Israel legalizes settlements on the West Bank. Jewish settlements and international law Israeli settlements on the West Bank

Despite protests, the Israeli Knesset passed a law legalizing settlements in the Palestinian territories. Critics believe that even after creating two states, the conflict cannot now be resolved.

More than two hundred settlements

Israeli settlements in Palestinian territories

Is there a chance for reconciliation?

Israeli settlements in Palestinian territories

Demolition of Amona

Israeli settlements in Palestinian territories

Barricades and riots

Israeli settlements in Palestinian territories

New refuge in Ofra

Israeli settlements in Palestinian territories

Forced demolition in Ofra

Israeli settlements in Palestinian territories

More than two hundred settlements

According to the human rights organization Betselem, between 1967 and 2013, 125 official Israeli settlements and outposts and about a hundred illegal ones were created in the West Bank and East Jerusalem. According to the UN Office for the Coordination of Humanitarian Affairs (OCHA), Israeli authorities have occupied 35 percent of East Jerusalem for settlement construction.

Israeli settlements in Palestinian territories

Is there a chance for reconciliation?

A new Jewish settlement is being built in the Har Homa area, located between Jerusalem and Bethlehem. Palestinian representatives say Israel's settlement policies are ruining the chances of a two-state solution to the protracted conflict and impeding a peace settlement. The international community has also criticized settlement construction.

Israeli settlements in Palestinian territories

Israel confiscates private lands

The construction of settlements was prohibited on lands that were privately owned by Palestinians. The new law legalized, after the fact, settlements built in Palestinian territories “through ignorance or at the initiative of the state.” Land owners are provided with compensation or the provision of an alternative plot. The Palestinian Authority does not allow land to be sold to Israel under threat of death penalty.

Israeli settlements in Palestinian territories

Demolition of Amona

The new law does not apply to those Jewish settlements that must be demolished by court order. However, it was with the help of this law that proponents of the settlements hoped to prevent the forced eviction of residents of Amona, a settlement in the West Bank whose residents have been in conflict with the Israeli authorities since 2005. 40 families were forcibly evicted, and then demolition began.

Israeli settlements in Palestinian territories

Barricades and riots

The Israeli Supreme Court ordered the demolition of Amona at the end of 2014. The demolition dates were repeatedly postponed. Until the last moment, members of right-wing groups and settlers opposed the evacuation of residents and the destruction of the settlement. Many of those opposed to the demolition of Amona came here from other places specifically. In turn, the Palestinians vehemently protested against maintaining the settlement.

Israeli settlements in Palestinian territories

Settler conflict with Palestinians

Settlers from Amona believe that the West Bank, occupied by Israel during the Six Day War in 1967, is the land promised to the Jewish people by God, as evidenced in the Torah. Today, about 600 thousand Israelis live in settlements in the West Bank and East Jerusalem. Clashes occur again and again between Jewish settlers and Palestinians.

Israeli settlements in Palestinian territories

New refuge in Ofra

In total, approximately 4,000 apartments for Jewish settlers were built illegally on land owned by Palestinians. This is a total of 16 settlements and outposts. They must either be forcibly demolished or legalized according to the adopted law. Many of the displaced settlers of Amona found new refuge in the nearby settlement of Ofra.

Israeli settlements in Palestinian territories

Forced demolition in Ofra

But even in Ofra itself, which has existed since 1975, not all buildings were erected on a legal basis. Therefore, nine houses built on private Palestinian land must be demolished by March 5, 2017. The Ben Shushan family was also among those who would have to leave their home.

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The Israeli Knesset in preliminary reading approved the “Law for the regulation of Jewish settlements in Judea and Samaria.” Tel Aviv claims that the document is not a legalization of houses built in the West Bank, and takes into account the rights of owners of the land on which the buildings are located, which are infringed by Palestinian law. Palestine believes that such a formulation of the issue is in principle unacceptable, since we are talking about occupied territories.

The bill on Jewish settlements in the West Bank, which was adopted by the Israeli parliament in preliminary reading, is not aimed at legalizing them, but at streamlining property relations and the rights of both land owners and residents of houses. Israeli Minister of Absorption, member of the Knesset Foreign Affairs and Security Committee Zeev Elkin told Izvestia about this.

