amnesty or AI) is a Western based international Non-governmental organization which defines its mission as "to Human Rights Watch is a United States -based international Non-governmental organization that conducts research and advocacy on Human rights. The Anti-Defamation League ( ADL) is an Interest group founded in 1913 by B'nai B'rith in the United States whose stated aim is "to stop [53]

Some legal scholars [54] (including prominent international law expert Julius Stone, [55] [56] and Eugene Rostow, Dean of Yale Law School) and others, have also argued that the settlements are legal under international law, on a number of different grounds. Julius Stone ( 7 July 1907 &ndash 1985 was Challis Professor of Jurisprudence and International Law at the University of Sydney from Eugene V (Victor Debs Rostow ( August 25, 1913 &ndash November 25, 2002) influential legal scholar and public servant was Dean of Yale Yale Law School, or YLS, is the Law school of Yale University in New Haven Connecticut.

Arguments based on the Fourth Geneva Convention

There are two disputes regarding the Fourth Geneva Convention: whether the convention applies to the territories in question and whether the Convention forbids the establishment of Israeli settlements. Article 2 concerns the applicability of the Convention whereas article 49 concerns the legality of population transfers. In practice, Israel does not accept that the Fourth Geneva Convention applies de jure, but has stated that on humanitarian issues it will govern itself de facto by its provisions, without specifying which these are. [57][58]

Article 2

Article 2 extends the Convention to "all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties" and "all cases of partial or total occupation of the territory of a High Contracting Party". [59] Supporters of the legality of the settlements argue that the Convention itself does not apply, as the West Bank and Gaza Strip have never been part of a sovereign state since the defeat of the Ottoman Empire, therefore do not meet the definition of "the territory of a High Contracting Party". The West Bank (الضفة الغربية, הגדה המערבית Hagadah Hamaaravit) also referred to in Israel as " Judea and Samaria The Gaza Strip (قطاع غزة, רצועת עזה Retzu'at 'Azza) is a coastal strip of land along the Mediterranean Sea, bordering Egypt on the south-west The Ottoman Empire (1299–1923 ( Old Ottoman Turkish: دولتْ علیّه عثمانیّه Devlet-i Âliye-yi Osmâniyye, Late Ottoman and Modern Turkish [60][61][62][63] This argument was articulated in 1971[64] by Israeli Attorney-General Meir Shamgar[65] (who also created the legal framework of the Israeli military government in the administered territories[66]) and presented by Moshe Dayan in a speech before the 32nd session of the United Nations General Assembly in 1977. Meir Shamgar (b Danzig, 1925 was President of the Israeli Supreme Court from 1983 until 1995 Moshe Dayan, DSO (משה דיין born 20 May 1915 died 16 October 1981 was an Israeli military leader and politician [67]

The International Court of Justice, in an advisory (i. See also International Commission of Jurists The International Court of Justice (known colloquially as the World Court or ICJ; Cour e. non-binding) opinion to the UN General Assembly, argued that according to Article 2 of the Convention applies if “there exists an armed conflict” between “two contracting parties”, regardless of the territories status in international law prior to the armed attack. Membership For two articles dealing with membership in the General Assembly see General Assembly members It also argued that "no territorial acquisition resulting from the threat or use of force shall be recognized as legal" according to customary international law (and defined by "Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations" (General Assembly Resolution 2625). Customary international law are those aspects of International law that derive from custom. [68]

On 15 July 1999 a conference of the High Contracting Parties to the Fourth Geneva Convention met at the United Nations headquarters in Geneva. Events 1099 - First Crusade: Christian soldiers take the Church of the Holy Sepulchre in Jerusalem after the final It ruled that the Convention did apply in the Occupied Palestinian Territory, including East Jerusalem. [69][70] The Conference of High Contracting Parties to the Fourth Geneva Convention held in Geneva on December 5, 2001 called upon "the Occupying Power to fully and effectively respect the Fourth Geneva Convention in the Occupied Palestinian Territory, including East Jerusalem, and to refrain from perpetrating any violation of the Convention. Events 63 BC - Cicero reads the last of his Catiline Orations. Year 2001 ( MMI) was a Common year starting on Monday according to the Gregorian calendar. " The High Contracting Parties reaffirmed "the illegality of the settlements in the said territories and of the extension thereof. "[71]

U. N. Security Council Resolution 446 refers directly to the Fourth Geneva Convention as the applicable international legal instrument, and specifically insists that Israel desist from transferring its own population into the territories or changing their demographic makeup.

However, others have objected to the ruling of the conference, which they argue has amended history and been construed only for this specific situation (see excerpt below). Under Article 2, the Convention pertains only to “cases of…occupation of the territory of a High Contracting Party” by another such party. The West Bank and Gaza Strip were never the territory of a High Contracting Party; the occupation after 1948 by Jordan and Egypt was illegal and neither country ever had lawful or recognized sovereignty. The last legal sovereignty over the territories was that of the League of Nations Palestine Mandate, which stipulated the right of the Jewish people to settle in the whole of the Mandated territory. According to Article 6 of the Mandate, “close settlement by Jews on the land, including State lands not required for public use” was to be encouraged. Article 25 allowed the League Council to temporarily postpone the Jewish right to settle in what is now Jordan, if conditions were not amenable. Article 80 of the U. N. Charter preserved this Jewish right to settlement by specifying that:

nothing in the [United Nations] Charter shall be construed . . . to alter in any manner the rights whatsoever of any states or peoples or the terms of existing international instruments. [72]

According to barrister and human rights activist Stephen Bowen, Israel’s argument was rejected by the international community "because the Convention also states that it applies 'in all circumstances' (Article 1), and 'to all cases of declared war or of any other armed conflict' (Article 2). "[73] Shamgar argues specifically against this point, stating:

There is no rule of international law according to which the Fourth Convention applies in each and every armed conflict whatever the status of the parties. . . . The whole idea of the restriction of military government powers is based on the assumption that there has been a sovereign who was ousted and that he was a legitimate sovereign. Any other conception would lead to the conclusion, for example, that France should have acted in Alsace-Lorraine according to rule 42-56 of the Hague Rules of 1907, until the signing of a peace treaty. This article is about the country For a topic outline on this subject see List of basic France topics. Alsace-Lorraine (Reichsland Elsaß-Lothringen generally Elsass - Lothringen) was a territorial entity created by the German Empire in 1871 The Hague Conventions were international treaties negotiated at the First and Second Peace Conferences at The Hague, Netherlands in 1899 and [64]

Article 49

Article 49 (1) insists that "Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive" and Article 49(6) insists that "The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies". [59] According the commentary of Jean Pictet of the International Red Cross, this is intended to prevent the World War II practice of an occupying power transferring "portions of its own population to occupied territory for political and racial reasons or in order, as they claimed, to colonize those territories" which in turn "worsened the economic situation of the native population and endangered their separate existence as a race". The International Red Cross and Red Crescent Movement is an International humanitarian movement with approximately 97 million volunteers worldwide who stated World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including [74]

