An opinion by a legal adviser to the U.S. Department of State found the settlements contrary to international law in 1978, though no Administration has officially stated so since the Carter Administration. On April 21, 1978, Legal Adviser of the Department of State Herbert J. Hansel issued an opinion, on request from Congress, that creating the settlements
"is inconsistent with international law", and against Article 49 of the Fourth Geneva Convention.[45] Hansell found that "[w]hile Israel may undertake, in the occupied territories, actions necessary to meet its military needs and to provide for orderly government during the occupation, for the reasons indicated above the
establishment of the civilian settlements in those territories is inconsistent with international law."[46][47] This opinion, "has neither been revoked or revised",[45] and
remains the policy of the United States according to Hansel, The Washington Post, and the Rand Corporation's Palestinian State Study Project.[48]
The Johnson, Nixon, Ford, and Carter administrations all publicly characterized the settlements as illegal