The bill was adopted in preliminary reading, so it still has a long way to go in parliament. But, most likely, it will acquire the status of law if some factions do not change their position. In general, the voting results were predictable, since the document received the support of the ministerial commission on legislation. We need to understand what this bill says. In a situation where houses were unintentionally built on private property, instead of demolishing them, compensation is expected to be paid to the owners of the land. This is in the interests of both residents of such houses and land owners. With the latter there is one more circumstance that must be taken into account. The problem is that, according to Palestinian law, a person who sells or gives up land to Jews is punishable by death. That is, the owners are deprived of choice. Thus, this bill is the only way to protect the rights of land owners, give them real money and at the same time not demolish their houses, says Zeev Elkin.

Izvestia’s interlocutor notes that this is not about the political status of the Palestinian territories, but only concerns property relations, and therefore there is no connection between the document under discussion and the draft resolution on Jewish settlements in the Palestinian territories, which is planned to be submitted to the UN Security Council in the future. .

On November 16, the Israeli Knesset approved in preliminary reading the “Law for the Regulation of Jewish Settlements in Judea and Samaria.” 58 members of the legislative body, including Prime Minister Benjamin Netanyahu, spoke in support of the document, while 50 voted against. According to various estimates, from two to three thousand housing units fall under its scope. To acquire the status of law, a document must be approved in three readings.

Moscow has traditionally expressed concern about Tel Aviv's decisions to expand existing settlements and build new ones.

Meanwhile, as Nabil Shaath, a member of the Central Committee of the Fatah party and former Palestinian Foreign Minister, previously told Izvestia, Egypt, which is currently one of the non-permanent members of the UN Security Council and the only representative of the Arab world in this body, will soon make for consideration a draft resolution on Jewish settlements. If the document is approved, they will be declared illegal.

It all depends on Washington's position. The remaining members of the Security Council - permanent and non-permanent - agree with its provisions. The idea of postponing the vote (until the formation of a new American administration) is due to the fact that then there will be at least some possibility that the United States will not use the veto, noted Nabil Shaath.

Mohammed Asaad al-Eweiwi, a teacher at the Al-Quds Open University in Ramallah, believes that raising the question that the Israeli authorities are trying to take into account the interests of land owners looks ridiculous.

In principle, we should not talk about the concessions that Israel allegedly makes in relation to the Palestinian people. The settlements are located in occupied territories, are illegal and are recognized as such by both Palestine itself and the international community. Unfortunately, the position taken by the United States in the UN Security Council allows Tel Aviv to continue its settlement activities. Many are now hoping for some changes in connection with the victory of Donald Trump in the presidential election. But I honestly don't see any difference between Democrats and Republicans on the Palestinian issue. Therefore, one should not hope that the draft resolution on settlements will be adopted. Israel will continue to develop Palestinian territories, emphasized Mohammed Asaad al-Eweiwi.

The Israeli Knesset in its first reading passed a law legalizing Jewish settlements in the West Bank, built without the sanction of the Israeli government. From the point of view of international law, such actions are a violation, since the land on which they are built is the territory of the future Palestinian state.

As a rule, the construction of such settlements begins with a few huts, but after some time they expand significantly, receive protection from the Israeli army, provide electricity, gas and water and introduce more centralized management, although they formally remain outside the legal framework. However, the Palestinian leadership regularly accuses the Israeli government of condoning and actually encouraging the construction of such settlements. Currently, about 800 thousand Israeli citizens live in them, approximately 350 thousand of whom live in settlements that do not have official registration. The situation is complicated by the fact that settlements are scattered throughout almost the entire territory of the West Bank (which in Israel is called “Judea and Samaria”), which makes the creation of a unified political state much more difficult.

The bill to legalize the settlements was jointly developed by deputies from the ruling Likud party, led by Prime Minister Benjamin Netanyahu, and their colleagues from the ultra-conservative Jewish Home party. The reason was a trial in the Supreme Court, which ordered the demolition of the settlement in the city of Amona, in which more than 40 Jewish families live on Palestinian soil, by December 25.

“For those who still don’t understand: this law gives the green light to the annexation of territories,” Tzipi Livni, leader of the opposition Zionist Union party, wrote on Twitter about the adoption of the law, which, despite the votes of her party, passed with 58 votes against 50. - Welcome to the state of two nations."

