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May 13, 2010
Are Israeli settlements in the West Bank really illegal?
Although many substantive legal arguments support the right of Jews to build in Judea, Samaria (the West Bank) and eastern Jerusalem, Israeli communities are accused of being "illegal," according to international law. But, what is this "law" and who decided that Israel was guilty?UN Resolutions? They are not laws, or sources of law. The International Court of Justice (ICJ), is the UN's primary judicial organ. Its advisory opinions are only recommendations, and, although they are influential, are not proper legal decisions. Unable to get a fair hearing before the ICJ, Israel does not appear there. In fact, the UN Charter (Article 10) does not grant the General Assembly, or the ICJ the authority to determine the ownership of disputed territories - although it does. "The law" is the Fourth Geneva Convention - one of the most important sources of conventional international and humanitarian law. The International Committee of the Red Cross (ICRC), the...(Read Full Post)