Administration under British law encouraged Jews to live throughout Judea and Samaria, including state lands, and it can therefore not be illegal for any Jew to live there.
The only possibility that Jews moving to and living in the West Bank could be considered illegal, was if Jordanian law was to be maintained in the area. However, even if one were to assume that despite the Jordanian’s forcible seizure and illegal annexation of the area, that their laws should still be maintained, could any law possibly suggest that it be a requirement to maintain particular laws that were flagrant violations of the Geneva Convention such as the racist Jordanian laws that evicted and barred Jews from living in the land?
Even further, if Israeli actions of Jews moving to EGL/West Bank were somehow considered illegal (which is not the case), Article 3 of the Hague Resolution states that a “belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation,” so remedy would be a fine, not eviction of the Jews.
(Also note that Hague Regulation Article 40, specifically gave Israel the right to attack Jordan after Jordan broke the 1949 armistice agreement in 1967.)
United Nations Reinterpretation for Israel
Since 1967, the United Nations crafted various resolutions condemning Israel for a wide variety of perceived “sins” such as the infamous “Zionism is Racism” resolution in 1975. Many resolutions have inverted the meaning of the Geneva Convention such as a UN Security Council Resolution in 1980 which “Deplor[es] the decision of the Government of Israel to officially support Israeli settlement in the Palestinian and other Arab territories occupied since 1967.” It continued further:
“[A]ll measures taken by Israel to change the physical character, demographic composition, institutional structure or status of the Palestinian and other Arab territories occupied since 1967, including Jerusalem, or any part thereof, have no legal validity and that Israel’s policy and practices of settling parts of its population and new immigrants in those territories constitute a flagrant violation of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War and also constitute a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East;”
Arguing that “new immigrants” (many of whom were actually returning residents from 1949) are a threat to the security of the existing population is xenophobia at its most extreme. Arguing that is a “flagrant violation of the Fourth Geneva Convention” is disproved above.
Status of Jerusalem
The inclusion of Jerusalem in the United Nations attacks on Israel is telling. Greater Jerusalem and Greater Bethlehem were planned to be an international “Holy Basin” according to the UN 1947 Partition Plan – neither Arab nor Israeli. After Jordan attacked Israel and seized the eastern half of Jerusalem and annexed it, the United Nations remained silent. The UN issued no declaration against the Jordanian invasion and land grab for the entire period it held the territory through 1967. However, when Israel took control of Jerusalem and annexed it in 1980, the United Nations went on tirades about the illegal nature of Israel’s authority. The UN’s motions are absurd and duplicitous in granting tacit approval to the Jordanian Arab illegal annexation of Jerusalem and condemning Israel for its annexation. If Jordan’s offensive war to take a planned international city was viewed as permissible, how can Israel’s defensive war be viewed any less so?
The ongoing dynamic in Jerusalem is also different than the rest of EGL/West Bank since the eastern part of the city was annexed by Israel and all of the residents were offered citizenship (almost all of the Arabs declined and took residency papers instead). As such, clauses in international law about offering citizenship to people are not applicable to the eastern half of Jerusalem (while still relevant in the remainder of EGL/West Bank).