“Settling” by Israel constitutes a WARCRIME according to International Law and the ICC statute. Even under US’ own military legislation’ it is forbidden.
Law resources below this article
Thousands of Israeli soldiers and policemen attacked, on Saturday at dawn, the Bab Al-Shams Palestinian village (outpost), installed east of in occupied East Jerusalem, and forcibly removed dozens of activists loading them into buses.
The soldiers dragged several activists into the ground, attacked reporters and journalist and declared the area as a closed military zone, several injuries were reported.
The Israeli decision to evacuate the village came, on Saturday, through a direct order issued by Israeli Prime Minister, Benjamin Netanyahu, and his right-wing fundamentalist cabinet.
Israeli daily, Haaretz, reported that by midnight Saturday, the order was signed by Osnat Mandel, head of the Israeli High Court division of the Justice Ministry, under the claimed that “the people and the tends must be removed due to security considerations”.
The Israeli Police said that the eviction order, issued by the court, prohibits the army from removing the tens, but orders the removal of the people staying there.
Also, the so-called Israeli Civil Administration Office, run by the occupation in the West bank, claimed that the Palestinian tent village “was installed on state land”.
But four Bedouin families living in the area confirmed that they own the land, and even showed deeds proving ownership.
Dr. Mustafa Barghouthi, secretary-general of the Palestinian National Initiative, who was also at the Palestinian village, stated that hundreds of Israeli soldiers invaded the village after surrounding it, and attacked the nonviolent activists camped there, and started kidnapping them.
The soldiers violently attacked the residents, including journalists, elderly and women, and dragged several resident onto the ground.
The soldiers repeatedly interrupted the work of local reporters, flashing their lights onto the camera, and pushing the reporters away, and dragged dozens of activists into buses that were brought by the army to the area.
On Saturday evening, Israeli Prime Minister, Benjamin Netanyahu, ordered the army to remove the Palestinians and their supporters from the Palestinian outpost that was installed on privately-owned Palestinian lands to send a message to Israel and the entire world that this land is the land of Palestine, and the Palestinian people have the right to inhibit it.
The army installed dozens of roadblocks around the area to prevent Palestinian traffic and surrounded the “outpost” where around 200 activists installed around 20 tents declaring the Bab Al-Shams Palestinian village, in the area were Israeli illegally declared it intends to build thousands of homes for Jewish settlers, east of occupied east Jerusalem.
The Israeli decision to build the illegal settlements in the occupied state of Palestine came after the Palestinians managed to obtain an observer state status at the UN – General Assembly.
The Israeli decision was met with international condemnation, but the settler-led government of Benjamin Netanyahu, approved the illegal settlement project.
The so-called E1 settlement project aims at linking the Maale Adumim illegal settlement, where 35000 reside, with occupied East Jerusalem, thus illegally confiscating Palestinian lands and blocking geographical continuity in the occupied West Bank.
This illegal Israeli project would divide the West Bank into two parts, and would completely isolate it from occupied East Jerusalem, an issue that would prevent the establishment of a viable Palestinian state.
Abdullah Abu Rahma, a Palestinian nonviolent activist from the West Bank village on Bil’in, who was also detained when the army attacked and evicted Bab Al-Shams, stated that this village is on private Palestinian land, and that the Palestinians are not invading anybody’s property, as they are establishing a village in the land of Palestine.
“We tied our hands, chained ourselves with each other to prevent the soldiers from removing us”, Abu Rahma said, “The Soldiers violently attacked us, beat us, and injured at least 10”
He added that there will be more nonviolent activities, and that the struggle for Bab Al-Shams, the nonviolent struggle for the liberation of Palestine will continue as the Palestinians are practicing their internationally-guaranteed right.
It is worth mentioning that the Palestine TV was live streaming from Bab Al-Shams, and the army repeatedly tried to interrupt the stream, pushing the reporters, and using large flashlight, pointing them against the camera to disrupt the images.
“States may not deport or transfer parts of their own civilian population into a territory they occupy.”
State practice establishes this rule as a norm of customary international law applicable in international armed conflicts.
International armed conflicts
The prohibition on deporting or transferring parts of a State’s own civilian population into the territory it occupies is set forth in the Fourth Geneva Convention.
It is a grave breach of Additional Protocol I.
