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UNSC Resolution 452:’Calls upon the Government and people of Israel to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab occupied Territory since 1967, including Jerusalem.’
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UN Resolution 446 calls on Israel to rescind its previous measures and to desist from taking any action which would result in changing the legal status and geographical nature and materially affecting the demographic composition of the Arab territories occupied since 1967, including Jerusalem and, in particular, not to transfer parts of its own civilian population into the occupied Arab territories’ .
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Article 49 of the Fourth Geneva Convention of 1949:’the occupying power shall not deport or transfer parts of its own population into the Territory it occupies.’
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The Forth Geneva Convention in Article 174 also prohibits the ‘extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly.’
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Article XXXI, Oslo II, 1995: ‘Neither side shall take any step that will change the status of the West Bank and the Gaza Strip.
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The Roadmap signed on April 30, 2003, between Israel and the Palestinians (originally developed by the United States, in cooperation with Russia, the European Union, and the United Nations (the Quartet)) under which the Israeli Government agreed to freeze all settlement.
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In May 2001, the head of the International Red Cross delegation to Israel and the Occupied Territories said that settlements are ‘equal in principle to war crimes’. (Note: ‘The transfer, the installation of population of the occupying power into the occupied territories is considered as an illegal move and qualified as a ‘grave breach.’ It’s a grave breach, formally speaking, but grave breaches are equal in principle to war crimes’, Rene Kosirnik, head of the ICRC delegation to Israel and the OPT, press conference 17 May 2001.)
The Applied Research Institute – Jerusalem
(ARIJ)