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91-837: The international community considers Israeli settlements in East Jerusalem illegal under international law , but the Israeli government disputes this. The hill on which Givat Hamivtar was established was the site of a Jordanian fort , one of a series of military installations blocking Jewish access to Mount Scopus and cutting off Hadassah Hospital , the Hebrew University , and the National Library of Israel from West Jerusalem. The Jordanians called it Tal al-Mudura , lit. "round hill." Jordanian snipers used this strategic location to fire on Israeli troops during

182-597: A "flagrant violation" of international law and has "no legal validity". It demands that Israel stop such activity and fulfill its obligations as an occupying power under the Fourth Geneva Convention . In 2004, an advisory opinion by the primary judicial organ of the UN, the International Court of Justice , also found the settlements to be illegal under international law. The court's finding

273-472: A community, particularly the chant used for recitative prayers such as the Amidah . Nusach primarily means "text" or "version", the correct wording of a religious text or liturgy. Thus, the nusach tefillah is the text of the prayers, either generally or in a particular community. In common use, nusach has come to signify the entire liturgical tradition of the community, including the musical rendition. It

364-575: A description which appears in many other Sephardic and Hasidic siddurim. There is not one generally recognized uniform nusach for Sephardi and Mizrahi Jews. Instead, Sephardim and Mizrahim follow several slightly different but closely related nuschaot. The nearest approach to a standard text is found in the siddurim printed in Livorno from the 1840s until the early 20th century. These (and later versions printed in Vienna ) were widely used throughout

455-577: A government act but a voluntary movement by Israeli Jewish people, not acting under compulsion, a position contested by Yoram Dinstein . The international community has rejected Israel's unwillingness to accept the applicability of the Geneva Conventions to the territories it occupies. There are two disputes regarding the Fourth Geneva Convention: whether the convention applies to the territories in question and whether

546-548: A joint statement that "all settlement activity is illegal under international law." After the meeting, ambassadors from the 10 non-permanent council members who serve two-year terms made a joint statement: Israeli settlement activities are illegal, erode the viability of the two-state solution and undermine the prospect for a just, lasting and comprehensive peace. as affirmed by the 2016 council resolution. The statement also called on Israel to end all settlement activity and expressed concern at calls for possible annexation of areas in

637-785: A majority. Since the mid-1980s, there is a Makuya center in the neighborhood. 31°48′11.01″N 35°13′52.63″E  /  31.8030583°N 35.2312861°E  / 31.8030583; 35.2312861 International law and Israeli settlements Israeli settlements in the Israeli-occupied Palestinian territories of the West Bank and the Gaza Strip , as well as in the Syrian Golan Heights , are illegal under international law . These settlements are in violation of Article 49 of

728-626: A message that settlements must stop privately and publicly for nearly five decades." This position was United States policy and had been stated by Secretary of State John Kerry and by the Johnson , Nixon , Ford , Carter , and Obama administrations. In November 2019, the Trump administration expressly repudiated the Hansell opinion and stated that the United States considered the status of

819-522: A military necessity; the original owner retained title to the land and must be paid rental fees for its use. Public lands' possession cannot be alienated, nor its basic character transformed. All areas in question were captured by Israel in the 1967 Six-Day War . Prior to 1967, no Israeli government claimed ownership over the West Bank, not even East Jerusalem (Israel did however demanded control over Jewish cemeteries of East Jerusalem). While most of

910-529: A peace deal, he nevertheless asked Israel to freeze construction calling the settlements an "obstacle to peace". The permissive attitude taken by America accelerated the pace of Israel's settlement programme. Reagan's view on the settlements legality was not held by the State Department. The George H.W. Bush, Clinton, and George W. Bush administrations did not publicly comment on the legality of Israeli settlements, but spoke publicly against them. Since

1001-458: Is a consensus among publicists that the prohibition of racial discrimination, irrespective of territories, is an imperative norm of international law. It has been observed that a double standard appears to apply with regard to Israel's violations of UN resolutions and comparable violations by some other countries. Whereas the UNSC resolutions 660 and 687 regarding Iraq's Invasion of Kuwait and

