US says Israeli settlements on occupied Palestinian land no longer considered illegal

The US has declared that Israeli settlements on occupied Palestinian land are not necessarily illegal, in a dramatic break with decades of international law, US policy and the established position of most US allies.

“Calling the establishment of civilian settlements inconsistent with international law has not advanced the cause of peace,” said Mike Pompeo, the US secretary of state. “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.”

He said the legality of individual settlements should be decided by the Israeli courts, and claimed that the US declaration would not prejudice an ultimate comprehensive settlement between Israelis and Palestinians. Pompeo even suggested the move would “provide the very space for Israelis and Palestinians to come together to find a political solution”.

The US embassy in Jerusalem, however, appeared to be bracing for a hostile reaction from Palestinians, issuing a warning against travel to Jerusalem, the West Bank and Gaza.

Senior Palestinian politician Saeb Erekat said: “Once again, with this announcement, the Trump administration is demonstrating the extent to which it’s threatening the international system with its unceasing attempts to replace international law with the ‘law of the jungle’.”

Jordan’s foreign minister, Ayman Safadi, responded with a tweet saying that settlements were “a blatant violation” of international law which would have “dangerous consequences”.

At the same time, Israel’s prime minister, Benjamin Netanyahu, immediately lauded the announcement, saying the US had righted a “historical wrong” and accepted the “reality on the ground”.

The US declaration marks the rejection of a 2016 UN security council resolution that settlements on the West Bank are a “flagrant violation” of international law and the US legal position on the issue since 1978. It is also a renunciation of the Fourth Geneva Convention, which outlaws transfers of population by an occupying power, and a new rift with US allies in Europe and in the Islamic world.

In a statement issued little more than an hour after Pompeo had spoken, the European Union’s foreign policy chief, Federica Mogherini said the EU policy on Israeli settlements “is clear and remains unchanged: all settlement activity is illegal under international law and it erodes the viability of the two-state solution and the prospects for a lasting peace.”

Pompeo’s statement is, however, an extension of previous Trump policy, which has been marked by a series of radical pro-Israeli moves and the abandonment of Washington’s historic role as broker. The administration has already recognised Jerusalem as the Israeli capital, and Israeli sovereignty in the occupied Golan Heights.

In making the case for the policy shift, Pompeo repeated some of the language he had used to justify the recognition of Israeli control of the Golan, saying it reflected “the reality on the ground”, and that it arose from the unique facts, history and circumstances” around the establishment of settlements.

The secretary of state also argued that the announcement was a precedent for US policy, citing Ronald Reagan as having taken a similar position. Reagan also dropped the term “illegal” to describe settlements, but deemed them to be an “obstacle to peace” and called for a freeze in new construction.

The move is a boon for Netanyahu who is fighting for his political survival as he waits to see if his opponent, Benny Gantz, can assemble a coalition government. Pompeo’s rare appearance in the state department briefing room, at a time when he has been criticised for failing to stand up for US diplomats caught up in the Ukraine impeachment scandal, may also be designed to enhance his profile among the Republican faithful in his own state of Kansas, where he appears to be contemplating a run for a Senate seat.

Pompeo said the timing of the announcement was “not tied to domestic politics anywhere”, insisting that it had been made on the conclusion of the legal review of the US position.

In his remarks welcoming the announcement, Netanyahu said: “Israel is deeply grateful to President Trump, Secretary Pompeo and the entire US administration for their steadfast position supporting truth and justice, and calls upon all responsible countries who hope to advance peace to adopt a similar position.”

Gantz also backed the US declaration. “I applaud the US government for its important statement, once again demonstrating its firm stance with Israel and its commitment to the security and future of the entire Middle East,” he said.

A member of the Yesha Council, the main Israeli settler organisation, said the US announcement meant the time was ripe for the Israeli government to immediately claim sovereignty over settlements, a move that is largely seen as an end to Palestinian aspirations of statehood.

“I congratulate President Trump and his government on the truly courageous recognition, settlements are not a crime and not a barrier to peace,” said Oded Revivi, the council’s foreign envoy. “Now is the time to take action utilizing our political and legal platforms to apply Israeli law.”