Israeli Settlements in the Occupied Syrian Golan, a Gross Violation of Article 49(6) of the Fourth Geneva Convention and a Continued Obstacle to Peace

Fourth Geneva ConventionNil Fourth Geneva Convention

 As a human rights organisation set up to protect the rights of the Syrian population occupied by Israel since 1967 Al Marsad is appalled at the continued lack of action on the part of the Israeli government to put an end to the building and expansion of existing Israeli settlements into the Occupied Syrian Golan. Israeli settlements in occupied territory represent a clear violation of international law and are one of the main obstacles to lasting peace in the Middle East.

 Since the beginning of Israeli’s illegal occupation of the Golan in 1967 consecutive Israeli governments have actively encouraged Israeli’s to settle the territory. According to a 2006 United Nation Security Council report by the Secretary-General on the Middle East, the figure for Israeli settlers in the Occupied Syrian Golan was 20’000. While in May of 2007 a report by the United Nations General Assembly, Economic and Social Council stated that there were 33 Israeli settlements in the Occupied Syrian Golan as of march 2005. It also went on to state that three new tourist settlements were being built in the occupied Tiberius lowlands, the Qela settlement was expanding with a construction tender out to develop 300 dunours of occupied land into settlements, that the major settlement of Katzrin was growing by 100 residents annually, and that in 2007 an Israeli interior minister announced the intention to facilitate accelerated settlement construction along the boarder with Syria.

 Israeli settlements in occupied Golan are illegal under international humanitarian law. This is outlined Article 49(6) of the Fourth Geneva Conventions which states that ‘an occupying power shall not deport or transfer parts of its own population into territory it occupies’, this rule has also been codified under customary international humanitarian law. The United Nations Security Council and the International Court of Justice have also held that Israeli settlements in occupied territory are illegal and contradict international law.

 The settlements in the Occupied Syrian Golan are a gross violation of Article 49(6) of the Fourth Geneva Convention; this leads Al Marsad to plead with the international community not to ignore these new facts on the ground. Al Marsad would also like to remind the international community that they have obligations, under Article 1 of the Fourth Geneva Convention, to undertake respect and ensure respect for the Convention. It is in the Al Marsad philosophy that to gain peace there must be a respect for fundamental principles of international human rights law and international humanitarian law. Israeli settlements in occupied territory contradict this policy and a major obstacle to any peace agreement.

 Al Marsad would like to make the following recommendations.
1) The international community must ensure the respect for the provision of the Fourth Geneva Convention
2) The international community must not support the development of Israeli settlements in occupied territory, whether through economic, financial or political means.
3) States must ensure that they put pressure on Israel to reverse its settlement projects in all occupied territory. States must insist that Israel respect
 
 International law and that it is not above the law and will be held responsible for its actions. States must insist to Israel that the first step towards peace will be a respect for the international law framework.