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1092-623: Is a recent attempt by Rabbi David Bar-Hayim at reconstructing the ancient Nussach Eretz Yisrael , based on the Jerusalem Talmud and documents discovered in the Cairo Geniza and other sources. The reconstruction and adaption is published in the form of a siddur ("prayer book"), and used by Rabbi Bar-Hayim's Jerusalem followers in public prayers held in Machon Shilo's synagogue. In addition, there are other nuschaot. It

1183-528: Is divided into the Baladi (closer to purely Yemenite) and Shami (adopted from Sephardic siddurim) versions. Both rites are recited using the unique Yemenite pronunciation of Hebrew , which Yemenite Jews, and some scholars, regard as the most authentic, and most closely related to the Hebrew of Ancient Israel. The Baladi rite is very close to that codified by Maimonides in his Mishneh Torah . One form of it

1274-402: Is just little more than an urban myth, since the only beheaded skeleton found in 1971 and at the later reexamination of the previously untouched tomb, belonged to an elderly woman. In his view, no other set of remains found there could be associated with King Antigonus II. Givat HaMivtar has only preschools and kindergartens. The elementary schools of Ramat Eshkol were built on the border between

1365-712: Is no legally recognized claim to who has sovereignty over the West Bank. The argument is one made by Meir Shamgar much earlier. Moreover, since the League of Nations Mandate for Palestine, with the intent to form a Jewish state between the sea and the Jordan river, included the area now known as the West Bank, Israel has at least as legitimate claim to the territory as any other state or group. The Israeli notary Howard Grief argued that, according to Article 6 of The Anglo-American Treaty of 1924, Jewish Settlements are not illegal. The United States, he maintains, had accepted Palestine as

1456-628: Is not a party), and is currently under investigation as part of the International Criminal Court investigation in Palestine . Shortly after independence, the Israeli Supreme Court ruled that the fundamental principles of international law, accepted as binding by all civilized nations, were to be incorporated in the domestic legal system of Israel. In the aftermath of the 1967 Six-Day War , Israel occupied

1547-529: Is one example of minhag , which includes traditions on Jewish customs of all types. Nusach Ashkenaz is the style of service conducted by Ashkenazi Jews , originating from central and eastern Europe. It is the shortest lengthwise except for the Yemenite Baladi-rite prayer . It may be subdivided into the German, or western, branch ("Minhag Ashkenaz"), used in western and central Europe, and

1638-479: Is preposterous and has no basis in international law. Israel also argues that some of the settlements are built in areas where Jewish settlements existed before the 1948 Arab-Israeli War and violence prior, when many West Bank settlements were destroyed and the residents massacred or expelled, such as Hartuv , Kfar Etzion , Hebron , and the Jewish Quarter of Jerusalem , and therefore the application of

1729-579: Is said among some mystics that an as-yet undisclosed nusach will be revealed after the coming of the Mashiach , the Jewish Messiah . Others say that the differences in nusach are derived from differences between the twelve tribes of Israel, and that in Messianic times each tribe will have its proper nusach. The concept of one nusach for each of the 12 tribes was formulated by R' Isaac Luria ; at

1820-467: Is the exact text of a prayer service; sometimes the English word "rite" is used to refer to the same thing. Nusakh means "formulate" or "wording". Texts used by different communities include Nosach Teiman , Nusach Ashkenaz , Nusach Sefard , Nusach Edot Hamizrach , Italian Nusach and Nusach Ari . Textual nusach is distinct from musical nusach , which refers to the musical style or tradition of

1911-576: Is the style of service used by some Jews of central and eastern European origins, especially Hasidim , who adopted some Sephardic customs emulating the practice of the Ari 's circle of kabbalists , most of whom lived in the Land of Israel . Textually speaking it is based in a large part on the Sephardic rite, but in melody, feel and pronunciation it is overwhelmingly Ashkenazi. There is a wide variation within

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2002-819: Is used by the Dor Daim , who attempt to safeguard the older Baladi tradition of Yemenite Jewish observance. This version used by dardaim was originally used by all Yemenite Jews near the time of Maimonides. In the period of the Geonim , Jews in Israel followed the Nussach Eretz Yisrael which is based upon the Talmud Yerushalmi (Jerusalem Talmud), while the Jewish diaspora followed the customs of Babylonian Jewry . The modern Nusach Eretz Yisrael

