Should Israel Allow Settlements in the West Bank?

“Our basic conclusion is that from the point of view of international law, the classical laws of ‘occupation’ as set out in the relevant international conventions cannot be considered applicable to the unique and sui generis [of its own kind] historic and legal circumstances of Israel’s presence in Judea and Samaria spanning over decades.

In addition, the provisions of the 1949 Fourth Geneva Convention, regarding transfer of populations, cannot be considered applicable and were never intended to apply to the type of settlement activity carried out by Israel in Judea and Samaria.

Therefore and according to International law, Israelis have the lawful right to settle in Judea and Samaria, and consequently, and the establishment of settlements cannot in and of itself be considered to be illegal.”

June 21, 2012 - Levy Commission Report on the Legal Status of Building in Judea and Samaria

“I do not understand this obsession against the settlements… If you are serious and you want this area to last forever as part of Israel, one way or another, you have to build, you have to add thousands of families, you have to assure it… We are rooted here now… Let’s say tomorrow we have to divide the territories, God forbid. Nobody is going anywhere. Nobody is going to move us — 380,000 people into little Israel? Where would you put us?”

“Here in brief is the case for Jewish settlements in the West Bank:

– It is in Israel’s acute national interest to prevent the West Bank from serving as a terrorist base, from which rockets, mortars and possibly weapons of mass destruction would be launched at Israel… The only way effectively to prevent the conversion of the West Bank into a Hamastan terror base is by maintaining a significant Jewish population there… Since most of the settlers are actually living in Jerusalem suburbs, their presence there also prevents any capitulations by Israel to pressures regarding relinquishing Jerusalem.

– While there are other moral and historic arguments why Israel and Jews have the right to live in the West Bank, the only REAL purpose of ‘settlements’ is to prevent the emergence of any ‘Palestinian state.’ No other rationalization or justification is needed.”

“Evidence on the ground… seems to suggest that freezing settlement activity only fuels radicalism and terrorism, encourages delegitimizing Israel, deprives Palestinians of decent livelihoods and works significantly against achieving the long-sought peace…

The question about the legitimacy or legality of the settlements by itself is puzzling: historically, Judea and Samaria are legitimate parts of Israel… The Balfour Declaration by which the British government confirmed that it favoured ‘the establishment in Palestine of a national home for the Jewish people… and will use its best endeavours to facilitate the achievement of this object,’ was incorporated into the Sevres peace treaty with Turkey and the British Mandate for Palestine, which was legally commissioned to Great Britain by the League of Nations, the equivalent of today’s United Nations, thus making Israel’s control of the entire British Mandate for Palestine — including Judea and Samaria — an internationally legitimate right… It would seem clear, therefore, that the only control over Judea and Samaria that has a foundation in international law is Israel’s; thus, Israelis building settlements there would be no different than Americans building housing projects in Massachusetts or Texas.

Further, it is worthwhile to look at what the settlements mean for the Palestinians suffering high unemployment rates in the Palestinian territories: thousands of them work in Israeli settlements… Nevertheless, in 2010, the Palestinian Authority banned its citizens from working in Israeli settlements under the threat of prosecution – an act that has angered the Palestinian public. They have a good reason to be angry: the Palestinian Authority fails to create enough jobs for them while the Israeli settlers offer them wages amounting to double the money they could make working in their hometowns… Freezing settlement activity therefore will only mean fewer jobs for the Palestinians, who will suffer with their families.”

“Our communities stand on solid moral ground. Built on vacant land, no settlement stands on the ruins of any Arab village. Naturally, there are civil disputes over land ownership. Some are real, others mere provocations. All should be resolved by courts of law… In Judea and Samaria there is ample room for many Jews, many Palestinians and peaceful coexistence.

Our communities stand on solid moral ground because the right of Jews to live in Shiloh, Hebron or Beth El is inalienable. These sites are the cradles of Jewish civilisation, the birthplace of Hebraic culture. Negating the right of Jews to live in these historic parts of the Jewish homeland would be morally wrong.

Our communities stand on solid moral ground, because they are not – and never were – an impediment to peace… settlements aren’t the problem – but rather an integral part of any future solution.”

“Judea and Samaria are the ancient homeland of the Jewish people, who have been the sole people to maintain a continuous presence there for the past 3000 years. The only period in which Jews did not live in Judea and Samaria was when they were barred from doing so during Jordan’s illegal occupation from 1948 to 1967…

The response to those who seek to limit Jews from living in their ancient homeland is to keep on building, settling, and growing. In 1967, there were no Jews living in Judea and Samaria. In 1995, there were 150,000, today there are over 350,000 and G-d willing, soon there will be half a million Jews living in Judea and Samaria. To those who scream out ‘occupation,’ Israel’s leaders must repeat the famous words of Simon the Maccabbee to the Greek King Antiochus: ‘We have neither taken foreign land nor seized foreign property, but only the inheritance of our fathers, which at one time had been unjustly taken by our enemies. Now that we have the opportunity, we are firmly holding the inheritance of our fathers.’ Jewish rights to Judea and Samaria can no longer be trampled upon.”