Welcome to FMEP’s Weekly Settlement & Annexation Report. To subscribe to this report, please click here.

December 11, 2020

1. Israel Expected to Advance Plan for Yeshiva at Entrance to Sheikh Jarrah
2. Gantz Weighing Vote in Cabinet to Legalize 40+ Outposts
3. MK Planning to Call Vote on Bill to Prevent Future Evacuation of Any/All Settlements & Outposts (De Facto Annexation West Bank)
4. Annexation via Internet
5. Annexation via Roads & Infrastructure
6. Bahrain Backtracks On Annexation Recognition…As UAE Openly Embraces Settlers
7. Bonus Reads

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Israel Expected to Advance Plan for Yeshiva at Entrance to Sheikh Jarrah

Ir Amim reports that at the next meeting of the Jerusalem District Planning Committee the Committee, scheduled for December 16, is expected to advance a highly inflammatory plan to build a Jewish religious school (a yeshiva) and dormitory at the entrance of the East Jerusalem neighborhood of Sheikh Jarrah.

The District Planning Committee was expected to grant approval to this plan in July 2020, but – based on data submitted by Ir Amim – unexpectedly ordered a new survey on the needs of the Sheikh Jarrah community. It is unclear at this time whether that survey has been completed, and if it has been completed, what the conclusions/findings were and if the Committee is now satisfied. The December 16th Committee meeting is closed to the public.

The plan to build the yeshiva and dormitory, which would house dozens of young religious settlers, as well as another project for a 6-story building in the same area, aims to strengthen Israeli settlers’ hold on the neighborhood. Once built, settlements will literally flank both sides of the road leading into Sheikh Jarrah, advancing the settlers’ goal of cementing the presence of the settlement enclaves inside of Sheikh Jarrah and connecting them more seamlessly to the neighborhood’s periphery and to West Jerusalem. 

Ir Amim writes:

“If approved, the construction of the yeshiva will significantly bolster the efforts of state-sponsored settler organizations to transform large portions of Sheikh Jarrah into a large Israeli settlement through evictions of Palestinians and settler takeovers of their homes. Over the past few months, the Israeli courts have upheld eviction demands against 12 Palestinian families, including the Sabbagh family, from the Kerem Al’ajoni section of Sheikh Jarrah, ruling on behalf of settler groups. Various appeals and legal proceedings have only temporarily halted the families forced removal from their homes.”

Just this week, FMEP hosted a webinar on Sheikh Jarrah and the impending dispossession of Palestinians from their longtime homes.

Gantz Weighing Vote in Cabinet to Legalize 40+ Outposts

The Jerusalem Post reports that Defense Minister Benny Gantz (Blue & White) is holding up – for unreported reasons – the Security Cabinet’s consideration of a draft decision to grant authorization to dozens of Isareli outposts across the West Bank. Gantz has not (yet) issued his approval for the draft text to be discussed and voted on at the Cabinet level, though he has allowed a senior Defense Minister, Michael Biton, to work with Settlement Minister Tzachi Hanegbi (Likud) on crafting that text over the past several weeks.

Speaking to the Knesset Foreign Affairs and Defense subcommittee on December 9th, Hanegbi said that a draft decision is “almost 100% complete,” and that he expects it to provide for the retroactive authorization of 40-45 outposts.  Hanegbi said he had hoped to craft a decision that could apply to 69 outposts, but his negotiations with Biton limited its scope. Last week, Biton and Gantz made it clear that the party would support granting authorization to outposts which were built on “state land,” but not outposts which have a more complicated land status, including private Palestinian ownership claims.

According to Peace Now, there are a total of 124 outposts in the West Bank. There is a new urgency around granting a sweeping government authorization to outposts as Israel anticipates a closing window of opportunity to do so with the looming exit of President Trump and his openly pro-settlement, pro-outpost, pro-annexation policy. 

The push to grant retroactive legalization to all of the outposts is nothing new, nor is the more limited goal of granting authorization to outposts that were built on land that has been declared by Israel to be state land – a status which the Israeli government regards as less complicated than cases where the outposts were built on land that have recognized ownership claims from Palestinians. In addition to the myriad problems with how Israel has used its authority as an occupier to declare land as “state land” and subsequently designates that land for the sole use of settlers, the fact remains that outposts built on that land were built illegally even under Israeli law (though in many cases with the tacit support or active encouragement of the government). For years, Israel has openly sought to find creative bureaucratic and legal means to grant retroactive “legal” status to as many outposts as possible. 

In 2012, a government-commissioned report – called the “Levy Report” (after its author, retired High Court Justice Edmund Levy) declared Israeli’s occupation of the West Bank to be legal and recommended that outposts built on state land can be easily authorized (legalized) through the planning process without a government decision (i.e., outside of  the influence of political or diplomatic considerations). The Israeli government, though it did not formally adopt the report, has nonetheless proceeded to implement its recommendation to grant retroactive legalization to many of these outposts. According to a 2019 Peace Now report – 15 outposts have since been legalized and 35 are in the process of being legalized between 2012 and 2019. At the same time, 32 new outposts have been established.

The outposts that, to this point, have not been legalized have spurred new legal thinking in Israel – like the Regulation Law and the “market regulation” principle – to find new bases by which to legalize the outposts under Israeli law (aka, to suspend the rule of law to deprive Palestinians of recognized land ownership and legalize illegal actions). 

MK Planning to Call Vote on Bill to Prevent Future Evacuation of Any/All Settlements & Outposts (De Facto Annexation West Bank)

MK Tzvi Hauser (Derech Eretz) announced that he intends to bring to a vote in the Knesset a bill that would amount to the de facto annexation of the West Bank. The bill aims at preventing the Israeli government from ever evacuating any settlements or outposts, and it does so by expanding the application of an existing Israeli law to include the West Bank. That law, passed in 2014, requires that any proposed withdrawal/evacuation of territory in Jerusalem or the Golan Heights be approved in a national referendum or receive a supermajority of 80 votes in the Knesset. The logic behind this effort is that even if political leaders some day were interested in negotiating a two-state agreement with the Palestinains, the law would make implementation of any agreement politically difficult if not impossible (a situation which would in effect tell the Palestinians, formally, that they have no hope of ever ending the occupation via negotiations).

The bill was submitted to the Knesset in August, and can be brought up for a vote by a member at any time.