2093-507: The Battle of Ammunition Hill . Givat HaMivtar was conquered by an Israeli tank force after two attempts. The first mission failed after an Israeli soldier was killed by friendly fire . The Jerusalem neighborhood of Givat Hamivtar was planned as part of a sequence of Jewish neighborhoods called the bariah or "hinge" neighborhoods connecting west Jerusalem to Mount Scopus. The name of the neighborhood means "bissected hill," either referring to

2184-700: The European Union reiterated its view that the settlements are illegal. In November 2019, in a statement made after the change in the United States four-decade-old position, the European Union said that it continued to believe that Israeli settlement activity in occupied Palestinian territory was illegal under international law and eroded prospects for lasting peace. EU foreign policy chief Federica Mogherini said "The EU calls on Israel to end all settlement activity, in line with its obligations as an occupying power". An opinion in 1978 by Legal Adviser of

2275-574: The Fourth Geneva Convention , and in breach of international declarations. In a 2024 ruling by the International Court of Justice (ICJ) relating to the Palestinian territories, the court reaffirmed the illegality of the settlements and called on Israel to end its occupation, cease its settlement activity, and evacuate all its settlers. The United Nations Security Council , the United Nations General Assembly ,

2366-897: The International Committee of the Red Cross , the International Court of Justice and the High Contracting Parties to the Convention have all affirmed that the Fourth Geneva Convention applies to the Israeli-occupied territories. Numerous UN resolutions and prevailing international opinion hold that Israeli settlements are a violation of international law, including UN Security Council resolutions 446 in 1979, 478 in 1980, and 2334 in 2016. 126 Representatives at

2457-557: The Second Temple period. One tomb yielded the only physical evidence for the Roman custom of crucifixion found to date. These were the remains of a person called Jehohanan Ben Khagqol , and they included a heel bone with a nail driven through it from the side. The tip of the nail was bent, perhaps because of striking a knot in the upright beam, which prevented it being extracted from the foot. Another tomb, highly ornate, held

2548-588: The Sinai Peninsula to Egyptian sovereignty), and Jordan (returning small sections to Jordanian sovereignty); there are currently no peace treaties governing Israel's borders related to the West Bank, the Gaza Strip, and the Golan Heights. Defining The International Criminal Court 's Rome Statute provisions about transfer of civilians was complicated by Israel's position, since Israel felt it

2639-713: The Sinai Peninsula , the Gaza Strip , West Bank , East Jerusalem and Golan Heights . Theodor Meron , at the time the Israeli government's authority on the topic of international law and legal counsel to the Israeli Foreign Ministry , was asked to provide a memorandum regarding the status in international law of proposed settlement of the territories, which he subsequently addressed to the Foreign Minister Abba Eban on 14 September 1967. He concluded that short-term military settlements would be permissible, but that "civilian settlement in

2730-577: The UN Security Council (resolutions 478 and 497 respectively), and are not recognized by the international community. The United States abstained from the vote on Resolution 478 and the U.S. Congress passed the Jerusalem Embassy Act , altering key passages to avoid a presidential veto, recognizing Jerusalem as the capital of Israel. The provisions of the law to implement a move of the embassy can be deferred or blocked by

2821-578: The UNSC 1441 before the Gulf War demanded Iraq's immediate withdrawal from land it occupied belligerently, and regarded as a casus belli its putative recourse to a programme for building weapons of mass destruction , Israel, though occupying a foreign territory and reputedly having an atomic arsenal , was treated differently. The difference lies in the fact that UN Security Council resolutions against Israel are widely thought to be passed under Chapter VI of

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2912-401: The administered territories contravenes the explicit provisions of the Fourth Geneva Convention," adding that the prohibition on any such population transfer was categorical, and that "civilian settlement in the administered territories contravenes the explicit provisions of the Fourth Geneva Convention ." It follows from the presence on files of these notes, Gershom Gorenberg argues, that

3003-548: The Clinton administration, the U.S. has continued to object to the settlements, calling them "obstacles to peace" and prejudicial to the outcome of final status talks. Although President Barack Obama and diplomatic officials in his administration have stated, "the United States does not accept the legitimacy of continued Israeli settlements," in February 2011 the U.S. vetoed a Security Council resolution that would have declared

