US Reverses Policy, Says Israeli Settlements are Legal

U.S. Secretary of State Mike Pompeo issued a statement on November 18 to the press corps in which he said that the administration would be “reversing the Obama administration’s approach towards Israeli settlements.” The decision has been subject to wide ranging international scrutiny.

This move by the Trump administration is a reversal of the policy held since 1978, in which a State Department legal opinion defined the settlements as “inconsistent with international law.” In Pompeo’s speech to the press, he said that the policy change would be in line with the Reagan administration’s approach to the issue. According to the New York Times, when Reagan took office in 1981, he “did not believe the settlements were illegal but called new Israeli communities in Palestinian territory ‘unnecessarily provocative.’”

Pompeo’s statement is an extension of pro-Israel policies pursued by the Trump administration. In Trump’s three years in office, he has recognized Jerusalem as Israel’s capital by moving the US embassy there, cut U.S. funds to the UNRWA, an organization that assists Palestinian refugees, and recognized Israel’s 1981 annexation of the Golan Heights. With Israeli Prime Minister Benjamin Netanyahu currently trying to form a government following an election in which there was no clear winner, Trump’s decision could improve Netanyahu’s chances of becoming the next prime minister. Pompeo denied such a motive, however, stating, “The timing of this was not tied to anything that had to do with domestic politics anywhere in Israel or otherwise."

The decision has drawn widespread condemnation from the international community. A Palestinian Authority spokesperson responded to the U.S. move, saying that it “contradicts totally with international law (sic).” Jordanian Foreign Minister Ayman Safidi tweeted, “Settlements in occupied #Palestine are a blatant violation of Int’l law & UNSCRs. They are an illegal action that’ll kill 2-state solution.” Philippe Nassif, Amnesty International USA’s advocacy director for the Middle East and North Africa, said, “Today, the United States government announced to the rest of the world that it believes the U.S. and Israel are above the law.” UN Spokesperson Stéphane Dujarric added to the scrutiny, reaffirming that Israeli settlements are illegal under international law and that the UN “very much regrets” the U.S. change in position.

Pompeo’s statement impacts the region in several ways. Firstly, it will strengthen the U.S.-Israeli relationship. Netanyahu said that the policy shift “rights a historical wrong.” It also weakens the U.S.-Palestine relationship, but Palestine lacks political leverage in the region. Recent history suggests that while Arab nations and the international community will condemn Pompeo’s statement, it will not change the nature of their relationship with the U.S., which is defined by their reliance on the U.S. for military and diplomatic support rather than a mutually beneficial relationship.