Supporters of the legality of the settlements argue that even if the Convention did apply, it should be read only in the context of World War II forcible migrations at the time. World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including It is only intended to cover forcible transfers and to protect the local population from displacement. They point out Article 49(1) specifically covers "[i]ndividual or mass forcible transfers" whereas the Israelis who live in the settlements have moved there voluntarily, and argue that settlements are not intended to, nor have ever resulted in, the displacement of Palestinians from the area. [60][62][75][76][63] In addition, they state that the Geneva Convention only applies in the absence of an operative peace agreement and between two powers accepting the Convention. Since the Oslo Accords leave the issue of settlements to be negotiated later, proponents of this view argue that the Palestinians accepted the temporary presence of Israeli settlements pending further negotiation, and that there is no basis for declaring them illegal. Israeli-Palestinian conflict The Oslo Accords, officially called the Declaration of Principles on Interim Self-Government Arrangements or Declaration of Principles [60][76][77][61][78][63]

Those who reject that view have a different reading of the article. They note that Pictet's commentary on Article 49(6) states "[t]he paragraph provides protected persons with a valuable safeguard. It should be noted, however, that in this paragraph the meaning of the words "transfer" and "deport" is rather different from that in which they are used in the other paragraphs of Article 49, since they do not refer to the movement of protected persons but to that of nationals of the occupying Power. " David Kretzmer, Professor of International Law at Hebrew University of Jerusalem, has argued:

As paragraph 1 of Article 49 refers expressly to forcible transfers, it seems fair to conclude that the term "transfer" in paragraph 6 means both forcible and nonforcible transfers. This conclusion would seem to flow from the object of the Fourth Geneva Convention, which is to protect civilians in the occupied territory, and not the population of the occupied power. From the point of view of the protected persons, whether the transfer of outsiders into their territory is forcible or not would seem to be irrelevant. "[79]

US State Department Legal Advisor, Herbert J. Hansell, in a letter dated 1 April, 1978, has reached the same conclusion, noting that "[p]aragraph 1 of article 49 prohibits "forcible" transfers of protected persons out of the occupied territory; paragraph 6 is not so limited. "[80]

He further argued that:

The view has been advanced that a transfer is prohibited under paragraph 6 only to the extent that it involves the displacement of the local population. Although one respected authority, Lauterpacht, evidently took this view, it is otherwise unsupported in the literature, in the rules of international law or in the language and negotiating history of the Convention, and it seems clearly not correct. Displacement of protected persons is dealt with separately in the Convention and paragraph 6 would seem redundant if limited to cases of displacement. Another view of paragraph 6 is that it is directed against mass population transfers such as occurred in World War II for political, racial or colonization ends; but there is no apparent support or reason for limiting its application to such cases.

The latter interpretation was adopted by the International Court of Justice in its 2004 advisory opinion [81], and 150 countries supported a (non-binding) General Assembly resolution demanding Israel to "comply with its legal obligations as mentioned in the advisory opinion". [82]

Arguments based on UNSC Resolution 242 and the British Mandate

Rostow and others further argue that UN Security Council Resolution 242 (which Rostow helped draft) mandates Israeli control of the territories, and that the original British Mandate of Palestine still applies, allowing Jewish settlement there. United Nations Security Council Resolution 242 (S/RES/242 was adopted unanimously by the UN Security Council on November 22, 1967 The Palestine Mandate, was a set of protocols or articles that formed a multilateral legal and administrative agreement [76][61][77][83] In Rostow's view

The British Mandate recognized the right of the Jewish people to "close settlement" in the whole of the Mandated territory. It was provided that local conditions might require Great Britain to "postpone" or "withhold" Jewish settlement in what is now Jordan. This was done in 1922. But the Jewish right of settlement in Palestine west of the Jordan river, that is, in Israel, the West Bank, Jerusalem, and the Gaza Strip, was made unassailable. That right has never been terminated and cannot be terminated except by a recognized peace between Israel and its neighbors. And perhaps not even then, in view of Article 80 of the U. N. Charter, "the Palestine article," which provides that "nothing in the Charter shall be construed . . . to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments. . . . "[83]

According to Rostow "the Jewish right of settlement in the area is equivalent in every way to the right of the local population to live there". [84]

This right is based on Article 6 of the Mandate which states: "The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage, in cooperation with the Jewish Agency referred to in Article 4, close settlement by Jews on the land, including State lands not required for public use". In addition, many Israeli settlements have been established on sites which were home to Jewish communities before 1948 such as Neve Ya'acov, Gush Etzion, Hebron, Kalia, and Kfar Darom. Gush Etzion (גוש עציון literally bloc of Etzion) refers to a group of Jewish villages established from the 1920s south of Jerusalem on the northern part Hebron ( al-Ḫalīl or al-Khalīl, Standard Hebrew: Ḥevron Tiberian Hebrew: Ḥeḇrôn is the largest city in the West Bank, located in the south Kalia may refer to Kalia Bangladesh Kalia Chad Kalia Democratic Republic of Congo Kalia Guinea Kfar Darom (כפר דרום lit South Village) was a Kibbutz and Israeli settlement within the Gush Katif bloc in the Gaza Strip

Contrary to this view other legal scholars have argued that under Articles 31 and 32 of the Vienna Convention on the Law of Treaties the only common sense interpretation of UNSC 242 is that Israel must withdraw from all of the territory captured in 1967, as any interpretation permitting the extension of sovereignty by conquest would violate the relevant governing principle of international law as emphasized in the preambular statement, i. The 1969 Vienna Convention on the Law of Treaties (or VCLT) codified the pre-existing Customary international law on treaties, with some necessary e. , "the inadmissibility of the acquisition of territory by war" as established through the abolition of the right of conquest by the League of Nations following World War I. The League of Nations was an International organization founded as a result of the Treaty of Versailles in 1919–1920 World War I (abbreviated WWI; also known as the First World War, the Great War, and the War to End All

Furthermore, it is argued that UNSC 242 has binding force under Article 25 of the UN Charter owing to its incorporation into UN Security Council Resolution 338 and that it is also binding on Israel and the PLO by agreement owing to its incorporation into the Oslo Accords. [85]

Others argue that the Oslo Accords supersede UNSC 242 rather than making it binding. [86] The Declaration of Principles in the accords only state that future negotiations will "lead to the implementation of Security Council Resolutions 242 and 338. "[87]

