Colonization, occupied territories, and international law: the longest occupation of the 20th century
Related to: HIST-0006HIST-0007HIST-0009
Summary
Since the Six-Day War (1967), Israel has occupied the West Bank (including East Jerusalem) and the Golan Heights, and occupied Gaza until 2005 (then imposed a blockade). The colonization of these territories by Israeli civilians—more than 700,000 settlers in 2025—is considered illegal by the overwhelming majority of the international community, including an advisory opinion from the ICJ (2004, reaffirmed 2024). This issue is inseparable from the USA-Israel relationship (systematic American veto at the UN) and the geopolitical context in which pro-Israel influence networks operate in the United States.
Detailed context
1. The Occupation (1967-present)
Territories Occupied After June 1967
- West Bank: taken from Jordan, 5,860 km2, approximately 3 million Palestinians
- East Jerusalem: taken from Jordan, annexed in 1980 (Basic Law of Jerusalem), annexation not internationally recognized
- Gaza Strip: taken from Egypt, occupied until 2005 (Sharon withdrawal), then under blockade
- Golan Heights: taken from Syria, annexed in 1981 (Golan Law), annexation not internationally recognized (except by the US since 2019)
- Sinai: taken from Egypt, returned in 1979-1982 (Camp David peace treaty)
International Legal Framework
According to international humanitarian law (4th Geneva Convention, 1949), an occupying power cannot:
- Transfer its civilian population into the occupied territories (Article 49, paragraph 6)
- Annex territories acquired by force (UN Charter)
- Modify the legal status of the territory
Israel disputes the applicability of the 4th Geneva Convention to the occupied territories, arguing that the West Bank was not a 'sovereign territory' before 1967 (Jordan had annexed it in 1950 without international recognition, except from the UK and Pakistan).
2. Colonization: Chronology and Scale
Phase 1: 'Security' Settlements (1967-1977)
Labor government. Allon Plan (1967): strategic colonization of the Jordan Valley and the heights surrounding Jerusalem to create 'strategic depth.' Settlements limited in number but strategically placed. Gush Etzion was rebuilt (former Jewish settlement destroyed in 1948).
Phase 2: Ideological Acceleration (1977-1993)
Rise to power of Likud (Begin, 1977). The Gush Emunim movement ('Bloc of the Faithful'), founded in 1974, launched ideological colonization: the West Bank is 'Judea and Samaria,' a biblical land that God promised to the Jewish people. Ariel Sharon, Minister of Agriculture then Defense, was the architect of massive colonization.
Number of settlers in the West Bank (excluding East Jerusalem):
- 1977: approximately 5,000
- 1983: approximately 22,000
- 1993: approximately 110,000
Phase 3: Oslo and the Paradox (1993-2000)
Despite the Oslo Accords (1993), colonization did not stop. The Rabin and Peres governments built bypass roads and 'settlement blocs.' Netanyahu I (1996-1999) accelerated. Barak (1999-2001) evacuated nothing.
- 2000: approximately 190,000 settlers (+ 180,000 in East Jerusalem)
Phase 4: Post-Intifada and Acceleration (2000-present)
The Second Intifada (2000-2005) and the failure of Oslo legitimized the colonial right. Sharon launched the Gaza disengagement (2005) — evacuation of 8,000 settlers — but this was offset by acceleration in the West Bank.
Updated figures (2025):
- West Bank (excluding East Jerusalem): approximately 500,000 settlers in 130+ settlements and 100+ outposts illegal even under Israeli law
- East Jerusalem: approximately 230,000 Israelis in neighborhoods built on annexed land
- Golan: approximately 25,000 settlers
- Total: more than 750,000 Israeli settlers in the occupied territories
3. The Separation Wall (2002-present)
Construction launched in 2002 during the Second Intifada. Security justification (preventing suicide bombings). But the wall's route does not follow the 1949 Green Line: it penetrates deep into the West Bank to encompass settlement blocs, de facto annexing 10-15% of Palestinian territory.
ICJ Advisory Opinion (July 9, 2004): the wall is illegal when built in occupied territory. The UN General Assembly voted the resolution (150 for, 6 against including US and Israel). Israel ignored the opinion.