Various versions of this same bill have been repeatedly introduced to the Knesset, but not yet called up for a vote. For details, see Yesh Din’s handy database of annexation legislation here. Explaining a 2017 version of the bill introduced by MK Yehuda Glick (then a Likud party member), Yesh Din wrote:

“The bill addresses the West Bank territory as part of the State of Israel, and seeks to equate the legal standing of sovereign Israel and territories not subject to Israeli sovereignty.”

Annexation via Internet

On December 8, Israeli Communications Minister Yoaz Hendel (Derech Eretz Party) accompanied settler leaders on a tour of the Etzion settlement bloc region in the southern West Bank. Speaking to reporters, Hendel reiterated his promise to deliver modern communications infrastructure, including high speed internet and fiber optics, to settlers living in the area.

Perfectly explaining why this is part of Israel’s entrenchment of the settlements and de facto annexation of the West Bank, Shlomo Ne’em (head of the settler Gush Etzion Regional Council) said:

“Adding communications infrastructure in Gush Etzion is equivalent to de facto sovereignty. Until we bring full national sovereignty, the residents here can live on par with 21 century standards.”

Annexation via Roads & Infrastructure

Breaking the Silence and the Israeli Centre for Public Affairs this week issued a new report entitled “Highway to Annexation: Israeli Road and Infrastructure Development in the West Bank.” The report lays out how Israel has, for decades, been implementing de facto annexation of the West Bank not only through the growth of the settlements, but through the construction of roads, water, electricity, and other infrastructure in the West Bank which in turn allows for the growth of the settlements.

In addition to providing a history lesson on Israel’s construction of infrastructure in the West Bank from the earliest days of the occupation, the report provides analysis of ongoing and likely infrastructure projects that are a key part of the ongoing annexation-through-infrastructure reality. Those projects, which are designed solely with the interest of the settlements in mind (though the GOI says that Palestinians will be able to use them as well), include:

1. 1. Expanding Lateral Roads, including: Highway 55 (running from Israel to the Kedumim settlement), Highway 5/505 (running from Israel through the Ariel settlement and on to the Jordan Valley), Highway 456 (running between Ramallah and Salfit), Highway 367 (in the western Etzion bloc). As explained in the report, lateral roads in the West Bank serve two goals: connecting settlements to Israel proper and restricting the growth potential of Palestinian communities.
   2. Expanding and renovating roads in the Jerusalem Metropolis, including the following –
      1. To Jerusalem’s south: doubling the size of Highway 60 (the “Tunnels Road”) as an entrance to Jerusalem from the south;
      2. To Jerusalem’s east: extending the Eastern Ring Road (aka the “Apartheid Road”), building an underpasses for the Talpiot and French Hill settlements and an overpass for the Ramat Shlomo settlement – all of which will allow settlers to more directly (without hitting a single traffic light) enter Jerusalem.
      3. To Jerusalem’s north: tunneling under the Qalandiya checkpoint (for settlers only) and connecting that tunnel via a new sections of several highways in the area (Highway 45, Highway 443, Highway 935). This will allow settlers (only) to bypass the notoriously congested Hizma checkpoint.
      4. And, expanding the Jerusalem light rail to service East Jerusalem settlements.
   3. Building the “Sovereignty Road” near Ma’ale Adumim. This road would be for Palestinians, designed to divert Palestinian traffic around the Maale Adumim and E1 settlement areas in preperation for massive settlement growth. This road has emerged as the Israeli government’s defense for its plans to build the E-1 settlement, which critics say will sever the West Bank in two. Israel, via this road plan, argues that Palestinians will continue to have “transportational contiguity” despite losing territorial contiguity.

For a full reporting on all of the infrastructure projects being advanced by Israel in the West Bank, see the full report.

The authors write:

“ The ultimate vision of the road and transportation projects currently planned and underway in the West Bank involve entrenching the segregation between Israeli settlers and Palestinians. These infrastructure projects, of course, do not provide for “separate but equal” development but are rather guided primarily by the interests of the settler population and come at the expense of Palestinian development… West Bank road and transportation development creates facts on the ground that constitute a significant entrenchment of the de facto annexation already taking place in the West Bank and will enable massive settlement growth in the years to come. By strengthening Israel’s hold on West Bank territory, aiding settlement growth, and fragmenting Palestinian land, this infrastructure growth poses a significant barrier to ending the occupation and achieving an equitable and peaceful solution to the Israeli-Palestinian conflict.“

Bahrain Backtracks On Annexation Recognition…As UAE Openly Embraces Settlers

This week, Bahrain clarified that it will not import goods produced in Israeli settlements in the West Bank or Golan Heights (making the question of how such products are labeled moot). The policy clarification reverses comments made by a Bahraini trade official late last week that seemed to offer Bahrain’s de facto recognition of Israeli sovereignty over the settlements, and follows significant backlash for those comments.

Taking a different approach, this week the UAE — which previously welcomed a high-profile visit by a settler delegation — doubled down on its approach of actively embracing commercial ties with settlements. On December 8th, the Jerusalem Post reported that the UAE-based FAM Holding company has signed a deal with a settlement vineyard – the first time such a deal has been made between a UAE business and the settlements. The deal provides for the UAE to import goods from the Tura Winery (in the Rehelim settlement), the Har Bracha Winery (in the Har Bracha settlement), and the Arnon Winery (near the Itamar settlement), as well as Paradise Honey. 

Yossi Dagan, the head of the settler Samaria Regional Council, called the deal “a national-strategic achievement for the State of Israel” saying it is a:

“significant part of a strategic process to strengthen Samaria — in the number of residents, in infrastructure and culture. We’re working hard, consistently, and in any location, to turn Samaria into an economic powerhouse — another glass ceiling shattered!”

Discussing/rationalizing the deal, the head of Dubai’s Chamber of Commerce and Industry adopted longstanding hasbara talking points that paint doing business with settlements as a way of helping the Palestinians. According to the Times of Israel, he: 

“noted that Israeli factories provide work for tens of thousands of Palestinians and said the hope is to assist the Palestinians economy rather than harm it.”

