By Moshe Dan
Despite all the legally binding treaties, covenants, and agreements that established the Palestine Mandate in 1922 and empowered its British administration to ensure that this area would become “the Jewish National Home,” it’s strange that Jewish communities in Judea and Samaria (the West Bank) are condemned as “illegitimate,” “illegal,” and “violations of international law.” How did this happen?
Bashing “the settlements” is commonly used to delegitimize Israel, negate the right of Jews to live in their homeland, and promote a second Arab Palestinian state. But are these charges valid? In order to answer this question one must refer to the law, the Fourth Geneva Convention (GC IV), specifically Article 49.
Does GC IV apply to Israel? Do settlements violate GC IV? Is Israel occupying another country? Did Israel compel a transfer of populations, considered illegal under GC IV? Who has sovereignty? These questions have occupied generations of legal experts and politicians, filled library shelves, and generated much confusion.
Simplified, here are some facts.