Position Paper on the West Bank (THINC) Document

Are the Israeli Settlements in the West Bank illegal under International Law?

It is often claimed by media and many UN policy documents that the “Israeli settlements” in the West Bank and East Jerusalem are in violation of international law. This report reviews the main legal and factual arguments associated with this claim and concludes that such simplistic characterizations are biased and unfounded under international law. The law governing these territories (and Israeli citizens living or working there) is extremely complex. The report points out that – contrary to popular opinion – most, if not all, Israeli settlements in these territories (and Israeli government policy facilitating them) are legal under international law.

Moreover, Israel has potentially valid claims under international law to sovereignty over these territories, despite the fact that this is still disputed by many states and international organisations for political reasons. The Hague Initiative for International Cooperation advocates for unbiased, reasonable and non-discriminatory application of international law and the rule of law to all states and peoples.