3094-437: The Convention forbids the establishment of Israeli settlements. Article 2 concerns the applicability of the Convention whereas article 49 concerns the legality of population transfers. Nusach (Jewish custom) In Judaism , Nusach ( Hebrew : נוסח , romanized :  nusaḥ , Modern Hebrew pronunciation nusakh , plural ( נוסחים ‎ nusaḥim , also Yiddish : נוסחאות , romanized :  nuskhóes ))

3185-466: The Department of State Herbert J. Hansell concluded that the settlements are "inconsistent with international law", and against Article 49 of the Fourth Geneva Convention. The Hansell Memorandum found that "[w]hile Israel may undertake, in the occupied territories, actions necessary to meet its military needs and to provide for orderly government during the occupation, for the reasons indicated above

3276-670: The Fourth Geneva Convention applies to the occupied territories (the Golan Heights, the West Bank, East Jerusalem and the Gaza Strip) and that Israeli settlements are a violation of the Fourth Geneva Convention. In 2009, British Foreign Secretary David Miliband called Israeli settlements "illegal". In December 2012, William Hague , the British foreign secretary stated that all Israeli settlements were "illegal under international law". In 2003, The Non-Aligned Movement declared Israeli settlements as illegal, stating, "the main danger to

3367-594: The Fourth Geneva Convention does not de jure apply. However, all of Israel's arguments have been refuted by the ICJ's 2024 ruling. Furthermore, the Supreme Court of Israel has repeatedly ruled that Israel's presence in the West Bank is in violation of international law. The establishment of settlements has been described by some legal experts as a war crime according to the Rome Statute (to which Israel

3458-565: The Geneva Convention is an entirely different issue. Some argue that according to international law Israel is the custodian of absentee property in the West Bank and may not give it to settlers. In 1997 the Civil Administration's legal adviser gave his opinion: The Custodian of Absentee Property in the West Bank is nothing but a trustee looking after the property so it is not harmed while the owners are absent from

3549-461: The Geneva Conventions as part of customary international law, implying all states are duty bound to observe them. Israel alone challenges this premise, arguing that the West Bank and Gaza are "disputed territories", and that the Conventions do not apply because these lands did not form part of another state's sovereign territory, and that the transfer of Jews into areas like the West Bank is not

3640-611: The Genocide Convention and the Geneva Conventions.... The following are Israel's primary issues of concern [ie with the rules of the ICC]: – The inclusion of settlement activity as a "war crime" is a cynical attempt to abuse the Court for political ends. The implication that the transfer of civilian population to occupied territories can be classified as a crime equal in gravity to attacks on civilian population centres or mass murder

3731-625: The Israeli régime violates the basic human rights of the Palestinians by impeding the liberty of movement of the inhabitants of the Occupied Palestinian Territory (with the exception of Israeli citizens) and their exercise of the right to work, to health, to education and to an adequate standard of living. The International Committee of the Red Cross (ICRC) holds that the establishment of Israeli settlements violate Fourth Geneva Convention. The ICRC also holds that

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3822-544: The Israeli settlements and related activities a violation of international law. According to records of the 1998 meeting of Committee on the Elimination of Racial Discrimination , Theo van Boven said The status of the settlements was clearly inconsistent with Article 3 of the Convention, which, as noted in the Committee's General Recommendation XIX, prohibited all forms of racial segregation in all countries. There

3913-564: The Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory it states, at paragraph 120, that Article 49(6) "prohibits not only deportations or forced transfers of population…but also any measures taken by an occupying Power in order to organize or encourage transfers of parts of its own population into the occupied territory." All 13 judges were unanimous on the point. The Court also concluded that

4004-536: The Palestinians or Jordan. They added that the settlements in the West Bank and Gaza Strip were recognised as legitimate by the Mandate for Palestine adopted by the League of Nations , and that the only administration that completely prohibited Jewish settlement was that of Jordan from 1948 to 1967. Regarding the Geneva Convention, they maintained that the Israeli government was not forcibly transferring its population into

4095-692: The Polish/Lithuanian branch ("Minhag Polin"), used in eastern Europe, the United States and among Ashkenazim, particularly those who identify as " Lithuanian ", in Israel. The form used in the United Kingdom and the Commonwealth (except Canada, which follows the American style), known as " Minhag Anglia " is technically a subform of "Minhag Polin" but has many similarities to the German rite. See Singer's Siddur . Nusach Sefard

