This article analyses the scope of the jurisdiction of the International Criminal Court (ICC) over the Israeli settlement enterprise in the West Bank. The author has found that this scope differs fundamentally between acts of direct transfer and indirect transfer because of Israel's status as a non-member state of the Rome Statute of the ICC and the specific nature of Article 8(2)(b)(viii). Whereas procedural arguments relating to third party rights do not prove to be valid jurisdictional obstacles, the Court's temporal and territorial jurisdiction could nevertheless be limited to acts of direct population transfer committed after April 2015. In conclusion, the article argues that the most promising strategy for the Office of the Prosecutor would be to focus on recent large-scale instances of direct transfer.