US complicity in Israel’s violations of international law

Because I knew that other speakers, experts, and diplomats would address the illegality of Israeli settlements, the economic and human rights impact on the Palestinian people, and the stated design of the entire settlement enterprise to eliminate the possibility of a viable and contiguous Palestinian state, I focused my remarks on my government's role in enabling Israel's settlements and its complicity in Israel's violations of international law.

This may seem like harsh language, but when nothing is done to stop an activity that violates international law, contributes to human rights abuses, and presents a clear danger to peace, then I don't know any other way to describe American actions.

During the past 50 years, there has been a steady erosion in US policy toward Israeli behaviour in Palestinian lands. Successive American administrations' attitudes toward Israeli settlements have gone from passive acquiescence to outright acceptance.

Even when some presidents expressed opposition to Israeli settlements, they took no concrete action to stop them. The net result has been that the settlement population in the occupied territories grew from 50,000 during the Carter administration to 620,000 Israeli settlers today. The growth of settlements and settlers has been as steady as the erosion of the official US policy on this critical question.

Successive American administrations' attitudes toward Israeli settlements have gone from passive acquiescence to outright acceptance

In 1976, the Ford administration was firm in its support of the applicability of the Fourth Geneva Conventions, which governs the behaviour of an occupying power, to Palestine. President Jimmy Carter was equally firm on this matter. He even sought a formal legal opinion from the State Department legal advisor who determined that settlements were, in fact, a violation of the Fourth Geneva Convention.

US adherence international law regarding settlements ended with President Ronald Reagan. He was neither a student of law nor policy, and when tackling complex matters in interviews, sometimes made awkward pronouncements based on his vague recollection of policy talking points.

One particularly sloppy example occurred during his first week in office. When asked about Israel's planned expansion of settlements, he said "As to the West Bank, I believe the settlements there… they're not illegal. Not under the UN resolution that leaves the West Bank open to all people - Arab and Israeli alike." Though sloppy, this statement became US policy. During the rest of his time in office, Reagan meandered between contradicting Carter's position on the illegality of settlements and saying that settlements were eroding "Arab confidence in Israel's willingness to enter into a peace agreement."

In the end, Reagan had done real damage to US policy. After him, no US president referred to settlements as illegal
Reagan's successor, George H.W. Bush was firmly opposed to Israeli settlements, even withholding, as a penalty, congressionally-approved loan guarantees from Israel. Still, Bush never called settlements illegal, instead terming them "obstacles to peace".

The growth of settlements and settlers has been as steady as the erosion of the official US policy on this critical question

President Clinton, who inherited the Oslo Accords, continued a similar approach to settlements. He never claimed settlements were illegal and instead argued that continued construction was in violation of the "Oslo process," which prohibited the parties from undertaking "unilateral actions" that could predetermine final negotiations.

While expressing concern with settlement expansion, the George W. Bush administration often took positions which enabled their growth.

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For example, he acceded to Israel's effort to distinguish between "legal" settlements and "illegal" outposts, insisting that the latter be removed (they were not), while only paying scant attention to the former (many of which Israel proceeded to encapsulate behind a 420 mile wall - redrawing its borders with the West Bank).

And despite endorsing the "Road Map" - which called on Israel to dismantle all settlement "outposts" erected after March 2001 and freeze all settlement activity - Bush sent a letter to Prime Minister Sharon in April 2004 which stated that, "in light of new realities on the ground, including already existing major Israeli population centers, it is unrealistic to expect" these settlements will be removed after final status negotiations.

Under Trump's leadership, settlements are not only legal, they aren't even 'obstacles to peace'