The process of setting national laws and legislation is one of the aspects of the state’s exercise of its national sovereignty, which enjoys the independence of issuing appropriate laws and legislation according to its legal, social, cultural, economic and political needs, but this is not far from international commitments that may sometimes be an integral part of national laws.
When the Israeli Knesset, according to the Israeli Basic Law, issues laws related to land confiscation and appropriation and legitimizing the crime of settlement and encroachment on the lands of the Palestinian state, whether by Israeli individuals or its citizens, it is the responsibility of the Israeli Knesset for the actions of the government, including the prime minister of the government, as they are responsible before the Knesset For their actions and all decisions in accordance with Israeli Basic Law.
Since the Israeli Knesset is the legislative authority, it is empowered to play a key role in prosecuting the criminals of the war crime - settlement - and to prevent the government from carrying out any violations related to the appropriation of public and private property of the Palestinian state.
It is important for the occupying state to bear the legal implications here, which is compensation by paying sums of money to repair the damages resulting from the settlement crime, as it is a war crime that falls within the jurisdiction of the International Criminal Court.
Israeli Prime Minister Benjamin Netanyahu had previously instructed the head of the government coalition, David Biton of the "Likud" party, to put forward the "settlement" law to legalize settlement outposts for a vote in the second and third readings in the Israeli Knesset on January 29 of 2017 and his disrespect for the decisions of the House of Representatives. International security, especially Resolution No. 2334, issued on December 23, 2016, related to the situation in the Middle East and the Palestinian issue (settlement). in East Jerusalem.
As for Resolution 446 of the Security Council of March 20, 1979, it considers that Israel's policy and practices of establishing settlements in the Palestinian and other Arab lands occupied since 1967 have no legal validity and calls once again on Israel, as the "occupying power," to abide by Strictly adhere to the Fourth Geneva Convention of 1949, cancel its previous measures, and refrain from taking any action that would lead to a change in the legal status and geographical nature, or materially affect the demographic composition of the Arab territories occupied since 1967;
In particular, Jerusalem and the non-transfer of its civilian population. A committee consisting of 3 members of the Security Council, appointed by the President of the Council after consultation with the members of the Council, determines the situation related to the settlements in the Arab lands occupied since 1967, including Jerusalem.
Also, Resolution No. 252 of May 21, 1968 considers that all administrative and legislative measures, and all acts undertaken by Israel, including the confiscation of land and property that would lead to a change in the legal status of Jerusalem, are invalid. It can change the status of Jerusalem.
and calls upon Israel, urgently, to nullify these measures, and to refrain immediately from taking any further action that would alter the status of Jerusalem.
Thus, when the Israeli Knesset enacts legal legislation that legalizes settlement in the lands of the Palestinian state, this is considered an illegal act, which exposes it to legal accountability for those legislative acts, according to the rules of international law.
The Alabama case as evidence of the necessity of legal accountability
In the case of "Alabama" issued in 1872 between the United States of America and Britain is the best evidence of this, as the American court ruled to condemn Britain and bear international responsibility for its lack of neutrality during the American Civil War, and rejected the plea submitted by Britain that it did not have legislation regulating the issue of neutrality, so claims for compensation for Damages brought by the United States government against the United Kingdom government for secretly aiding the Confederate States of America after the Arbitration of 1872 forced Britain to pay the United States $15.5 million for damages caused by British-made warships sold to the Confederacy.
Therefore, it is important for the occupying state to bear the legal consequences of compensation here, that is, to pay sums of money to repair the damages resulting from the settlement crime, as it is a war crime that falls within the jurisdiction of the International Criminal Court.
Thus, members of the legislative authority and those responsible for issuing legislation, laws, decrees, and government decisions can be held accountable when they are issued under their direct authority, because they do not refer to their people, which is the source of authority. and international conventions to ensure that they are not held accountable for these crimes in the future.
Consequently, it can be said that they will not have the right to uphold the decisions, decrees, legislation or international agreements that were issued by them with regard to their violation of international covenants, especially the Statute of the International Criminal Court, as they are not entitled to uphold if they were legally issued, and thus they do not bear responsibility for those Violating legislation because it was issued by official authorities in the country in which they work.
Nor does the state have the right to insist on coercing its representative by issuing actions or threats directed against him that are in violation of international treaties, and then it is fully responsible for that in accordance with Article (51) of the Vienna Convention on the Law of Treaties of 1969.
Therefore, when a decision, legislation, decrees, or treaties are issued that violate a peremptory rule in international law, these legislations issued by the Israeli Knesset will be null and void, because they violated the rules of international law, which will hold Israel legally responsible for that.