The entire premise of U.N. Resolution 242 is founded on the principle of the inadmisability of the aquirement of land by force. That is why all territory occupied by Israel after June 1967 has been deemed by all international legal bodies and all credible and independent human rights orgainizations without any exceptions whatsoever as Occupied Territory. This is not debatable among sane and rational people and never has been.
ALL settlers anywhere in Occupied Territories are illegal under international law This is also not even debatable among sane and rational people - and never has been.
Theodore Meron, the Israeli Foreign Ministry legal adviser notified the Israeli government of these fact way back in September of 1967:
"The declaration by Theodor Meron, the Israeli Foreign Ministry's legal adviser at the time and today one of the world's leading international jurists, is a serious blow to Israel's persistent argument that the settlements do not violate international law, particularly as Israel prepares to commemorate the 40th anniversary of the war in June 1967.
The legal opinion, a copy of which has been obtained by The Independent, was marked "Top Secret" and "Extremely Urgent" and reached the unequivocal conclusion, in the words of its author's summary, "that civilian settlement in the administered territories contravenes the explicit provisions of the Fourth Geneva Convention."
Judge Meron, president of the International Criminal Tribunal for the former Yugoslavia until 2005, said that, after 40 years of Jewish settlement growth in the West Bank - one of the main problems to be solved in any peace deal: " I believe that I would have given the same opinion today."
Judge Meron, a holocaust survivor, also sheds new light on the aftermath of the 1967 war by disclosing that the Foreign Minister, Abba Eban, was " sympathetic" to his view that civilian settlement would directly conflict with the Hague and Geneva conventions governing the conduct of occupying powers"
The declaration by Theodor Meron, the Israeli Foreign Ministry's legal adviser at the time and today one of the world's leading international jurists, is a serious blow to Israel's persistent argument that the settlements do not violate international law, particularly as Israel prepares to commemorate the 40th anniversary of the war in June 1967.
The legal opinion, a copy of which has been obtained by The Independent, was marked "Top Secret" and "Extremely Urgent" and reached the unequivocal conclusion, in the words of its author's summary, "that civilian settlement in the administered territories contravenes the explicit provisions of the Fourth Geneva Convention."
Judge Meron, president of the International Criminal Tribunal for the former Yugoslavia until 2005, said that, after 40 years of Jewish settlement growth in the West Bank - one of the main problems to be solved in any peace deal: " I believe that I would have given the same opinion today."
Judge Meron, a holocaust survivor, also sheds new light on the aftermath of the 1967 war by disclosing that the Foreign Minister, Abba Eban, was " sympathetic" to his view that civilian settlement would directly conflict with the Hague and Geneva conventions governing the conduct of occupying powers"
http://www.independent.co.uk/news/world/middle-east/secret-memo-shows-israel-knew-six-day-war-was-illegal-450410.html -------------------------
Here are just some of the many UN Security Council Resolutions affirming the recognition by the virtually the entire international community that the territories are OCCUPIED Arab land and the illegal nature of the settlements:
Resolution 252 (1968)
Urgently calls upon Israel to rescind measures that change the legal status of Jerusalem, including the expropriation of land and properties thereon.
267 (1969)
Urgently calls upon Israel to rescind measures seeking to change the legal status of occupied East Jerusalem.
271 (1969)
Reiterates calls to rescind measures seeking to change the legal status of occupied East Jerusalem and calls on Israel to scrupulously abide by the Fourth Geneva Convention regarding the responsibilities of occupying powers
298 (1971)
Reiterates demand that Israel rescind measures seeking to change the legal status of occupied East Jerusalem.
446 (1979)
Calls upon Israel to scrupulously abide by the Fourth Geneva Convention regarding the responsibilities of occupying powers, to rescind previous measures that violate these relevant provisions, and "in particular, not to transport parts of its civilian population into the occupied Arab territories."