The state of two nations in Israel is usually called an option in which the territory of the state of Israel, the West Bank and the Gaza Strip are united into one state, and its residents receive equal rights, regardless of their nationality and religion. Although there is some support for this option, most Israeli political parties reject it, adhering to the formula of a “Jewish state” in which Jews play a leading role.

Most countries, including the United States, consider Israeli settlements illegal. Some observers believe that the settlement law was passed in such a hurry not because of the proceedings over the fate of Amona, but because of Barack Obama's intention to introduce a resolution to the UN Security Council banning the construction of new settlements.

Although the bill needs to go through several more readings for the bill to enter into legal force, Justice Minister Ayelet Shaked, who voted for the law along with her Jewish Home party, has already asked the Supreme Court to “reconsider its position,” since after the parliament’s decision “ the rules of the game have changed." According to estimates by the leader of the Jewish Home, Naftali Bennett, the law will help legalize from 2 to 3 thousand settlements, which are home to about 15 thousand people. Theoretically, Prime Minister Benjamin Netanyahu could refuse to sign the law at the last moment, but such an outcome is extremely unlikely, given that it was he who gave the Cabinet of Ministers the order to develop it.

In Palestine, the legalization of settlements has caused expected disappointment: one of the leaders of the Palestine Liberation Organization (PLO), Hanan Ashrawi, called it a “mockery of the law,” adding that it is a direct violation of international law and a blow to the peaceful resolution of the Arab-Israeli conflict.

“The illegal Israeli occupation is helping to steal Palestinian lands, both public and private,” Ashrawi said. “This law allows for the expansion of settlement projects [implying the creation of an independent Palestine] and at the same time gives Israel the opportunity to further expand into the territories of historical Palestine.” .

Plan:

1 Terms
2 Review of the history of Judea and Samaria (West Bank)
3 History of modern Israeli settlements
4 Population
5 Status of the Settlements from the point of view of Orthodox Judaism
6 Status of Settlements from the point of view of international law
7 Israel's position
8 Evacuation of settlements
9 List of settlements in Judea and Samaria (West Bank)
10 Gaza Strip
- 10.1 Former settlements

Introduction

Ariel city view

Israeli settlements in the West Bank (2006) (in red)

Israeli settlements in the West Bank and Gaza Strip are settlements created after 1967 in territories occupied by Israel during the Six-Day War, whose residents are Israeli citizens, mostly Jews. Many countries and the UN define these territories as occupied, which is disputed by Israel. Israel defines these territories as disputed.

Currently, these settlements exist in the West Bank (Judea and Samaria), under both Israeli control and the Palestinian National Authority.

There is broad consensus in the international community [ source not specified 150 days] that the existence of Israeli settlements in the occupied territories is contrary to the Geneva Convention. International intergovernmental organizations such as the Conference of the Parties to the Fourth Geneva Convention, the UN and the EU have repeatedly stated that these settlements are a serious violation of international law. Non-governmental organizations such as Amnesty International and Human Rights Watch have also described the settlements as a violation of international laws.

Israel does not agree that its actions are a violation of international law, and believes that the norms of the Geneva Convention cannot be applied in this case, since “these territories did not previously belong to any state.”

As of 2007, the number of residents of Israeli settlements in the West Bank (including areas of Jerusalem located east of the 1948 division line, such as Neve Yaakov, Pisgat Zeev, Gibeah Tsarfatit, Gilo, Ar-Homa) was 484 thousand people.

1. Terms

In Hebrew, a settlement outside the Green Line is usually called hitnakhlut(התנחלות). The term means “heritage,” that is, a settlement founded on land inherited from the ancestors who lived on it during the times of the kingdoms of Israel. In the Torah it is mentioned in relation to the Jewish settlement of Hannan after the exodus from Egypt. This term began to be used after the first election victory and the Likud party coming to power in 1977. Gradually the term hitnakhlut acquired a negative connotation and currently residents of the settlements and their supporters use the term hityashvut, which actually means “settlement”.
Palestinians refer to Israeli settlements by the term mustamaraat(مستعمرات), which literally means colonies.
The Israeli government officially adheres to historical names Judea and Samaria in relation to the territory called the West Bank in the 2nd half of the 20th century. Unlike representatives of the Israeli right camp, representatives of the left camp, opponents of the full or partial annexation of this territory by Israel, do not agree with this term.

