I. Facts about Israeli Settlements
- 1.36% of what is known (since 1949) as the West Bank (formerly Judea & Samaria) are Jewish settlements
- Mandatory Palestine in 1948 included Judea & Samaria, just as much as Tel Aviv, within its borders
- Jews lived in Judea & Samaria until 1949, when Jordan invaded and ethnically cleansed all Jews from the area
II. Israel has no rights to the land
- Jews have lived in Judea and Samaria — the West Bank — since ancient times.
- The only time Jews have been prohibited from living in the territories in recent decades was during Jordan's rule from 1948 to 1967.
- This prohibition was contrary to the Mandate for Palestine adopted by the League of Nations, which provided for the establishment of a Jewish state, and specifically encouraged “close settlement by Jews on the land,” which included Judea and Samaria
- Numerous legal authorities dispute the charge that settlements are “illegal.”
- Stephen Schwebel, formerly President of the International Court of Justice, notes that a country acting in self-defense may seize and occupy territory when necessary to protect itself.
- Schwebel also observes that a state may require, as a condition for its withdrawal, security measures designed to ensure its citizens are not menaced again from that territory
- According to Eugene Rostow, a former Undersecretary of State for Political Affairs in the Johnson Administration, Resolution 242 gives Israel a legal right to be in the West Bank. The resolution, Rostow noted, “allows Israel to administer the territories” it won in 1967 “until ‘'a just and lasting peace in the Middle East’' is achieved.”
III. Settlements are the obstacle to peace
- From 1949-67, when Jews were forbidden to live on the West Bank, the Arabs refused to make peace with Israel.
- From 1967-77, the Labor Party established only a few strategic settlements in the territories, yet the Arabs were unwilling to negotiate peace with Israel.
- In 1977, months after a Likud government committed to greater settlement activity took power, Egyptian President Sadat went to Jerusalem and later signed a peace treaty with Israel. Incidentally, Israeli settlements existed in the Sinai and those were removed as part of the agreement with Egypt.
- One year later, Israel froze settlement building for three months, hoping the gesture would entice other Arabs to join the Camp David peace process. But none would.
- In 1994, Jordan signed a peace agreement with Israel and settlements were not an issue; if anything, the number of Jews living in the territories was growing.
- Between June 1992 and June 1996, under Labor-led governments, the Jewish population in the territories grew by approximately 50 percent. This rapid growth did not prevent the Palestinians from signing the Oslo accords in September 1993 or the Oslo 2 agreement in September 1995.
- In 2000, Prime Minister Ehud Barak offered to dismantle dozens of settlements, but the Palestinians still would not agree to end the conflict.
- In August 2005, Israel evacuated all of the settlements in the Gaza Strip and four in Northern Samaria, but terror attacks continued.
IV. Settlements violate the Geneva Convention
- The Fourth Geneva Convention prohibits the forcible transfer of people of one state to the territory of another state that it has occupied as a result of a war. The intention was to insure that local populations who came under occupation would not be forced to move. This is in no way relevant to the settlement issue. Jews are not being forced to go to the West Bank; on the contrary, they are voluntarily moving back to places where they, or their ancestors, once lived before being expelled by others.
- In addition, those territories never legally belonged to either Jordan or Egypt, and certainly not to the Palestinians, who were never the sovereign authority in any part of Palestine. “The Jewish right of settlement in the area is equivalent in every way to the right of the local population to live there,” according to Professor Eugene Rostow, former Undersecretary of State for Political Affairs.
- As a matter of policy, moreover, Israel does not requisition private land for the establishment of settlements. Housing construction is allowed on private land only after determining that no private rights will be violated. The settlements also do not displace Arabs living in the territories. The media sometimes gives the impression that for every Jew who moves to the West Bank, several hundred Palestinians are forced to leave. The truth is that the vast majority of settlements have been built in uninhabited areas and even the handful established in or near Arab towns did not force any Palestinians to leave.