Since 1967, Israel has established 135 settlements in the West Bank (including East Jerusalem) that have been recognized by the Interior Ministry. Sixteen settlements were established in the Gaza Strip; these were dismantled in 2005 during the implementation of the "disengagement plan." In addition, dozens of outposts of varying size have been established. Some of these outposts are settlements for all intents and purposes, but the Interior Ministry has not recognized them as such.

From 1967 to the end of 2007, Israel established 120 settlements in the West Bank that were recognized by the Interior Ministry as “communities”, even though some of them contain stretches of land on which the built-up area is not contiguous. 12 other settlements are located on land annexed by Israel in 1967 and made part of Jerusalem. There are an additional 100 or so unrecognized settlements, referred to in the media as “outposts.” The 16 settlements built in the Gaza Strip and three settlements in the northern West Bank were dismantled in 2005 during implementation of the "disengagement plan."

As part of the regime, Israel has stolen thousands of dunams of land from the Palestinians. On this land, Israel has established dozens of settlements in which hundreds of thousands of Israeli civilians now live. Israel forbids Palestinians to enter and use these lands and uses the settlements to justify numerous violations of Palestinian rights, such as the right to housing, to earn a living, and freedom of movement. The sharp changes Israel made to the map of the West Bank make a viable Palestinian state impossible as part of the right of the Palestinian people to self-determination.

The settlers, on the other hand, benefit from all rights given to citizens of Israel who live inside the Green Line, and in some instances, even additional rights. The great effort Israel has expended in the settlement enterprise – financially, legally, and bureaucratically – has turned the settlements into civilian enclaves within an area under military rule and has given the settlers a preferred status. To perpetuate this unlawful situation, Israel has continuously violated the Palestinians’ human rights.

Especially conspicuous is Israel’s manipulative use of the law to create a semblance of legality for the settlement enterprise. So long as Jordanian law assisted Israel in advancing its goals, it seized the argument that international law requires that an occupying state apply the law in effect in the territory prior to occupation, thus construing international law in a cynical and tendentious way. When Jordanian law was unfavorable for Israel, Israel did not hesitate to revoke it though military legislation and develop new rules to meet its ends. In doing so, Israel tramples on international agreements to which it is party – agreements which are intended to reduce human rights violations and protect people under occupation.

Because the very establishment of the settlements is illegal, and in light of the human rights violations resulting from the existence of the settlements, B’Tselem demands that Israel evacuate the settlements. The action must be done in a way that respects the settlers’ human rights, including the payment of compensation.

Clearly, evacuation of the settlements will be complex and will take time; however there are intermediate steps that can be taken immediately so as to reduce, to the extent possible, human rights violations and breaches of international law. For example, the government should cease new construction in the settlements – both the building of new settlements and the expansion of existing settlements. It must also freeze the planning and building of new bypass roads and must cease expropriating and seizing land intended for the bypass roads. The government must return to Palestinian villages all the non-built-up land that was placed within the municipal jurisdiction of the settlements and the regional councils, eliminate the planning boards in the settlements, and, as a result thereof, revoke the power of the local authorities to draw up outline plans and grant building permits. Also, the government must cease the granting of incentives to encourage Israeli citizens to move to settlements and must make resources available to encourage settlers to move inside Israel’s borders.