Colin Rubenstein letter: 31/1 Bishop right on Israel

COMMENTS by Foreign Minister Julie Bishop in which she refrained from branding Israel's settlements as illegal have drawn considerable adverse reaction ("Israeli lawyers caution Bishop", 27/1). However, Ms Bishop was right, in law and as an expression of Australia's bipartisan support for a two-state resolution.

Article 49 of the Fourth Geneva Convention -- the provision usually cited as supposedly making the settlements illegal -- prohibits a country from transferring its population to land it occupies. However, it is arguable both that this applies only to forced transfers or deportations, not voluntary ones, and that, in any case, by the plain text of the convention itself, it does not apply to the West Bank. This is because it applies only to land taken from another signatory country that had the legal right to it. Jordan's occupation of the West Bank prior to 1967 was illegal.

So when Ms Bishop says "I would like to see what international law has declared them illegal", she is on solid ground, backed by numerous eminent international law authorities.

But even more important than the legal argument is her policy one: "I don't think it's helpful to prejudge the settlement issue if you're trying to get a negotiated solution."

It is widely accepted, even by the Arab League, that there will be land swaps as part of any peace deal, and this can resolve the settlement issue.

However, peace will arrive only through genuine bilateral negotiations focusing on all contentious issues but also depends on the Palestinians genuinely tackling issues such as continued incitement to hatred and violence and the refusal to recognise Israel as a Jewish state.