Initialement publié le 22 juillet 2023 @ 20h51
Israel voluntarily chose to uphold the humanitarian provisions of the Convention (HCJ 337/71, Christian Society for the Holy Places v. Minister of Defense, IsrSC 26(1) 574; HCJ 256/72, Electricity Company for Jerusalem District v. Minister of Defense et al., IsrSC 27(1) 124; HCJ 698/80 Kawasme et al. v. The Minister of Defense et al., IsrSC 35(1) 617; HCJ 1661/05 Hof Aza. Regional Council et al. v. Knesset of Israel et al., IsrSC 59(2) 481).
As a result, Israel pursued a policy that allowed Israelis to voluntarily establish their residence in the territory in accordance with the rules determined by the Israeli government and under the supervision of the Israeli legal system, subject to the fact that their continued presence would be subject to the outcome of the diplomatic negotiations.
In view of the above, we have no doubt that from the perspective of international law, the establishment of Jewish settlements in Judea and Samaria is not illegal.
- 1 Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907.
- 2 http://www.icrc.org/ihl.nsf/INTRO/380
- 3 Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive. Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons does demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased. The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members of the same family are not separated. The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place. The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demands. The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.
- 4 The position of Peace Now. See also B’tselem: Under the Guise Of Legality: Israel’s Declarations of State Land in the West Bank, February 2012.
- 5 http://jcpa.org/article/the-settlements-issue-distorting-the-geneva-convention-and-the-oslo-accords/