Question Period Note: Israel Settlements

On November 18, 2019 United States Secretary of State Mike Pompeo announced that US does not consider Israeli settlements in the West Bank to be “per se inconsistent with international law.”

• Canada remains committed to the goal of a comprehensive, just and lasting peace in the Middle East, including the creation of a Palestinian state living side by side in peace and security with Israel.

• Canada does not recognize permanent Israeli control over territories occupied in 1967, including the West Bank.

• We agree with the UN Security Council that these settlements are a serious obstacle to achieving a just, lasting and comprehensive peace.

• Canada's longstanding stated position remains unchanged: Canada considers Israeli settlements to be a violation of the Fourth Geneva Convention.

Canada does not recognize permanent Israeli control over territories occupied in 1967 (the Golan Heights, the West Bank, East Jerusalem and the Gaza Strip). The Fourth Geneva Convention applies in the territories occupied since 1967 and establishes Israel's obligations as an occupying power. As referred to in UN Security Council Resolutions 446 and 465, Israeli settlements in these territories have no legal validity and are in violation of the Fourth Geneva Convention. The settlements also constitute a serious obstacle to achieving a comprehensive, just and lasting peace.

On November 18, 2019 United States Secretary of State Mike Pompeo announced that "the establishment of Israeli civilian settlements in the West Bank is not per se inconsistent with international law," a departure from a 1978 State Department legal opinion, and something Pompeo characterized as a reversal of the Obama Administration's position. He added that it is for the Israeli court system to determine the legality of individual settlements. While Israeli courts do rule on their legality under Israeli law, they do not consider the Fourth Geneva Convention to be applicable in these territories, and as such do not make determinations regarding international law.

The announcement fits squarely into the present US Administration's approach of unilaterally overturning past long-held policy positions on core issues related to the Israeli-Palestinian conflict (e.g. on Jerusalem and the Golan Heights).

Following the US announcement, the EU reiterated its position that Israeli settlements are illegal under international law, as did both Norway and Ireland.

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