As a reminder, “benevolent occupation” is an old hasbara argument founded on the view that Palestinian should appreciate the opportunities settlements provide for employment, even as those same settlements and the occupation deny them dignity, human and civil rights, freedom of movement and access to their own lands, and self-determination –and in parallel, deny them any chance to develop a productive Palestinain economy that could provide them employment and economic opportunities. For a an examination of this old hasbara line, see: Sodastream, ScarJo, and the Myth of Benevolent Occupation

Along these same lines, Avi Zimmerman – leader of the “Judea and Samaria Chamber of Commerce & Industry” – is once again touting the fiction that the success of settlement businesses benefits Palestinians. According to the Times of Israel’s reporting, Zimmerman said that, “in the spirit of symmetry” he is working to:

“find opportunities for Palestinian businesses to benefit from the accords as well, in the short term through partnerships with Israeli businesses and in the long term through large-scale environmental and infrastructure projects that incorporate both populations.”

Again, as a reminder, economic “coexistence” initiatives like the “Judea and Samaria Chamber of Commerce & Industry” are, in fact, efforts to normalize, entrench, and reward Israeli settlements while perpetuating Israel’s economic exploitation of occupied territory (including the local workforce, land, and other natural resources). Labelling such initiatives as “coexistence” programs or suggesting that Palestinians should welcome the benefits of settlement economies is perverse.

Bonus Reads

1. “Israel’s Tony Soprano Policies in the West Bank“ (Haaretz // Michael Sfard)
2. “Firing zones, Highway 10 to open to hikers on Hanukkah” (Jerusalem Post)
3. “Highways to Annexation: Across the West Bank, Israel Is Bulldozing a Bright Future for Jewish Settlers” (Haaretz)
4. “Peace for Peace? Israel-Morocco Deal Is Occupation in Exchange for Occupation” (Haaretz)

Welcome to FMEP’s Weekly Settlement & Annexation Report. To subscribe to this report, please click here.

December 4, 2020

1. Israeli Courts OK (Again) Settlers’ Mass Displacement of Palestinians from Silwan, Eviction Notices Issued to 8 Palestinian Families
2. Har Homa E Settlement Plan Approved for Deposit
3. High Court Rules Against Ottoman Land Registration Laws, Paving Way for More Retroactive Legalizations and Presaging Ugly Land Registration Battle
4. Planning Committee Rejects Appeal Against Overtly Political Hebron Elevator Project
5. Likud Minister Calls For Israel to Enforce “Symmetry” of Construction in Area B + C of West Bank
6. Benny Gantz Make Clear His Support for Retroactive Legalization of Outposts on “State Land”
7. Bahrain: No Annexation. Also Bahrain: Settlements Are Israel
8. Aid to Amb. Friedman Appointed to Key Post, Will Stay In Control of U.S. Normalization Programs
9. Bonus Reads

Questions/Comments? Email Kristin McCarthy (kmccarthy@fmep.org).

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Israeli Courts OK (Again) Settlers’ Mass Displacement of Palestinians from Silwan, Eviction Notices Issued to 8 Palestinian Families

On November 30th, eight Palestinian families (45 individuals) received eviction notices ordering them them to vacate their longtime family homes as early as December 18, 2020, and if they do not they may be forcibly removed by Israeli forces any time between December 18, 2020-January 1, 2021. Ir Amim reports that the families intend to appeal to the Israeli Supreme Court, but there is no guarantee that the Court will agree to hear the case.

The issuance of eviction notices follow two significant court rulings on cases in late November 2020. In both cases, Israeli courts sided with the Israeli settler group Ateret Cohanim in seeking the eviction of a total of eight Palestinian families (45 individuals) from their long time homes in the Batan al-Hawa section of Silwan, located on the southern slope just outside of the Old City in East Jerusalem. The rulings further consolidate growing Israeli case law recognizing Ateret Cohanim as the legal owner of a significant amount of land in Silwan (and the buildings on it), entitling the group to pursue the eviction of as many as 700 Palestinians who in many cases have lived on that land for generations. If executed, this would be the largest displacement of Palestinians from East Jerusalem since 1967.

Ir Amim explains:

“The Ateret Cohanim settler organization is waging one of the most comprehensive state-backed settler takeover campaigns in East Jerusalem through initiating mass eviction proceedings against Palestinian families in Batan al-Hawa. Eighteen families have already lost their homes with over 80 other households facing eviction demands, placing some 600-700 individuals of one community at risk of displacement.  See Ir Amim’s and Peace Now’s joint report, “Broken Trust” for further details and analysis.

Peace Now said:

“This is an attempt to displace a Palestinian community and to replace it with an Israeli one, in the heart of a Palestinian neighborhood in East Jerusalem. The settlers could not have succeeded without the Israeli authorities’ close support and assistance. In addition to the hard blow to the prospects for a two-state solution by preventing a Palestinian capital in East Jerusalem, this is an injustice and an act of cruelty to throw out families who have lived lawfully in their homes for decades. For every dunam in East Jerusalem that was owned by Jews and had been lost in the 1948 war, there are tens of thousands of dunams in Israel that were owned by Palestinians who lost them in the 1948 war. The settlers’ demand to disposes the Palestinians based on pre-1948 ownership is a strategic threat on the moral justification of hundreds of thousands of Israelis living on lands that were owned by Palestinians.”

As a reminder, Ateret Cohanim has waged a years-long eviction campaign against Palestinians living in Silwan, on property the settler NGO claims to own. This claim is based on Ateret Cohanim having gained control of the historic Benvenisti Trust, which oversaw the assets of Yemenite Jews who lived in Silwan in the 19th century. Palestinians have challenged the legitimacy of the Benvenisti Trust’s claims to the currently existing buildings, saying that the trust only covered the old buildings (none of which remain standing) and not the land. Israeli Courts have continued to rule in support of Ateret Cohanim’s claims and against Paelstinians who have been living there for decades. Taking a different approach, in June 2020 Palestinians filed a new petition challenging the legality of the functional operations of the Trust/Ateret Cohanim, asserting that Ateret Cohanim is using the Benvenisti Trust as nothing more than an (illegal) front for displacing Palestinians, pointing out that the trust does not have a separate organizational structure, bank account,  lawyer, or accountant – and that Ateret Cohanim has folded the operations of the trust into its own operations and there is no distinction between the management or assets of the two entities.

As a reminder, in 2001 the Israeli Charitable Trust Registrar granted Ateret Cohanim permission to revive the trust and become its trustees, (following 63 years of dormancy). In 2002, the Israeli Custodian General transferred ownership of the land in Batan al-Hawa to the Trust/Ateret Cohanim. Since then, Ateret Cohanim has accelerated its multifaceted campaign to remove Palestinians from their homes, claiming that the Palestinians are illegally squatting on land owned by the trust. 

