Netiv HaGdud ( Hebrew : נְתִיב הַגְּדוּד , lit. 'Path of the Battalion') is an Israeli settlement organized as a moshav in the West Bank . Located in the Jordan Valley around twenty kilometres north of Jericho , it falls under the jurisdiction of Bik'at HaYarden Regional Council . In 2022 it had a population of 214.
122-673: The international community considers Israeli settlements in the West Bank illegal under international law , but the Israeli government disputes this. According to ARIJ , in order to construct Netiv HaGdud, Israel confiscated land from two nearby Palestinian villages: 215 dunams (215000 m) from Fasayil , and 993 dunams (993,000 m) from Al-Auja . The settlement was established in April 1975 by members who had been preparing in Ma'ale Efraim , and
244-597: 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
366-652: A force of tanks, infantry and engineers under Colonel Yisrael Granit to continue down the Mediterranean coast towards the Suez Canal , while a second force led by Gonen himself turned south and captured Bir Lahfan and Jabal Libni. Further south, on 6 June, the Israeli 38th Armored Division under Major-General Ariel Sharon assaulted Um-Katef , a heavily fortified area defended by the Egyptian 2nd Infantry Division under Major-General Sa'adi Naguib (though Naguib
488-577: 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
610-548: 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
732-494: A large number of top-of-the-line MiG-21s . Of particular concern to the Israelis were the 30 Tu-16 "Badger" medium bombers , capable of inflicting heavy damage on Israeli military and civilian centers. Israeli weapons were mainly of Western origin. Its air force was composed principally of French aircraft, while its armored units were mostly of British and American design and manufacture. Some light infantry weapons, including
854-737: A mass attack against Egypt's airfields . The Egyptian defensive infrastructure was extremely poor, and no airfields were yet equipped with hardened aircraft shelters capable of protecting Egypt's warplanes. Most of the Israeli warplanes headed out over the Mediterranean Sea , flying low to avoid radar detection, before turning toward Egypt. Others flew over the Red Sea . Meanwhile, the Egyptians hindered their own defense by effectively shutting down their entire air defense system: they were worried that rebel Egyptian forces would shoot down
976-626: 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
1098-560: A mine attack that left three dead, the Israeli Defense Force (IDF) attacked the village of as-Samu in the Jordanian-ruled West Bank. Jordanian units that engaged the Israelis were quickly beaten back. King Hussein of Jordan criticized Egyptian President Gamal Abdel Nasser for failing to come to Jordan's aid, and "hiding behind UNEF skirts". In May 1967, Nasser received false reports from
1220-529: 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
1342-594: A result of the Six-Day War would have long-term consequences, as around 280,000 to 325,000 Palestinians and 100,000 Syrians fled or were expelled from the West Bank and the Golan Heights, respectively. Nasser resigned in shame after Israel's victory, but was later reinstated following a series of protests across Egypt. In the aftermath of the conflict, Egypt closed the Suez Canal until 1975 . After
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#17327656047731464-587: A single aircraft to sortie up to four times a day, as opposed to the norm in Arab air forces of one or two sorties per day. This enabled the Israeli Air Force (IAF) to send several attack waves against Egyptian airfields on the first day of the war, overwhelming the Egyptian Air Force and allowed it to knock out other Arab air forces on the same day. This has contributed to the Arab belief that
1586-578: A third artillery battery had been added. These forces remained in Jordan until the end of 1977, when they were recalled for re-equipment and retraining in the Karak region near the Dead Sea. The Arab air forces were reinforced by aircraft from Libya, Algeria, Morocco, Kuwait, and Saudi Arabia to make up for the massive losses suffered on the first day of the war. They were also aided by volunteer pilots from
1708-562: A total strength of 75,000 and was deployed along the border with Israel. Professor David W. Lesch wrote that "One would be hard-pressed to find a military less prepared for war with a clearly superior foe" since Syria's army had been decimated in the months and years prior through coups and attempted coups that had resulted in a series of purges, fracturings and uprisings within the armed forces. The Jordanian Armed Forces included 11 brigades, totaling 55,000 troops. Nine brigades (45,000 troops, 270 tanks, 200 artillery pieces) were deployed in
1830-466: 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 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
1952-458: 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
2074-659: 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
2196-479: 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
2318-467: The Arish airfield was spared, as the Israelis expected to turn it into a military airport for their transports after the war. Surviving aircraft were taken out by later attack waves. The operation was more successful than expected, catching the Egyptians by surprise and destroying virtually all of the Egyptian Air Force on the ground, with few Israeli losses. Only four unarmed Egyptian training flights were in