452 (1979)
Calls on the government of Israel to cease, on an urgent basis, the establishment, construction, and planning of settlements in the Arab territories, occupied since 1967, including Jerusalem.
465 (1980)
Reiterates previous resolutions on Israel's settlements policy.
484 (1980)
Reiterates request that Israel abide by the Fourth Geneva Convention.
592 (1986)
Insists Israel abide by the Fourth Geneva Conventions in East Jerusalem and other occupied territories.
672 (1990) Israel
Reiterates calls for Israel to abide by provisions of the Fourth Geneva Convention in the occupied Arab territories.
673 (1990) Israel
Insists that Israel come into compliance with resolution 672.
681 (1990) Israel
Reiterates call on Israel to abide by Fourth Geneva Convention in the occupied Arab territories.
link:
http://en.wikipedia.org/wiki/List_of_United_Nations_resolutions_concerning_Israel============================
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EVEN the one dissenting judge in the July 2002 case regarding the Wall -agreed that any part of the wall that was built to protect settlement is illegal. Thus any protection of the settlements or the settlers by the Israeli state is illegal under international law.
Out of 15 distinguished international jurist representing 15 different countries, 14 agreed that the wall was completely illegal and the one dissenting jurist, Judge Buergenthal representing the United States ruled that those parts of the Wall built to protect the settlements are ipso facto illegal because the settlements themselves are illegal. All 15 Judges without exception agreed that every single inch of the West Bank, East Jerusalem and the Gaza which was Occupied after June 1967 - every single inch is Occupied Palestinian Territory.
http://www.asil.org/insights/insigh141.htm#_ednref2 .
" Status of territory and applicable law (Paras. 70-106)
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There are approximately 450,000 Israeli settlers in the West Bank, (*now closer to 500,000) including East Jerusalem. According to B'tselem: The Israeli Information Center for Human Rights, " the built-up area of the settlements in the West Bank covers 1.7 percent of the West Bank, the settlements control 41.9 percent of the entire West Bank".*
http://www.btselem.org/English/Maps/Index.asp As appears from the map, while the built-up area of the settlements in the West Bank covers 1.7 percent of the West Bank, the settlements control 41.9 percent of the entire West Bank.
full PDF map:
http://www.btselem.org/Download/Settlements_Map_Eng.pdf LAND GRAB:
Israel’s Settlement Policy in the West Bank
link to full report:
http://www.btselem.org/Download/200205_Land_Grab_Eng.doc Introduction In December 2001, a long article appeared in Ha’aretz under the headline “Five Minutes from Kfar Saba – A Look at the Ari’el Region.” The article reviewed the real estate situation in a number of “communities” adjacent to the Trans-Samaria Highway in the vicinity of Ari’el. The article included the information that most of the land on which these “communities” were established are “state-owned land,” and that “despite the security problems and the depressed state of the real estate market, the situation in these locales is not as bad as might be expected.”
The perspective from which this article was written (the real estate market) and the terminology it employs largely reflect the process of the assimilation of the settlements into the State of Israel. As a result of this process, these settlements have become just another region of the State of Israel, where houses and apartments are constructed and offered to the general public according to free-market principles of supply and demand.
This deliberate and systematic process of assimilation obscures a number of fundamental truths about the settlements: the “communities” mentioned in the article are not part of the State of Israel, but are settlements established in the West Bank − an area that has been occupied territory since 1967. The fundamental truth is that the movement of Israeli citizens to houses and apartments offered by the real estate markets in these “communities” constitutes a violation of the Fourth Geneva Convention. The fundamental truth is that the “state-owned” land mentioned in the article was seized from Palestinian residents by illegal and unfair proceedings. The fundamental truth is that the settlements have been a continuing source of violations of the human rights of the Palestinians, among them the right to freedom of movement, property, self-determination, and improvement in their standard of living. The fundamental truth is that the growth of these settlements is fueled not only by neutral forces of supply and demand, but primarily by a sophisticated governmental system designed to encourage Israeli citizens to live in the settlements. In essence, the process of assimilation blurs the fact that the settlement enterprise in the Occupied Territories has created a system of legally sanctioned separation based on discrimination that has, perhaps, no parallel anywhere in the world since the dismantling of the Apartheid regime in South Africa.