Har Homa E Settlement Plan Approved for Deposit

As expected, the Jerusalem District Planning Committee approved for deposit for public review the Har Homa E settlement plan which provides for the construction of 540 units on an open area of land which will significantly expand the Har Homa settlement to its west, tightening the noose around the Palestinian neighborhood of Beit Safafa in East Jerusalem.

The plan has been approved for deposit but as of this writing not yet deposited; Ir Amim predicts the Committee will deposit the plan in short order in light of the impending U.S. presidential transition. Once deposited, a sixty day comment period begins after which the Committee can reconvene to issue final approval for the plan. Ir Amim writes:

“As demonstrated by the swift developments in plans for Givat Hamatos and Har Homa E, it is likely that Israel will continue to exploit this narrow window of time before the US presidential inauguration to advance further measures the Biden administration is anticipated to oppose, including advancements in the E1 area.”

The plan for 570 units currently set for deposit represents the first detailed plan under a much larger Master Plan for Har Homa E, which involves a total of 2,200 units. Plans to build the remaining units permitted under the Master Plan are not yet being advanced.

The construction in Har Homa E will solidify a continuum of Israeli settlement construction within the southern perimeter of East Jerusalem – from Har Homa, to Givat Hamatos, to Gilo – detaching East Jerusalem from Bethlehem and completing the encirclement of the Palestinian East Jerusalem neighborhood of Beit Safafa.

High Court Rules Against Ottoman Land Registration Laws, Paving Way for More Retroactive Legalizations and Presaging Ugly Land Registration Battle

On December 1st, the Israeli High Court of Justice issued a ruling that provides yet another basis on which the State is permitted to grant retroactive legalization to outposts and settlement structures built on Palestinian land in the West Bank. The ruling also, and perhaps even more significantly, establishes the Court’s willingness to sidestep Ottoman and Jordanian land registration practices when deciding land ownership claims (which since 1967 Israel has recognized as applicable in the West Bank and East Jerusalem) . This latter fact is particularly alarming given Israel’s reported intention to begin a new land registration process in the West Bank and East Jerusalem.

The specific case before the Court related to structures in the Kochav Yaakov settlement built on land that was declared to be “state land” by Israel in 2013. Palestinians petitioned the Court to reverse the state land declaration, arguing that they are the rightful owners of land. Their ownership claims are based on their having cultivated the land for at least ten years prior to 1967, and the fact that they were in the process formally registering their ownership of that land through the Jordanian real estate registration procedure – a procedure that was frozen by Israel shortly after it occupied the West Bank. 

The lawyer representing the Kochav Yaakov settlement, Harel Arnon, argued that the Court should care more about what has happened on the land since the Jordanian land registration process was frozen, not on what existed at the moment the law was frozen. This argument, by design, favors the settlements and the settlers, who have been able – with the backing of the state and the permission of the Courts – to illegally establish settlements and outposts while also preventing Palestinians from accessing their land.

Rejecting the significance of the Palestinians’ attempt to register their ownership of the land under Jordanian law (which was still in process and not complete at the time the process was frozen by Israel), the Court ruled on the basis of aerial photos which showed the land was not cultivated between 1969-1980. The ruling punishes Palestinians who, having cultivated land during the period before Israel’s occupation of the West Bank, did not (and likely could not) continue to cultivate that land following the 1967 war.  It establishes a new legal precedent according to which Palestinians who established land ownership under Ottoman law through the cultivation of that land for 10 years, can now have that ownership declared “lost” if they have subsequently left the land uncultivated for three or more years.

Shlomi Zacharia, a lawyer from Yesh Din that is representing the Palestinian petitioners, explained:

“The ruling offers a wide opening for a huge takeover of Palestinian land, and in effect this is a cancellation of Jordanian regularization procedures, just at a time when Israel is interested in renewing regularization procedures. The ruling contradicts itself on numerous points, and fails to address the huge complexity of the issue, certainly in light of the fact that the area is occupied territory. The undermining of Palestinian rights, with an emphasis on absentees, but not exclusively, is major, and it is evident that the court is aware of that but chooses nevertheless to approve a practice that already four decades ago was ruled illegal.”

After the court decision on Tuesday, Israel was reportedly planning to legalize two additional outposts, Netiv Ha’avot and Sde Boaz, as well as structures in as many as 20 settlements, using the same legal basis.

The Netiv Ha’avot outpost, in particular, has a long history of being at the forefront of Israel’s hand-wringing over its desire to retroactively legalize even outposts clearly built on land that even Israel recognizes is privately owned by Palestinians. See Peace Now’s comprehensive recap of the Netiv Ha’avot saga, in addition to FMEP’s reporting.

Planning Committee Rejects Appeal Against Overtly Political Hebron Elevator Project

On November 19th, the Israeli Civil Administration’s High Planning Council rejected two appeals against a plan to build accessible infrastructure, including an elevator, at the Ibrahimi Mosque/Tomb of the Patriarch in Hebron — a plan which requires Israel to seize land from the Islamic Waqf. The Israeli NGO Emek Shaveh, which was behind one of the rejected petitions, raised several objections to the plan’s archeological and planning deficits. The Palestinian Municipality of Hebron submitted a second objection (now rejected) citing how the plan and Israel’s advancement of it violates agreements signed by Israel relating to governance and planning in Hebron. 

Emek Shaveh announced that it will not pursue further legal appeals against the plan, citing the consequences of a law passed by the Knesset in July 2018 which brought West Bank land disputes under the domestic jurisdiction of the Jerusalem District Court. Before the passage of that law (and since 1967), the court of first jurisdiction for cases related to Palestinians living in the West Bank — such as cases in which Palestinians want to challenge State actions (and inactions) regarding planning and construction, travel permits, freedom of information, and freedom of movement — was the Israeli High Court of Justice, reflecting the extraordinariness of Israeli judges issuing extra-territorial legal rulings. The 2018 law stripped Palestinians of this direct avenue to the High Court of Justice and compelled Palestinians living in the West Bank to file petitions with the Jerusalem District Court. The High Court of Justice now only hears Palestinians’ cases on appeal from the district court, adding more time and higher costs to any potential appellant. In a statement, Emek Shaveh said that it fears that if it brings this specific case to the Jerusalem District Court – which has a clear pro-settlements bent, openly manufactured by former Justice Minister Ayelet Shaked – it risks setting a “dangerous precedent for building at holy sites.”

