The years of discussion about the question of the legal status of the settlements already indicates that it is not easy to come up with a distinct answer. For this reason, this paper does not aim to provide a definitive determination of the legal status of the Israeli settlements/communities in West Bank/Judea and Samaria (= Occupied Palestinian Territory = OPT). Rather, the goal to examine the legal arguments put forward by the various parties to the conflict and other actors in this debate and to explain why it is so difficult to come to a clear answer.
The first step will be a brief overview of the Israeli settlements/communities in general. Here I focus primarily on the critical aspects of the Israeli settlements/communities in order to make clear why they are so controversial. Then the arguments supporting illegality are presented. A distinction must be made here between the arguments based on the International Humanitarian Law and the arguments based on the International Human Rights Law. To continue with the other side, the arguments for the legality of settlements will be considered, in order to finally draw some conclusions in relation to the question.
Inhaltsverzeichnis (Table of Contents)
- INTRODUCTION
- ISRAELI SETTLEMENTS/COMMUNITIES IN THE OPT
- ILLEGALITY ARGUMENTS
- INTERNATIONAL HUMANITARIAN LAW
- INTERNATIONAL HUMAN RIGHTS LAW
- LEGALITY ARGUMENTS
- NON-APPLICABILITY OF THE FORTH GENEVA CONVENTION AND THE HAGUE LAND WARFARE REGULATIONS
- THE GROWTH OF THE ISRAELI SETTLEMENTS/COMMUNITIES IS WITHIN THE LEGAL SCOPE OF THE OSLO ACCORDS
- THE OTTOMAN LAND LAW
- ORDER REGARDING ABANDONED PROPERTY
- CONCLUSION
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper examines the legal arguments for and against the legality of Israeli settlements/communities in the OPT, aiming to understand the complexity of this issue and why a clear answer is elusive. It explores the legal framework surrounding the situation, considering arguments from international law and the perspectives of various actors involved in the conflict.
- The legal status of Israeli settlements/communities in the OPT under international law
- The impact of the Oslo Accords on the legal status of settlements
- The applicability of the Fourth Geneva Convention and Hague Land Warfare Regulations
- The role of international actors and their responses to the settlements
- The potential impact of a definitive answer to the legality question on the Israeli-Palestinian conflict
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter sets the stage by highlighting the controversial nature of the question of Israeli settlements/communities in the OPT and outlining the potential implications of a definitive answer. The chapter also emphasizes the paper's objective, which is not to provide a definitive answer, but rather to examine the arguments presented by various parties and explain the complexity of the issue.
- Israeli Settlements/Communities in the OPT: This chapter provides a brief overview of Israeli settlements/communities, focusing on their critical aspects and the reasons behind their controversial nature. The chapter explores the historical context, the physical extent of settlements, and the ongoing expansion.
- Illegality Arguments: This chapter presents arguments against the legality of Israeli settlements/communities, dividing them into arguments based on International Humanitarian Law (IHL) and International Human Rights Law (IHRL). The chapter examines the legal principles and interpretations that underpin these arguments.
Schlüsselwörter (Keywords)
This paper examines the key legal arguments regarding the legality of Israeli settlements/communities in the OPT, delving into relevant international law frameworks, including the Fourth Geneva Convention, International Humanitarian Law (IHL), and International Human Rights Law (IHRL). The paper explores the impact of the Oslo Accords, the historical context of the settlements, and the ongoing expansion of these settlements in the Occupied Palestinian Territory (OPT). The discussion focuses on the complexity of the issue and its potential implications for the Israeli-Palestinian conflict.
- Quote paper
- Anonym (Author), 2021, What are the Main Legal Arguments for and against the Legality of Israeli Settlements and Communities in the Westbank/Judaea and Samaria?, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/1362679
