Article 49 of the 4th Geneva Convention refers to situations where populations are coerced into being transported, such as the forced migration of millions of Germans, Soviet citizens, Poles, etc. after the Second World War. This is not relevant to Israeli settlements which are made up of volunteers on non-privately owned land, pending determination of the status of the territory through negotiated agreements between Israelis and Palestinians.
The 1995 Interim Agreement, signed by Israel and Palestinians, determined the powers and responsibilities of each side in their respective jurisdictions. Israel was awarded section C of the West Bank, including all aspects of settlements.
Thus Article 49 of the Geneva Convention does not apply here. Palestinian leaders have used the “settlement issue” as a means to block any return to the negotiation process.
Sandra Levy
Saanich