Additionally, as the international community considered the status of Jerusalem to be unresolved, even after 1967, and did not deem any part of the city to be Israeli territory, including that part held since 1948, UNSC 242 did not settle territorial issues between Israel and Palestine left unresolved by the 1949 Armistice Agreements. [88] Indeed, Sir Elihu Lauterpacht and others have argued that, because of the disorder in Palestine at the time, the territorial framework of the 1947 Partition Plan did not come into effect in such a way as to ipso jure grant Israel sovereignty over the territory allocated to the Jewish state under that plan. Ipso jure is a Latin phrase directly translated as By operation of law. [85] Stone agrees with Lauterpacht's analysis, and his view that sovereignty was acquired through other means:

Lauterpacht has offered a cogent legal analysis leading to the conclusion that sovereignty over Jerusalem has already vested in Israel. His view is that when the partition proposals were immediately rejected and aborted by Arab armed aggression, those proposals could not, both because of their inherent nature and because of the terms in which they were framed, operate as an effective legal re-disposition of the sovereign title. They might (he thinks) have been transformed by agreement of the parties concerned into a consensual root of title, but this never happened. And he points out that the idea that some kind of title remained in the United Nations is quite at odds, both with the absence of any evidence of vesting, and with complete United Nations silence on this aspect of the matter from 1950 to 1967?… In these circumstances, that writer is led to the view that there was, following the British withdrawal and the abortion of the partition proposals, a lapse or vacancy or vacuum of sovereignty. In this situation of sovereignty vacuum, he thinks, sovereignty could be forthwith acquired by any state that was in a position to assert effective and stable control without resort to unlawful means. [60]

Antonio Cassese disagrees with this analysis, arguing that whilst Israel's original occupation of West Jerusalem might have been carried out in an act of self-defense under Article 51 of the UN Charter, this did not confer legal title to the territory owing to the general prohibition in international law on the acquisition of sovereignty through military conquest. Antonio Cassese was the first President of the International Criminal Tribunal For the Former Yugoslavia (ICTY serving in this capacity from 1993 to 1997 He further considers that "mere silence" could not constitute agreement by the United Nations to the acquisition of sovereignty by Israel or Jordan as a result of their de facto control of Jerusalem. Cassese concludes that "at least a tacit manifestation of consent through conclusive acts would have been necessary", whereas such relevant acts as did take place confirmed that no such consent to the transfer of sovereignty was given. [89]

Arguments based on historical agreements

For more details on this topic, see Faisal-Weizmann Agreement.

Some have argued that Israel has a right to settle in areas agreed upon with Emir Faisal, the recognized political leader of the Arab world at the time. Faisal bin Al Hussein Bin Ali El-Hashemi, GCB, GCMG ( فيصل بن حسين Fayṣal ibn Ḥusayn; 20 May 1883 &ndash September 8 Faisal signed an agreement with Chaim Weizmann, the recognized leader of the modern Zionisim movement. Chaim Azriel Weizmann ( Hebrew: חיים עזריאל ויצמן – November 27, 1874 &ndash November 9, 1952) was a Zionist

The agreement, known as the Faisal-Weizmann Agreement, signed in January 1919, agreed conditional terms of borders between the Jewish state and the Arab states, which include the present day territories in dispute.

Arguments based on the cause of the war

It has been argued that Israel took control of the West Bank as a result of a defensive war. Former Israeli diplomat Dore Gold writes that:

"The language of "occupation" has allowed Palestinian spokesmen to obfuscate this history. Ambassador Dore Gold (* 1953 is a former Israeli Diplomat. He also served as President of the Jerusalem Center for Public Affairs as well as an advisor By repeatedly pointing to "occupation", they manage to reverse the causality of the conflict, especially in front of Western audiences. Thus, the current territorial dispute is allegedly the result of an Israeli decision "to occupy", rather than a result of a war imposed on Israel by a coalition of Arab states in 1967".

He quotes Former State Department Legal Advisor Stephen Schwebel, who later headed the International Court of Justice in the Hague, and wrote in 1970 regarding Israel's case:

Where the prior holder of territory had seized that territory unlawfully, the state which subsequently takes that territory in the lawful exercise of self-defense has, against that prior holder, better title.

Settlements, Palestinians, and human rights

Settlements (darker pink) and areas of the West Bank (lighter pink) where access by Palestinians is closed or restricted. Source: United Nations Office for the Coordination of Humanitarian Affairs, January 2006.
Settlements (darker pink) and areas of the West Bank (lighter pink) where access by Palestinians is closed or restricted. The West Bank (الضفة الغربية, הגדה המערבית Hagadah Hamaaravit) also referred to in Israel as " Judea and Samaria Source: United Nations Office for the Coordination of Humanitarian Affairs, January 2006.

Amnesty International argues that Israel's settlement policy is not only illegal, but is discriminatory and a violation of Palestinian human rights:

'As well as violating international humanitarian law per se, the implementation of Israel's settlement policy in the Occupied Territories violates fundamental human rights provisions, including the prohibition of discrimination. Amnesty International (commonly known as Amnesty or AI) is a Western based international Non-governmental organization which defines its mission as "to The seizure and appropriations of land for Israeli settlements, bypass roads and related infrastructure and discriminatory allocation of other vital resources, including water, have had a devastating impact on the fundamental rights of the local Palestinian population, including their rights to an adequate standard of living, housing, health, education, and work, and freedom of movement within the Occupied Territories. "[51]

The Israeli human rights centre B'Tselem and other sources have indicated that the road blocks scattered inside the West Bank between Palestinian cities and villages which are designed to "protect the settlers" from Arab snipers firing on Israeli drivers, as well as Arab ambushes of Israelis, have had a significant impact on freedom of movement. B'Tselem (בצלם "in the image of" as in Genesis) is an Israeli Non-governmental organization (NGO that describes Freedom of movement, mobility rights or the right to travel is a Human rights concept which is respected in the Constitutions of numerous While the road blocks are also said to protect Israelis within Israel, according to B'Tselem, the (siege) "imprisons entire populations within their communities or in a small geographic area and limits their access to other parts of the West Bank. "[90][91][92]

In Hebron, where 500-600 settlers live among 167,000 Palestinians, B'Tselem argues that there have been "grave violations" of Palestinian human rights because of the "presence of the settlers within the city. " The organization cites regular incidents of "almost daily physical violence and property damage by settlers in the city", curfews and restrictions of movement that are "among the harshest in the Occupied Territories", and violence and by Israeli border policemen and the IDF against Palestinians who live in the city's H2|sector. Hebron ( al-Ḫalīl or al-Khalīl, Standard Hebrew: Ḥevron Tiberian Hebrew: Ḥeḇrôn is the largest city in the West Bank, located in the south [93][94][95]

Human Rights Watch reports on physical violence against Palestinians by settlers, including, "frequent[ly] stoning and shooting at Palestinian cars. Human Rights Watch is a United States -based international Non-governmental organization that conducts research and advocacy on Human rights. In many cases, settlers abuse Palestinians in front of Israeli soldiers or police with little interference from the authorities. "[96]

