The Law and Politics of Civilian Protection in the Occupied West Bank

This chapter reviews the connection between Israel’s settlement policies in the West Bank since that territory’s occupation in 1967 and the endemic failure of the military authorities to enforce the law against Israeli settlers who have engaged in violence against the Palestinians or their property. The Supreme Court of Israel has held that the law of belligerent occupation applies in the West Bank, but has refused to rule on the legality of constructing Israeli settlements in the area and has legitimized their establishment in various ways. The Court’s exhortations and reports of other official bodies to the authorities to enforce the law against settler violence have fallen on deaf ears. The authorities’ failure to act to protect the civilian population places a burden on the international community to use its influence to ensure that Israel fulfills this fundamental obligation of an occupying power.