On June 5, 2014, the Israeli Ministry of Housing and Construction announced tenders for building new 1471 housing units in a number of illegal settlements in the West Bank including the eastern part of the city of Jerusalem. The new approved housing units are distributed as follows: (223 units in Efrat settlement in Bethlehem Governorate; 484 units in Beitar ‘Illit settlement in Bethlehem Governorate; 38 units in Giv’at Benjamin (Adam) settlement in Jerusalem Governorate; 76 units in Ariel settlement in Salfit Governorate; 78 units in Alfe Minishe settlement in Qalqilyia Governorate; 155 units in Giv’at Ze’ev settlement in Jerusalem Governorate, 55 of which will be built in Agan Ha’alyout neighborhood ; and 400 units in Ramat Shlomo settlement in Jerusalem Governorate. See Map 1
Furthermore, and on the same day (June 5, 2014), the Israeli Prime Minister decided to promote new building plans in a number of Israeli settlements in the occupied West Bank; the plans include, 550 units in Bruchin settlement in Salfit Governorate; 381 units in Giv’at Ze’ev settlement and 38 units in Kockav Yakov settlement in Jerusalem Governorate; 40 units in El-Mattan outpost near Ma’ale Shomron settlement, 25 units in Alfe Minishe settlement, 54 units in Tzofim settlement and 10 units in Oranit settlement which are all located in Qalqilyia Governorate; in addition, the plans include 683 housing units in the settlement of Eli Zahav in Salfit Governorate; the aforementioned declaration from the Israeli Prime minister is considered as the last stage before marketing the housing units.
As a matter of fact, the timing of the new construction plans came in a critical situation where the peace process reached a dead end while the Israeli government is about to consider unilateral actions in the West Bank which, if adopted, the two- state solution will go unheeded.
I congratulate the decision to give a proper Zionist response to the establishment of the Palestinian terror cabinet," Minister Ariel said. "The right and duty of the State of Israel to build across the country to lower the housing prices is unquestionable, and I believe these tenders are just the beginning. Uri Ariel, Israeli Minister of Housing and Construction- June 5, 2014.
However the Israeli government considers that the new plans as a part of several Israeli procedures to castigate the State of Palestine for forming the unity government.
Legal & International Status
The Israeli escalated plans to build thousands of housing units and expand the illegal settlements in the West Bank and East Jerusalem constitute a grave breach for the International law rules and conventions:-
- Moreover, articles 53 & 147 of the Fourth Geneva Convention of 1949 indicated that: Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly. is a grave breach of the Convention.
- Article XXXI of the 1995 Oslo agreement Israelis forbidden from building or planning to any project or settlements or any colonial expansion or any plan that lead to change the status of the West Bank and Gaza Strip. The article provides “Neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations”.
The existence of the Israeli settlements and outposts in the West Bank and their expansions are Illegal and contradicts with the international law rules, United Nations Security Council Resolutions such as 237 (1967), 271 (1969), 446 (1979), 452 (1979) ,465 (1980.
- Resolution 446 March 22, 1979 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"
- Also the resolution 452 of the 1979 “calls upon the Government and people of Israel to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem.”
- Furthermore the Forth Geneva Convention also states in Article 49 that “The occupying power shall not deport or transfer parts of its own population into the territories it occupies.” and Article 174 of the same convention “prohibits the 'extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly.”
- 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).
Prepared by:
The Applied Research Institute – Jerusalem