Old Legal Opinion Raises New Questions
1979 State Dept. Document Found Israeli Settlements 'Inconsistent' With the Law
By Glenn Kessler
Washington Post Staff Writer
Wednesday, June 17, 2009
Thirty years ago, the State Department legal adviser issued an opinion in response to an inquiry from Congress: 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." Israel has insisted that the Geneva Convention does not apply to settlers and broadly contests assertions of the settlements' illegality.
Despite the passage of time, the legal opinion, issued during the Carter administration, has never been revoked or revised. President Ronald Reagan said he disagreed with it -- he called the settlements "not illegal" -- but his State Department did not seek to issue a new opinion.
But Secretary of State Hillary Rodham Clinton is unlikely to bring up the U.S. opinion when she meets today with Israeli Foreign Minister Avigdor Lieberman at the State Department. Lieberman lives in a West Bank settlement, Nokdim, that was established in 1982 as a tent encampment of six families and now has more than 800 residents.
(More here.)
By Glenn Kessler
Washington Post Staff Writer
Wednesday, June 17, 2009
Thirty years ago, the State Department legal adviser issued an opinion in response to an inquiry from Congress: 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." Israel has insisted that the Geneva Convention does not apply to settlers and broadly contests assertions of the settlements' illegality.
Despite the passage of time, the legal opinion, issued during the Carter administration, has never been revoked or revised. President Ronald Reagan said he disagreed with it -- he called the settlements "not illegal" -- but his State Department did not seek to issue a new opinion.
But Secretary of State Hillary Rodham Clinton is unlikely to bring up the U.S. opinion when she meets today with Israeli Foreign Minister Avigdor Lieberman at the State Department. Lieberman lives in a West Bank settlement, Nokdim, that was established in 1982 as a tent encampment of six families and now has more than 800 residents.
(More here.)
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