2440-700: 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
2562-628: The Golan Heights Law have both been deemed illegal by 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
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#17327656047732684-737: 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 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,
2806-647: The Jerusalem Brigade and the mechanized Harel Brigade . Mordechai Gur 's 55th Paratroopers Brigade was summoned from the Sinai front. The 10th Armored Brigade was stationed north of the West Bank. The Israeli Northern Command comprised a division of three brigades led by Major General Elad Peled which was stationed in the Jezreel Valley to the north of the West Bank. On the eve of the war, Egypt massed approximately 100,000 of its 160,000 troops in
2928-553: The June War , 1967 Arab–Israeli War or Third Arab–Israeli War , was fought between Israel and a coalition of Arab states , primarily Egypt , Syria , and Jordan from 5 to 10 June 1967. Military hostilities broke out amid poor relations between Israel and its Arab neighbors, which had been observing the 1949 Armistice Agreements signed at the end of the First Arab–Israeli War . In 1956, regional tensions over
3050-767: The Khan Yunis railway junction in a little over four hours. Gonen's brigade then advanced nine miles to Rafah in twin columns. Rafah itself was circumvented, and the Israelis attacked Sheikh Zuweid , 13 kilometres (8 mi) to the southwest, which was defended by two brigades. Though inferior in numbers and equipment, the Egyptians were deeply entrenched and camouflaged. The Israelis were pinned down by fierce Egyptian resistance and called in air and artillery support to enable their lead elements to advance. Many Egyptians abandoned their positions after their commander and several of his staff were killed. The Israelis broke through with tank-led assaults, but Aviram's forces misjudged
3172-585: The Pakistan Air Force acting in an independent capacity. PAF pilots like Saiful Azam shot down several Israeli planes. With the exception of Jordan, the Arabs relied principally on Soviet weaponry. Jordan's army was equipped with American weaponry, and its air force was composed of British aircraft. Egypt had by far the largest and the most modern of all the Arab air forces, consisting of about 420 combat aircraft, all of them Soviet-built and with
3294-525: 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
3416-815: The Soviet Union that Israel was massing on the Syrian border. Nasser began massing his troops in two defensive lines in the Sinai Peninsula on Israel's border (16 May), expelled the UNEF force from Gaza and Sinai (19 May) and took over UNEF positions at Sharm el-Sheikh , overlooking the Straits of Tiran . Israel repeated declarations it had made in 1957 that any closure of the Straits would be considered an act of war, or justification for war, but Nasser closed
3538-675: The Straits of Tiran (giving access to Eilat , a port on the southeast tip of Israel) escalated in what became known as the Suez Crisis , when Israel invaded Egypt over the Egyptian closure of maritime passageways to Israeli shipping , ultimately resulting in the re-opening of the Straits of Tiran to Israel as well as the deployment of the United Nations Emergency Force (UNEF) along the Egypt–Israel border . In
3660-578: 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
3782-507: The West Bank , including the elite armored 40th, and two in the Jordan Valley . They possessed sizable numbers of M113 APCs and were equipped with some 300 modern Western tanks, 250 of which were U.S. M48 Pattons . They also had 12 battalions of artillery, six batteries of 81 mm and 120 mm mortars, a paratrooper battalion trained in the new U.S.-built school and a new battalion of mechanized infantry . The Jordanian Army
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3904-495: The 1956 Suez Crisis , Egypt agreed to the stationing of a United Nations Emergency Force (UNEF) in the Sinai to ensure all parties would comply with the 1949 Armistice Agreements . In the following years there were numerous minor border clashes between Israel and its Arab neighbors, particularly Syria. In early November 1966, Syria signed a mutual defense agreement with Egypt. Soon after this, in response to Palestine Liberation Organisation (PLO) guerilla activity, including
4026-416: The 7th Brigade to outflank Khan Yunis from the north and the 60th Armored Brigade under Colonel Menachem Aviram would advance from the south. The two brigades would link up and surround Khan Yunis, while the paratroopers would take Rafah . Gonen entrusted the breakthrough to a single battalion of his brigade. Initially, the advance was met with light resistance, as Egyptian intelligence had concluded that it
4148-548: 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
4270-609: 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. Six-Day War Israel occupies a total of 70,000 km (27,000 sq mi) of territory: Egypt: 9,800–15,000 killed or missing 4,338 captured Syria: 1,000–2,500 killed 367–591 captured Jordan: 696–700 killed 2,500 wounded 533 captured Lebanon: 1 aircraft lost The Six-Day War , also known as