4186-515: The Prime Minister at the time, Levi Eshkol , knew that Israeli settlements in the territories Israel had just occupied would violate international laws and that by that time Eshkol had been actively engaged in exploring the possibility of settling the newly conquered region. Meron's unequivocal legal opinion was marked top secret and not made public. Fifty years later, Meron reiterated his view. The Israeli government proceeded to authorise

4277-462: The Sephardic and Mizrahi world. Another popular variant was the text known as Nusach ha-Hida , named after Chaim Yosef David Azulai . Both these versions were particularly influential in Greece, Iran, Turkey and North Africa. However, most communities also had unwritten customs which they would observe, rather than following the printed siddurim exactly: it is easy, from the printed materials, to get

4368-541: The United Nations Charter and are non-binding, being concerned with disputes that are to be resolved peacefully, whereas in the case of Iraq, the resolutions were passed under Chapter VII of the United Nations Charter , which are legally binding. Resolution 242 however, while often thought to have been introduced within the framework of Chapter 6, was considered by both the Arab States and Russia at

4459-473: The United Nations responded: A change in the policy position of one state does not modify existing international law nor its interpretation by the International Court of Justice (ICJ) and the Security Council, At the monthly meeting of the United Nations Security Council, just two days after the U.S. announcement, the 14 other Council members strongly opposed the U.S. position and before the meeting began, Britain, France, Germany, Belgium and Poland reiterated in

4550-433: The West Bank" to Jordan. Egypt and Jordan demanded simultaneous negotiations and withdrawal, with Jordan's King Hussein suggesting that if negotiations did not achieve peace within six months or a year, the withdrawn Israel troops could reoccupy the West Bank and make a separate peace treaty with the Palestinians. Levi Eshkol informed Washington it would return Syrian and Egyptian territory in exchange for peace, but there

4641-471: The West Bank, Gaza, and the Golan Heights after the 1967 war," and "In fact, the 2020 Human Rights Report does use the term "occupation" in the context of the current status of the West Bank. This has been the longstanding position of previous administrations of both parties over the course of many decades." In response to the United States announcement on 18 November 2019 that it no longer considers Israeli settlements to be inconsistent with international law,

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4732-453: The West Bank. The Israeli government's essential position is that rather than being "occupied territory," the West Bank is "disputed territory." Given that the Arab states prevented the formation of the sovereignty proposed by the 1947 partition resolution, Jordan's subsequent unrecognized annexation of the West Bank in 1950, as well as the fact that there has never been a Palestinian sovereignty in that territory, it has been posited that there

4823-419: The area ... the custodian may not make any transaction regarding the asset that conflicts with the obligation to safeguard the asset as stated, especially his obligation to return the asset to the owner upon his return to the region. Israel contends that the Geneva Convention only applies in the absence of an operative peace agreement and between two powers accepting the Convention. Since the Oslo Accords leave

4914-418: The building process, land was subsidized by the government. Most of the homes in Givat HaMivtar were privately built . The majority of the homes were two-family homes, originally one-story high, to which a second and often a third floor was added over time. Numerous archeological digs have been carried out in Givat HaMivtar. Sepulchers discovered in the course of the digs were determined to be Jewish tombs of

5005-490: The ceasefire lines and in the Jordan Valley. The fact that they had been established to initiate profitable agriculture was of no legal concern. William M. Brinton , an American publisher with a background in international law, held that Israel was "at least quasi-sovereign with respect to both areas [the West Bank and Gaza Strip] under principles of customary international law", and deemed the settlements legal. Almost all international lawyers and every state but Israel regard

5096-421: The construction of military settlements for security purposes. They were built on the fringes of the territories, along the Jordanian and Syrian frontiers and along the edges of the Sinai Peninsula. Israel announced that it accepted Security Council Resolution 242 and was ready to negotiate with each Arab state on each element in that resolution. Abba Eban told George Ball Israel was willing to return "most of

5187-480: The crisscross of Jordan bunkers that existed before the neighborhood was built, or the earthworks cutting through Mount Scopus to create a road from Jerusalem's Old City to Nablus . In July 1967, Prime Minister Levi Eshkol ordered government clerks to bypass the ordinary procedures to allow for Givat HaMivtar and the other hinge neighborhoods to be built as quickly as possible. When purchasing land encountered difficulties, some tracts were expropriated. To speed up