Emek Shaveh further said:

“Following a prolonged process which revealed that the plan to build a lift at the most important ancient site in the West Bank was approved without serious attention to the historical, archaeological, and architectural aspects, the Civil Administration has decided to approve the plan. The frequent statements by politicians that they had instructed the planning bodies and the Civil Administration to approve the plan as soon as possible, and the speed of the approval process do not leave any room for doubt that political motivations were driving of this decision. The decision to violate the status quo of the fragile arrangements between Israel and the Palestinians may have long-term implications. Unfortunately what happens in Hebron does not remain in Hebron. Often, the dynamics at the Tomb of the Patriarch correspond with developments at the Temple Mount/Haram al-Sharif in Jerusalem. The approval of the plan and the involvement of politicians in the planning processes could constitute a precedent that will impact other sites. We have looked into our legal options and decided not to pursue a petition to the Jerusalem District Court. In the past, petitions pertaining to the West Bank were discussed at the High Court of Justice, but this is no longer the case. It is our understanding that a hearing at the Jerusalem District Court will not improve our chances of reversing the plan and may even create a dangerous precedent for building at holy sites.”

Benny Gantz Make Clear His Support for Retroactive Legalization of Outposts on “State Land”

Two noteworthy events over the past week have led Israeli Defense Minister Benny Gantz (Blue & White) to clarify his position with respect to support for granting retroactive authorization to some of the 124 outposts and settlement structures that were built without Israeli authorization. The events highlight a growing division within the Blue & White Party, which was previously seen as representing a liberal-centrists ideology within the currency (crumbling) coalition government.

First, on November 25th, Israeli Community Affairs Minister Tzachi Hanegbi (Likud) announced that he is working with Blue & White Defense Ministry official Michael Biton to prepare a government decision to grant authorization to the outposts. Hanegbi’s insinuation that Blue & White is advancing a plan to issue a broad authorization for illegal outposts elicited a contradiction from Biton, who quickly distanced himself (and his party) from Hanegbi’s comments, insisting that he would only consider a decision that has the support of Israeli Attorney General Avichai Mandelblit and that Hanegbi did not coordinate the announcement of that project with him.

Following that incident, Israeli Minister of Diaspora Affairs Omer Yankelevich (Blue & White) caused even more controversy when she not only offered her support for the retroactive authorization of settlements to a crowd of pro-settlement protestors, but also told the protestors – who were gathered outside of the Prime Minister’s office to push for outpost regulation –  that Benny Gantz supports the move as well. 

Yankelevich’s comments resulted in a discussion of the matter at the recent Blue & White faction meeting, during which Gantz reportedly clarified for members of his party that he only supports granting retroactive legalization to outposts built on “state land.” Gantz also said that Michael Biton’s work concerns sorting out what outposts are built on state land and which have more complicated land ownership claims (i.e., outposts built on land that even Israel has been forced to recognize is privately owned by Palestinians).

The statements and reports about Blue & White party members over the past week suggest that Gantz’s party has lined up behind the position of Attorney General Avichai Mandleblit (known as “market regulation”) which is not as sweeping as most settlers would like to see, but nonetheless stands to see some 2,000 illegal structures magically become legal.

Adding to the crescendo of voices pushing for Netanyahu to act on outpost legalization, longtime right-wing settlement supporter and Yamina party leader Naftali Bennett called on Netanyahu to issue the approval swiftly. Politically, Bennett is on the ascent according to Israeli public polling, and is predicted to gain seats for his right wing alliance if new elections are indeed held. Clearly politicizing his position, Bennett said:

“There are more than 60 fledgling settlement communities…The Prime Minister promised in public to apply sovereignty over every settlement, but in practice hasn’t extended sovereignty over a single inch [of Judea and Samaria]….Don’t be afraid. They tried to scare me off of approving the establishment of a new neighborhood in Hebron, but I made the decision, ending 20 years of a building freeze. We are currently in a window of opportunity that will be closing. For years we heard all sorts of excuses. But the truth is, the decision is up to the prime minister.”

Likud Minister Calls For Israel to Enforce “Symmetry” of Construction in Area B + C of West Bank

During a tour of Area C in the West Bank – where settlers and their allies allege that the Palestinian Authority is orchestrating a brilliantly effective campaign to “steal” land from Israel – Likud MK and former Mayor of Jerusalem Nir Barkat said that Israel should not only undertake a concerted effort to stop Palestinian construction in Area C but should enforce “symmetry” in Area B construction as well, enabling equal construction by settlers and Palestinians. 

As a reminder, Area B (in which Israel retains security control, but the Palestinians have civilian control) makes up some 21% of the West Bank; Area C (in which Israel retains full control) accounts for around 60% of the West Bank. In effect, Barkat is calling for Israel to treat Area B the same as it treats Area C — that is, to assert settlers’ right to build on fully 81% of the West Bank (meaning all of the West Bank except Area A, the 18% of the West Bank comprised of the narrowly-defined built-up area of Palestinian cities and adjacent villages). 

Barkat said:

“Today’s tour showed me that we need to perform a large series of actions to make sure that in the open areas, both in Area C and in Area B and in Judea and Samaria in general, there is symmetry between the activities we do and those of the Palestinians. It cannot be that one side blatantly builds in the open spaces and the other side converges inward into the settlements. This is unthinkable. In Jerusalem I was very strict about symmetry. What is good for Jews is good for Arabs. When you go up here you can also go up there. This symmetry is the key to success in looking ahead. I’m glad I was here today on the tour. I’m happy about the determination and what I saw. I will do everything I can with the tools I have, to see how they take the plan I made, the Barkat development plan for two million people for settlement. On this plan should now be added a second phase. Make sure the open spaces aren’t no man’s land. That Israelis and Palestinians use it appropriately – either no one uses or both sides use it symmetrically. This will be a key to what we need to do going forward.”

