Rebel Dawn: April 2006

One of the most contentious issues today in international politics is that of the Israeli-Palestinian conflict. In this ongoing conflict, one of the most controversial issues has been that of Israeli settlements in the West bank and Gaza Strip. To understand this issue, one must understand the long history between these two people that has led up to the current conflict. There is a myriad of reasons for this long conflict including reasons historic, religious, cultural and economic.

To truly understand the conflict between the Palestinians and the Israelis, it is important to understand thousands of years of history between these two groups, both in their religious and ethnic capacities. Both religions regard this area as their Holy Land and consider the land to be given to them by God. A more digestible understanding can be found in an understanding of the modern history of this area. The history of modern Israeli settlements in the West Bank, Gaza Strip, Golan Heights, East Jerusalem, and the Sinai Peninsula began with the Six-Day War of 1967. Before this war, the separate areas were administrated by three Arab countries; Jordan, Egypt, and Syria.

There were many reasons that led up to the Six-Days war. Among them was a heightening of military activity by Syria, Egypt and Jordan on their border with Israel. This pattern of military aggression, the blockading of Israeli Ports, and the rhetoric of the annihilation of the Israeli state brought the old conflict to a head with Israel’s preemptive attack on Egypt’s air force. This war lasted six days before Israel won, sustaining minimum causalities. Egypt, Syria, and Jordan, however, took heavy causalities and their military forces were in tatters. At the time of the ceasefire, Israel had taken over the West Bank, Gaza Strip, Golan Heights, East Jerusalem, and the Sinai Peninsula. These areas were put under military administration while waiting for a peace settlement. Not long after the war, however, the Arab countries at the Khartoum Arab Summit agreed that there would be "no peace, no recognition and no negotiation with Israel." Without a peace agreement, Israel held on to the administration of these territories.

Since this time, there have been major changes in the status of the different territories. The Golan Heights was under military rule until 1981, when civilian law was extended to this territory. In 1982, Israel returned the Sinai to Egypt, and in the mid-1990’s after the Camp David Accords Israel returned captured East Bank territory to Jordan. Recently Israel also disengaged completely from the Gaza Strip, turning the administration of this territory over to the Palestinian Authority.

This historical basis gives a solid foundation for understanding the settlements and the conditions that allowed these settlements to continue to survive. Once these territories were under Israeli control, many Israeli settlers moved to live in these territories. Many of these settlers moved to old Israeli settlements that were abandoned after the 1948 Arab-Israeli War. There are a variety of different types of settlements in these areas. These range from Jewish neighborhoods coexisting with Arab neighborhoods in the same city to “wildcat” outposts, consisting of trailers and even tents on Palestinian lands with little or no legal recognition. Today the settlements only exist in the territory know as the West Bank. In terms of populated land, there are settlements on less than 2 percent of the West Bank. The majority of these settlers live in settlements that are close to the pre-1967 state of Israel.

One of the most contentious issues regarding the settlements is their legality. The Fourth Geneva Convention forbids an “Occupying Power” to “transfer parts of its civilian population into the territory it occupies." This is the main argument used against the legality of the Israeli settlements. The UN Security Council passed a resolution in 1979 declaring the settlements in the “occupied” territories illegal. Since that point they have repeatedly stated that the settlements are a barrier to the peace process.

There have also been continuing assertions that the settlements are not only illegal, that there is an unjust system of laws in the territories.. The Israeli Information Center for Human Rights in the Occupied Territories, B'Tselem, is an Israeli human rights organization that holds such an opinion. They claim that in the “occupied territories” there is a “separation cum discrimination regime, in which [Israel's government] maintains two systems of laws, and a person's rights are based on his or her national origin." According to B'Tselem, this “discrimination” consists of the seizure of Palestinian lands and their not having the same rights that the settlers are given by the government. They are denying “the right to housing, to gain a living, and freedom of movement."

Israel's defense for the legality of the settlements has been that the principle set forth in the Geneva Conventions was meant to prevent forcible displacement of a local population. Most of the settlers made settlements in areas in which no one was living. They also maintain that because the West Bank and the Gaza strip have not been part of a sovereign country since the Ottoman Empire fell after World War I these territories are not covered under the convention. They are not considered “occupied” territories, they are “disputed” territories. It is more of a matter of which mandate is the one that one recognizes. If one follows the Palestine as drawn up through the British Mandate than Israel is merely taking back its land.

It can also be argued that the settlements are not the catalysts for the reoccurring violence. It can be argued that the goal of the Arab majority executed through the PLO is the end of the Israeli state entirely. When the first Jewish immigrants came to Palestine beginning in the 1920's, they were quickly met with violence and persecution by the Arab majority in the area. Since that time there has been an large active campaign against the continuing existence of the Israeli state throughout the Middle East. Israel has been forced repeatedly to fight wars against its Arab neighbors to maintain its sovereignty.

A more pragmatic defense to the allegations of being a barrier to the peace process is presented by the website Palestine Facts. They point to the fact that Israel has repeatedly agreed to temporary halts in the growth of the settlements when it was obvious that this would help the peace process. The repeated regression back to terrorism among the Palestinians has stopped such actions. This more than the protection of the settlers is given as a major reason for the heavy Israeli military presence in the “occupied” territories. Israel has repeatedly maintained that they will not negotiate with the PLO if they continue to support terrorist actions. When the PLO finally recognized the Israeli government in 1993, the Israeli government immediately recognized the PLO as the official representative of the Palestinian people.

