Land Expropriation and Settlements in the International Law

Published: 
9 May 2010

The establishment of settlements in the West Bank violates international humanitarian law which establishes principles that apply during war and occupation. Moreover, the settlements lead to the infringement of international human rights law.

The Fourth Geneva Convention prohibits an occupying power from transferring citizens from its own territory to the occupied territory (Article 49). The Hague Regulations prohibit an occupying power from undertaking permanent changes in the occupied area unless these are due to military needs in the narrow sense of the term, or unless they are undertaken for the benefit of the local population.

The establishment of settlements results in the violation of the rights of Palestinians as enshrined in international human rights law. Among other violations, the settlements infringe the right to self-determination, equality, property, an adequate standard of living, and freedom of movement.

The illegality of the settlements under international humanitarian law does not affect the status of the settlers. The settlers constitute a civilian population by any standard, and include children, who are entitled to special protection. Although some of the settlers are part of the security forces, this fact has absolutely no bearing on the status of the other residents of the settlements.