Bahrain: No Annexation. Also Bahrain: Settlements Are Israel

In a not-so-surprising yet shocking announcement, a senior Bahraini official announced that Bahrain will not differentiate between Israel and its settlements, in effect recognizing Israeli sovereignty in the West Bank. The Bahraini announcement – which relates to how Bahrain will require Israel to label goods imported into the country – follows the significant shift in U.S. policy on labelling a few weeks ago. With respect to settlement products, Bahraini Industry, Commerce and Tourism Minister Zayed bin Rashid Al Zayani said: 

“we will recognize them as Israeli products. And all Bahraini products, hopefully, will be recognized in Israel as Bahraini products. I don’t see, frankly, a distinction on which part or which city or which region it was manufactured or sourced from.”

Efrat settlement leader Oded Revivi rejoiced at Bahrain’s support for settlements, saying:

“Now we must adopt this view with our neighbors within and without Israeli borders. Buying products from Judea and Samaria strengthens the joint industrial areas, brings together cultures and actually strengthens peace. This is a message to Israelis and the world.”

Aid to Amb. Friedman Appointed to Key Post, Will Stay In Control of U.S. Normalization Programs 

Rabbi Aryeh Lightstone – who has served as a key aide to Ambassador David Friedman – has been installed as the Director of the Abraham Fund, a new investment fund that is the direct outgrowth of the normalization agreement signed by the U.S, Israel, and the UAE. Prior to serving in government, Lightstone was a prominent fundraiser for the radical far-right, proto-fascist Israeli group Im Tirtzu. Im Tirtzu makes it its business to attack and smear human rights organizations, accusing groups like the New Israel Fund and Breaking the Silence (and the individuals who work there) of being anti-Israel and seeking to defund them.

The fund is supposed to serve as the vehicle by which the U.S. advances business ties and investments between Israel, the U.S., and the Arab world – and has already raised $3 billion. The Fund, according to JTA, has been directly attached to the U.S. International Development Finance Corp (DFC), the U.S. government’s development bank. The relationship between the Fund and the DFC has already alarmed at least one Democratic Senate aide, who told JTA that the DFC must act in a strictly non-political manner, whereas the Abraham Fund is already engaging in highly political issues with its first project devoted to “modernizing” checkpoints across the West Bank.

JTA reports that Democrats in Congress are alarmed at Lightstone’s appointment to this post because it is a career government role, not a position which can be easily replaced by the incoming Biden Administration. Lightstone’s leadership at the Abraham Fund is clearly an effort to ensure that the Trump Administration’s legacy of pro-settlement, pro-annexationist policies will continue to be a part of how the U.S. will engage the region.

Bonus Reads

1. “Trump administration to name political appointee with ties to Israel’s right wing to Middle East development post” (JTA)
2. “Inside Trump and Netanyahu’s ‘end of season’ settlement bonanza” (+972 Magazine)
3. “Israel and PA push for control of West Bank’s Area C via land registration” (Jerusalem Post)
4. “Eight climate activists arrested in protest against new West Bank industrial zone” (+972 Magazine)
5. “Palestinians voice concern over new colonial settlement in Hebron’s Old City” (Wafa)
6. “Jerusalem cable car taken to Israel’s highest court” (Al-Monitor)
7. Would Trump Recognize Israeli Sovereignty in East Jerusalem? – analysis” (Jerusalem Post)
8. “Trump-Heights settlement in Golan here to stay” (Al-Monitor)
9. “A Life Exposed: Military invasions of Palestinian homes in the West Bank” (Yesh Din, Physicians for Human Rights – Israel, Breaking the Silence)

Welcome to FMEP’s Weekly Settlement & Annexation Report. To subscribe to this report, please click here.

October 23, 2020

1. Following Wave of New Settlement Approvals, Israel Advances Plans for New Settler Bypass Roads
2. Settler Violence (Predictably) Spikes During Olive Harvest, IDF (Predictably) Fails to Intervene
3. Settlers Establish New Outpost in  Jordan Valley to Expand Maskiyot Settlement
4. Israel Increasing Demolitions of Palestinian Construction in Second Half of 2020
5. The Return of Economic “Peace” Schemes: Judea and Samaria Business Council Holds Virtual Summit, Praises Abraham Accords as Model for “Peace”
6. CONFIRMED: Tekoa Settles Illegally Built on Palestinian Land
7. Friedman Reiterates Trump Admin Support for Settlements & Outposts
8. Bonus Reads

Comments/questions? Contact Kristin McCarthy (kmccarthy@fmep.org)

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Following Wave of New Settlement Approvals, Israel Advances Plans for New Settler Bypass Roads 

This week Israeli authorities advanced plans for the construction of three new settler bypass roads. The advancement of the plans comes just a week after the High Planning Council advanced plans for the construction of 4,948 new settlement units (in addition to the retroactive legalization of hundreds of existing units and approval of 4 major non-residential settlement construction projects). 

Specifically,  a special committee within the Israeli Finance Ministry approved a tender for the construction of the Huwwara Bypass Road, a new road designed to enable settler traffic from the Nablus area to bypass the the Palestinian village of Huwwara (which is an area with heavy traffic congestion from daily commuters) in order to more easily/directly access Jerusalem. This bypass road has long been a top priority for the settlers, who have complained about the long commute to Jerusalem and the limit this puts on the potential for growth of Nablus-area settlements; the radical/violent Yitzhar settlement will benefit from the bypass road, along with the settlements of Har Bracha, Itamar, and Elon Moreh. Building the road also gained urgency for the settlers after the release of the Trump Plan’s conceptual map, which left the area where the road is slated to be built within the borders a future Palestinian “state.”

Peace Now told FMEP via email:

“This bypass road was primarily built for the far-flung Israeli settlements around Nablus. As we see throughout the West Bank, when road infrastructure is improved for settlements, they grow rapidly, sometimes even doubling in size in the space of a decade. This bypass road will entrench the occupation, not to mention violate Palestinian rights as protected rights holders under international law.” 

In addition to the Huwara bypass road, Ir Amim reports that the Israeli Civil Administration deposited for public review two plans for the construction of settler bypass roads in the Greater Jerusalem area (plans “YOSH-938” and “YOSH-926”). Now that plans have been deposited for public review, a 60-day public comment period has opened, after which the Civil Administration can grant final approval for the construction of these two new settler bypass roads.