B'Tselem also documents settler actions against Palestinians that include "blocking roadways, so as to impede Palestinian life and commerce. The settlers also shoot solar panels on roofs of buildings, torch automobiles, shatter windowpanes and windshields, destroy crops, uproot trees, abuse merchants and owners of stalls in the market. Some of these actions are intended to force Palestinians to leave their homes and farmland, and thereby enable the settlers to gain control of them. "[97]

According to B'Tselem, more than fifty percent of the land of the West Bank has been expropriated from Palestinian owners "mainly to establish settlements and create reserves of land for the future expansion of the settlements". While the seized lands mainly benefit the settlements, the Palestinian public is prohibited from using them in any way. [98] According to Meron Benvenisti,

'the entire "settlement enterprise" has become a commercial real estate project, which conscripts Zionist rhetoric for profit'. Meron Benvenisti is an Israeli political scientist who was Deputy Mayor of Jerusalem under Teddy Kollek from 1971 to 1978 and administered East Jerusalem [99]

Settlers are particularly active during the Palestinian olive harvest season. The Olive ( Olea europaea) is a Species of small Tree in the family Oleaceae, native to the coastal areas of the eastern [97] Olive farmers and families are targeted by settlers while on their fields, and are assaulted or shot-at. Numerous organizations have documented serious abuses by settlers during this season, and many international and Israeli organizations organize campaigns to protect Palestinians on the fields during the harvest. [100][101][102][103][104]

A series of modern roads have been established by Israel throughout the West Bank which bypass Palestinian areas, some of which are closed to vehicles with Palestinian license-plates in varying degrees, can fluctuate based on Israeli security concerns: some roads (mostly leading into Israel) are closed to all Palestinian traffic; many roads are closed to private traffic but allow public and commercial transportation; some roads are fully open to all Palestinian traffic and are shared completely with Israeli motorists. At the same time, Palestinian areas and roads are closed to vehicles with Israeli license-plates. Israel argues that such a system is needed for security reasons because of many incidents in which Israelis who entered Palestinians areas were endangered or killed, and that the restrictions generally reduce tension between the two populations. B'Tselem has described this system as nevertheless 'discriminatory': "Rather than use the main roads between the cities, most of the population is forced to use long and winding alternate routes. The regime has forced most Palestinians to leave their cars at home and travel by public transportation, in part because private cars are not allowed to cross some of the checkpoints. " B'Tselem lists the effects of this separate roads regime, including: Wasted (additional) time to reach destinations, tardiness or inability to reach destinations, exhaustion, increased cost of travel, and increased wear and tear on vehicles resulting from travel on worn down or dirt roads. [105]

The recent construction of the Israeli West Bank barrier routed inside the green line to encompass a variety of settlements has also been cited as an infirengement on Palestinian human and land rights. West bank walljpg|thumb|Aerial view looking east from the Israeli side The United Nations Office for the Coordination of Humanitarian Affairs estimates that 10% of the West Bank will fall on the Israeli side of the barrier. "OCHA" redirects there See Ocha for other possible meanings [106][107]

Another incident that sparked coverage in the New York Times was a violent settler protest at the Palestinian village of Funduk in November 2007, in which hundreds of settlers converged at the entrance of the village and rampaged. The protest occurred five days after a settler was killed in response to settlers' illegal seizure of Palestinian land without Israeli government response to Palestinian complaints of the land seizure. The settlers smashed the windows of houses and cars. According to Funduk villagers, Israeli soldiers and police accompanied the protesters but mostly stood aside while the settlers rampaged. [108]

Since the beginning of Second Intifada, 41 Palestinians were killed by Israeli civilians in the Palestinian territories, while 233 Israeli civilians were killed by Palestinians in the territories in the same period. Name There are differences of opinion as to what the Palestinian territories should be called (Note: according to B'Tselem, many of the Israeli civilians who were killed in the territories were not residents of the territories at the time, and as such would not be considered 'settlers'). The total number of Palestinians killed in the territories is over 3300 (though this number does not differentiate between Palestinian combatants and Palestinian civilians), while the total number of Israelis is 458. The number of Israelis killed inside of Israel is 540, and the number of Palestinians killed in Israel is 58. [109]

Diplomatic reactions, proposals, and criticisms

Gush Katif was a block of 16 Israeli settlements in the southern Gaza Strip. Its 8,000 residents were forced to leave and had their homes demolished in August 2005 as part of Israel's unilateral disengagement plan.
Gush Katif was a block of 16 Israeli settlements in the southern Gaza Strip. Gush Katif (גוש קטיף "Harvest Bloc" was a bloc of 17 Israeli settlements in the southern Gaza strip. The Gaza Strip (قطاع غزة, רצועת עזה Retzu'at 'Azza) is a coastal strip of land along the Mediterranean Sea, bordering Egypt on the south-west Its 8,000 residents were forced to leave and had their homes demolished in August 2005 as part of Israel's unilateral disengagement plan. Israel's unilateral disengagement plan ( Hebrew: תוכנית ההתנתקות Tokhnit HaHitnatkut or תוכנית ההינתקות Tokhnit HaHinatkut in

The settlements have on several occasions been a source of tension between Israel and the U. S. President Jimmy Carter insisted that the settlements were illegal and unwise tactically, but President Ronald Reagan stated that they were legal, though he considered them an obstacle to negotiations. James Earl "Jimmy" Carter Jr (born October 1 1924 was the thirty-ninth President of the United States, serving from 1977 to 1981 and the recipient of the 2002 [75] In 1991 there was a clash between the Bush administration and Israel, where the U. S. delayed a subsidized loan in order to pressure Israel not to proceed with the establishment of settlements for instance in the Jerusalem-Bethlehem corridor. In 2005 the United States ambassador to Israel, Dan Kurtzer, expressed U. S. support "for the retention by Israel of major Israeli population centres [in the West Bank] as an outcome of negotiations",[110] reflecting President Bush's statement a year earlier that a permanent peace treaty would have to reflect "demographic realities" in the West Bank. George Walker Bush ( born July 6 1946 is the forty-third and current President of the United States. [111]

Although the Oslo accords did not include any obligation on Israel's part to stop building in the "settlements", Palestinians argue that Israel has undermined the Oslo accords, and the peace process more generally, by continuing to expand the settlements after the signing of the Accords. Israeli-Palestinian conflict The Oslo Accords, officially called the Declaration of Principles on Interim Self-Government Arrangements or Declaration of Principles Israel previously also had settlements in the Sinai Peninsula, but these were forcibly evacuated and destroyed as a result of the peace agreement with Egypt. The Sinai Peninsula or Sinai ( Coptic: sina; Egyptian Arabic: sina سينا Arabic, sina'a سيناء This article is about the country of Egypt For a topic outline on this subject see List of basic Egypt topics.

