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Legal Aspects of Settlement Evacuation

89 Pages Posted: 30 Jun 2004  

Gilead Sher

Gilead Sher & Co. Law Offices

Amir Kadari

Gilead Sher & Co. Law Offices

Ephraim Schmeidler

Gilead Sher & Co. Law Offices

Jonathan Gillis

Gilead Sher & Co. Law Offices

Robert H. Mnookin

Harvard Law School; Program on Negotiation

Date Written: November 2003

Abstract

Since the end of the 1967 Six Day War, successive Israeli governments - both Labor and Likud - have actively promoted or passively allowed settlement construction in the West Bank and Gaza Strip. Increasingly, however, many Israelis are coming to see the settlements as a major obstacle to lasting peace with the Palestinians, and as the linchpin of questions about the character of the Jewish state. The following monograph explores the legal aspects of a possible future evacuation or relocation of some Israeli settlements and settlers from the territories. The monograph reviews the existing legal framework in the territories and explores the multi-layered complexities of the law of the land. It distinguishes between areas annexed to Israel proper and non-annexed areas. The paper further distinguishes between the possibility of physical evacuation, and severance of the legal connections among the settlers, the land, and the land's structures. Finally, the paper addresses the question of fair compensation for settlers and concludes that any compensation would best be disbursed by a body created through primary legislation.

Keywords: Israel, settlements, territories, evacuation, relocation, Palestine, Jordan, Egypt, Gaza, West Bank

Suggested Citation

Sher, Gilead and Kadari, Amir and Schmeidler, Ephraim and Gillis, Jonathan and Mnookin, Robert H., Legal Aspects of Settlement Evacuation (November 2003). Harvard PON Working Paper No. 04-121; Harvard Public Law Working Paper No. 103. Available at SSRN: https://ssrn.com/abstract=559493 or http://dx.doi.org/10.2139/ssrn.559493

Gilead Sher

Gilead Sher & Co. Law Offices ( email )

21 Herzog Street
Jerusalem 92387
Israel
972-2-561-8677 (Phone)
972-2-561-8678 (Fax)

Amir Kadari

Gilead Sher & Co. Law Offices ( email )

21 Herzog Street
Jerusalem 92387
Israel
972-2-561-8677 (Phone)
972-2-561-8678 (Fax)

Ephraim Schmeidler

Gilead Sher & Co. Law Offices ( email )

21 Herzog Street
Jerusalem 92387
Israel
972-2-561-8677 (Phone)
972-2-561-8678 (Fax)

Jonathan Gillis (Contact Author)

Gilead Sher & Co. Law Offices ( email )

21 Herzog Street
Jerusalem 92387
Israel
972-2-561-8677 (Phone)
972-2-561-8678 (Fax)

Robert H. Mnookin

Harvard Law School ( email )

Hauser Hall 416
Cambridge, MA 02138
United States
617-495-9201 (Phone)
617-496-3777 (Fax)

Program on Negotiation ( email )

Cambridge, MA
United States

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