A/HRC/34/38 A. Violations of the obligations of the occupying power 14. In the Occupied Palestinian Territory, Israel disregards the law of occupation and its obligations as an occupying power. The law of occupation is guided by the principle that the status quo ante has to be preserved as far as possible within the occupied territory.32 15. A central violation of the law of occupation in the present context is the construction and expansion of Israeli settlements in the West Bank. The continued expansion of settlements not only undermines the possibility of a two-State solution, but is also at the core of many human rights violations in the West Bank. 33 1. Settlement expansion in the West Bank 16. Since the early years of the occupation, Israel has pursued a policy of establishing illegal settlements in the Occupied Palestinian Territory. 34 With a current total settler population of at least 590,000 in the West Bank (around 386,000 in some 130 settlements in Area C and 208,000 in East Jerusalem), the population of settlements has more than doubled since the beginning of the Oslo process in 1993.35 In addition, approximately 100 illegal outposts have been built without the formal approval of the Government of Israel in Area C and efforts under way in Israel to legalize some of them. 36 17. Besides allocating land for the purposes of constructing settlement housing and infrastructure, Israel supports the maintenance and development of settlements through the delivery of public services and the encouragement of economic activities, including agriculture and industry. Population growth in Israeli settlements is stimulated by housing, education and tax benefits. Similar incentives are provided for settlement industries. 37 The development of archaeological sites, national parks and other tourist sites aimed at attracting Israelis further contributes to settlement growth and Israeli control of land in the West Bank, including East Jerusalem.38 18. Moreover, Israel supports outposts considered illegal under its domestic law and other unauthorized constructions through the provision of funds, infrastructure and security. 39 Settlement expansion is also compounded by the failure of Israel to maintain public order and ensure accountability for harassment and violence perpetrated by Israeli settlers. 19. Settlements amount to the transfer of a State’s population to the territory it occupies, which is prohibited by international humanitarian law. 40 Any act that would facilitate population transfer is also prohibited under international humanitarian law. 41 Such transfer stands in violation of the Fourth Geneva Convention and is recognized as a war crime that may lead to individual criminal responsibility. 42 The illegality of settlements under international law has been confirmed by various international bodies, including the International Court of Justice, the Security Council, the General Assembly and the Human Rights Council.43 32 33 34 35 36 37 38 39 40 41 42 43 ICRC, “Contemporary challenges to IHL — Occupation: Overview”, June 2012. See A/HRC/34/39 and A/71/355, para. 34. See S/13450 and Corr.1 and 2. Report of the Middle East Quartet of July 2016, p. 4. Available from www.un.org/News/dh/infocus/middle_east/Report-of-the-Middle-East-Quartet.pdf. Ibid., p. 5. See also A/HRC/34/39, para. 33, and A/71/355, paras. 10-14. See A/68/513, para. 24, A/71/355, para. 4, and A/HRC/22/63, paras. 19, 22 and 97. See A/69/348, paras. 33-35, A/70/351, paras. 33-36, and A/71/355, para. 4. See A/68/513, paras. 15-16, and Talya Sason, “Summary of the opinion concerning unauthorized outposts” (10 March 2005). Fourth Geneva Convention, art. 49 (6). ICRC, 1958 commentary to article 49 (6) of the Fourth Geneva Convention, p. 283. Fourth Geneva Convention, art. 147, and Rome Statute of the International Criminal Court, art. 8 (2) (b) (viii). See Legal Consequences of the Construction of a Wall, para. 120; Security Council resolutions 2334 (2016) and 465 (1980); General Assembly resolution 70/89 and Human Rights Council resolution 5