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Are Israel's West Bank settlements legal?
In brief
Most governments and the International Court of Justice say the settlements violate international law. Israel rejects that view and argues that the West Bank is disputed and not occupied sovereign territory. The legal question is the clearest example on this list of a dispute where the main authorities side with one position.
What is claimed
- Critics say that moving civilians into occupied territory violates Article 49(6) of the Fourth Geneva Convention, and that settlements take land and block a Palestinian state.
- They also point to settler violence and to the growth of outposts that are illegal even under Israeli law.
What the record shows
- In its 2004 advisory opinion on the separation barrier, the ICJ said the settlements were established in breach of international law.
- UN Security Council Resolution 2334 of December 2016 said the settlements have no legal validity. The United States abstained.
- On 19 July 2024 the ICJ issued an advisory opinion saying Israel's continued presence in the occupied Palestinian territory is unlawful and that Israel should end it and evacuate settlers.
- There are roughly half a million Israeli settlers in the West Bank and over 200,000 more in East Jerusalem. Figures vary by source.
The case and the answers
The strongest case against
- The Geneva Convention bans an occupier from transferring its own population into occupied land, and Israel's settlement policy does exactly that.
- Settlements fragment the West Bank and make a contiguous Palestinian state hard to build.
The best answers
- Article 49(6) was written to bar forced transfers such as those Nazi Germany carried out. Israelis moved voluntarily.
- Jordan held the West Bank from 1948 to 1967 without wide international recognition, so there was no prior legitimate sovereign. The territory is disputed, to be settled by negotiation.
- The Jewish connection to Judea and Samaria goes back thousands of years, and the League of Nations mandate recognized Jewish rights there.
- Israel removed all settlements from Gaza in 2005 and from parts of the northern West Bank, which shows they are negotiable.
Key dates
- 1967 Israel takes the West Bank in the Six-Day War.
- 1993 Oslo Accords divide the West Bank into Areas A, B and C.
- 2004 ICJ advisory opinion on the separation barrier.
- 2005 Israel withdraws from Gaza and four northern West Bank settlements.
- Dec 2016 UN Security Council Resolution 2334.
- 19 Jul 2024 ICJ advisory opinion on the occupation.
Who addresses this
Profiles with articles, videos and podcasts. Open a profile for the full list.
- Natasha HausdorffInternational law and the ICJ
- Caroline GlickArgues for Israeli sovereignty
- Michael OrenDiplomacy and the peace process
- Khaled Abu ToamehPalestinian affairs
Direct sources and further study
- ICJ: Advisory opinion on the occupied Palestinian territory (case 186)Primary document
- Wikipedia: Israeli settlementNeutral overview of law, numbers and history
- Levy Report (2012), Israeli Ministry of Justice committeeThe Israeli government committee that argued the settlements are lawful
- B'Tselem and Peace Now settlement monitoringIsraeli organizations that track and oppose the settlements
Related on NOWlej
Six-Day War · Oslo Accords · Judea and Samaria · Palestinian Authority · Jordan
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Links to outside sources are provided for study and do not imply endorsement. Figures and rulings are described as of the date shown.