4392-700: The Court determined that the Hague Conventions but not the Geneva Conventions could be applied by Israeli courts on land and settlement issues in 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
4514-543: 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
4636-521: The Egyptian forces in both timing (the attack exactly coinciding with the IAF strike on Egyptian airfields), and in location (attacking via northern and central Sinai routes, as opposed to the Egyptian expectations of a repeat of the 1956 war, when the IDF attacked via the central and southern routes) and method (using a combined-force flanking approach, rather than direct tank assaults). On 5 June, at 7:50 am,
4758-459: The Egyptian military into defensive lines along the border with Israel and ordered the immediate withdrawal of all UNEF personnel. On 5 June 1967, as the UNEF was in the process of leaving the zone, Israel launched a series of preemptive airstrikes against Egyptian airfields and other facilities. Egyptian forces were caught by surprise, and nearly all of Egypt's military aerial assets were destroyed, giving Israel air supremacy . Simultaneously,
4880-466: The Egyptians' flank and were pinned between strongholds before they were extracted after several hours. By nightfall, the Israelis had finished mopping up resistance. Israeli forces had taken significant losses, with Colonel Gonen later telling reporters that "we left many of our dead soldiers in Rafah and many burnt-out tanks." The Egyptians suffered some 2,000 casualties and lost 40 tanks. On 5 June, with
5002-570: 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 the reconvened Conference of the High Contracting Parties to the Geneva Conventions in 2014 declared
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5124-670: 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
5246-565: 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
5368-461: 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
5490-559: 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
5612-621: The Hawker Hunter was essentially on par with the French-built Dassault Mirage III – the IAF's best plane. One hundred Iraqi tanks and an infantry division were readied near the Jordanian border. Two squadrons of Iraqi fighter-aircraft, Hawker Hunters and MiG 21s , were rebased adjacent to the Jordanian border. In the weeks leading up to the Six-Day War, Saudi Arabia mobilized forces for deployment to
5734-408: The IAF was helped by foreign air forces (see Controversies relating to the Six-Day War ). Pilots were extensively schooled about their targets, were forced to memorize every single detail, and rehearsed the operation multiple times on dummy runways in total secrecy. The Egyptians had constructed fortified defenses in the Sinai. These designs were based on the assumption that an attack would come along
5856-776: 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 is not a party), and is currently under investigation as part of the International Criminal Court investigation in Palestine . Shortly after independence,
5978-562: The Iraqi army began deploying troops and armored units in Jordan. They were later reinforced by an Egyptian contingent. On 1 June, Israel formed a National Unity Government by widening its cabinet, and on 4 June the decision was made to go to war. The next morning, Israel launched Operation Focus , a large-scale, surprise air strike that launched the Six-Day War. Before the war, Israeli pilots and ground crews had trained extensively in rapid refitting of aircraft returning from sorties , enabling
6100-418: 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 the Sinai Peninsula , the Gaza Strip , West Bank , East Jerusalem and Golan Heights . Theodor Meron , at the time the Israeli government's authority on
6222-518: The Israeli military launched a ground offensive into Egypt's Sinai Peninsula as well as the Egyptian-occupied Gaza Strip . After some initial resistance, Nasser ordered an evacuation of the Sinai Peninsula; by the sixth day of the conflict, Israel had occupied the entire Sinai Peninsula . Jordan, which had entered into a defense pact with Egypt just a week before the war began, did not take on an all-out offensive role against Israel, but launched attacks against Israeli forces to slow Israel's advance. On
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#17327656047736344-479: 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
6466-427: 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
6588-409: The Jordanian front. A Saudi infantry battalion entered Jordan on 6 June 1967, followed by another on the 8th. Both were based in Jordan's southernmost city, Ma'an . By 17 June, the Saudi contingent in Jordan had grown to include a single infantry brigade, a tank company, two artillery batteries, a heavy mortar company, and a maintenance and support unit. By the end of July 1967, a second tank company and
6710-434: 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
6832-429: 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
6954-437: The Sinai at the outset of the war, and 34 US personnel killed in the USS Liberty incident in which Israeli air forces struck a United States Navy technical research ship . At the time of the cessation of hostilities, Israel had occupied the Golan Heights from Syria, the West Bank including East Jerusalem from Jordan, and the Sinai Peninsula and the Gaza Strip from Egypt. The displacement of civilian populations as
