The Lawyers' Association Issues a Legal Position Paper on the E1 Settlement Plan and Expansion Projects in Jerusalem

SadaNews - The Palestinian Bar Association has stated that it is closely monitoring the dangerous escalation represented by the Israeli occupation authorities' decision to reactivate the E1 settlement plan and launch expansion settlement projects aimed at strangling the city of Jerusalem and swallowing what remains of the surrounding Palestinian lands, through the construction of (3412) settlement units between Jerusalem and the "Ma'ale Adumim" settlement, in an aggressive step intended to separate northern West Bank from the south, isolate Jerusalem from its Arab surroundings, and block the path to establishing a geographically continuous and viable Palestinian state.

The Association views the announcement of these schemes at this time as a declaration of comprehensive war on the land and Palestinian identity, revealing a systematic colonial policy aimed at imposing irreversible facts on the ground, constituting a completed war crime under international law.
 

First: The legal and field background:

The E1 plan is located in a strategic area east of occupied Jerusalem, and its implementation serves as the final nail in separating the northern West Bank from the southern part, thus ending any possibility of establishing a geographically connected Palestinian state.

The plan opens wide the door for the forced displacement of Bedouin communities, primarily the Khan al-Ahmar village, and relies on a scorched earth policy through demolition, confiscation, and leveling.

This project is part of the so-called "Greater Jerusalem" plan, which aims to expand the boundaries of the occupying municipality to reach Jericho in the east and Bethlehem in the south, in the largest land annexation operation since 1967.

The plan accompanies other projects such as the "Life Line Road" to isolate the movement of Palestinians from the area, and the "National Park" on Mount Ma'aleh to link the Jerusalem settlements with the settlement plan.

Second: The legal qualification of the violations

The Palestinian Bar Association believes that the actions of the occupation authorities constitute a blatant violation of international humanitarian law and represent war crimes and crimes against humanity as follows:

1. Crime of Population Transfer: The construction of settlements and the transfer of thousands of settlers to the region constitutes a violation of Article (49) of the Fourth Geneva Convention and Article (8/2/b/8) of the Rome Statute, which prohibits the occupying power from transferring its civilian population into the occupied territory.

2. Forced Displacement: The threat of evacuating Khan al-Ahmar and Bedouin communities amounts to a war crime and a crime against humanity according to Article (7/1/d) of the Rome Statute.

3. Crime of Apartheid: Isolating Jerusalem from its Palestinian surroundings, constructing routes specifically for settlers, and preventing the natural expansion of Palestinian neighborhoods represent an apartheid system that violates Article (7/1/h) of the Rome Statute, which criminalizes apartheid.

4. Violation of UN Resolutions: Primarily UN Security Council Resolution (2334/2016), which affirmed the illegality of settlements and considered them a blatant violation of international law.

Third: The position and recommendations of the Palestinian Bar Association

Based on its legal and professional responsibility, the Palestinian Bar Association asserts that the E1 settlement plan constitutes an act of ethnic cleansing and illegal annexation of occupied Palestinian lands, posing a direct threat to international peace and security. Therefore, the Association recommends the following:

1. Resorting to International Courts: The Association calls for the inclusion of the E1 plan file in the ongoing investigation into settlement crimes before international courts, as it constitutes a complete war crime.

2. Activating the Diplomatic Path: The Association sees the importance of intensifying diplomatic bodies' movement in the UN Security Council and the General Assembly to condemn these plans and impose sanctions in this regard.

3. Mobilizing International Trade Union Solidarity: The Association invites all lawyers' unions and legal federations around the world to declare a clear position against the E1 plan and expose these crimes in international forums.

4. Forming a Specialized Legal Committee: The Association recommends establishing a committee of legal experts to document settlement crimes and present them as legal files to the competent international authorities.

Conclusion

The Palestinian Bar Association believes that the E1 plan and the expansion settlement projects in Jerusalem represent a continuation of a declaration of war on the land and Palestinian identity, and a crime of annexation and settlement that rise to the level of war crimes and crimes against humanity. In this context, the Association is committed to the importance of legal and international action to protect Jerusalem and its surroundings from this colonial project within the framework of defending the inalienable national rights of the Palestinian people in their land and their eternal capital, Jerusalem.