Al-Haq condemns the new developments in United States policy regarding the Israeli-Palestinian conflict, as reflected in yesterday's remarks of US President George W. Bush regarding the current situation in the Occupied Palestinian Territories (OPT). During a press conference held at the White House with Israeli Prime Minister Ariel Sharon, President Bush stated that Israeli settlements in the OPT (which are illegal under international law) must be taken into account in the achievement of a final resolution to the Israeli-Palestinian conflict, and dismissed the Palestinian right of return.

Al-Haq would like to emphasise that the only means to achieve a just and durable solution to the conflict is through respect for international law: it cannot be built on a foundation of the violation or denial of international legal obligations or on unilateral statements that are not inclusive of all parties to the conflict.

The international community, through the United Nations General Assembly and Security Council, has repeatedly upheld the need for Israel to withdraw to the 1949 Armistice Line (the Green Line) and the Palestinian right of return. As President Bush noted, the final border "should emerge from negotiations between the parties in accordance with UN [Security Council] Resolutions 242 and 338." Resolution 242 clearly calls for the "[w]ithdrawal of Israel armed forces from territories occupied in the recent conflict." The acceptance of illegal Israeli settlements as "new realities on the ground," and thus the need to take them into account in determining a final border, is without basis. The illegality of settlements has been repeatedly reiterated by the international community, including the UN Security Council, which determined in Resolution 465 of 1980 that,

… all measures taken by Israel to change the physical character, demographic composition, institutional structure or status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem, or any part thereof, have no legal validity and that Israel's policy and practices of settling parts of its population and new immigrants in those territories constitute a flagrant violation of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War and also constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East.

Settlements are also a clear violation of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War, which prohibits the transfer of the Occupying Power's civilian population into the territory it occupies.

Further, the UN General Assembly, on which a representative of every nation state sits, has clearly and repeatedly emphasised the Palestinian right of return, notably through Resolution 194, which states that,

… refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible.

This resolution has been reaffirmed over 100 times by the UN General Assembly, including its reference in subsequent resolutions on the Israeli-Palestinian conflict. Israel's rejection of this fundamental right on the ground of protecting the demographic balance within its borders is not merely ironic in light of their ongoing efforts to change the demographics of the OPT, but without basis.

Scores of other UN resolutions represent a clear consensus from the international community regarding the illegality of Israeli practices in the OPT. Unilateral statements from individual member states cannot make such practices legal. All 191 High Contracting Parties to the Fourth Geneva Convention, including Israel and the United States, have an obligation to respect and ensure respect for the Convention. It is time for them to intervene to protect the fundamental rights of the Palestinian people and ensure that a just and durable solution to the conflict is achieved, rather than the forcible imposition of a settlement based on political interests at the expense of international law.