A/HRC/16/72
“is making a mockery of international law”.16 States do customarily require some form of
legislative endorsement of international treaty obligations. In this instance, the public
validation by Israel of any agreement reached might add to its political legitimacy and the
likelihood of future respect and, if it failed to gain sufficient Israeli support, could signal the
unsustainability of the agreement. Thus, this new constraint on the finality of a negotiated
settlement can at best be viewed as ambivalent, and not itself unlawful, although it might be
imprudent, if the objective is to end the conflict through a negotiated agreement, a position
that is increasingly confronted by doubts.
III.
Continuing expansion of settlements in the occupied
Palestinian territories
14.
Given the centrality that has been accorded by both sides to the settlement
phenomenon, the Rapporteur believes that more detailed attention to the facts and legal
implications of recent settlement expansion seems appropriate. The Israeli 10-month selfdelimited “moratorium” on settlement expansion in the West Bank expired on 26
September 2010, leading to the breakdown of the briefly resumed peace process and giving
rise to lengthy negotiations aimed at re-establishing the moratorium that have now been
abandoned. However, several points must be noted. First, the 10-month moratorium did not
stop settlement construction but only slowed the pace of expansion in some parts of the
West Bank;17 it did not purport to freeze settlement construction in occupied East
Jerusalem, contending, contrary to the international legal and political consensus, that the
whole of Jerusalem, as expanded by Israeli law since 1967, is unoccupied, and that the
whole city is the capital of Israel, leaving no part of the city to be available as the capital of
a future Palestinian state. In the West Bank, settler construction of public facilities such as
schools and community centres as well as thousands of housing units already under
construction continued unabated during the moratorium. Second, according to the
movement Peace Now, a surge of settlement building took place in the first six weeks
following the end of the moratorium on 26 September.18 Further, the settlers managed to
start to build 1,629 housing units, and to dig the foundations for 1,116 of them. Work
started in 63 settlements, 46 of them east of the separation wall and 17 on the western side
of it. In all of 2009, according to the Israeli Central Bureau of Statistics data, work on 1,888
new housing units have started. Had the construction continued at the same speed without
the moratorium, there would have been 1,574 units during the 10-month period. In the six
weeks following the end of the freeze, the settlers managed to start a similar number of
units attesting to the reality that the settlement freeze was no more than a 10-month delay in
the construction.19 In fact, the rate of settlement construction quadrupled compared to what
it had been during the two years before the moratorium.20 Third, and perhaps most
importantly, the underlying premises of the moratorium were never drawn into question,
namely, that it was a matter of Israeli discretion to initiate or terminate a settlement freeze.
Official diplomacy never considered the relevance of the continuing violation arising from
the presence of the settlements or the questionable status of the 500,000 Israeli settlers who
16
17
18
19
20
8
“Erekat on referendum: Israel making a mockery of int’l law”, The Jerusalem Post, 23 November
2010.
See Peace Now, “Eight Months into the Settlement Freeze”, 2 August 2010.
See Peace Now, “In 6 weeks the settlers almost made up for the 10 months Settlement Free,” 13
November 2010.
Ibid.
See International Middle East Media Center, “Rate Of Israeli Settlement Construction Quadrupled In
Last Month”, 21 October 2010.
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