Most Israeli and U. S. proposals for final agreement have also involved Israel being allowed to retain long established communities in the territories near Israel and in "East Jerusalem" (the majority of the settler population is near the "Green Line"), with Israel annexing the land on which the communities are located. East Jerusalem refers to the part of Jerusalem captured by Jordan in the 1948 Arab-Israeli War, and subsequently by Israel in the 1967 Six-Day War. This would result in a transfer of roughly 5% of the West Bank to Israel, with the Palestinians being compensated by the transfer of a similar share of Israeli territory (i. e. territory behind the "Green Line") to the Palestinian state. Proposals for a Palestinian state (دولة فلسطين refer to the proposed establishment of an independent state for the Palestinian people in the Gaza Strip, which is currently Palestinians complain that this would legitimize what they see as an illegitimate land grab, and that the land offered in exchange is situated in the southern desert, whereas the areas that Israel seeks to retain are among the West Bank's most fertile areas, including major aquifers. Israel, however, sees the current "Green Line" as unacceptable from a security standpoint - Israel would have at some points no more than 17 kilometers from the border to the sea. For more details, see Proposals for a Palestinian state. Proposals for a Palestinian state (دولة فلسطين refer to the proposed establishment of an independent state for the Palestinian people in the Gaza Strip, which is currently

President George Bush has stated that he does not expect Israel to return entirely to pre-1967 borders, due to "new realities on the ground. " [112] One of the main compromise plans put forth by the Clinton Administration would have allowed Israel to keep some settlements in the West Bank, especially those which were in large blocs near the pre-1967 borders of Israel. in return, Palestinians would have received some concessions of land in other parts of the country. [113]

Both U. S. President Bill Clinton and U. William Jefferson "Bill" Clinton (born William Jefferson Blythe III, August 19 1946 served as the forty-second President of the United States K. Prime Minister Tony Blair, who played notable roles in attempts at mediation, noted the need for some territorial and diplomatic compromise on this issue, based on the validity of some of the claims of both sides. Anthony Charles Lynton "Tony" Blair (born 6 May 1953 is a British Politician who was Prime Minister of the United Kingdom from 2 May 1997 to [114] [115]

Dismantlement of settlements

Given the dispute over the territories where the settlements were built, the issue of dismantling them has been considered. Arab parties to the conflict have demanded the dismantlement of the settlements as a condition for peace with Israel. As part of the Israel-Egypt Peace Treaty, Israel was required to evacuate its settlers from the 18 Sinai settlements. The Sinai Peninsula or Sinai ( Coptic: sina; Egyptian Arabic: sina سينا Arabic, sina'a سيناء The evacuation, which took place in 1982, was done forcefully in some instances, such as the evacuation of Yamit. Yamit (ימית was an Israeli settlement of 600 homes and approximately 2500 inhabitants in the northeastern part of the Sinai Peninsula that was established during The settlements were demolished, as it was feared that settlers might try to return to their homes after the evacuation.

During the peace process with the Palestinians, the issue of dismantling the West Bank and Gaza Strip settlements has been raised. Palestinian people or Palestinians ( الشعب الفلسطيني, ash-sha`b al-filasTīni; الفلسطينيون, al-filasTīnīyyūn The West Bank (الضفة الغربية, הגדה המערבית Hagadah Hamaaravit) also referred to in Israel as " Judea and Samaria The Gaza Strip (قطاع غزة, רצועת עזה Retzu'at 'Azza) is a coastal strip of land along the Mediterranean Sea, bordering Egypt on the south-west

As part of the Disengagement Plan, Israel has evacuated the Gaza Strip and part of the West Bank, including all 21 settlements in Gaza and four in the West Bank, while retaining control over Gaza's borders, coastline, and airspace. Israel's unilateral disengagement plan ( Hebrew: תוכנית ההתנתקות Tokhnit HaHitnatkut or תוכנית ההינתקות Tokhnit HaHinatkut in The Gaza Strip (قطاع غزة, רצועת עזה Retzu'at 'Azza) is a coastal strip of land along the Mediterranean Sea, bordering Egypt on the south-west The West Bank (الضفة الغربية, הגדה המערבית Hagadah Hamaaravit) also referred to in Israel as " Judea and Samaria Most of these settlements have existed since the early 80's, some are over 30 years old, and with a total population of more than 10,000, many of whom have yet to find permanent housing. There was significant opposition to the plan among parts of the Israeli public, and especially those living in the territories. American President George W. Bush has said that a permanent peace deal would have to reflect "demographic realities" in the West Bank regarding Israel's settlements. George Walker Bush ( born July 6 1946 is the forty-third and current President of the United States. [116]

Within the former settlements, almost all buildings were demolished by Israel, with the exception of certain government and religious structures, which were completely emptied. Under an international arrangement, productive greenhouses were left to assist the Palestinian economy but these were destroyed within hours by Palestinians. [117] Following the withdrawal, many of the former synagogues were vandalized by Hamas supporters, as a symbol of victory against Israel. Ḥamas (ar حركة حماس acronym ar حركة المقاومة

Some Israelis believe the settlements need not necessarily be dismantled and evacuated, even if Israel withdraws from the territory where they stand, as they can remain under Palestinian rule. These ideas have been expressed both by people from the left [118], who see this as a possible situation in a two-state solution, and by extreme right-wingers and settlers[119] that, while objecting to any withdrawal, claim stronger links to the land than to the state of Israel.