7076-448: The Sinai towards El Qantara and the Suez Canal . The Egyptians had four divisions in the area, backed by minefields, pillboxes, underground bunkers, hidden gun emplacements and trenches. The terrain on either side of the route was impassable. The Israeli plan was to hit the Egyptians at selected key points with concentrated armor. Tal's advance was led by the 7th Armored Brigade under Colonel Shmuel Gonen . The Israeli plan called for
7198-416: The Sinai, including all seven of its divisions (four infantry, two armored and one mechanized), four independent infantry brigades and four independent armored brigades. Over a third of these soldiers were veterans of Egypt's continuing intervention into the North Yemen Civil War and another third were reservists. These forces had 950 tanks, 1,100 APCs, and more than 1,000 artillery pieces. Syria's army had
7320-457: The Straits to Israeli shipping on 22–23 May. After the war, U.S. President Lyndon Johnson commented: If a single act of folly was more responsible for this explosion than any other, it was the arbitrary and dangerous announced decision that the Straits of Tiran would be closed. The right of innocent, maritime passage must be preserved for all nations. On 30 May, Jordan and Egypt signed a defense pact. The following day, at Jordan's invitation,
7442-446: The U.S. view. The Israeli army had a total strength, including reservists, of 264,000, though this number could not be sustained during a long conflict, as the reservists were vital to civilian life. Against Jordan's forces on the West Bank , Israel deployed about 40,000 troops and 200 tanks (eight brigades). Israeli Central Command forces consisted of five brigades. The first two were permanently stationed near Jerusalem and were
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#17327656047737564-406: 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
7686-473: 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
7808-471: 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,
7930-477: The West Bank, not even East Jerusalem (Israel did however demanded control over Jewish cemeteries of East Jerusalem). While most of 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
8052-453: 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
8174-480: The Western press, but the fact that the Egyptian Air Force, along with other Arab air forces attacked by Israel, made practically no appearance for the remaining days of the conflict proved that the numbers were most likely authentic. Throughout the war, Israeli aircraft continued strafing Arab airfield runways to prevent their return to usability. Meanwhile, Egyptian state-run radio had reported an Egyptian victory, falsely claiming that 70 Israeli planes had been downed on
8296-620: The air when the strike began. A total of 338 Egyptian aircraft were destroyed and 100 pilots were killed, although the number of aircraft lost by the Egyptians is disputed. Among the Egyptian planes lost were all 30 Tu-16 bombers, 27 out of 40 Il-28 bombers, 12 Su-7 fighter-bombers, over 90 MiG-21s , 20 MiG-19s , 25 MiG-17 fighters, and around 32 transport planes and helicopters. In addition, Egyptian radars and SAM missiles were also attacked and destroyed. The Israelis lost 19 planes, including two destroyed in air-to-air combat and 13 downed by anti-aircraft artillery. One Israeli plane, which
8418-464: The airport at 7:50 am. The Israelis entered the city at 8:00 am. Company commander Yossi Peled recounted that "Al-Arish was totally quiet, desolate. Suddenly, the city turned into a madhouse. Shots came at us from every alley, every corner, every window and house." An IDF record stated that "clearing the city was hard fighting. The Egyptians fired from the rooftops, from balconies and windows. They dropped grenades into our half-tracks and blocked
8540-419: 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
8662-460: The basis of the 1907 Hague Regulations, which implied a temporary nature of Israeli presence, was not employed anymore as 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),
8784-414: The border with Egypt included six armored brigades , one infantry brigade, one mechanized infantry brigade, three paratrooper brigades, giving a total of around 70,000 men and 700 tanks, who were organized in three armored divisions. They had massed on the border the night before the war, camouflaging themselves and observing radio silence before being ordered to advance. The Israeli plan was to surprise
8906-553: 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
9028-697: 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 , the International Committee of the Red Cross , the International Court of Justice and the High Contracting Parties to the Convention have all affirmed that
9150-623: The direct assistance of the Soviet Union, are no match for the Israelis. ... Even with 50,000 troops and the best of his generals and air force in Yemen, he has not been able to work his way in that small and primitive country, and even his effort to help the Congo rebels was a flop." On the eve of the war, Israel believed it could win a war in 3–4 days. The United States estimated Israel would need 7–10 days to win, with British estimates supporting
