| Revision as of 10:21, 9 April 2002 view sourceEd Poor (talk | contribs)Extended confirmed users, Pending changes reviewers59,195 edits the term "military control" is always NPOV -- occupation is a loaded term← Previous edit | Revision as of 10:23, 9 April 2002 view source Ed Poor (talk | contribs)Extended confirmed users, Pending changes reviewers59,195 edits labeled the latter 95% of the article as "Legal Issues"Next edit → | ||
| Line 1: | Line 1: | ||
| ] has constructed numerous Jewish settlements in the ] and ], disputed territories much of which is under Israeli military control. | ] has constructed numerous Jewish settlements in the ] and ], disputed territories much of which is under Israeli military control. | ||
| ==== Legal Issues ==== | |||
| These settlements have been declared to be illegal by the ] (Resolution 446), and Israel has been asked by that resolution to cease further settlement activity. Since resolution 446 was not made under Chapter VI or VII of the ], Israel argues that it is purely an advisory request, and chose not to fulfill it. The issue of the legal status of resolutions of the UN Security Council not made under Chapters VI or VII of the Charter is controversial in international law -- some accept Israel's argument, others reject it, and consider the resolution to be legally binding on Israel. | These settlements have been declared to be illegal by the ] (Resolution 446), and Israel has been asked by that resolution to cease further settlement activity. Since resolution 446 was not made under Chapter VI or VII of the ], Israel argues that it is purely an advisory request, and chose not to fulfill it. The issue of the legal status of resolutions of the UN Security Council not made under Chapters VI or VII of the Charter is controversial in international law -- some accept Israel's argument, others reject it, and consider the resolution to be legally binding on Israel. | ||
Revision as of 10:23, 9 April 2002
Israel has constructed numerous Jewish settlements in the West Bank and Gaza Strip, disputed territories much of which is under Israeli military control.
Legal Issues
These settlements have been declared to be illegal by the UN Security Council (Resolution 446), and Israel has been asked by that resolution to cease further settlement activity. Since resolution 446 was not made under Chapter VI or VII of the United Nations Charter, Israel argues that it is purely an advisory request, and chose not to fulfill it. The issue of the legal status of resolutions of the UN Security Council not made under Chapters VI or VII of the Charter is controversial in international law -- some accept Israel's argument, others reject it, and consider the resolution to be legally binding on Israel.
Israel claims that the territories in question are not claimed by any other country (both Jordan and Egypt withdrawing their claims to these lands as parts of their peace agreements with Israel). Therefore Israel opposes the territories' definition as "occupied", and denies the de-jure applicability of the Geneva Conventions to them.
Israel also points out that in the Oslo Accords, the Palestinians accepted at least the temporary presence of Israeli settlements; therefore the violent attacks carried out by Palestinians against settlements are not only wrong because of settlers' being civilians, but also are in fact breach of a mutual agreement put down in the form of Oslo Accords.
The Palestinians argue that Israel has violated the Oslo Accords by continuing to expand the settlements after the signing of the accords; Israel argues that it has not constructed new settlements, but rather made improvements to or expanded settlements already existing, in order to accomodate "natural growth." The Palestinians and other Arab states also accuse Israel of attacking refugee camps and villages in an attempt to scare off Palestinians and claim the land as theirs.
Israel previously also had settlements in the Sinai, but these where withdrawn as a result of the peace agreement with Egypt. Most proposals for achieving a final settlement of the Middle East conflict involve Israel dismantling a large number of settlements in the West Bank and Gaza strip; but most settlement proposals have also involved Israel being allowed to retain settlements near Israel proper and in East Jerusalem (the majority of the settler population is near the Green Line), with Israel annexing the land on which the settlements are located. This would result in a transfer of roughly 5% of the West Bank to Israel, with the Palestinians being compensated by the transfer of 5% of Israeli territory (i.e. territory behind the Green Line) to the Palestinian state.
See an unofficial Israeli position paper on this issue.