CMEP Bulletin: New Report Denies Occupation
Churches for Middle East Peace weekly news update
Israeli Report Rejects Outpost Illegality
On Monday a panel commissioned by Israeli Prime Minister Benjamin Netanyahu released its final report on the status of settlements in the West Bank. The group decided that Israel’s presence in the West Bank does not constitute an “occupation” and therefore settlement activity does not violate international law. The results are only recommendations at this stage, but nevertheless, they received harsh criticism from Israeli peace groups and much of the international community.
The committee, headed by former Supreme Court Justice Edmund Levy, concluded that the “classical laws of ‘occupation’ as set out in the relevant international conventions cannot be considered applicable” given the unique circumstance of Israel’s presence in the West Bank. Additionally, it found “the provisions of the 1949 Fourth Geneva Convention, regarding the transfer of populations, cannot be considered applicable and were never intended to apply to the type of settlement activity” that is carried out in the West Bank. This means, “the establishment of settlements cannot, in and of itself, be considered illegal.”
There are several recommendations in the report based on these conclusions. Levy and his colleagues believe that since the government provided encouragement and tacit approval for outposts, they should be legalized. In cases where settlers built outposts on private Palestinian land, the report suggests that Israel should create a separate judicial tribunal to investigate claims to the land. This could make the process harder for Palestinians to pursue claims by establishing a “fixed time period” for the owner to take legal action.
The committee convened in January this year after settlers in Netanyahu’s coalition pressured him to resolve the illegal outpost issue that has plagued Israel for years. In 2005, Talia Sasson issued a report at the behest of then Prime Minister Ariel Sharon that revealedthe Israeli government funded the building of settlements and outposts in the West Bank that were illegal under Israeli law. While the government voted to accept the report’s recommendations, there was no set timetable for evacuations and construction continued at a faster rate, often at odds with Israeli courts. The most recent example of this tension was the court ordered evacuation of Ulpana a few weeks ago, in which Prime Minister Benjamin Netanyahu followed the court ruling, but vowed to physically relocate the settlers’ homes and build 850 new ones to compensate.
It is important to remember that the Levy Report’s conclusions are mere suggestions for the Netanyahu government. Israeli Attorney General Yehuda Weinstein must examine the findings and approve them before Netanyahu and his cabinet can entertain the idea of legalizing all settlements.
Click here to continue reading this CMEP Bulletin, including the following items:
- Levy Report fallout
- Churches discuss divestment, investment, and boycotts
- Additional reading