“Settling” constitutes a warcime according to international law and ICC statute. Even under US’ own military legislations’
Law resources below this article
EU plans to restrict funding of Israeli bodies connected to East Jerusalem, the West Bank, and Golan Heights. The state of Israel refuses to sign any future agreements acknowledging that Israel lacks sovereignty of regions beyond the ’67 borders.
The new EU guidelines restrict funding and financial investment, including grants, stipends, scholarships, and prizes to Israeli bodies with direct or indirect connection to the continued occupation of Palestinian territories. The guidelines also require any agreement signed between the EU and Israel to contain a clause stating that settlements in East Jerusalem, the West Bank, and Golan Heights are not considered a part of the State of Israel. The restrictions will take effect on January,1 2014.
Haaretz reported that a diplomatic source present at the Thursday meeting in Tel Aviv stated that Israel would not be able to sign agreements with the EU, and that they “will request additional clarifications from the EU in order to better understand the significance of the guidelines.”
Israel’s Wednesday meeting with EU representatives will go on as planned. Israel hopes to make clear at the start and end of the meeting that it will sign the present accord on the condition that the EU change the wording of the guidelines, specifically that regarding settlements.
Following the 1967 Six-Day War Israel defines East Jerusalem and most of the Golan Heights as falling within its sovereign borders. Although the West Bank is Palestinian territory more than 60 percent of the area is controlled by Israel.
In 2010 peace negotiations between Israel and Palestine fell apart due to Israel’s continued expansion of settlements. Israel’s present day expansion of settlement and denial of ’67 borders continue to indicate to many that Israel is not serious about the current peace negotiations.
More in Media
- Aug 12, 2013 | Israel launches campaign to convince EU to rethink settlement boycott – Middle East Monitor
- July 28, 2013 | From now on EU aid workers to Palestine are ‘just tourists – Read More
- July 19, 2013 | Europeans will not exert real pressure on Israel – Video
Related in Media
- The Netherlands block EU Report about Settler Violence. @TheRightsForum publishes it.
- Dec 4, 2012 | GROUNDBREAKING REPORT | How Europe helps sustain illegal Israeli settlements – The Rights Forum
- June 2, 2012 | Israel’s Facade at the European Expo Floriade – At this Blog
- Aug 13, 2013 | EU: Israel settlement approval illegal – PressTV
- Aug 13, 2013 | Spitting EU, UN, Russia etc etc in the face… Israel Approves (additional) 890 Units In Gilo Settlement – Al Ray
- Aug 13, 2013 |New Peace Talks, New Settlement Provocations — A Timeline – Americans for Peace (Continuously updated)
- Aug 14, 2013 | Israel may shun key EU program over settlement spat – Maan
- Aug 14, 2013 | Israeli officials protest new settlement guidelines at first meeting with EU – Haaretz
- All posts related to Europe – Israel – Palestine on this blog
“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).