See also

References

  1. ^ *"Israel, the national homeland of the Jewish people, was established in the British Mandate of Palestine in 1948. The Sasson Report is an official Israeli government report published on March 8, 2005 that concluded that Israeli state bodies had been discreetly diverting millions Jewish Autonomous Oblast#Jewish settlement and development in the region The Jewish history of the Jewish Autonomous Oblast (JAO began with the early Chinese settlements in Tibet are communities built by China in the Tibet Autonomous Region (TAR Sri Lankan settlements are communities established in lands belonging to Tamils with help of the Sri Lankan Government for Sinhalese occupants Beit HaShalom, (בית השלום lit the House of Peace) is a four-story structure that houses a local Hebron Jewish community of 25 families youth The Palestine Liberation Organization, founded by Yasir Arafat, is committed to establishing a Palestinian state, which would include territory on the West Bank and Gaza Strip now partially occupied by Israel. Radical Palestinian elements seek the destruction of Israel, and seek a Palestinian state stretching from the Jordan River to the Mediteranean Sea. " Palestine, The New Dictionary of Cultural Literacy, Third Edition. 2002. "Though Israeli forces withdrew from Nablus and parts of Ramallah on Sunday, traversing war-torn West Bank territory still under partial occupation makes for a difficult trip to school. " Taylor, Catherine. "Palestinian schools hit hard by conflict", Christian Science Monitor, April 23, 2002. The Christian Science Monitor (CSM is an international Newspaper published daily Monday through Friday Events 215 BC - A temple is built on the Capitoline Hill dedicated to Venus Erycina to commemorate the Roman defeat at
    • "Though under partial occupation, Palestinian society is one of the more democratic Arab societies today. " Mohammed, Mima. "Palestinian Awareness Month aims to educate Stanford students", Stanford Daily, April 20, 2006. The Stanford Daily is the student-run, independent daily Newspaper serving Stanford University. Events 1303 - The University of Rome La Sapienza is instituted by Pope Boniface VIII.
    • "The IDF would continue with its partial occupation of the West Bank and incursions in the Gaza Strip. " "Chronological Review of Events Relating to the Question of Palestine", Monthly Media Monitoring Review, UNISPAL, Division for Palestinian Rights, March 2003. The United Nations Information System on the Question of Palestine (UNISPAL is an online collection of texts of current and historical United Nations decisions and publications
  2. ^ BBC NEWS | In Depth | Israel and the Palestinians | issues | Jerusalem: Crucible of the conflict
  3. ^ B'Tselem - East Jerusalem
  4. ^ Ian Lustick, 'The Riddle of Nationalism:The Dialectic of Religion and Nationalism in the Middle East', Logos Vol. Ian Steven Lustick (born 1949 is an American political scientist and specialist on the modern history and politics of the Middle East. 1, No-3, Summer 2002 pp. 18-44 pp. 38-9.
  5. ^ Tovah Lazaroff. "We are not settlers. We are Jews", The Jerusalem Post, June 18, 2007. The Jerusalem Post is an Israeli daily English-language Broadsheet Newspaper, founded on December 1, 1932  
  6. ^ Planned obsolescence - The Slow Death Of The Two-State Solution - Palestinian-Israeli conflict. Christian Century (2003-05-03). Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. Events 1491 - Kongo monarch Nkuwu Nzinga is baptised by Portuguese missionaries adopting the baptismal name of João Retrieved on 2008-02-15. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 590 - Khosrau II is crowned as king of Persia 1637 - Ferdinand III becomes Holy Roman Emperor
  7. ^ "EU criticises Israel settler plan", BBC, 2007-12-10. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1041 - Empress Zoe of Byzantium elevates her adoptive son to the throne of the Eastern Roman Empire as Michael V  
  8. ^ "Rice calls for Israel to halt settlement expansion", Reuters, 2008-3-31. This article is primarily about Reuters prior to its 2008 merger with Thomson  
  9. ^ Israel Central Bureau of Statistics: [1] [2] [3]
  10. ^ Jerusalem Institute for Israel Studies: [4] [5] [6] [7]
  11. ^ Foundation for Middle East Peace: [8] [9]. The Israel Central Bureau of Statistics (הלשכה המרכזית לסטטיסטיקה HaLishka HaMerkazit LeStatistika) abbreviated CBS, is an Israeli
  12. ^ [10].
  13. ^ Sources of Population Growth: Total Israeli Population and Settler Population, 1991 - 2003, Foundation for Middle East Peace. The Foundation for Middle East Peace or FMEP is an American nonprofit organization that promotes peace between Israel and Palestine
  14. ^ Settler Population Growth East and West of the Barrier, Foundation for Middle East Peace.
  15. ^ Encouragement of migration to the settlements, B'Tselem. B'Tselem (בצלם "in the image of" as in Genesis) is an Israeli Non-governmental organization (NGO that describes
  16. ^ BBC NEWS | Middle East | Israel confirms settlement growth
  17. ^ BBC NEWS | Middle East | Gaza diary: Hakeem Abu Samra
  18. ^ Israeli Settlements and International Law, Israel Foreign Ministry website, 5/4/01, accessed 7/11/07.
  19. ^ "Occupied Territories" to "Disputed Territories" by Dore Gold, Jerusalem Center for Public Affairs, January 16, 2002. Ambassador Dore Gold (* 1953 is a former Israeli Diplomat. He also served as President of the Jerusalem Center for Public Affairs as well as an advisor Retrieved September 29, 2005.
  20. ^ Diplomatic and Legal Aspects of the Settlement Issue, by Jeffrey Helmreich, Institute for Contemporary Affairs, jcpa. org, accessed 7/11/07.
  21. ^ Bush at Risk of Losing Closest Mideast Ally - washingtonpost.com
  22. ^ BBC NEWS | Middle East | Israel 'to keep some settlements'
  23. ^ [11]
  24. ^ Israel/Middle East (News & Politics): settlements
  25. ^ [12]
  26. ^ "What Happened to Secure Borders for Israel? The U.S., Israel, and the Strategic Jordan Valley" by Dore Gold
  27. ^ Israeli Map Says West Bank Posts Sit on Arab Land - New York Times
  28. ^ BBC NEWS | Middle East | Settlements 'violate Israeli law'
  29. ^ West Bank Settlements Often Use Private Palestinian Land, Study Says - washingtonpost.com
  30. ^ http://www.peacenow.org.il/data/SIP_STORAGE/files/9/2569.pdf
  31. ^ Peace Now : Settlements > Reports
  32. ^ CAMERA: UPDATE: Peace Now Map Based Only on Palestinian Claims
  33. ^ דו"ח: 32% מההתנחלויות - על שטח פלשתיני פרטי - חדשות -הארץ
  34. ^ Meron Rapoport, 'A third of settlements on land taken for 'security purposes' Ha'aretz,7/02/2008
  35. ^ Meron Rapoport Court case reveals how settlers illegally grab West Bank lands Haaretz 17/03/2008
  36. ^ New York Times, 2007 December 7, http://www.nytimes.com/2007/12/08/world/middleeast/08westbank.html?hp
  37. ^ From "Occupied Territories" to "Disputed Territories," by Dore Gold
  38. ^ BBC NEWS | Middle East | Jerusalem land seizures 'illegal'
  39. ^ http://www.yale.edu/lawweb/avalon/mideast/jordan_treaty.htm.
  40. ^ No binding force under international law
    • "Some analysts have pointed out that Security Council resolutions condemning or criticizing Israel have been passed under Chapter VI of the U. N. Charter, which are different from the Chapter VII resolutions against Iraq. " Ayoob, Mohammad. "The war against Iraq: normative and strategic implications", in Robinson, Mary & Weiss, Thomas G. & Crahan, Margaret E. & Goering, John (eds). Wars on Terrorism and Iraq: human rights, unilateralism, and U. S. foreign policy, Routledge (UK), May 1, 2004, p. 164.
    • "Additionally it may be noted that the Security Council cannot adopt binding decisions under Chapter VI of the Charter. " De Hoogh, Andre. Obligations Erga Omnes and International Crimes, Martinus Nijhoff Publishers, Jan 1, 1996, p. 371.
