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1979 State Dept Ruling: Israel Settlements “Inconsistent with International Law”

HeadlineJun 17, 2009

Meanwhile, new attention is being paid to a State Department opinion issued during Jimmy Carter’s administration regarding Israeli settlements. In 1979, a State Department legal adviser issued an opinion that stated the establishment of Israeli settlements in occupied Palestinian territories is “inconsistent with international law.” The opinion cited Article 49 of the Fourth Geneva Convention, which states that an occupying power “shall not deport or transfer parts of its own civilian population into the territory it occupies.” The legal opinion has never been revoked or revised. On Tuesday, Israel’s newly appointed ambassador to Washington, Michael Oren, claimed that Israel does not have the ability to halt all settlement building.

Michael Oren: “This is a country of law, and citizens of the state of Israel have rights under that law. And if a person has purchased a house, if a person has taken out a contract for building a house, if a corporation is involved in a construction activity, the Israeli government does not have the right under Israeli law to stop them. And if it tries to, they will appeal to the (Israeli) supreme court, and my guess is, the supreme court will view in favor of those appellants.”

The future of the Israeli settlements is expected to be discussed at today’s meeting in Washington between Secretary of State Hillary Rodham Clinton and Israeli Foreign Minister Avigdor Lieberman. Lieberman lives in the West Bank settlement of Nokdim.

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