https://www.wsj.com/articles/pompeo-busts-the-occupation-myth-11574207220
Israeli settlements in the West Bank do not violate international law. That is now America’s official view, announced Monday by Secretary of State Mike Pompeo. The historic decision repudiates the conclusions of a 1978 State Department memorandum.
For decades, Israel’s detractors have appealed to consensus, asserting that settlements are illegal because the entire international community agrees they are illegal. As with Jerusalem and the Golan Heights, the Trump administration has refused to be cowed by a hollow consensus. By dissenting, the U.S. has destroyed both the consensus and the frail arguments that relied on it.
The four-page 1978 memo, written by legal adviser Herbert Hansell, was hardly a thorough study. It painted with broad strokes across several issues and cited no precedent for its key conclusions. Most important, its legal analysis of occupation and settlements has never been applied, by the U.S. or anyone else, to any other comparable situation.
Hansell’s memo took two analytic steps. First, it concluded that Israel was an “occupying power” in the West Bank. Next, it invoked an obscure provision of the Fourth Geneva Convention, which says the “Occupying Power shall not deport or transfer parts of its civilian population into the territory it occupies.” Hansell concluded that Jews who have moved past the Green Line into disputed territory have somehow been “deported or transferred” there by the state of Israel.