Israeli Settlement - Legal Status

Legal Status

The consensus view of the international community is that the existence of Israeli settlements in the West Bank including East Jerusalem and the Golan Heights is in violation of international law. The Fourth Geneva Convention includes statements such as "the Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies".

At present, the predominant view of the international community, as reflected in numerous UN resolutions, regards the building and existence of Israeli settlements in the West Bank, East Jerusalem and the Golan Heights as a violation of international law. UN Security Council Resolution 446 refers to the Fourth Geneva Convention as the applicable international legal instrument, and calls upon Israel to desist from transferring its own population into the territories or changing their demographic makeup. The reconvened Conference of the High Contracting Parties to the Geneva Conventions has declared the settlements illegal as has the primary judicial organ of the UN, the International Court of Justice.

The position of successive Israeli governments is that all authorized settlements are entirely legal and consistent with international law. 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. The scholar and jurist Eugene Rostow has disputed the illegality of authorized settlements.

Under Israeli law, West Bank settlements must meet specific criteria to be legal. In 2009, there were approximately 100 small communities that did not meet these criteria and are referred to as illegal outposts.