Walid Habbas Walid Habbas. Walid Habbas is a researcher at the Palestinian Forum for Israeli Studies (MADAR) and a PhD candidate at the Hebrew University of Jerusalem.
This article addresses the changing American position on Israeli settlements in the territories occupied in 1967. During Barack Obama’s tenure (2016), the U.S. considered settlements illegal, a view reversed by Donald Trump, who saw that they did not violate international law in nature (which became known as the 2019 Pompeo Declaration). In February 2024, the United States under the Joe Biden administration returned to opposing the legitimacy of settlements, especially after Israel agreed to build new settlement units in the West Bank. This policy shift, influenced by electoral factors and Israel’s non-compliance with U.S. demands, illustrates the complex relationship between the United States and Israel. Despite Israel’s support in the conflict in Gaza, the US has imposed sanctions on Israeli settlers and criticised Benjamin Netanyahu, alluding to possible recognition of a Palestinian state in future peace arrangements.
What is the Pompeo Doctrine that the Biden administration “abolished”?
At the end of the Obama administration (2009-2017), Secretary of State John Kerry stated that he is committed to the conclusions of former U.S. President Jimmy Carter, and considers that Israeli settlements are inconsistent with international law. But, as Trump enters the White House, the new Secretary of State, Pompeo, said that the United States would turn Obama’s policy (based on Carter’s Democratic approach, 1978), and would adopt a completely different position on the legitimacy of Israeli settlements (based on Ronald Reagan’s Republican approach, 1981).
This announcement (November 18, 2019) became known as the “Pompeo Declaration.” According to Pompeo, the U.S. administration in Trump sees (the points below are a literal quote from Pompeo’s announcement):
“Unrestricted settlement activity can be an obstacle to peace, but [the Trump administration] wisely recognises that delving into legal positions does not promote peace… [And] after careful consideration of all aspects of the legal debate, this administration agrees with President Reagan. The establishment of Israeli civilian settlements in the West Bank is not in itself contrary to international law.
“International law will not lead to a result, nor does it create any legal obstacle to a negotiated solution…. The bitter truth is that there will never be a judicial or legal solution to the conflict [in the sense that deciding on the fate of the occupied territory is not a legal debate but a negotiated debate regardless of its legality]… Arguments about who is right and who is wrong as a matter of international law will not bring peace. This is a complex political problem that can only be solved by negotiations between Israelis and Palestinians.
“The United States remains deeply committed to helping facilitate peace… The United States encourages Israelis and Palestinians to resolve the status of Israeli settlements in the West Bank in any final status negotiations. Furthermore, we encourage both sides to find a solution that promotes and protects the security and well-being of Palestinians and Israelis [in the West Bank] alike.”
How do we understand the “cancellation” of Pompeo’s Declaration?
On February 24, 2024, the Biden administration cancelled and denied the “Pompeo Declaration” in response to Israel’s approval of the construction of 3,344 settlement units in the occupied West Bank. U.S. Secretary of State Anthony Blinken said last Friday that the United States is “disappointed by the Israeli announcement,” and added: “It has been the long-standing policy of the United States under both Republican and Democratic administrations that new settlements are counterproductive to a lasting peace… It is also inconsistent with international law. Our administration maintains strong opposition to settlement expansion. In our assessment, this only weakens – not enhances – Israel’s security.”
Three points must be emphasised in the new Blinken Declaration:
This is the second time in U.S. history that the U.S. secretary of state has made an explicit declaration that settlements are illegal, and has made this statement amid tense U.S.-Israel relations (the first time was in 2016 under Secretary of State John Kerry).
Some argue that these statements also come for electoral considerations. U.S. Senator Tom Cotton has accused Biden of only working to meet the needs of pro-Palestinian voters in the swing state of Michigan as part of his White House re-election campaign.
However, the strained relationship between the U.S. and Israel in the past few weeks cannot be underestimated. It is true that the United States has supported Israel militarily, financially and diplomatically in its war on the Gaza Strip, but the Netanyahu government does not pay respect for this American sponsorship, and it seems that Netanyahu is proceeding with his war agenda without paying attention to the demands of the United States, its political demands, or even the consequences that may inflict the image of the United States if it does not stop the Israeli crimes or at least reduce the brutality of the war and the fate of the people of the Gaza Strip. The past weeks have seen several U.S. statements that could be described as an “ear pinch” for Israel, which continues its war without respecting the opinion of the United States. For example, the Biden administration has imposed economic sanctions on four extremist settlers. Biden then rebuked Netanyahu several times, or even insulted him at press conferences. The United States has also announced that it may recognise a Palestinian state as part of the arrangements it hopes for the day after the war.
It should be noted that Israel’s announcement to build 3,344 new housing units in the settlements will be distributed as follows: Ma’aleh Adumim obtains a license to build 2,350 additional housing units, the Efrat settlement obtains a license to build 694 new housing units, and the settlement of Kedar receives an additional 300 housing units.
It should be noted that Pompeo, who expresses his position on the Trump administration, which intends to run again in the upcoming US elections, returned and wrote a few days ago: “Judaea and Samaria are legitimate parts of the Jewish homeland, and Israelis have the right to live there”!
This article was published in Arabic by The Palestinian Centre for Israeli Studies “Madar”, is an independent research center specializing in Israeli affairs, based in the city of Ramallah. Founded in 2000. Te English version is an Apple translation.