As part of the mechanism used to obscure these fundamental truths, the State of Israel makes a determined effort to conceal information relating to the settlements. In order to prepare this report, B’Tselem was obliged to engage in a protracted and exhaustive struggle with the Civil Administration to obtain maps marking the municipal boundaries of the settlements. This information, which is readily available in the case of local authorities within Israel, was eventually partially provided almost one year after the initial request, and only after B’Tselem threatened legal action.
The peace process between Israel and the Palestinians did not lead to the evacuation of even one settlement, and the settlements even grew substantially in area and population during this period. While at the end of 1993 (at the time of the signing of the Declaration of Principles) the population of the settlements in the West Bank (including settlements in East Jerusalem) totaled some 247,000, by the end of 2001 this figure had risen to 375,000.
The agreements signed between Israel and the Palestinian Authority entailed the transfer of certain powers to the PA; these powers apply in dozens of disconnected enclaves containing the majority of the Palestinian population. Since 2000, these enclaves, referred to as Areas A and B, have accounted for approximately forty percent of the area of the West Bank. Control of the remaining areas, including the roads providing transit between the enclaves, as well as points of departure from the West Bank, remains with Israel.
This report, which is the continuation of several reports published by B’Tselem in recent years, examines a number of aspects relating to Israeli policy toward the settlements in the West Bank and to the results of this policy in terms of human rights and international law. The report also relates to settlements in East Jerusalem that Israel established and officially annexed into Israel. Under international law, these areas are occupied territory whose status is the same as the rest of the West Bank.
This report does not relate to the settlements in the Gaza Strip. Though similar in many ways to their counterparts in the West Bank, the Gaza Strip settlements differ in several respects. For example, the legal framework in the Gaza Strip differs from that applying in the West Bank in various fields, including land laws; these differences are due to the different laws that were in effect in these areas prior to 1967.
This report comprises eight chapters.
• Chapter One presents a number of basic concepts on the principal plans implemented by the Israeli governments, the bureaucratic process of establishing new settlements, and the types of settlements.
• Chapter Two examines the status of the settlements and settlers according to international law and briefly surveys the violations of Palestinian human rights resulting from the establishment of the settlements.
• Chapter Three discusses the bureaucratic and legal apparatus used by Israel to seize control of land in the West Bank for the establishment and expansion of settlements. The chief component of this apparatus, and the main focus of the chapter, is the process of declaring and registering land as “state land.”
• Chapter Four reviews the changes in Israeli law that were adopted to annex the settlements into the State of Israel by turning them civilian enclaves within the occupied territory. This chapter also examines the structure of local government in the settlements in the context of municipal boundaries.
• Chapter Five examines the economic incentives Israel provides to settlers and settlements to encourage Israelis to move to the West Bank and to encourage those already living in the region to remain there.
• Chapter Six analyzes the planning mechanism in the West Bank applied by the Civil Administration, which is responsible for issuing building permits both in the settlements and in Palestinian communities. This mechanism plays a decisive role in the establishment and expansion of the settlements, and in limiting the development of Palestinian communities.
• Chapter Seven analyzes the map of the West Bank attached to this report. This analysis examines the layout of the settlements by area, noting some of the negative ramifications the settlements have on the human rights of the Palestinian population.
• Chapter Eight focuses in depth on the Ari’el settlement and the ramifications of its establishment on the adjacent Palestinian communities. This chapter also discusses the expected consequences of Ari’el’s expansion according to the current outline plan. "
link to full report:
http://www.btselem.org/Download/200205_Land_Grab_Eng.doc