Under the Statute of the International Criminal Court, “the transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies” constitutes a war crime in international armed conflicts.
Many military manuals prohibit the deportation or transfer by a party to the conflict of parts of its civilian population into the territory it occupies.
This rule is included in the legislation of numerous States.
Official statements and reported practice also support the prohibition on transferring one’s own civilian population into occupied territory.
Attempts to alter the demographic composition of an occupied territory have been condemned by the UN Security Council.
In 1992, it called for the cessation of attempts to change the ethnic composition of the population, anywhere in the former Yugoslavia.
Similarly, the UN General Assembly and UN Commission on Human Rights have condemned settlement practices.
According to the final report of the UN Special Rapporteur on the Human Rights Dimensions of Population Transfer, including the Implantation of Settlers and Settlements, “the implantation of settlers” is unlawful and engages State responsibility and the criminal responsibility of individuals.
In 1981, the 24th International Conference of the Red Cross reaffirmed that “settlements in occupied territory are incompatible with article 27 and 49 of the Fourth Geneva Convention”.
In the Case of the Major War Criminals in 1946, the International Military Tribunal at Nuremberg found two of the accused guilty of attempting the “Germanization” of occupied territories.
 Fourth Geneva Convention, Article 49, sixth paragraph (cited in Vol. II, Ch. 38, § 334).
 Additional Protocol I, Article 85(4)(a) (adopted by consensus) (ibid., § 335).
 ICC Statute, Article 8(2)(b)(viii) (ibid., § 336).
 See, e.g., the military manuals of Argentina (ibid., §§ 346–347), Australia (ibid., § 348), Canada (ibid., § 349), Croatia (ibid., § 350), Hungary (ibid., § 351), Italy (ibid., § 352), Netherlands (ibid., § 353), New Zealand (ibid., § 354), Spain (ibid., § 355), Sweden (ibid., § 357), Switzerland (ibid., § 357), United Kingdom (ibid., § 358) and United States (ibid., § 359).
 See, e.g., the legislation of Armenia (ibid., § 361), Australia (ibid., §§ 362–363), Azerbaijan (ibid., §§ 364–365), Bangladesh (ibid., § 366), Belarus (ibid., § 367), Belgium (ibid., § 368), Bosnia and Herzegovina (ibid., § 369), Canada (ibid., §§ 371–372), Congo (ibid., § 373), Cook Islands (ibid., § 374), Croatia (ibid., § 375), Cyprus (ibid., § 376), Czech Republic (ibid., § 377), Germany (ibid., § 379), Georgia (ibid., § 380), Ireland (ibid., § 381), Mali (ibid., § 384), Republic of Moldova (ibid., § 385), Netherlands (ibid., § 386), New Zealand (ibid., §§ 387–388), Niger (ibid., § 390), Norway (ibid., § 391), Slovakia (ibid., § 392), Slovenia (ibid., § 393), Spain (ibid., § 394), Tajikistan (ibid., § 395), United Kingdom (ibid., §§ 397–398), Yugoslavia (ibid., § 399) and Zimbabwe (ibid., § 400); see also the draft legislation of Argentina (ibid., § 360), Burundi (ibid., § 370), Jordan (ibid., § 382), Lebanon (ibid., § 383) and Trinidad and Tobago (ibid., § 396).
 See, e.g., the statements of Kuwait (ibid., § 405) and United States (ibid., §§ 406–407) and the reported practice of Egypt (ibid., § 402) and France (ibid., § 403).
 See, e.g., UN Security Council, Res. 446 , 452 and 476 (ibid., § 408), Res. 465 (ibid., § 409) and Res. 677 (ibid., § 410).
 UN Security Council, Res. 752 (ibid., § 411).
 See, e.g., UN General Assembly, Res. 36/147 C, 37/88 C, 38/79 D, 39/95 D and 40/161 D (ibid., § 412) and Res. 54/78 (ibid., § 405); UN Commission on Human Rights, Res. 2001/7 (ibid., § 413).
 UN Sub-Commission on Human Rights, Final report of the Special Rapporteur on the Human Rights Dimensions of Population Transfer, including the Implantation of Settlers and Settlements (ibid., § 415).
 24th International Conference of the Red Cross, Res. III (ibid., § 419).
 International Military Tribunal at Nuremberg, Case of the Major War Criminals, Judgement (ibid., § 421).