US Policy Reversal on Israeli Settlements: The Rationale and Implications of the Trump Administration’s Proclamation

On November 22, 2019, Arab Center Washington DC (ACW) hosted a panel at its headquarters titled “US Policy Reversal on Israeli Settlements.” Speakers analyzed US Secretary of State Mike Pompeo’s recent pronouncement that Israeli settlements in occupied Palestinian territory are not deemed by the Donald Trump Administration as inconsistent with international law. ACW’s Assistant Executive Director Tamara Kharroub moderated the session, introducing Jonathan Kuttab, a human rights lawyer; Yousef Munayyer, executive director of the US Campaign for Palestinian Rights; and Lara Friedman, president of the Foundation for Middle East Peace. Kuttab argued that international law is clear in stipulating that an occupying power cannot move its own civilians into occupied areas, calling the prohibition a “bedrock” legal opinion. He stated that Israel is ignoring international law to create facts on the ground, effectively following the “rule of the jungle.”

Yousef Munayyer noted that while Pompeo’s statement reversed previous policies, it provided “a distinction without a difference in practice” given previous administrations' actions. He suggested the announcement was a “gift” to strengthen Benjamin Netanyahu’s position and paved the way for annexation, though it also widened the chasm between the United States and Europe and created sympathy among American progressives. Lara Friedman argued that the Trump Administration views international law as irrelevant and sees the land as belonging to Israel. She noted that the administration has upended principal issues of the conflict by removing refugees and Jerusalem from the table and reducing the status of Palestinians. Friedman concluded that the United States and Israel are in “abject isolation” and emphasized that grassroots work and BDS tactics have been proven productive and successful.