https://thefederalist.com/2019/11/19/no-israeli-settlements-do-not-violate-international-law/
Secretary of State Mike Pompeo announced on Monday that the United States is abandoning a Carter-era bureaucratic decision that Israeli settlements – the homes of Jews living in Judea and Samaria – are illegal under international law. Pompeo’s statement represents a dramatic reversal from the Obama administration, which under the auspices of then-Secretary of State John Kerry, publicly held that Israeli settlements constituted a violation of international law.
Pompeo’s action is particularly notable coming shortly after the European Court of Justice ruled the EU was required by international law to label Israeli products from the West Bank as made in “settlements” in “occupied” territory. That decision, like the Carter-era policy Pompeo rejected, applied a unique rule, crafted solely for Israel, and masquerading as international law. Pompeo’s latest statement serves as a reminder that the Trump administration does not bow to anti-Israel sentiment positing itself as “international law,” no matter what shape it arrives in.
In challenging the international law consensus, Pompeo noted that the labeling of Israeli civilian settlements as “inconsistent with international law” has not actually forwarded the objective of long-term peace. Pompeo’s declaration is also an affirmative nod to what a host of others in the international community, particularly Professor Eugene Kontorovich of the Antonin Scalia Law School at George Mason University, have been asserting in opposition for decades—the inhabitance of Jews in territories recaptured in the Six-Day War in 1967 does not violate international law.
The outrage over Israeli Prime Minister Benjamin Netanyahu’s September announcement regarding the potential application of Israeli civil law in the Jordan Valley mirrors the current outrage being lodged at Pompeo’s declaration. Both Netanyahu and Pompeo’s assertions, however, find solid grounding in international law.