New Article: Zemach, International Law and the Future of Israeli Settlements in the Occupied Territories

Zemach, Ariel. “Frog in the Milk Vat: International Law and the Future of Israeli Settlements in the Occupied Palestinian Territories.” American University International Law Review 30.1 (2015): 53-100.

 
URL: http://heinonline.org/HOL/LandingPage?handle=hein.journals/amuilr30&div=7

 
Excerpt

State Responsibility Rules provide illegally implanted settlers with protection that is weaker but broader than that they enjoy under international human rights law. International human rights law may prohibit the repatriation of certain settlers. Such protection is not available under State Responsibility Rules. Yet, the interests of individual settlers may support an occupant being exempt from its obligation to dismantle illegally established settlements even if international human rights law allows this measure. Such exemption neither depends on the contours of human rights contained in international human rights treaties of which the occupant is a signatory, nor does it have to be justified under a strict balancing-ofinterest analysis. Rather, State Responsibility Rules exempt an occupant from eliminating the consequences of its illegal conduct whenever such measure would entail the forceful eviction of a large number of individuals from their homes. Israel is therefore allowed, but is not required, to repatriate the settlers it has transferred into the Arab territories it occupies. The absence of a duty to repatriate the settlers allows for a strong argument in favor of including nonrepatriation within the sphere of interests that Israel may legitimately promote in negotiating the end of occupation.

 

 

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