5278-406: The displacement of Palestinians that may occur due to the settlements also violates Article 49 of the Fourth Geneva Convention. In June 1980, the (then nine-member) European Economic Community declared in the Venice Declaration that "settlements, as well as modifications in population and property in the occupied Arab territories, are illegal under international law." In 2002 and again in 2012,

5369-400: The establishment of civilian settlements by military commanders was legal on the basis that they formed part of the territorial defense network and were considered temporary measures needed for military and security purposes. After Likud came to power in 1977, using land on the basis of the 1907 Hague Regulations, which implied a temporary nature of Israeli presence, was not employed anymore as

5460-473: The establishment of the civilian settlements in those territories is inconsistent with international law." Notwithstanding the Hansell opinion, the official US position had been that the settlements are "an obstacle to peace". In February 1981, Ronald Reagan announced that he didn't believe that Israeli settlements in the West Bank were illegal. He added that "the UN resolution leaves the West Bank open to all people, Arab and Israeli alike". Hoping to achieve

5551-452: The exercise of an Executive waiver . The U.S. views that parts of Jerusalem are not in Israel and the official U.S. position is that the status of Jerusalem must be resolved in negotiations. The EU views that Jerusalem is a corpus separatum , and the United Nations considers Israel's proclamation of Jerusalem as its capital to be "null and void". Israel has signed peace treaties with Egypt (removing all Israeli settlements and returning

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5642-409: The impression that usage in the Ottoman Empire around 1900 was more uniform than it really was. Other variants include: Under the influence of the former Sephardi Chief Rabbi, Rabbi Ovadia Yosef , many Israeli Sephardim have adopted a nusach based largely on the Nusach Edot Hamizrach but omitting some of the Kabbalistic additions. A "Temani" nosach was the standard among the Jews of Yemen . This

5733-400: The international community regard the West Bank as occupied, Israel calls them "disputed". The argument that Israel had a claim to the territories was first articulated after 1967 by Yehuda Zvi Blum and then adopted by Israel’s Attorney General Meir Shamgar . Israel has treated them in three different ways: The Jerusalem Law and the Golan Heights Law have both been deemed illegal by

5824-483: The international will, constitutes a flagrant violation of international law and relevant conventions, agreements and international legitimacy resolutions, and represents a manifest aggression on the rights of the Palestinian people to their land". The human rights groups Amnesty International , Human Rights Watch and B'Tselem have reiterated their view that Israeli settlements as violations of international law. The Anti-Defamation League disagrees, asserting that

5915-430: The issue of settlements to be negotiated later, proponents of this view argue that the Palestinians accepted the temporary presence of Israeli settlements pending further negotiation, and that there is no basis for declaring them illegal. Israel has justified its civilian settlements by claiming that a temporary use of land and buildings for various purposes appears permissible under a plea of military necessity and that

6006-454: The national home of the Jewish people, and not as the homeland of "a fictitious, non-existent entity, the Palestinian people ." The Anglo-American Treaty of 1924 still has the force of law pursuant to Article 80 of the UN Charter by virtue of the 1969 Vienna Convention on the Laws of Treaties . Israel considers its settlement policy to be consistent with international law, including the Fourth Geneva Convention, while recognizing that some of

6097-484: The new government declared land in the West Bank "state land". In 1978 and 1979 the Israeli Supreme court, prompted by the new government policies, ruled on two important cases that set out the requirements for Israeli settlement legality under international law. In Ayauub et al . vs. Minister of Defence (the Beit-El Toubas case), the Court determined that the Hague Conventions but not the Geneva Conventions could be applied by Israeli courts on land and settlement issues in

6188-454: The occupation of the West Bank in 1967, numerous United Nations resolutions , including 446 , 452 , 465 , 471 and 476 affirm unambiguously that Israel's occupation is illegal, and, since Resolution 446 adopted on 22 March 1979, have confirmed that its settlements there have no legal validity and pose a serious obstacle to peace. United Nations Security Council Resolution 2334 of 2016 states that Israel's settlement activity constitutes

