Most research and analyses of Israel’s settlement enterprise has focused on the usage of particular paragraphs in the Geneva Convention. For over 50 years Israel has refuted the usage of the Geneva Convention with regards to its settlements. Doing so, the more relevant question arises on what laws, governance, and regulations, is of importance in understanding Israelis behavior? If one accepts the premise that Israel is occupying some areas, and as an occupying force is forbidden to change laws from previous sovereign, it becomes relevant as to what the laws are and how are they being followed. The aim with this book is to go deeper to understand the rationale behind Israeli land policies.
This book is not necessarily a full rejection of the arguments that have been advocated by different scholars that seek to brand Israel’s settlement enterprise as illegal, nor is it to be understood as a full acceptance of those arguments at hand. Rather, I want this book to show nuances in an infective question. The idea is to give the reader an insight into the arguments made by Israel and its judiciary which has not been properly addressed nor researched about through earlier scholars. By including stories about personalities such as Rabbi Menachem Froman & Shabtay Bendet, this book aims to fulfill its purpose of not politicizing the Israeli settlement enterprise through one particular understanding.
Martin Blecher is a political scientist in Sweden. His articles have been published in Jerusalem Post and Israel National News as well as in Swedish newspapers. His previous book was an anthology that contained views of proponents versus opponents to the two-state solution between Israel and Palestine.
OneHistorical Background to Israeli Land Policy
The Zionist Dimension
From Market Transactions to State Expropriation
The Israeli Supreme Court
The Difference in Legal Status Over the Land
Failure to Protect Arab Peasantry and the Entering of Zionist Settlers
The Categorization of Present Land Ownership in the West Bank
TwoThe Land Laws: Different Takings and Approaches
Israel Accused of Reinterpreted Article 43 of The Hague Regulations of 1907
Private and Public Disputes Intertwine?
The Stance of B’Tselem
The Stance of Peace Now
The Stance of the Edmund Levy Report
ThreeArticle 43 of The Hague Regulations
Prolonged Occupation Creates Unbridgeable Conflicts
Respect the Laws in Force versus Flexibility When Conditions Change
More Politics, Less Law
FourIsrael, the Fourth Geneva Convention, and The Hague Regulations: Different Takings and Approaches
The Most Common Arguments For and Against the Illegality of Settlements
The Geneva Convention Applies, but Not Justiciable in Israeli Court System?
FiveA Review of US Presidents’ Policy vis-à-vis Israeli Settlements
Lyndon B. Johnson
George H. W. Bush
George W. Bush
SixA Paradigm Shift?
SevenTwo Different Destinies, Two Separate Paths
The Unlikely Peace ActivistThe Former SettlerConclusions Appendix OneAppendix Two
About the Author