Jun. 14, 2019
By Eugene W. Rostow, former US Assistant Secretary of State, (1966-l969) and former Dean of the Yale Law School and primary producer of the pertinent UN Resolution 242
The True Story of the Israeli Settlements (The communities of Judea, Samaria and Gaza)
United Nations Security Council Resolutions 242 and 338. Resolution 242, adopted after the Six-Day War in 1967, set out criteria for peace-making by the parties to the conflict.
Resolution 338, passed after the Yom Kippur War in l973, makes resolution 242 legally binding.
Resolution 242, which as Under Secretary of State for Political Affairs between 1966 and 1969, I helped produce, calls the parties to make peace and allows Israel to administer the territories it occupied in l967 until a just and lasting peace in the Middle East is achieved….
…Israel has established its settlements in the West Bank and Gaza Strip in accordance with international law. Attempts have been made to claim that the settlements violate Article 49 of the Fourth Geneva Convention of 1949 which forbids a state from deporting or transferring “parts of its own civilian population into the territory it occupies.” However, this allegation has no validity in law.
Israel maintains that the Convention (which deals with occupied territories) is not applicable to the West Bank and Gaza Strip. As there was no internationally recognized legal sovereign in either territory prior to the l967 Six Day War, they cannot be considered to have become “occupied territory” when control passed into the hands of Israel.