6279-449: The occupied territories. The following year the Court ruled on Dwikat et al . vs. the Government of Israel (the Elon Moreh case), outlining the Hague Conventions' limitations on Israeli land acquisition and settlements. Settlements, whether on private or public land, could not be considered permanent, nor could the land be permanently confiscated, only temporarily requisitioned. Settlements on private land were legal only if determined to be

6370-437: The realization of the national rights of the Palestinian people and the achievement of a peaceful solution is the settler colonialism that has been carried out in the Occupied Palestinian Territory, including East Jerusalem, since 1967, through land confiscation, settlement building and the transfer of Israeli nationals to the Occupied Territory." The Organisation of Islamic Cooperation views settlements as "a blatant defiance of

6461-448: The reconvened Conference of the High Contracting Parties to the Geneva Conventions in 2014 declared the settlements illegal as well as the International Committee of the Red Cross . Israel disputes the illegality of its settlements, claiming that Israeli citizens were neither deported nor transferred to the territories, that the territory is not occupied since there had been no internationally recognized legal sovereign prior, and that

6552-541: The remains of the family of "Simon, builder of the temple" (Simon Bana Hekhalah), probably a builder of the Herodian Temple , as his name indicates. A third archaeologically interesting tomb on Givat HaMivtar is that of "Abba, son [descendant?] of the priest Eleazar, son [descendant] of Aaron the high (priest)." The inscription is in Aramaic , but written in the by then anachronistic ancient Hebrew script . In

6643-539: The result of numerous UN resolutions that cite Article 49 of the Geneva Convention, the consensus view of the international community is that Israeli settlements are illegal and constitute a violation of international law. According to Tim Franks from the BBC , as of 2008 every government in the world, except Israel, considered the settlements to be illegal. In November 2019, the United States said that it no longer views them as inconsistent with international law. Since

6734-515: The rite itself among different types of Chasidim, with some more similar to Ashkenaz and other more similar to Sephardic. Nusach Ari means, in a general sense, any prayer rite following the usages of Rabbi Isaac Luria, the AriZal, in the 16th century. Many Chabad Hasidim refer to their variant of Nusach Sefard as Nusach Ari, although Chabad siddurim always say "based on the Ari rite" (על פי נוסח האר"י),

6825-450: The settlements are legal under international law, on a number of different grounds, among them that "settlements are the voluntary return of individuals in towns and villages from which they or their ancestors have been ousted.. Israel has valid claims to title in the territory based..on historic and religious connection to the land". Stone held that it was legal for Israel to establish Nahal settlements , necessary for military purposes along

6916-586: The settlements as being "not inconsistent with" international law. Secretary of State Mike Pompeo also said: "The hard truth is that there will never be a judicial resolution to the conflict, and arguments about who is right and who is wrong as a matter of international law will not bring peace." However, Pompeo added that "the United States Government is expressing no view on the legal status of any individual settlement." The United States has never voted in favor of any UN Resolution calling

7007-560: The settlements fulfilled security needs. Yehuda Blum further argued in 1971 that United Nations Security Council Resolution 242 calls for "secure and recognized boundaries", and that neither the 1949 armistice demarcation lines, nor the 1967 cease-fire lines have proved themselves secure. In 2002, the Israeli Ministry of Foreign Affairs reiterated that the settlements were being developed consistently with international law and that they did not violate any agreements with either

7098-604: The settlements illegal except for Resolution 465 in 1980. In that case the Carter administration subsequently announced that the vote had been cast in error due to miscommunication and would have abstained as it had for Resolution 446 and Resolution 452 . Three US Ambassadors to the UN have stated that Israeli settlements are illegal: George H. W. Bush (later US president) on 25 September 1971, William Scranton on 25 May 1976, and Samantha Power on 23 December 2016. Secretaries of State Cyrus Vance and John Kerry also said

7189-500: The settlements illegal. In December 2016, the U.S. abstained on a Security Council Resolution that declared that Israeli settlements are illegal and deemed their continuing construction a "flagrant violation" of international law. In abstaining, U.S. Ambassador Samantha Power stated, "Today the Security Council reaffirmed its established consensus that the settlements have no legal validity. The United States has been sending

