Netanyahu’s Government towards approving raft of settlement construction in the oPt

April 14, 2016

On the 13th of April 2016, Americans for PEACENOW movement published on its website a report indicating that Israel has advanced building plans in a number of settlements in the occupied Palestinian territory (oPt) during the first quarter of 2016. The report listed a total of 674 new settlement units planned to be built in 14 Israeli settlements in the oPt, out of which, 175 units were retroactively approved by the Government. Note that most of the settlements on the Government approval list are located in the Western Segregation Zone (WSZ) (in the area isolated between the 1949 Armistice Line and the route of the Israeli Segregation Wall). Table 1 lists the Israeli settlements on the Government approval list as published by American for PEACENOW movement
 

However, data obtained from the Israeli Ministry of Interior website (MOIN) during the first quarter of 2016 unveils list of 33 Israeli settlements that are actually on the Israeli Government’s approval list; eight of which received the Government’s official approval today, (Haaretz[1], 2016); while the remaining settlements’ plans are still in discussion phase, awaiting further approvals. Table 2  lists the building plans in the Israeli settlements in the oPt.
 

Map 1: Building Plans in Israeli settlements as obtained from the MOIN website

Analysis of the above listed table indicated that Israel is stepping up its settlement activity in Israeli settlements that has already become or planned to become on the western side of the wall[2], in what became known to the Palestinians as “the Western Segregation Zone (WSZ)”. Accordingly, building plans were advanced in 20 Israeli settlements in the WSZ including Ariel, Ma’ale Adumim, Giv’at Zeev, Mod’in Illit, Ma’ale Shomron, Karne Shomron, Efrat and Beitar Illit in addition to many others as listed in (Table 2)

Time and again, Israel have allowed the building and expansion in Israeli settlements to seize control over more Palestinian land with no regard to Palestinians’ rights. Its willingness to continue engaging in such activities despite international condemnation, is seen as a substitute for long and ongoing worldwide political efforts that aim at bridging between the Palestinians and the Israelis to reach a just and lasting peace.   

Additionally, Israel’s settlement building and expansion hasn’t been limited to settlements in the WSZ, but expanded to include settlements that became on eastern side of the wall, with special focus on settlements that constitute strategic and geographic importance to Israel. Israel took the opportunity to  invest in these settlements despite being excluded from the wall plan so as to sustain their existence in the future. In that regard, 13 Israeli settlements located east of the wall are awaiting the Government’s approval, they are Beit El, Nokdim, Tequ, Rotem, Kiryat Arba, Karmiel, Tene, Maon, Kalya and Bracha, Tene, Neriya outpost-Talmon and Rechalim. See (Table 2 )

Israeli Settlements in International law

The  existence of the Israeli settlements in the West Bank and expansion activities being carried out in them are considered Illegal and contradict with the international law rules and human conventions, most specifically the United Nations Security Council Resolutions 237 of 1967, and 271 of 1969 and 446 of 1979 and 452 of 1979  and 465 of 1980. 

Also UN Resolution 446 of 22 March 1979 calls on Israel to rescind its previous measures and to desist from taking any action which would result in changing the legal status and geographical nature and materially affecting the demographic composition of the Arab territories occupied since 1967, including Jerusalem and, in particular, not to transfer parts of its own civilian population into the occupied Arab territories'. 

Also the resolution 452 of the 1979 “calls upon the Government and people of Israel to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem.” 

Furthermore the Fourth Geneva Convention also states in Article 49 that “The occupying power shall not deport or transfer parts of its own population into the territories it occupies.” and Article 174 of the same convention “prohibits the 'extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly.” 

In May 2001, the head of the International Red Cross delegation to Israel and the Occupied Territories said that settlements are 'equal in principle to war crimes'. (Note: 'The transfer, the installation of population of the occupying power into the occupied territories is considered as an illegal move and qualified as a 'grave breach.' It's a grave breach, formally speaking, but grave breaches are equal in principle to war crimes', Rene Kosirnik, head of the ICRC delegation to Israel and the OPT, press conference 17 May 2001.) 

[1] Netanyahu, Ya'alon Approved Over 200 New Housing Units in Settlements, Outposts
read more: http://www.haaretz.com/israel-news/.premium-1.714265

[2] Once the wall is completed, Israel will incorporate 107 Israeli settlements west of the wall, and annex them to its proper.

Prepared by:
The Applied Research Institute – Jerusalem