    • "Council recommendations under Chapter VI are generally accepted as not being legally binding. " Magliveras, Konstantinos D. Exclusion from Participation in International Organisations, Martinus Nijhoff Publishers, Jan 1, 1999, p. 113.
    • "Within the framework of Chapter VI the SC has at its disposal an 'escalation ladder' composed of several 'rungs' of wielding influence on the conflicting parties in order to move them toward a pacific solution. . . however, the pressure exerted by the Council in the context of this Chapter is restricted to non-binding recommendations. " Neuhold, Hanspeter. "The United Nations System for the Peaceful Settlement of International Disputes", in Cede, Franz & Sucharipa-Behrmann, Lilly. The United Nations, Martinus Nijhoff Publishers, Jan 1, 2001, p. 66.
    • "The responsibility of the Council with regard to international peace and security is specified in Chapters VI and VII. Chapter VI, entitled 'Pacific Settlements of Disputes', provides for action by the Council in case of international disputes or situations which do not (yet) post a threat to international peace and security. Herein its powers generally confined to making recommendations, the Council can generally not issue binding decisions under Chapter VI. " Schweigman, David. The Authority of the Security Council Under Chapter VII of the UN Charter, Martinus Nijhoff Publishers, Jan 1, 2001, p. 33.
    • "Under Chapter VI, the Security Council may only make recommendations but not binding decisions on United Nations members". Wallace-Bruce, Nii Lante. The Settlement of International Disputes, Martinus Nijhoff Publishers, Jan 1, 1998, pp. 47-48.
    • "First, it may issue non-binding resolutions under Chapter VI of the Charter expressing its opinion on the abuses and their resolution. " Mertus, Julie. The United Nations And Human Rights: A Guide For A New Era, Routledge, 2005, ISBN 0415343380, p. 120.
    • "Under Chapter VI the Security Council can only make non-binding recommendations. However, if the Security Council determines that the continuance of the dispute constitutes a threat to the peace, or that the situation involves a breach of the peace or act of aggression it can take action under Chapter VII of the Charter. Chapter VII gives the Security Council the power to make decisions which are binding on member states, once it has determined the existence of a threat to the peace, breach of the peace, or act of aggression. " Hillier, Timothy, Taylor & Francis Group. Sourcebook on Public International Law, Cavendish Publishing, ISBN 1843143801, 1998, p. 568.
    • "Nor is the disenchanting performance due to the fact that under Chapter VI the SC may only address non-binding resolutions to the conflicting parties. " Cede, Franz, and Sucharipa-Behrmann, Lilly. The United Nations: Law and Practice, Martinus Nijhoff Publishers, 2001, ISBN 9041115633, p. 70.
    • "This clause does not apply to decisions under Chapter VII (including the use of armed force), which are binding on all member states (unlike those adopted under Chapter VI which are of a non-binding nature). " Köchler, Hans. Hans Köchler (born October 18 1948 in Schwaz, Tyrol, Austria) is Full Professor of Philosophy and Chairman The Concept of Humanitarian Intervention in the Context of Modern Power, International Progress Organization, 2001, ISBN 3900704201, p. 21.
    • "The impact of these flaws inherent to Resolution 731 (1992) was softened by the fact that it was a non-binding resolution in terms of Chapter VI of the Charter. Consquently Libya was not bound to give effect to it. However, the situation was different with respect to Resolution 748 of 31 March 1992, as it was adopted under Chapter VII of the Charter. " De Wet, Erika, "The Security Council as a Law Maker: The Adopion of (Quasi)-Judicial Decisions", in Wolfrum, Rüdiger and Röben, Volker. Developments of International Law in Treaty Making, Springer, 2005, ISBN 3540252991, p. 203.
    • "There are two limitations on the Security Council when it is acting under Chapter VI. Firstly, recommendations of the Council under Chapter VI are not binding on states. " Werksman, Jacob. Greening International Institutions, Earthscan, 1996, ISBN 1853832448, p. 14.
    • "Chapter VI exhorts members to settle such claims peacefully and submit them for mediation and arbitration to the United Nations. Chapter VI, however, is not binding - in other owrds, there is no power to compel states to submit their disputes for arbitration or mediation by the United Nations. " Matthews, Ken. The Gulf Conflict and International Relations, Routledge, 1993, ISBN 041507519X, p. 130.
    • "One final point must be noted in connection with Chapter VI, and that is that the powers of the Security Council are to make "recommendations. " These are not binding on the states to whom they are addressed, for Article 25 relates only to "decisions. " Philippe Sands, Pierre Klein, D. W. Bowett. Bowett's Law of International Institutions, Sweet & Maxwell, 2001, ISBN 042153690X, p. 46.
    • "Article 2, para. 6, must be linked, first of all, to the use of these kinds of pressure that have no mandatory effect. Both the General Assembly and the Council have the power to make recommendations to the States, that is, resolutions that do not bind the States (see section 89)). Worthy of mention from this point of view are the provisions of Article 11, para. 2 ("The General Assembly may discuss any questions relating to the maintenance of international peace and security. . . and. . . may make recommendations with regard to any such question to the State or States concerned") and the various provisions of Chapter VI, particularly Article 33, para. 2, Article 36, and Article 37, para. 2, which give the Security Council the power to recommend settlement of disputes likely to endanger the peace. " Conforti, Benedetto. The Law and Practice of the United Nations, Martinus Nijhoff Publishers, 2005, ISBN 9004143084, p. 127.
    • ". . . the primary authority of the Security Council is defined in terms of international peace and security. The Council's jurisdiction under Chapter VI—which give it recommendatory but not binding authority—is stated in very broad terms. " Matheson, Michael J. Council UNbound: The Growth of UN Decision Making on Conflict and Postconflict Issues after the Cold War, US Institute of Peace Press, 2006, ISBN 1929223781, p. 42.
    • "After much lobbying, the Council agreed on a resolution intended to "assist the parties to achieve a just, lasting and mutually acceptable political solution" that would provide for the self-determination of the people of Western Sahara. But the preamble went on to specify that the Council was "acting under Chapter VI of the Charter of the United Nations. " In short, this remained an exercise of good offices, not binding arbitration subject to enforcement. " Jensen, Erik. Western Sahara: Anatomy of a Stalemate, Lynne Rienner Publishers, 2005, ISBN 1588263053, p. 112.
    • "Thus decisions under Chapter VI, for example, to recommend terms of settlement are not binding, and even decisions under Article 40 of Chapter VII may not be. " Political science quarterly, v. 90 (1975-76), Academy of Political Science, Columbia University, p. Columbia University is a private University in the United States and a member of the Ivy League. 147.
    • "The UN distinguishes between two sorts of Security Council resolution. Those passed under Chapter Six deal with the peaceful resolution of disputes and entitle the council to make non-binding recommendations. Those under Chapter Seven give the council broad powers to take action, including warlike action, to deal with “threats to the peace, breaches of the peace, or acts of aggression”. Such resolutions, binding on all UN members, were rare during the cold war. But they were used against Iraq after its invasion of Kuwait. None of the resolutions relating to the Israeli-Arab conflict comes under Chapter Seven. " Iraq, Israel and the United Nations: Double standards?, The Economist, October 10, 2002. The Economist is an English-language weekly news and International affairs publication owned by The Economist Newspaper Ltd and edited in London