2. Overview of the history of Judea and Samaria (West Bank)

Until the 13th century BC. e. On the territory of the western bank of the Jordan River there were several city-states of various Canaanite peoples.
During the XIII-XII centuries BC. e. these territories were captured by Jewish tribes and have since become part of the Land of Israel. The name “Judea” was given to the territory that was ceded to the tribe of Judah (in Jewish terminology, the tribe of Judah).
In the 11th century BC. e. this territory became part of the united kingdom of Israel, the capital of which was first the city of Hebron, and then became Jerusalem.
After the collapse of the united Kingdom of Israel in the 10th century BC. e. two kingdoms were created on its former territory - Judah and Israel. The Israeli kings founded the new capital of their kingdom - the city of Samaria (Hebrew: שומרון‎). The territory adjacent to the new capital began to be called Samaria.
Jewish statehood was finally destroyed by the Roman Empire during the period of Emperor Hadrian in the 2nd century AD. e. The land of Israel was renamed by the Romans into the province of Palestine, after the name of one of the sea peoples (Philistines, (Hebrew: פלישתים‎)) who lived in it in the past.
Over the next 18 centuries, this territory was alternately part of the Roman Empire, the Byzantine Empire, the Arab Caliphate, the Crusader state, the Mameluke state, the Ottoman Empire and the British Mandate.
At the end of the 19th and first half of the 20th centuries, Jewish repatriates created a number of settlements in Judea, Samaria and the Gaza region. During the Arab-Israeli War of 1947-1949, Judea and Samaria were occupied and unilaterally annexed by Transjordan (Jordan after annexation), which gave it the name "West Bank" to distinguish it from the eastern bank, which was its main territory before the war . Residents of the few [ specify] Jewish settlements in the territories captured by Transjordan fled or were expelled by Transjordan to Israel.
The territories of Judea and Samaria came under the control of the State of Israel in 1967 as a result of the Six-Day War.

3. History of modern Israeli settlements

In 1967, as a result of the Six Day War, Israel gained control over a number of new territories.

From Jordan, the West Bank of the Jordan River, including the eastern part of Jerusalem (East Jerusalem), which was located within Jordan before the war, came under Israeli control.
The Sinai Peninsula and the Gaza Strip passed from Egypt to Israeli control.
The Golan Heights passed from Syria to Israeli control. In 1981 they were annexed by Israel.
In 1967, Jerusalem's municipal boundaries were expanded to cover the old city and East Jerusalem. Residents of the former Jordanian part of the city were offered the choice of Israeli citizenship (with some exceptions) or a residence permit (if they wished to retain Jordanian citizenship). Israel's annexation of East Jerusalem has not been recognized by any country in the world.
Sinai, the Gaza Strip and the West Bank received the status of occupied territories. Their residents were not offered Israeli citizenship or residency. Although initially, they de facto had the opportunity to work in Israel and cross the Green Line.
In 1967, by decision of the Israeli government, the first Israeli military settlements were created in the Golan Heights and settlements in the West Bank.

Moshe Dayan wrote about the creation of settlements -

In areas from which we do not want to leave, and which are part of the new territorial map of the State of Israel, facts must be created by creating urban, agricultural and industrial settlements and army bases... I consider settlements as the most important thing that has the strongest weight from the point of view of creating political facts. This is based on the assumption that we will stay in any location where we establish an outpost or settlement

Original text(English)

In areas from which we do not want to withdraw, and which are part of the State of Israel's new territorial map, facts should be created urban, agricultural and industrial settlements, and army bases.....I view settlement as the "most important thing, as the thing that has the greatest weight in terms of creating political facts. This is based on the assumption that we will remain wherever we establish a holding post or settlement."

In 1977, there were already 36 Israeli settlements in the West Bank, 16 in the Gaza Strip and Sinai, and 27 in the Golan Heights. The total population of the settlements was 11 thousand people.
In 1981, Israel evacuated all its settlements from the Sinai Peninsula, in connection with the return of this territory to Egypt under the Camp David Peace Treaty. As part of this agreement, Egypt renounced its claims to the Gaza Strip.
In 1994, as a result of a peace treaty between Israel and Jordan, the latter renounced its claims to the West Bank.
In August 2005, Israel evacuated its settlements from Gaza and the northern West Bank (northern Samaria) under the Unilateral Separation Plan.

