User:Nableezy/il
Appearance
- Benveniśtî, Eyāl (2004), The international law of occupation, Princeton University Press, p. xvii, ISBN 9780691121307,
In its advisory opinion of July 9, 2004, on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, the International Court of Justice found Israel in breach of several international law obligations by its construction of a separation barrier on West Bank territory. ... The Court flatly rejects the Israeli claims concerning the inapplicability of the Fourth Geneva Convention to the West Bank and concerning the inapplicability of Article 49 to the Jewish settlements in the areas occupied by Israel. Neither of these claims gained serious support from the international community.
- Drew, Catriona (1997), "Self-determination and population transfer", in Bowen, Stephen (ed.), Human rights, self-determination and political change in the occupied Palestinian territories, International studies in human rights, vol. 52, Martinus Nijhoff Publishers, pp. 151–152, ISBN 9789041105028,
It can this clearly be conclused that the transfer of Israeli settlers into the occupied territories violates not only the laws of belligerent occupation but the Palestinian right of self-determination under international law. The question remains, however, whether this is of any practical value. In other words, given the view of the international community that the Israeli settlements are illegal under the law if belligerent occupation ...
- Pertile, Marco (2005), "'Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory': A Missed Opportunity for International Humanitarian Law?", in Conforti, Benedetto; Bravo, Luigi (eds.), The Italian Yearbook of International Law, vol. 14, Martinus Nijhoff Publishers, p. 141, ISBN 9789004150270,
the establishment of the Israeli settlements in the Occupied Palestinian Territory has been considered illegal by the international community and by the majority of legal scholars.
- Roberts, Adam, "Prolonged Military Occupation: The Israeli-Occupied Territories Since 1967", The American Journal of International Law, 84 (1), American Society of International Law: 85–86,
The international community has taken a critical view of both deportations and settlements as being contrary to international law. General Assembly resolutions have condemned the deportations since 1969, and have done so by overwhelming majorities in recent years. Likewise, they have consistently deplored the establishment of settlements, and have done so by overwhelming majorities throughout the period (since the end of 1976) of the rapid expansion in their numbers. The Security Council has also been critical of deportations and settlements; and other bodies have viewed them as an obstacle to peace, and illegal under international law.
- Barak-Erez, Daphne (2006), "Israel: The security barrier—between international law, constitutional law, and domestic judicial review", International Journal of Constitutional Law, 4 (3), Oxford University Press: 548,
The real controversy hovering over all the litigation on the security barrier concerns the fate of the Israeli settlements in the occupied territories. Since 1967, Israel has allowed and even encouraged its citizens to live in the new settlements established in the territories, motivated by religious and national sentiments attached to the history of the Jewish nation in the land of Israel. This policy has also been justified in terms of security interests, taking into consideration the dangerous geographic circumstances of Israel before 1967 (where Israeli areas on the Mediterranean coast were potentially threatened by Jordanian control of the West Bank ridge). The international community, for its part, has viewed this policy as patently illegal, based on the provisions of the Fourth Geneva Convention that prohibit moving populations to or from territories under occupation.
- Quigley, John (1998), "Living in Legal Limbo: Israel's Settlers in Occupied Palestinian Territory", Pace International Law Review, 10 (1): 13,
The international community considers Israel to be in violation of international standards for its settlement construction activity.
- Howlett, Stacy (2001), "Palestinian private property rights in Israel and the Occupied Territories", Vanderbilt Journal of Transnational Law, 34 (1), Vanderbilt University, School of Law: 156,
The international community generally considers Israel's settlement activities to be illegal under the Fourth Geneva Convention.
- The most complete and official survey of international opinion on the settlements would have to be the regular resolutions passed in the UNGA. For example, the 2010 resolution 64/104 "Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan" received 169 votes for, 6 votes against (Israel, Marshall Islands, Micronesia, Nauru, Palau, USA) and 3 abstentions. Similar resolutions have been passed overwhelmingly every year for many years. Zerotalk 10:13, 29 August 2011 (UTC)