9272-474: 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,
9394-473: 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
9516-502: 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 the Prime Minister at the time, Levi Eshkol , knew that Israeli settlements in
9638-483: The few roads leading through the desert, rather than through the difficult desert terrain. The Israelis chose not to risk attacking the Egyptian defenses head-on, and instead surprised them from an unexpected direction. James Reston, writing in The New York Times on 23 May 1967, noted, "In; discipline, training, morale, equipment and general competence his [Nasser's] army and the other Arab forces, without
9760-470: The fifth day, Syria joined the war by shelling Israeli positions in the north. Egypt and Jordan agreed to a ceasefire on 8 June, and Syria on 9 June, and it was signed with Israel on 11 June. The Six-Day War resulted in more than 15,000 Arab fatalities, while Israel suffered fewer than 1,000. Alongside the combatant casualties were the deaths of 20 Israeli civilians killed in Arab forces air strikes on Jerusalem, 15 UN peacekeepers killed by Israeli strikes in
9882-546: The first day of fighting. The Egyptian forces consisted of seven divisions : four armored , two infantry , and one mechanized infantry . Overall, Egypt had around 100,000 troops and 900–950 tanks in the Sinai, backed by 1,100 APCs and 1,000 artillery pieces. This arrangement was thought to be based on the Soviet doctrine, where mobile armor units at strategic depth provide a dynamic defense while infantry units engage in defensive battles. Israeli forces concentrated on
10004-537: 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 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
10126-483: 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
10248-430: 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
10370-464: The land be permanently confiscated, only temporarily requisitioned. Settlements on private land were legal only if determined to be 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
10492-642: The law to implement a move of the embassy can be deferred or blocked by 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
10614-567: 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 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
10736-473: The months prior to the outbreak of the Six-Day War in June 1967, tensions again became dangerously heightened : Israel reiterated its post-1956 position that another Egyptian closure of the Straits of Tiran to Israeli shipping would be a definite casus belli . In May 1967, Egyptian president Gamal Abdel Nasser announced that the Straits of Tiran would again be closed to Israeli vessels. He subsequently mobilized
10858-676: 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
10980-439: The northernmost Israeli division, consisting of three brigades and commanded by Major General Israel Tal , one of Israel's most prominent armor commanders, crossed the border at two points, opposite Nahal Oz and south of Khan Yunis . They advanced swiftly, holding fire to prolong the element of surprise. Tal's forces assaulted the "Rafah Gap", an 11-kilometre (7 mi) stretch containing the shortest of three main routes through
11102-454: 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
11224-472: The plane carrying Field Marshal Abdel Hakim Amer and Lt-Gen. Sidqi Mahmoud, who were en route from al Maza to Bir Tamada in the Sinai to meet the commanders of the troops stationed there. It did not make a great deal of difference as the Israeli pilots came in below Egyptian radar cover and well below the lowest point at which its SA-2 surface-to-air missile batteries could bring down an aircraft. Although
11346-556: The powerful Jordanian radar facility at Ajloun detected waves of aircraft approaching Egypt and reported the code word for "war" up the Egyptian command chain, Egyptian command and communications problems prevented the warning from reaching the targeted airfields. The Israelis employed a mixed-attack strategy: bombing and strafing runs against planes parked on the ground, and bombing to disable runways with special tarmac-shredding penetration bombs developed jointly with France, leaving surviving aircraft unable to take off. The runway at
11468-591: 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
11590-539: 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
11712-531: The road open, Israeli forces continued advancing towards Arish . Already by late afternoon, elements of the 79th Armored Battalion had charged through the 11-kilometre (7 mi)-long Jiradi defile, a narrow pass defended by well-emplaced troops of the Egyptian 112th Infantry Brigade. In fierce fighting, which saw the pass change hands several times, the Israelis charged through the position. The Egyptians suffered heavy casualties and tank losses, while Israeli losses stood at 66 dead, 93 wounded and 28 tanks. Emerging at
11834-450: 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
11956-586: 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
12078-560: 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
12200-462: 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 the Fourth Geneva Convention does not de jure apply. However, all of Israel's arguments have been refuted by
12322-604: 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