The first of the Jerusalem-area plans deposited for public review this week relates to the area south of Jerusalem. This plan will enable the permanent legalization of an existing bypass road – Road 385 – which connects the Har Gilo settlement to the area south of Bethlehem area, by bypassing the Palestinian village of Al-Walaja, located just south of Jerusalem (part of Al-Walajah is in fact inside the expanded Jerusalem Municipality border). That road is built on privately-owned Palestinian land that Israel seized 25 years ago via a military confiscation order. In order for the road to become a legal (in the eyes of the Israeli planning law) access road to the site of the future Har Gilo West settlement, the plan for which was approved for deposit last week, the land on which the road was built needs to be permanently seized by Israel. This plan, along with the construction of Har Gilo West and Givat Hamatos, will leave Al-Walaja completely encircled by Israeli settlements and settlement infrastructure. Ir Amim reports how Israel plans to justify and carry out this land seizure, and its impacts:

“the Israeli Civil Administration wishes to justify its confiscation of Palestinian private lands needed for the construction of the road by claiming that it will also serve Palestinian traffic. This claim would clearly be false as the road only leads into Jerusalem along a route from which Palestinian traffic is blocked by Israeli checkpoints. Furthermore, as previously reported by Ir Amim, Israel is planning to relocate the checkpoint on this road farther away from Jerusalem and closer to Walaja. The planned expansion of Har Gilo by 560 housing units – an addition which will more than double the current size of Har Gilo – is located adjacent to Al-Walaja from the west and will result in the village’s complete isolation. Israel constructed the Separation Barrier in a route that surrounds Al-Walaja on three sides very close to the built-up area of the village; this has left the village only with the possibility to develop westwards where the barrier is not built. These lands on the west side of Al-Walaja are now targeted for the new settlement which, along with the Separation Barrier, will complete the encirclement of Al-Walaja in all directions. The village has already  lost more than a thousand dunams of land which were cut off by the Separation Barrier and declared by Israel as the Nahal Rephaim National Park. The Separation Barrier, National Park, and planned settlement combine to turn Al-Walaja into an isolated enclave cutoff from the Bethlehem area while they serve as a connection between Jerusalem and the settlements to its south.”

The second of the Jerusalem-area plans deposited for public review this week relates to the area north and east of Jerusalem. It is designed to enable settler traffic bypass the Palestinian villages of Al-Ram, Qalandiya, and Ramallah (including a new tunnel under the Qalandiya checkpoint which Palestinians must pass through on foot to access Jersusalem) in order to more easily access Jerusalem. This plan specifically serves a cluster of settlements, located deep inside the West Bank, that Netanyahu has dubbed a “fourth settlement bloc” in an effort to designate the area as one over which Israel will never relinquish control. This “bloc” includes the settlements of Adam, Kochav Yaakov, Ofra, and Beit El – almost all of which received construction approvals last week (as a reminder, Beit El is the settlement which Ambassador David Friedman has long supported, serving as the head of the US organization supporting Beit El until just before he was named ambassador).

In order to construct this new bypass road, Israel will need to expropriate privately owned Palestinian land, and justifies doing so on the patently false claim that the road will provide a benefit both to Palestinians and to settlers. Ir Amim explains: 

“…the Civil Administration claims that the road will also serve Palestinian traffic and for that purpose an interchange nearby Qalandia will connect it to the road to Ramallah. But when examining the schedule for construction of the road, it is clear that this interchange is scheduled to be operational only in the year 2040 – many years after the road serving settler traffic is scheduled to open. The fact that Israel is advancing large scale plans for 20 years into the future demonstrates Israeli intentions regarding its control of the area for decades to come.”

Regarding even further consequences of this new bypass road, Ir Amim writes:

“The planned road will also cut through the A-Ram and Qalandia area between A-Ram and Ramallah. Today there are no settlements in this area nor is settler traffic passing through it. It is telling that during the discussion the planners explained that the route of the road was designed to pass a distance away from the Kochav Yaakov settlement and close to the town of A-Ram. As in many other cases, this means that the road leaves a large area next to the settlements enabling its future expansion, while its construction will serve to limit the possibility of A-Ram’s future development.”

Settler Violence (Predictably) Spikes During Olive Harvest, IDF (Predictably) Fails to Intervene 

As has become the norm, Israeli settlers have stepped up their violent aggression against Palestinians and their property during the current olive harvest season (which comes in January and October each year). Yesh Din has documented 25 violent incidents since the beginning of the harvest season, with Haaretz reporting on data that shows 5 violent assaults against Palestinians and the destruction of 62 olive trees during the first week of harvest alone.

Ghassan Daglas, who monitors settlement activity for the Palestinian Authority, told Haaretz:

“This year we are seeing larger groups, sometimes dozens at a time, entering the groves, causing damage and attacking while the army looks on. From year to year they only reduce the territory where Palestinians are allowed to harvest, and at the same time the settlements grow larger and during harvest time this leads to violent confrontations. It’s intolerable, we don’t have the tools to handle this. If you’re looking for a key sign of what occupation is about, it’s what’s happening in the olive groves.”

To closely follow the violent incidents, here are the key groups to follow:

• Yesh Din’s Facebook page, and staff on Twitter:
  • Lior Amihai (@lioramihai);
  • Sharona Weiss (@sharona_weiss).
• B’Tselem’s website and newsletter;
• OCHA oPt’s essential newsletter.

Settlers Establish New Outpost in  Jordan Valley to Expand Maskiyot Settlement

WAFA news reports that settlers from the Maskiyot settlement in the Jordan Valley have built a new structure just west of the settlement in order to keep and tend to their livestock. Aref Daraghmeh, a local activist, called this practice of unauthorized settlement construction a “silent policy of eating up more Palestinian land”.

Last week FMEP covered a separate report concerning yet another new settler outpost in the Jordan Valley. This  illegal – but as of yet un-demolished –  settler construction stands in sharp contrast to Israel’s escalating policy of demolitions against unauthorized Palestinian construction (undertaken by Palestinians on their own lands), discussed in the next section.

Israel Increasing Demolitions of Palestinian Construction in Second Half of 2020

In a new report, the Palestinian human rights organization Al-Haq notes how the monthly average number of Israeli demolitions of Palestinian property in the occupied Palestinian territory has nearly doubled – from a monthly average of 31 demolitions from January to June to a monthly average of 58 demolitions from July through September. Both figures are much higher than previous years – which saw an monthly average of 30 demolitions in 2019 and 22 in 2018.

