Fact Check: Israel illegally builds settlwments

Claim Analysis: "Israel illegally builds settlements"

Introduction

The claim that "Israel illegally builds settlements" refers to the ongoing construction of Israeli settlements in the West Bank and other territories occupied since the 1967 Six-Day War. This issue is highly contentious and is viewed differently by various stakeholders, including the Israeli government, Palestinian authorities, and international bodies. The legality of these settlements is often debated in the context of international law, particularly regarding the Fourth Geneva Convention.

What We Know

1. International Law Perspective: Many international legal experts and organizations, including the United Nations, assert that Israeli settlements in the occupied territories violate Article 49 of the Fourth Geneva Convention, which prohibits an occupying power from transferring its civilian population into the territory it occupies 37. The International Court of Justice has also stated that these settlements are illegal under international law.

2. Israeli Legal Framework: Israel has enacted laws that regulate settlement construction, such as the Law for the Regulation of Settlement in Judea and Samaria, which was ruled unconstitutional by the Israeli Supreme Court in 2020 for legalizing unauthorized settlements built on privately owned Palestinian land 21. However, the Israeli government continues to support and expand settlements, with over 600,000 Israelis living in approximately 140 settlements 7.

3. U.S. Policy Shifts: U.S. policy on Israeli settlements has fluctuated over the years. The Biden administration has recently reaffirmed that settlements are inconsistent with international law, reversing a previous stance that deemed them legal 9. This inconsistency in U.S. policy reflects broader geopolitical dynamics and influences the international community's response to Israeli settlement activity.

4. Settlement Statistics: Reports indicate that settlement construction has continued under various Israeli governments for decades, with a record number of settlements approved in 2023 alone 10. Amnesty International has highlighted significant disparities in land allocation between Israeli settlements and Palestinian communities, noting that 70% of land in Area C is allocated to settlements 8.

Analysis

The claim that Israel illegally builds settlements is supported by a substantial body of international legal opinion, which views these actions as violations of international law. However, the Israeli government argues that its settlements are legal under its domestic law, and it often cites historical and security reasons for their establishment.

Source Evaluation

• Legal Sources: The legal documents and analyses from the U.S. Library of Congress 12 provide a formal perspective on Israeli law and its implications for settlements. However, these sources may not fully capture the broader international legal consensus.
• Wikipedia Articles: The Wikipedia entries 346 offer a general overview but should be approached with caution due to potential bias and the need for citation verification. They are useful for context but should not be the sole reference for legal claims.
• News Outlets: Articles from reputable news organizations like the BBC 7 and The New York Times 5 provide current reporting on the situation but may reflect the editorial biases of their respective outlets. The Times of Israel 10 presents a perspective that may align more closely with Israeli governmental views, necessitating careful consideration of its framing.
• Human Rights Organizations: Reports from organizations like Amnesty International 8 are valuable for highlighting human rights implications but may also carry an inherent bias against Israeli policies.

Methodological Concerns

The methodologies used in various reports can vary significantly. For instance, settlement statistics may be derived from government sources, which could underreport or misrepresent the extent of settlement activity. Independent verification of such data is crucial for a comprehensive understanding of the situation.

Conclusion

Verdict: Partially True

The claim that "Israel illegally builds settlements" is partially true, as it is supported by a significant body of international legal opinion asserting that these settlements violate international law. However, the Israeli government maintains that its settlements are legal under domestic law and often cites historical and security justifications for their existence. This divergence in perspectives contributes to the complexity of the issue.

It is important to note that while international bodies and legal experts largely view the settlements as illegal, the Israeli legal framework and government policies present a counter-narrative that complicates the assertion of illegality. Additionally, the fluctuating nature of U.S. policy regarding settlements adds another layer of nuance to the discussion.

Limitations in the available evidence include potential biases in sources, varying methodologies in reporting, and the need for independent verification of settlement statistics. As such, readers are encouraged to critically evaluate information and consider multiple perspectives when forming their own conclusions about this contentious issue.

Sources

1. Israel: Law for the Regulation of Settlement in Judea and Samaria, 5777 ... (https://maint.loc.gov/law/help/israel-settlement/judea-and-samaria.php)
2. Israel: Supreme Court Voids Law Legalizing Settlements Built on ... (https://www.loc.gov/item/global-legal-monitor/2020-07-14/israel-supreme-court-voids-law-legalizing-settlements-built-on-unauthorized-and-privately-owned-land-in-west-bank/)
3. Legality of Israeli settlements - Wikipedia (https://en.wikipedia.org/wiki/Legality_of_Israeli_settlements)
4. Legality of Israeli settlements - Wikipedia (https://en.wikipedia.org/wiki/Legality_of_Israeli_settlements#:~:text=At%20present%2C%20based%20on%20the,a%20violation%20of%20international%20law.)
5. Israel's Plan to Legalize 5 West Bank Settlements: What to Know - The New York Times (https://www.nytimes.com/2024/06/29/world/middleeast/israel-west-bank-settlements-palestinian.html)
6. Israeli settlement - Wikipedia (https://en.wikipedia.org/wiki/Israeli_settlement)
7. US says Israeli settlements are no longer illegal - BBC (https://www.bbc.com/news/world-middle-east-50468025)
8. Chapter 3: Israeli Settlements and International Law - Amnesty International (https://www.amnesty.org/en/latest/campaigns/2019/01/chapter-3-israeli-settlements-and-international-law/)
9. US revives policy deeming settlements illegal, pans Israel's plan for ... (https://www.timesofisrael.com/us-pans-israeli-w-bank-construction-plans-revives-policy-deeming-settlements-illegal/)
10. 2023 sets record for settlement construction and ... - The Times of Israel (https://www.timesofisrael.com/2023-sets-record-for-settlement-construction-and-outpost-legalization-watchdog/)