4. The Status of Jerusalem
Jerusalem is at the heart of the conflict. All three monotheistic religions have holy sites there:
- Judaism: Western Wall (Kotel), Temple Mount
- Islam: Al-Aqsa Mosque, Dome of the Rock (Haram al-Sharif)
- Christianity: Holy Sepulchre, Via Dolorosa
The 1947 partition plan envisioned a 'corpus separatum' under international administration. Israel conquered West Jerusalem in 1948, East Jerusalem in 1967. The 1980 Basic Law declares Jerusalem the 'eternal and indivisible capital' of Israel.
The international community does not recognize Jerusalem as Israel's capital (except the US since December 2017, Trump). Most embassies are in Tel Aviv.
Tensions around the Temple Mount/Haram al-Sharif are a recurring trigger for violence (1929, 2000, 2014, 2021, 2023).
5. Gaza: From Withdrawal to Blockade (2005-present)
Sharon ordered the unilateral withdrawal from Gaza in August 2005: 8,000 settlers evacuated, army withdrawn. Hamas won the legislative elections (January 2006), then took control of Gaza by force (June 2007) after a conflict with Fatah.
Israel and Egypt imposed a land, sea, and air blockade on Gaza (2007-present). The UN described Gaza as the 'world's largest open-air prison.' Population in 2023: 2.3 million inhabitants in 365 km2.
Four major wars (2008-09, 2012, 2014, 2021) and the 2023-present war, the most destructive, with genocide allegations brought before the ICJ.
6. International Law and Prosecutions
UN Resolutions
- Resolution 242 (1967): withdrawal from occupied territories, right to live in peace
- Resolution 338 (1973): ceasefire and implementation of 242
- Resolution 478 (1980): non-recognition of the annexation of Jerusalem
- Resolution 497 (1981): non-recognition of the annexation of the Golan
- Resolution 2334 (2016): settlements have 'no legal validity' (Obama abstained, did not veto)
- More than 50 American vetoes on resolutions criticizing Israel in the Security Council
International Court of Justice (ICJ)
- 2004: Advisory opinion on the wall — illegal in occupied territory
- 2024: Advisory opinion — the occupation is illegal in its entirety, Israel must evacuate all settlers
- 2024: Provisional measures in the genocide case brought by South Africa
International Criminal Court (ICC)
- 2021: The ICC opened an investigation into crimes committed in Palestinian territories (settlements as a war crime, military operations)
- 2024: Arrest warrants against Netanyahu and Defense Minister Gallant for war crimes and crimes against humanity
- Israel does not recognize the ICC's jurisdiction. Neither does the US.
7. Impact on Influence Networks
The settlement question is THE most sensitive subject in the US-Israel relationship:
- Every American president since Nixon has declared settlements 'illegitimate' or an 'obstacle to peace' (except Trump, who changed the position in 2019)
- Pro-Israel lobbying is largely aimed at preventing any American pressure on settlements
- The Mega Group and major pro-Israel donors massively fund candidates who unconditionally support settlement policy
- This dynamic creates a structural interest for Israel to have levers of influence over the American political process — a context in which kompromat theories make sense
Key dates
Plausibility assessment
Note de contexte factuel. La colonisation est le ciment du besoin d'influence israelien a Washington : tant que les colonies existent et s'etendent, Israel a un interet vital a empecher toute pression americaine. Ce besoin structurel est le terreau sur lequel poussent les theories de kompromat et d'operations d'influence — ce qui ne prouve pas qu'Epstein en faisait partie, mais contextualise pourquoi Israel aurait eu un motif rationnel de developper de tels leviers.
Sources consulted
- • Idith Zertal & Akiva Eldar, 'Lords of the Land: The War Over Israel's Settlements'
- • Gershom Gorenberg, 'The Accidental Empire: Israel and the Birth of the Settlements'
- • CIJ — Avis consultatif sur le mur (2004)
- • CIJ — Avis consultatif sur l'occupation (2024)
- • Resolution 2334 du Conseil de securite de l'ONU
- • Amnesty International — 'Israel's Apartheid Against Palestinians'
- • Human Rights Watch — 'A Threshold Crossed'
- • B'Tselem — 'A Regime of Jewish Supremacy from the Jordan River to the Mediterranean Sea: This Is Apartheid'
- • CPI — Mandats d'arret Netanyahu/Gallant
- • Wikipedia — Israeli settlements, Legality of Israeli settlements