WASHINGTON (AP) — The Biden administration on Friday restored a nearly 50-year-old U.S. legal finding that Israeli settlements in the occupied Palestinian territories are “illegitimate” under international law.
Secretary of State Antony Blinken said the U.S. believes settlements are inconsistent with Israel's commitments, reversing a decision by his predecessor Mike Pompeo as the Biden administration moved away from former President Donald Trump's pro-Israel policies .
Blinken's comments came in response to a reporter's question about an announcement that Israel would build more than 3,300 new homes in West Bank settlements in response to a deadly Palestinian shooting attack.
It was not clear why Blinken chose this moment, more than three years into his term, to reverse Pompeo's decision. But it comes at a time of rising tensions between the US and Israel over the Gaza war, with the recent announcement of a deal only increasing the tension. This also happened as the United Nations' highest court, the International Court of Justice, is holding hearings on the legality of Israel's occupation.
Biden administration officials did not view Blinken's comments as a reversal – only because they claim Pompeo's decision was never officially announced. Biden administration lawyers concluded that Pompeo's decision was merely his opinion and was not legally binding, according to two administration officials who spoke on condition of anonymity to discuss private discussions.
Whether officially released or not, Pompeo's announcement in November 2019 was widely accepted as U.S. policy and had only been publicly repudiated when Blinken spoke on Friday.
Speaking in the Argentine capital Buenos Aires, Blinken said the US was “disappointed” by the new settlement plan announced by Israel's far-right Finance Minister Bezalel Smotrich after three Palestinian gunmen opened fire on cars near the Maale Adumim settlement One Israeli was killed and five were injured.
Blinken condemned the attack but said the U.S. opposed expanding settlements and made clear that Washington would once again adhere to the Carter administration-era legal determination that decisive settlements were inconsistent with international law.
“It has long been established U.S. policy under both Republican and Democratic administrations that new settlements are counterproductive to achieving lasting peace,” he said in his news conference with Argentine Foreign Minister Diana Mondino.
“They also contradict international law. “Our government strongly opposes settlement expansion and, in our view, this only weakens Israel’s security rather than strengthening it,” Blinken said.
For decades, U.S. settlement policy was guided by the 1978 decision known as the “Hansell Memorandum,” written by then-State Department legal counsel Herbert Hansell. Hansell's finding did not mean that settlements were “illegal” but rather “illegitimate.” Nevertheless, this memorandum shaped U.S. policy on the issue for decades.
Pompeo rejected this policy in November 2019. The Biden administration had long considered implementing them again as it sought to adjust its Middle East strategy. These considerations had gained momentum as Israel's response to the October 7 Hamas attacks drew increasing international criticism.