A/HRC/25/38 in international customary law. In particular, Israel is bound by the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention) and the Hague Regulations.2 Article 49 of the Fourth Geneva Convention establishes that the occupying power shall not deport or transfer parts of its own civilian population into the territory it occupies. The Security Council,3 the General Assembly,4 the Human Rights Council5 and the International Court of Justice6 have all confirmed that the construction and expansion of Israeli settlements and other settlement-related activities in the Occupied Palestinian Territory are illegal under international law. 5. In the Occupied Palestinian Territory, including East Jerusalem, Israel must comply with obligations contained in the international human rights treaties that it has ratified, including the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Violence against Women and the Convention on the Rights of the Child. This has been confirmed by the International Court of Justice7 and human rights treaty bodies.8 III. Overview 6. As stated in previous reports of the Secretary-General, Israeli settlements are an obstacle to the creation of a future Palestinian State.9 Despite the expressed commitment of Israel to freeze all settlement activity under the Quartet road map as well as multiple calls made by the international community for Israeli settlements in the West Bank, including East Jerusalem, to be stopped, the Government of Israel has continued to play a leading role in their creation and expansion, in violation of international law. During the reporting period, Israeli settlements continued to expand and new settlements were approved. According to the Israeli NGO Peace Now, during the reporting period, plans for 8,943 new settlement units were promoted by the Government of Israel, including 6,521 in the West Bank, excluding East Jerusalem, and 2,422 in East Jerusalem.10 The NGO estimated that this would mean housing for more than 44,000 new Israeli settlers, assuming that the average size of a settler family is 5 persons.11 Further, it appears that new settlement construction increased by 70 per cent in the first half of 2013, with the construction of 2 3 4 5 6 7 8 9 10 11 4 The Hague Regulations are annexed to the Hague Convention respecting the Laws and Customs of War on Land of 18 October 1907 (Convention IV). The International Court of Justice has stated that even though Israel is not a party to this Convention, the Hague Regulations are applicable to Israel, as they have become part of customary law. See Advisory Opinion of the International Court of Justice (ICJ) on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory of 2004 (A/ES-10/273 and Corr. 1), paras. 89-101. Security Council resolution 465 (1980). General Assembly resolution 65/104. Human Rights Council resolution 22/26. The Court concluded that Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, have been established in breach of international law (A/ES-10/273 and Corr.1, (note 2 above), para. 120). A/ES-10/273 and Corr. 1 (note 2 above), paras. 102-113. CERD/C/ISR/CO/14-16, para. 10, CRC/C/ISR/CO/2-4, para. 3. See also A/68/513, para. 5. A/64/516, para. 12; A/67/375, para. 6. Peace Now uses the term “promote” to indicate support from the Government of Israel in advancing new settlement units in the multi-stage planning process. Information provided by Peace Now. See peacenow.org/Bibis%20Settlements%20Boom%20-%20March-November%202013%20%20FINAL.pdf.