7280-495: The settlements were illegal. The United States had consistently described the settlements as an obstruction to peace, and sometimes as illegal. In November 2019, US President Donald Trump expressed the position that the settlements were not illegal and rejected the position that the West Bank is occupied territory. However, on 31 March 2021, the US Department of State clarified "It is a historical fact that Israel occupied

7371-499: The smaller settlements have been constructed "illegally" in the sense of being in violation of Israeli law. In 1998 the Israeli Minister of Foreign Affairs produced The International Criminal Court Background Paper . It affirms in conclusion that International law has long recognised that there are crimes of such severity they should be considered "international crimes". Such crimes have been established in treaties such as

7462-549: The statement that "settlements are a violation of international law" is inaccurate, and providing activists with a list of responses for maintaining that they do not violate those laws. In 2024, the Norwegian Minister of Foreign Affairs Espen Barth Eide stated, "Israel’s settlement policy in the West Bank, including East Jerusalem, is in violation of international law, including international humanitarian law and human rights". Morris B. Abram , an American lawyer who

7553-560: The territories. Neither had the land that was being settled been under the legitimate sovereignty of any state beforehand. It further highlighted that no clauses in the Convention could be used to prohibit the voluntary return of individuals to towns and villages from which they or their ancestors had been previously ejected by forcible means. It claimed the settlements had only been established after exhaustive investigations making sure none were built on private land. Canada , agreeing with UN Security Council Resolutions 446 and 465, argues that

7644-459: The time there were exactly 12 Jewish communities in Luria's city of Safed , and each community's nusach was meant to stand in place of that of one of the tribes. Most halakhic authorities believe that one should follow the nusach of one's family, or at the very least follow one nusach consistently. Rabbi David Bar-Hayim disputes this and permits a Jew to change his nusach at any time, even on

7735-524: The time to be binding. In 2004, an advisory opinion by the International Court of Justice concluded that Israel had breached its obligations under international law by establishing settlements in the West Bank, including East Jerusalem and that Israel cannot rely on a right of self-defence or on a state of necessity in order to preclude the wrongfulness of imposing a régime, which is contrary to international law. In its 2004 advisory opinion on

7826-565: The tomb prepared for his family, Abba, who had been exiled to Babylon , secretly brought back to Jerusalem and buried the remains of "Mattathiah son of Juda(h)". Some believe that Mattathiah son of Judah was Antigonus II Mattathias , the exiled heir of the Kingdom of Judea . However, according to anthropologist Joe Zias , former Curator of Archaeology and Anthropology for the Israel Antiquities Authority , this theory

7917-499: The two neighborhoods in order to serve them both. High schools are located on French Hill and Ma'allot Dafna. The first synagogue in Givat HaMivtar was unique in that prayer services followed a non-specific nusach so that Jews of all ethnic groups could pray there. In the first decade of this millennium, many of the neighborhood's secular and Modern Orthodox residents have moved out, and ultra-Orthodox Jews have become

8008-536: Was based on the provisions of the Fourth Geneva Convention and UN Security Council resolutions that condemned the establishment of settlements and attempts by Israel to alter the demographics of the territories under its control. The United Nations General Assembly , which regards itself as having a chief role in the process of the codification of international law, has passed several resolutions with an overwhelming majority that denounce settlements as being illegal. The United Nations Human Rights Council has also called

8099-671: Was being targeted. As formulated it states that one type of offence occurs when the perpetrator transfers "directly or indirectly" a portion of its own population into an occupied territory, stipulating that "transfer" must be understood "in accordance with the relevant provisions of international law." Israel initially voted against the Statute because of this passage, but later, in December 2000, signed it, only to declare in June 2002, that it had no intention of ratifying it. At present, based on

8190-504: Was involved in drafting the Fourth Geneva Convention, argued that the convention "was not designed to cover situations like Israeli settlements in the occupied territories, but rather the forcible transfer, deportation or resettlement of large numbers of people." International law expert Julius Stone , Professor of Jurisprudence and International Law at the University of Sydney , and Eugene Rostow , Dean of Yale Law School , argued that

8281-460: Was no mention of returning the West Bank, though secret talks with Jordan did take place over possible forms of accommodation between the two countries regarding it. In the meantime, with government permission granted, Kfar Etzion was re-established in September 1967, becoming the first civilian settlement to be built in the West Bank. During the 1970s, Israel's Supreme Court regularly ruled that

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