The Geneva Convention

It is widely accepted that under international law, the Jewish settlements in the Palestinian territories occupied by Israel are illegal.

Article 49 of the Fourth Geneva Convention relative to the protection of civilian persons in time of war states:

"The occupying power shall not deport or transfer parts of its own population into the territories it occupies."

Within the international community the overwhelming view is that Article 49 is applicable to the occupation of East Jerusalem, the West Bank and the Gaza Strip.

The United States has in the past called the settlements illegal, but has more recently used milder language, at least in public.

However, the Mitchell report into the causes of Palestinian-Israeli violence that began in September 2000 said:

"...customary international law, including the Fourth Geneva Convention, prohibits Israel (as an occupying power) from establishing settlements in occupied territory pending an end to the conflict."

Israel argues that the international conventions relating to occupied land do not apply to the Palestinian territories because they were not under the legitimate sovereignty of any state in the first place.