4. Population

For years, the Israeli government encouraged Israelis and new Jewish immigrants from other countries to move to the settlements. Those who moved there had tax benefits (7% on monthly income up to 10,000 shekels, the benefit was canceled in 2002 [ source not specified 647 days]), subsidies and preferential loans for the purchase of housing, etc. The table shows how population growth occurred in Israeli settlements:

* including Sinai

The population continues to grow due to internal migration, external migration (an average of 1,000 foreign Jewish citizens arrive in the settlements per year), as well as due to the high birth rate (in the settlements the birth rate is approximately three times higher than in Israel as a whole, which associated with a high percentage of religious settlers).

5. Status of the Settlements from the point of view of Orthodox Judaism

The situation in which the legality of the Jews' liberation of the Land of Israel and its settlement will be disputed by the peoples of the world was described by Rashi, a famous Jewish commentator on the TaNaKh and Talmud, back in the 11th century AD. e., 900 years before the Jews returned to their land. In a commentary on the first words of the Torah, “In the beginning G-d created the heavens and the earth,” Rashi writes: “Rabbi Isaac said: “The Torah should begin with (the verse) “This month is for you the head of months” [Exodus 12, 2], which is the first commandment given (to the children of) Israel. Why does (it) begin with the creation of the world? Because “He showed the power of His works to His people, to give them possession of the tribes” [Psalms 111, 6]. For if the nations of the world say to Israel: “You are robbers, who have seized the lands of seven nations,” then (the sons of Israel) will say to them: “The whole earth belongs to the Holy One, blessed be He. He created it and gave it to whomever pleased Him. According to His will He gave it to them (for a time), according to His will He took it away from them and gave it to us.”

6. Status of Settlements from the point of view of international law

Article 49 of the “Geneva Convention of 12 August 1949 relative to the Protection of Civilian Persons in Time of War” states

The occupying power will not be able to deport or transfer parts of its own civilian population into the territory it occupies.

UNSC Resolutions 446, 452, 465 and 471, adopted in 1979-1980, stated that Israel's creation of settlements in the occupied territories was illegal and demanded that Israel stop building settlements.

(UN Security Council) decides that Israel's policy and practice of establishing settlements in the Palestinian and other Arab occupied territories since 1967 has no legal basis and constitutes a serious obstacle to the establishment of a comprehensive, just and lasting peace in the Middle East. (UN Resolution 446, Article 1)

7. Israel's position

Israel does not agree that its actions are a violation of international law, and that the norms of the Geneva Convention cannot be applied in this case, since “these territories did not previously belong to any state.”

8. Evacuation of settlements

9. List of settlements in Judea and Samaria (West Bank)

(Part of Israeli settlements has been given city status)