Al Haq writes:

“this policy of unlawfully demolishing Palestinian buildings and structures, taken alongside many other similarly unlawful policies and actions, reveal Israel’s intention to forcibly transfer Palestinian communities from their homes. Settlement construction and expansion, exploitation of natural resources, restricting movement and access, the application of a discriminatory planning policy, and the virtual impossibility of obtaining building permits create a coercive environment for Palestinians, which amounts to direct and indirect forcible transfer, prohibited under the Fourth Geneva Convention and which may constitute a war crime and a crime against humanity. [2] Moreover, having their properties demolished and destroyed, the Palestinian people are deprived of their right to develop their resources, and are ultimately denied from exercising their right to self-determination.”

The Return of Economic “Peace” Schemes: Judea and Samaria Business Council Holds Virtual Summit, Praises Abraham Accords as Model for “Peace”

The Judea and Samaria Chamber of Commerce (JSCC) – a settler-creeated, settler-led body that promotes itself as a joint Israeli-Palestinian model for advanceing economic peace (despite lacking any meaningful buy-in from the Palestinian business community) – recently co-hosted a virtual conference entitled the “Israeli-Palestinian Economic Forum” (IPEF 2020). During the conference, the JSCC’s President Avi Zimmerman announced that two companies were selected to receive $150,000 in kick-start funds (one is an Israeli-run renewable energy company and the second is a Palestinian-run digital health company). Zimmerman further announced plans to launch a “Israeli-Palestinian business accelerator” in early 2021.

The last time FMEP covered the JSCC was in December 2019 when Ashraf Jabari — the Chamber’s only Palestinian member apparently willing to speak publicly — was in Washington lobbying Congress to fund economic peace projects. As a reminder, economic “coexistence” initiatives like the JSCC are in fact efforts to normalize, entrench, and reward Israeli settlements while perpetuating Israel’s economic exploitation of occupied territory (including the local workforce, land, and other natural resources). Congressional support for such initiatives could mean U.S. taxpayer dollars going directly (and publicly) to the settlements.

In addition to the new projects and funding, Zimmerman and many speakers at the summit hailed the Abraham Accords, which were recently signed between Israel, the UAE, and the US. According to reports, as part of the new accords, a joint fund will soon be launched and is expected to finance the renovation of Israeli operated checkpoints throughout the West Bank — in effect, bringing the UAE into the game of financing and normalizing permanent occupation..

Connecting the Abraham Accords to the JSCC’s work, Zimmerman told the JNS news outlet:

“there is a window of opportunity for Israeli-Palestinian economic partnerships to flourish following the monumental Abraham Accords.”

Appearing at the virtual conference, Israel’s Minister of Regional Cooperation Ofir Akunis said:

“peace through economic strength is the right formula for true peace in the Middle East.”

Ashraf Jabari – who even today is still one of the very few (and the most public-facing) Palestinian businessmen to join the projfect – said:

“this is the next stage of Palestinian-Israeli economic cooperation. There are countless opportunities for our neighboring communities to create business partnerships, but there are some who don’t want our shared success to be public. Fortunately, market forces are stronger than politics. Our growing relationships will continue to lead the way.”

CONFIRMED: Tekoa Settlers Illegally Built on Palestinian Land

Kerem Navot reports that the Civil Administration finally published an updated map of the Tekoa settlement definitively showing that settlers have been illegally (and knowingly) developing land located beyond the settlement’s legal (according to Israel) boundaries. The land in question was confirmed to be outside of Tekoa’s borders in 2000, when the Israeli Blue Line team issued its maps; nonetheless, Tekoa settlers went ahead and built on it anyway. 

Kerem Navot contends that the Civil Administration delayed publication of the new map since February 2019, in the hopes that the Knesset’s passage of the Regulation Law would offer the State an avenue for granting retroactive legalization to the illegal construction on private Palestinian land, which amounts to 80 houses, located on 27 plots of land which were widely known by the settlers to fall outside of the settlement’s borders. The Regulation Law was overturned by the High Court of Justice in June 2020, and Israel’s alternative to that law – utilizing the “market regulation” principle, which enables the legalization of illegal construction undertaken by settlers “in good faith” – cannot, in any reasonable interpretation of the concept, be applied to the Tekoa case, since the buildings were constructed by the settlers with full knowledge that the land was not allotted to the settlement.

Kerem Navot writes:

“And what about the settlers who will soon tell everyone that this was, once again, only a mistake, made in “good faith”? What did they know before the work began? Note the answer that the Civil Administration gave in response to an article that was published by a resident of the settlement Tekoa, Yehuda Yifrach, who also serves as Israeli newspaper Makor Rishon’s ‘legal commentator’ (without, of course, properly disclosing that he lives in Tekoa): ‘As for the case mentioned in Tekoa–we emphasize that the council has long known what the correct boundaries are for the declared state land where the settlement is located, and in spite of this, has been granting exceptional building permits for these areas over the last two years.’ “In other words, the Civil Administration basically said that the Gush Etzion Regional Council (which the Tekoa settlement is part of) knew all along that construction was being done on private property that is forbidden to build upon, and chose to build in that area anyway.”

Friedman Reiterates Trump Admin Support for Settlements & Outposts

In what should be news to no one, this week U.S. Ambassador to Israel David Friedman once again made it clear that the Trump Administration supports the permanency of all of Israel’s settlements and outposts in the West Bank. Friedman said:

“The position of the United States is that Jewish communities in Judea and Samaria will never be evacuated. We will never ask any community in Judea and Samaria to ever disband.”

Addressing why the Trump Administration has delayed recognizing Israel’s sovereignty over the settlements in favor of normalization deals with the UAE and others, Friedman said:

“there are Israeli flags flying in Hebron, Shiloh, Gush Etzion, Eli, and under our plan they will be flying there forever, so it is not an immediate concern.”

Friedman made the comments at a conference convened by the Kohelet Policy Forum, the Shiloh Forum, and Israel Hayom – a triumvirate of organizations leading the fight for “Greater Israel” —  to discuss (read: celebrate) the signing of the “Abraham Accords” between the UAE, Israel, and the United States.

Bonus Reads

1. “Exclusive: Documents reveal decades of close cooperation between JNF and Elad“ (+972 Magazine)
2. “Israeli construction plans for West Bank raise tensions with Europe.” (Media Line)
3. “Republicans in Israel chair: I hope Trump will formalize West Bank outposts” (Jerusalem Post)