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Palestine Monitor factsheet
"Israeli settlements in
the Occupied Palestinian Territory, including East Jerusalem, are
illegal and an obstacle to peace and to economic and social development
[... and] have been established in breach of international law."
International Court of
Justice Ruling, July 9, 2004
Settlements: The Facts
There
are currently 120 Israeli settlements and 102 Israeli outposts built
illegally in the West Bank including East Jerusalem, which is
Palestinian land occupied by Israel in 1967. All of these settlements
and outposts are illegal under international law and numerous United
Nations Security Council resolutions. Israeli outposts are also illegal
under Israeli law.
These
settlements and outposts are inhabited by a population of some 460,000
Israeli settlers.
Settlements
are built on less than 3 percent of the area of the West Bank. However,
due to the extensive network of settler roads and restrictions on
Palestinians accessing their own land, Israeli settlements dominate more
than 40 percent of the West Bank.
The
route of Israel’s Wall has been designed to annex 56 settlements to
Israel, incorporating 76 percent of the settler population currently
living in the West Bank (including settlements in East Jerusalem).
The
Wall and Israel’s matrix of settlements will sever the West Bank into 4
cantons, fracturing its geographic, political, economic, and social
cohesion and totally undermining the possibility of a future, contiguous
and independent Palestinian state.
What are Settlements and Outposts?
Originally
used to describe any new Jewish development in Israel, the term
‘settlements’ now refers to Jewish-only housing units built in strategic
areas of East Jerusalem and the West Bank, on land occupied by Israel in
1967.
Since
1967, consecutive Israeli governments have established settlements in
violation of international law, colonising Palestinian territories in
order to consolidate and secure Israeli control of these areas and
prevent the emergence of a Palestinian state.
Most
settlements begin as ‘outposts’. These are often composed of just a few
families who live in caravans whilst awaiting infrastructure and
financial support from the state and other sympathetic communities both
inside Israel and abroad.
What are Bypass Roads?
Settlements
are linked to each other and to Israel by an extensive network of
“bypass roads”. For each 100 km of by-pass road, about 2,500 acres of
West Bank land is confiscated. All bypass roads have a 50–75m buffer
zone on each side, where no construction is allowed. These buffer zones
have led to a great loss of agricultural and privately-owned Palestinian
land.
Whilst
illegally built on confiscated Palestinian land, these roads are
forbidden for use by Palestinians. They consolidate Israel’s creation of
a system of Apartheid in the West Bank, and fracture communities across
Palestine.
Settements and International Law
Israeli
settlements are illegal under every basic reading of international law
and several United Nations resolutions:
Article
46 of the Hague Convention prohibits the confiscation of private
property in occupied territory.
Article
49, paragraph 6 of the Fourth Geneva Convention explicitly stipulates
that “the occupying power shall not deport or transfer parts of its own
civilian population into the territory it occupies”.
Article
55 of the same Hague Convention stipulates “the occupying state shall be
regarded only as administrator and usufructuary of public buildings,
real estate, forests, and agricultural estates belonging to the hostile
State, and situated in the occupied country. It must safeguard the
capital of these properties, and administer them in accordance with the
rules of usufruct.”
UN
Security Council Resolution 465 (1980), which was unanimously adopted,
made it clear that “Israel’s policy and practices of settling parts of
its population and new immigrants” in the Occupied Territories
constitutes “a serious obstruction to achieving a comprehensive, just
and lasting peace in the Middle East”. The Security Council called upon
Israel to “dismantle the existing settlements and in particular to
cease, on an urgent basis, the establishment, construction or planning
of settlements in the Arab territories occupied since 1967, including
Jerusalem.”
The
2004 ruling of the International Court of Justice in The Hague declared
that “Israeli settlements in the Occupied Palestinian Territory,
including East Jerusalem, are illegal and an obstacle to peace and to
economic and social development.”
Settlements and the Myth of the
‘Disengagement’
In
September 2005, as part of its ‘disengagement plan’ Israel evacuated all
of its 21 settlements in Gaza with a total population of 8,692. It also
evacuated 4 West Bank settlements with a population of 674.
However,
the settler population in the West Bank has since grown by 5.3 percent
(14,000 people). 3.5 percent (9,300 people) of the growth has been from
natural population growth within the settlements, whilst the other 1.8
percent (4,700 people) have moved from the Gaza Strip or Israel itself.
This undermines Israeli claims that the disengagement represented an
unprecedented compromise and a move towards peace on its part.
Settlements and Negotiations
Settlements
are one of the most important outstanding issues in negotiations for a
“final status” agreement between the Palestine Liberation Organisation/Palestinian
Authority and Israel. Palestine has consistently maintained its position
that the complete removal of settlements must precede the creation of
any future Palestinian state if it is to be contiguous and viable.
However,
by using the Wall to annex major settlement blocks to Israel, the
Israeli state is ensuring the outcomes of any such final status
negotiation are being permanently prejudiced in its own favor.
Settlements and Natural Resources
Settlements
are the cause of great inequalities in access to natural resources
between Israelis and Palestinians. Many settlements are built on prime
agricultural land confiscated from Palestinians, or over key water
resources such as the Western Aquifer basin, springs and wells. This has
resulted in Israeli West Bank settlers being allocated 2400 m3 of water
per year compared to 50 m3 for Palestinians. Such inequalities are being
consolidated by the Wall, which will annex swathes of Palestinian
agricultural land and major vital water resources to Israel.
Settler Violence
Settlers
have killed at least 54 Palestinians since September 2000. On 25 March
2007, a 52 year-old Palestinian shepherd from Aqraba near Nablus was
stabbed to death by Israeli settlers from the nearby Itamar settlement.
Attacks
on Palestinian property, and vandalism such as the burning of fields and
destruction of agricultural land are among other settler violations.
Israeli soldiers often protect settlers, and legal proceedings are
rarely brought against them.
Settlers
also routinely attack Palestinians with complete immunity from the
Israeli authorities, and inaction on the part of the Israeli military to
protect Palestinians civilians from such attacks.
On 8
April 2007, for example, two Palestinian girls aged 11 and 12 years and
a 10-year-old Palestinian boy from the village of Tuba in the Hebron
district were injured when a group of Israeli settlers from the
settlement of Ma’on beat them and stole their schoolbags whilst they
were en route to school. The Israeli military and police were both
present at the time, but took no action to prevent or stop the attack.
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