    • "There are two sorts of security council resolution: those under 'chapter 6' are non-binding recommendations dealing with the peaceful resolution of disputes; those under 'chapter 7' give the council broad powers, including war, to deal with 'threats to the peace . . . or acts of aggression'. " Emmott, Bill. If Saddam steps out of line we must go straight to war, The Guardian, November 25, 2002. The Guardian (until 1959 The Manchester Guardian) is a British Newspaper owned by the Guardian Media Group.
    • ". . . there is a difference between the Security Council resolutions that Israel breaches (nonbinding recommendations under Chapter 6) and those Iraq broke (enforcement actions under Chapter 7). " Kristof, Nicholas D. Calling the Kettle Black, The New York Times, February 25, 2004.
    • "There is a hierarchy of resolutions. . . Chapter 6, under which all resolutions relating to the middle east have been issued, relates to the pacific resolution of disputes. Above that, there are the mandatory chapter 7 resolutions, which impose the clearest possible obligations, usually on a single state rather than on two or three states, which is what chapter 6 is there for. Chapter 7 imposes mandatory obligations on states that are completely out of line with international law and policy, and the United Nations has decided in its charter that the failure to meet those obligations may be met by the use of force. " Straw, Jack. John Whitaker Straw (born 3 August 1946 most commonly known as Jack Straw, is a senior British Labour Party Politician. House of Commons debates, Hansard, Column 32, September 24, 2002. The House of Commons' is the Lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords Hansard is the traditional name for the printed transcripts of Parliamentary debates in the Westminster system of Government.
    • "There is another characteristic of these resolutions which deserves a mention, and that is that they are under chapter 7 of the United Nations charter. Chapter 7 has as its heading 'Action with respect to threats to the peace, breaches of the peace, and acts of aggression'. This is the very serious chapter of United Nations rules, regulations, laws and principles, which the United Nations activates when they intend to do something about it. If the United Nations announces under chapter 7 that it intends to do something about a matter and it is not done, that will undermine the authority of the United Nations; that will render it ineffective. There are many other resolutions under other chapters. Resolution 242 gets a bit of a guernsey here every now and then. Resolution 242 is under chapter 6, not chapter 7. It does not carry the same mandate and authority that chapter 7 carries. Chapter 6 is the United Nations trying to put up resolutions which might help the process of peace and it states matters of principle that are important for the world to take into consideration. Resolution 242 says that Israel should withdraw from territories that it has occupied. It also says that Israel should withdraw to secure and recognised boundaries and that the one is dependent upon the other. Resolution 242 says that, but it is not a chapter 7 resolution. " Beazley, Kim, Waiting for blow-back (speech delivered in Parliament on February 4, 2003, The Sydney Morning Herald, February 5, 2003. For Kim Beazley's father Kim Beazley senior, see Kim Edward Beazley. The Sydney Morning Herald ( SMH) is a daily Broadsheet Newspaper published by Fairfax Media in Sydney, Australia
    • "There are several types of resolutions: Chapter 6 resolutions are decisions pursing the Pacific Settlement of Disputes, and put forward Council proposals on negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies, and other peaceful means. Chapter 7 resolutions are decisions for Action with Respect to Threats to the Peace, involving use of force and sanctions, complete or partial interruption of economic relations, rail, sea, air, postal, telegraphic radio and other means of communication and the severance of diplomatic relations. Resolutions passed under Chapter 7 of the Charter are binding on all UN members, who are required to give every assistance to any action taken by the Council, and refrain from giving any assistance to the country against which it is taking enforcement action. " Iran dossier crosses the Atlantic: Where to from here? (Microsoft Word document), Greenpeace position paper on Iran. Microsoft Word is Microsoft 's flagship word processing software. Greenpeace, originally known as the Greenpeace Foundation, was founded in Vancouver, British Columbia, Canada in 1972
  41. ^ Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion of 21 June 1971 at paragraphs 87-116, especially 113: "It has been contended that Article 25 of the Charter applies only to enforcement measures adopted under Chapter VII of the Charter. An advisory opinion is an opinion issued by a Court that does not have the effect of resolving a specific Legal case, but merely advises on the constitutionality or Events 524 - Godomar, King of the Burgundians defeats the Franks at the Battle of Vézeronce. Year 1971 ( MCMLXXI) was a Common year starting on Friday (link will display full calendar of the 1971 Gregorian calendar. It is not possible to find in the Charter any support for this view. Article 25 is not confined to decisions in regard to enforcement action but applies to "the decisions of the Security Council" adopted in accordance with the Charter. Moreover, that Article is placed, not in Chapter VII, but immediately after Article 24 in that part of the Charter which deals with the functions and powers of the Security Council. If Article 25 had reference solely to decisions of the Security Council concerning enforcement action under Articles 41 and 42 of the Charter, that is to say, if it were only such decisions which had binding effect, then Article 25 would be superfluous, since this effect is secured by Articles 48 and 49 of the Charter. "
  42. ^ a b "The International Court of Justice took the position in the Namibia Advisory Opinion that Art. 25 of the Charter, according to which decisions of the Security Council have to be carried out, does not only apply in relation to chapter VII. Rather, the court is of the opinion that the language of a resolution should be carefully analyzed before a conclusion can be drawn as to its binding effect. The Court even seems to assume that Art. 25 may have given special powers to the Security Council. The Court speaks of "the powers under Art. 25". It is very doubtful, however, whether this position can be upheld. As Sir Gerald Fitzmaurice has pointed out in his dissenting opinion: "If, under the relevant chapter or article of the Charter, the decision is not binding, Article [69/70] 25 cannot make it so. If the effect of that Article were automatically to make al decisions of the Security Council binding, then the words 'in accordance with the present Charter' would be quite superfluous". In practice the Security Council does not act on the understanding that its decisions outside chapter VII are binding on the States concerned. Indeed, as the wording of chapter VI clearly shows, non-binding recommendations are the general rule here. " Frowein, Jochen Abr. Völkerrecht - Menschenrechte - Verfassungsfragen Deutschlands und Europas, Springer, 2004, ISBN 3540230238, p. 58.
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