Alan Baker, Attorney, Ambassador (ret) P.O.B. 182, Har Adar, Israel 9083 !

el" #9$2%&'%3322 '3 (%ma)l" ambassador.alan*+ma)l.,om The Hon. James Kerry, U.S. Secretary of State, The State Department, Washington D.C. November 8, !"# Dear Secretary Kerry, After listening to you declare repeatedly over the past weeks that "Israel's settlements are illegitimate", I respectfully wish to state, unequivocally, that you are mistaken and ill advised, oth in law and in fact! "ursuant to the "#slo Accords", and specifically the Israel$ "alestinian Interim Agreement %&''(), the "issue of settlements" is one of su *ects to e negotiated in the permanent status negotiations! "resident +ill ,linton on ehalf of the -S, is signatory as witness to that agreement, together with the leaders of the .-, /ussia, .gypt, 0ordan and 1orway! 2our statements serve to not only to pre*udge this negotiating issue, ut also to undermine the integrity of that agreement, as well as the very negotiations that you so enthusiastically advocate! 2our determination that Israel's settlements are illegitimate cannot e legally su stantiated! 3he oft$quoted prohi ition on transferring population into occupied territory %Art! 4' of the 4th 5eneva ,onvention) was, according to the International ,ommittee /ed ,ross's own official commentary of that convention, drafted in &'4' to prevent the forced, mass transfer of populations carried out y the 1a6is in the Second 7orld 7ar! It was never intended to apply to Israel's settlement activity! Attempts y the international community to attri ute this article to Israel emanate from clear partisan motives, with which you, and the -S are now identifying! 3he formal applica ility of that convention to the disputed territories cannot e claimed since they were not occupied from a prior, legitimate sovereign power! 3he territories cannot e defined as ""alestinian territories" or, as you yourself frequently state, as ""alestine"! 1o such entity e8ists, and the whole purpose of the permanent status negotiation is to

determine, y agreement, the status of the territory, to which Israel has a legitimate claim, acked y international legal and historic rights! 9ow can you presume to undermine this negotiation: 3here is no requirement in any of the signed agreements etween Israel and the "alestinians that Israel cease, or free6e settlement activity! 3he opposite is in fact the case! 3he a ove$noted &''( interim agreement ena les each party to plan, 6one and uild in the areas under its respective control! Israel's settlement policy neither pre*udices the outcome of the negotiations nor does it involve displacement of local "alestinian residents from their private property! Israel is indeed duly committed to negotiate the issue of settlements, and thus there is no room for any predetermination y you intended to pre*udge the outcome of that negotiation! +y your repeating this ill$advised determination that Israel's settlements are illegitimate, and y your threatening Israel with a "third "alestinian intifada" and international isolation and delegitimi6ation, you are in fact uying into, and even fueling the "alestinian propaganda narrative, and e8erting unfair pressure on Israel! 3his is equally the case with your insistence on a false and unrealistic time limit to the negotiation! As such you are taking sides, there y pre*udicing your own personal credi ility, as well as that of the -S! 7ith a view to restoring your own and the -S's credi ility, and to come with clean hands to the negotiation, you are respectfully requested to pu licly and formally retract your determination as to the illegitimate nature of Israel's settlements and to cease your pressure on Israel! /espectfully,

Alan +aker, Attorney, Am assador %ret'), ;ormer legal counsel of Israel's <inistry for ;oreign Affairs, ;ormer am assador of Israel to ,anada,

Director, Institute for ,ontemporary Affairs, 0erusalem ,enter for "u lic Affairs, Director, International Action Division, 3he =egal ;orum for Israel Copy$ H.%. Danie& '. Shapiro, US (mbassa)or to *srae&, +" Hayar,on Street, Te& (viv, *srae& -#.!#