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Published online by Cambridge University Press: 21 April 2022
The issue of Israeli settlements in the West Bank is controversial in the international community as well as within Israel society. The case for their illegality is based on the language of Article 49 of the IVth Geneva Convention. The contrary argument is that the population has not been transferred into the territory of an enemy State as set out in Article 49. It is debatable whether such settlements are illegal under international law, it is, however, clear that continued settlement activity is making it harder to achieve agreement on a separate independent Palestinian State or entity in the West Bank. Presumably the issue of Israeli settlements will only be resolved if Israel and the Arab Palestinians in the West Bank can agree on a boundary between them.If such a boundary is fixed, any Israeli settlement on the Palestinian side can only continue to exist with the agreement of the Palestinians. The issue is one of boundaries between Israel and a future Palestinian entity or State. It is not an Apartheid system of a minority controlling a majority but a border dispute that, hopefully, will be negotiated peacefully in the future.
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