The Present Situation: There now exist approximately 350,000 Israeli settlers in the occupied territories, 180,000 of which live within the illegally extended municipal boundaries of East Jerusalem. According to the Israeli Ministry of Interior, the settler population in the West Bank [excluding Jerusalem] and Gaza strip has grown by 3.3% from 163,881 to 169,339 in the first six months of 1998. According to this report 86,202 settlers live in nine of the 144 settlements, including "Ma'aleh Adumim","Ariel", "Givat Ze'ev", "Efrat", "Kiryat Sefer" and "Betar". (There are also 36 settlements in the Golan Heights).
In total, the settlements occupy around 7% of the overall occupied Palestinian territory. This percentage dramatically increases when calculations include the land designated for planned expansion of settlements. Currently, the building of settlements continues, as well as the expropriation of land and the building of bypass roads for the settlements.
The Peace Process: Within the context of the Middle East peace process, the Israeli government and the Palestine Liberation Organization concluded the Declaration of Principles of 1993 and the Interim Agreement on the West Bank and Gaza Strip of 1995. The parties recognized their mutual legitimate rights and agreed that the peace process should lead to the implementation of Security Council resolution 242 (1967). The parties also agreed to postpone negotiations on specific issues, including the settlements, to a second stage of negotiations to commence in May 1996.
These agreements do not and should not alter the status of settlements, which remain illegal. The agreements require the Israeli government to desist from any settlement activities as new facts on the ground would only preempt or alter the outcome of expected negotiations, and render the agreements between the parties useless. Furthermore, additional settlement activities defy not only the basic logic of the peace process, but also the mutual recognition between the parties and the goal of achieving a just and comprehensive peace. As such, settlement activities of any kind clearly violate these agreements.
Positions of the Parties: The Palestinian side considers Israeli settlements to be illegal and an obstacle to peace and maintains that no settlement activities should take place during the transitional period. At a later stage, the settlement system should be dismantled and Palestinian claims for redress should be satisfied. This does not interfere with the possibility of Jews living under Palestinian sovereignty.
The successive Israeli governments maintained their rejection of the de jure applicability of the Geneva Convention to the territories it occupied in 1967. Israel presents several arguments to support its stand, all of which are rejected by the rest of the international community. However, immediately after the occupation in 1967, Israel�s military government instructed its military courts in the occupied territories to assume the Fourth Geneva Convention to be in effect. This provision was contained in Military Order 3 of 7 June 1967, which was later deleted. On another occasion, in the same period, Israel�s Foreign Ministry advised Minister Levy Eshkol, �that civilian settlement in the Administered Territories contradicts the express order of the Fourth Geneva Accord�. The Israeli High Court, in a case in 1979, ruled that the provisions of the Fourth Geneva Convention "has not been absorbed into the internal, municipal (internal) law." And thus it is not applicable by the Israeli courts because it is "contractual" international law, whereas, the Hague Convention of 1907, is declaratory of customary international law, and therefore, the court ruled, is applicable by Israeli 'municipal' courts without specific legislation. At a later date, in another case, Israel�s High Court itself invoked the Fourth Geneva Convention, in a letter case addressing the rights of Palestinian prisoners.
Lately, as a result of mounting outside pressure, Israeli governments insist on expanding the existing settlements under the pretext of natural growth, although some expansions are planned for ten times the size the existing settlement. They have also refused to limit settlement activities within the extended municipal boundaries of Jerusalem, while not excluding the possibility of building new ones. Since Mr. Netanyahu came into office, in 1996, his government has approved the construction of 9,256 housing units in settlements.
The positions of successive U.S. administrations have varied but a common denominator has been the classification of settlements as an obstacle to peace. Since 1967 war until the Reagan administration, the American position maintained that the Fourth Geneva Convention applies to the occupied territories, and hence settlements are illegal under international law. In the 1980s, the position of the Reagan administration was watered down to one that considers settlements as �an obstacle to peace� and has been maintained since by the successive administration. The U.S. stated in its 1991 letter of assurances to the Palestinian side to the Madrid Peace Conference that "the U.S. has opposed and will continue to oppose settlement activities in territories occupied since 1967, which remain an obstacle to peace." However, the Clinton administration went even further, by classifying settlement activity as "unhelpful" and in light of the peace process started calling upon the parties to refrain from any "unilateral action", a vague term that meant to address settlement activities and other actions that are contrary to the peace agreements. The Clinton administration has also vetoed ? Security Council draft resolutions on settlements.
Meanwhile, the entire international community, including the Russian Federation, the members of the European Union, and the members of the Non-Aligned Movement unanimously maintains that the Israeli settlements are illegal and an obstacle to peace.
Conclusion: The Israeli settlement system is illegal under international law. It violates United Nations General Assembly and Security Council resolutions and any activities in this regard also violate the Palestinian-Israeli agreements and endanger the peace process. Such activity must be brought to an end, pending negotiations, which must lead to the dismantlement of the settlement system and proper redress for the Palestinian people.