Despite continual indications that the Palestinian leadership did and does not want a peace with Israel, the recognition of the governments was followed up with the Oslo accords. The Oslo Accords were meant to diffuse the situation between the Israelis and the Palestinians. The Israelis agreed to gradually transfer territory and political power to the Palestinian Authority. The PLO agreed to establish an democratic government that would administer the territory. They also agreed to the temporary presence of Israeli settlements pending future negotiations. The ensuing violence and distrust on both sides, even during the accords themselves, led to the derailment of the peace process. Violence ensued on both sides, most notably on the Israeli side with the murder of 29 Muslims praying at the Cave of the Patriarchs. On the Palestinian side, suicide bombings against civilians and settlers further destabilized the region. Israel also allowed the settlements to continue to expand.

Numerous treaties and accords have been signed since 1967, including the Oslo Accords and the Camp David Accords, that have also had limited effects on ending the continuing violence in the region. The cycle of violence with the Palestinians attacking civilian targets and then the Israeli military destroying homes and lives in their search for the terrorists has continued to plague this region. Despite these numerous setbacks, the Israeli government gave all administration of the Gaza Strip over to the Palestinian Authority in September of 2005, with the displacement of over 10,000 Israelis from the Gaza and parts of the West Bank. This demonstrates a very strong disposition toward peace from the Israeli government, even when such a move is not popular.

There are many reasons why Israel is interested in continuing to control the remaining territories. One reason is a deep cultural and religious love for the land. The West Bank, known historically as Judea or Samaria, had been the ancestral home of the Jewish people for centuries. Their love for the country goes beyond their own personal experience in the land. For both sides, this goes beyond just a love of a land to a historical struggle to take back what God has promised them.

There are other important questions one must ask about the settlements. What kind of support does the Israeli government give to the settlers? How much influence do the settlers have over the Israeli government? An official Israeli government report published in March of 2005 found that members of the Israeli government have been redirecting millions in currency to settlers to build settlements in the West Bank. According to state prosecutor Talia Sasson, this was a “blatant violation of the law” and that “drastic steps” needed to be taken to stop this state of affairs. The report found numerous specific illegal actions. The housing ministry gave 400 trailers for outposts on Palestinian land. The defense ministry approved the placement of trailers to start new outposts. The education ministry paid for the teachers at these outposts. The energy ministry connected these outposts to the electrical grid. Roads were also constructed that were paid for with taxpayer money.

Support for the settlements has been strong even at the highest levels of government. When Ariel Sharon was Foreign Minister under Binyamin Netanyahu, he publicly urged settlers to take the hilltops in the West Bank in order to prevent the continuity of the Palestinian land and prevent an eventual Palestinian state. He said, “Let everyone get a move on and take some hilltops! Whatever we take, will be ours, and whatever we don't take, will not be ours!" This strong support for the settlements in both legal and illegal capacities is in some part based on the strong influence the settlers have within the government. The local government of the settlements, the Yesha Council, has a very strong lobby within the Knesset, the Israeli legislative body. There is also a large amount of support for the settlements among Israelis living in Israel proper. Even though a majority of Israelis support the dismantling of the settlements, the supporters of the settlements are vocal and actively engaged in working to accomplish their goals. Israelis are more sympathetic to the cause of the settlers because of the actions of the Muslim extremists and the suicide bombers.

Beyond losing land that they believe is theirs, there are many other problems that the Palestinians have with settlements in the “occupied” territories. One of the most recent developments in the Arab-Israeli conflict has been the construction of barriers to surround the different settlements in the West Bank. The Israeli government maintains that these barriers were raised in order to protect the settlers from harm. The settlements, however, are inconvenient for the Palestinians who live in the West Bank. The United Nations Office for the Coordination of Humanitarian Affairs estimates that 10.1% of the West Bank is on the Israeli side of the barrier. Many of the Palestinians in the area will have lessened access to schools, family, and their jobs.

To secure the settlements, Israel also has in place a system of security checkpoints to help secure the settlements. Unfortunately, these checkpoints along with the security barrier restrict Palestinian freedom of movement and are seen by a majority of Palestinians to be humiliating and degrading. This is an opinion that is not only held by Palestinians. Israel Defense Forces' Judge Advocate General, Major General Dr. Menachem Finkelstein states that “there were many – too many – complaints that soldiers manning the checkpoints abuse and humiliate Palestinians." This also hampers economic activity in the West Bank and freedom of movement for the Palestinians. The repeated use of curfews in major metropolitan areas is also a point of contention. Israel maintains that these curfews are sometimes necessary for security, while they restrict freedom of movement for thousands of Palestinians.

Today the settlements question stands at a crossroads. The recent Israeli pullout from the Gaza Strip has shown Israel's willingness to compromise on the issue of settlements. The fate of the settlements in the West Bank is still up in the air, though it does not seem likely that Israel will surrender those settlements in the near future. The incapacitation of Ariel Sharon, the leader of the Israeli government, by a stroke ended the career of a man who was popular with the Israeli people and one who seemed to believe in the peace process. It is unknown in what direction the future prime minister will take Israel. Another recent development that could have far reaching affects on the peace process is the Palestinian Authority's recent elections. In the recent election, Hamas gained control of the Palestinian government. Hamas, an organization that wing that carries out terrorist attacks, has taken a hard line tone in its line towards Israel. The United States and the European Union have stopped their aid to the Palestinian National Authority in response to this development. It remains to be seen how the PNA will respond to this development.