12444-500: 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
12566-495: 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
12688-499: 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
12810-549: 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
12932-504: The streets with trucks. Our men threw the grenades back and crushed the trucks with their tanks." Gonen sent additional units to Arish, and the city was eventually taken. Brigadier-General Avraham Yoffe 's assignment was to penetrate Sinai south of Tal's forces and north of Sharon's. Yoffe's attack allowed Tal to complete the capture of the Jiradi defile, Khan Yunis. All of them were taken after fierce fighting. Gonen subsequently dispatched
13054-454: 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 the construction of military settlements for security purposes. They were built on
13176-560: 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
13298-524: 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
13420-597: 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 the administered territories contravenes
13542-505: The ubiquitous Uzi , were of Israeli origin. The first and most critical move of the conflict was a surprise Israeli attack on the Egyptian Air Force . Initially, both Egypt and Israel announced that they had been attacked by the other country. On 5 June at 7:45 Israeli time, with civil defense sirens sounding all over Israel, the IAF launched Operation Focus ( Moked ). All but 12 of its nearly 200 operational jets launched
13664-464: The west were to engage Egyptian forces on Um-Katef ridge and block any reinforcements. Israeli infantry would clear the three trenches, while heliborne paratroopers would land behind Egyptian lines and silence their artillery. An armored thrust would be made at al-Qusmaya to unnerve and isolate its garrison. As Sharon's division advanced into the Sinai, Egyptian forces staged successful delaying actions at Tarat Umm, Umm Tarfa, and Hill 181. An Israeli jet
13786-413: The western end, Israeli forces advanced to the outskirts of Arish. As it reached the outskirts of Arish, Tal's division also consolidated its hold on Rafah and Khan Yunis. The following day, 6 June, the Israeli forces on the outskirts of Arish were reinforced by the 7th Brigade, which fought its way through the Jiradi pass. After receiving supplies via an airdrop, the Israelis entered the city and captured
13908-432: Was a diversion for the main attack. As Gonen's lead battalion advanced, it suddenly came under intense fire and took heavy losses. A second battalion was brought up, but was also pinned down. Meanwhile, the 60th Brigade became bogged down in the sand, while the paratroopers had trouble navigating through the dunes. The Israelis continued to press their attack, and despite heavy losses, cleared the Egyptian positions and reached
14030-399: Was a long-term-service, professional army, relatively well-equipped and well-trained. Israeli post-war briefings said that the Jordanian staff acted professionally, but was always left "half a step" behind by the Israeli moves. The small Royal Jordanian Air Force consisted of only 24 British-made Hawker Hunter fighters, six transport aircraft and two helicopters. According to the Israelis,
14152-567: Was actually absent ) of Soviet World War II armor, which included 90 T-34-85 tanks, 22 SU-100 tank destroyers, and about 16,000 men. The Israelis had about 14,000 men and 150 post-World War II tanks including the AMX-13 , Centurions , and M50 Super Shermans (modified M-4 Sherman tanks). Two armored brigades in the meantime, under Avraham Yoffe, slipped across the border through sandy wastes that Egypt had left undefended because they were considered impassable. Simultaneously, Sharon's tanks from
14274-536: 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
14396-620: 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
14518-600: Was damaged and unable to break radio silence, was shot down by Israeli Hawk missiles after it strayed over the Negev Nuclear Research Center . Another was destroyed by an exploding Egyptian bomber. The attack guaranteed Israeli air supremacy for the rest of the war. Attacks on other Arab air forces by Israel took place later in the day as hostilities broke out on other fronts. The large numbers of Arab aircraft claimed destroyed by Israel on that day were at first regarded as "greatly exaggerated" by
14640-431: Was downed by anti-aircraft fire, and Sharon's forces came under heavy shelling as they advanced from the north and west. The Israeli advance, which had to cope with extensive minefields, took a large number of casualties. A column of Israeli tanks managed to penetrate the northern flank of Abu Ageila , and by dusk, all units were in position. The Israelis then brought up ninety 105 mm and 155 mm artillery cannon for
14762-504: 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
14884-529: Was named after the 38th Battalion of the Jewish legion , which fought in the Jordan Valley during World War I . In May 1977 it moved to its present site. A nearby archaeological site , which has been excavated by Ofer Bar-Yosef amongst others, has produced remains from the Neolithic era, including Pre-Pottery Neolithic A . International law and Israeli settlements Israeli settlements in
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