Alon Shvut (Hebrew: אַלּוֹן שְׁבוּת‎)
Alpheus Menashe (Hebrew) אַלְפֵי מְנַשֶׁה ‎)
Ar-Adar (Hebrew: הַר אֲדָר‎)
Ar-Brakha (Hebrew: הַר בְּרָכָה‎)
Ar-Gilo (Hebrew: הַר גִּלֹה‎) Considered an Israeli settlement. From the point of view of Israeli legislation, it is actually one of the districts of Jerusalem.
Ariel (Hebrew: אֲרִיאֵל‎)
Ateret (Hebrew: עֲטֶרֶת‎ ‎)
Bat Ayn (Hebrew: בַּת עַיִן‎ ‎)
Beit Aryeh - Ofarim (Heb. בֵּית אַרְיֵה-עֳפָרִים‎ ‎)
Beit El (Hebrew: בֵּית אֵל‎ ‎)
Beitar Ilit (Hebrew) בֵּיתָר עִלִּית‎ ‎)
Givat Zeev (Hebrew) גִּבְעַת זְאֵב‎ ‎ - lit. "hill of Ze'ev") The settlement is named after Zeev-Vladimir Jabotinsky. Considered an Israeli settlement. From the point of view of Israeli legislation, it is actually one of the districts of Jerusalem.
Efrat (Hebrew: אֶפְרָתָה‎) (also unofficial name Efrat)
Eastern areas of Jerusalem (Al-Quds) (Hebrew: יְרוּשָׁלַיִם ‎) (Arabic: القدس ‎‎) (city status is still controversial)
Karmei-Tzur (Hebrew: כַּרְמֵי צוּר‎ ‎)
Karnei Shomron (Hebrew) קַרְנֵי שׁוֹמְרוֹן‎ ‎)
Kdumim (Hebrew: קְדוּמִים‎ ‎)
Keidar (Hebrew: קֵדָר‎)
Kiryat Arba (Hebrew) קִרְיַת־אַרְבַּע ‎ - “village of four”) Considered an Israeli settlement, in fact the Jewish part of the city of Hebron.
Kiryat Luza (Neve Kedem) (Heb. (קרית לוזה (נווה קדם ‎) Considered an Israeli settlement, in fact the Samaritan part of the city of Nablus (Shomron, Nablus), adjacent to the Jewish settlement of Ar-Brakha.
Kfar Etzion (Hebrew) כְּפַר עֶצְיוֹן‎ ‎)
Maale Adumim (Hebrew) מַעֲלֵה אֲדֻמִּים‎ ‎)
Maale Amos (Hebrew) מַעֲלֵה עָמוֹס‎ ‎)
Maale Ephraim (Hebrew) מַעֲלֵה אֶפְרַיִם‎ ‎)
Meitzad (Hebrew: מיצד‎) (also informal name for Asfar)
Migdal-Oz (Hebrew: מִגְדַּל עֹז‎ ‎)
Modiin Illit (Hebrew) מוֹדִיעִין עִלִּית‎ ‎)
Nokdim (Hebrew: נוֹקְדִים‎) ‎)
Neveh Daniel (Hebrew) נְוֵה דָּנִיֵּאל‎ ‎)
Oranit (Hebrew: אֳרָנִית‎ ‎)
Pnei-Kedem (Hebrew: פְּנֵי קֶדֶם‎ ‎)
Rosh Tzurim (Hebrew: רֹאשׁ צוּרִים‎ ‎)
Tekoa (Hebrew: תְּקוֹעַ‎ ‎)
Halamish (Hebrew: חַלָּמִישׁ‎ ‎) (also unofficial name "Neve-Tzuf", Hebrew: נוה-צוף‎)
Elazar (Hebrew: אֶלְעָזָר‎ ‎)
Elkanah (Hebrew: אֶלְקָנָה‎ ‎)
Imanuel (Hebrew: עִמָּנוּאֵל‎ ‎)

Gush Etzion (Hebrew) גּוּשׁ עֶצְיוֹן‎ ‎) - settlement block

10. Gaza Strip

On August 15, 2005, Israel began the withdrawal of Israeli settlers (9,200 people). On August 22, all Israelis left the Gaza Strip. Since August 23, there has been no Israeli settlement in the Gaza Strip. On September 12, the last Israeli soldier left the Gaza Strip.

Israel legalizes settlements on the West Bank. Jewish settlements and international law Israeli settlements on the West Bank

More than two hundred settlements

Israeli settlements in Palestinian territories

Is there a chance for reconciliation?

Israeli settlements in Palestinian territories

Israeli settlements in Palestinian territories

Demolition of Amona

Israeli settlements in Palestinian territories

Barricades and riots

Israeli settlements in Palestinian territories

Israeli settlements in Palestinian territories

New refuge in Ofra

Israeli settlements in Palestinian territories

Forced demolition in Ofra

Israeli settlements in Palestinian territories

More than two hundred settlements

Israeli settlements in Palestinian territories

Is there a chance for reconciliation?

Israeli settlements in Palestinian territories

Israel confiscates private lands

Israeli settlements in Palestinian territories

Demolition of Amona

Israeli settlements in Palestinian territories

Barricades and riots

Israeli settlements in Palestinian territories

Settler conflict with Palestinians

Israeli settlements in Palestinian territories

New refuge in Ofra

Israeli settlements in Palestinian territories

Forced demolition in Ofra

Plan:

Introduction

1. Terms

2. Overview of the history of Judea and Samaria (West Bank)

3. History of modern Israeli settlements

4. Population

5. Status of the Settlements from the point of view of Orthodox Judaism

6. Status of Settlements from the point of view of international law

7. Israel's position

8. Evacuation of settlements

9. List of settlements in Judea and Samaria (West Bank)

10. Gaza Strip