THREAD: Why @SecPompeo is right to say settlements not illegal.
1) The 1978 memo's conclusion depended on the view that Israel is an occupying power. That view was wrong at the time, because one cannot occupy territory to which one has a sovereign claim. papers.ssrn.com/sol3/papers.cf…
1) The 1978 memo's conclusion depended on the view that Israel is an occupying power. That view was wrong at the time, because one cannot occupy territory to which one has a sovereign claim. papers.ssrn.com/sol3/papers.cf…
2) Even on its own terms, memo's conclusions no longer apply. It said the state of occupation, and with it Qs about settlements, would end when peace treaties signed w/ Jordan. That happened in '94; State Dept just failed to update policy to reflect changes on the ground
3) Even if there was an occupation, the notion that people voluntarily moving - or in some cases returning - to such a territory is a war crime is an idea invented solely for the case of Israel, and has never been applied elsewhere.
4) Since 1967, there have been many prolonged occupations, all with significant population movements. In none did the UN - or the US - say that these civilian communities are illegal. A rule that is just about Israel is not int'l law, it is something else. papers.ssrn.com/sol3/papers.cf…
