Welcome to FMEP’s Weekly Settlement Report, covering everything you need to know about Israeli settlement activity this week.

To subscribe to this report, please click here.

July 21, 2023

1. “Dizzying” East Jerusalem Settlement Activity Continues: Israel Approves Givat Hamatos Building Permits & Schedules Discussion to Double Its Size
2. Israel Expands West Bank Annexation via Archaeology, Including Construction of 4-7 New Settler Tourism Sites
3. Smotrich Prepping Plans to Expand Campaign Against Palestinian Construction,  With Aim to Expand Authority to Areas A & B
4. Israel Opens First High Tech Campus in “Silicon Wadi” East Jerusalem Project
5. Knesset Pushes Bill to Directly Fund Settlements
6. Another Palestinian Bedouin Community Coerced to Leave Homes By Settler & State Terrorism
7. In the Press: Bibi Denies Reports of “Settlement Freeze” Promise to Biden, Talks His Vision of Peace
8. Smotrich Claims Credit for U.S.-Israeli Tensions
9. Bonus Reads

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“Dizzying” East Jerusalem Settlement Activity Continues: Israel Approves Givat Hamatos Building Permits & Schedules Discussion to Double Its Size

Ir Amim reports that Israel has continued its “dizzying pace” of settlement advancements in East Jerusalem, this week granting approval to four building permits for the yet-to-be-built Givat Hamatos settlement, and take an irregular step to advance a new plan – called “New Talpiot” – that would serve to massively expand the fully-approved plan for Givat Hamatos settlement.

The four building permits were issued on July 16th and will allow the foundation to be laid for several buildings in the Givat Hamatos settlement – which, if built, will be the first new settlement to be built in East Jerusalem in over two decades. The buildings (which will require separate building permits to be issued) will have a total of 900 units. The Israeli government has approved a plan to build a total of 2,610 settlement units in the Givat Hamatos settlement. 

In addition, the Jerusalem District Planning Committee is set to convene on Monday, July 24th to discuss a plan referred to as “New Talpiot Hill” that will, if approved and constructed, expand double the number of housing units in the Givat Hamatos settlement and increase its land mass by 40%, stretching Givat Hamatos eastward towards the settlement of Har Homa. The Givat Hamatos A project is directly adjacent to the area of the New Talpiot Hill project. The plan provides for 3,500 new settlement units and 1,300 hotel rooms – the latter posing a direct competition to the Palestinian tourism industry in nearby Bethlehem. The plan also calls for five synagogues and two mikvehs, clearly showing that the construction is designed to serve Israeli Jews although the neighboring Palestinian communities are suffering an acute housing crisis.

Ir Amim further notes that Israel is carrying out land registration on plots of land implicated by the New Talpiot Hill plan, a process which Israel has weaponized as a tool of settlement expansion.

Ir Amim writes:

“Together, Givat Hamatos A and New Talpiyot Hill along with concurrent settlement advancements in the area are cumulatively sealing off East Jerusalem’s southern perimeter from Bethlehem and the southern West Bank. These measures likewise further fracture the Palestinian space and deplete all remaining land reserves in the area for Palestinian development. Such conditions severely undermine the prospects of an agreed political future of Jerusalem, while depriving Palestinians of their fundamental right to housing and shelter.”

Israel Expands West Bank Annexation via Archaeology, Including Construction of 6-7 New Settler Tourism Sites

On July 17th the Israeli government approved a three-year $33 million (NIS 120 million) plan to take control over archaeological sites throughout the West Bank, including plans to establish 4-7 new settlement tourist sites. The approval of this plan is the fulfillment of a commitment made in the government’s coalition deal, which called for 

The plan has several alarming components, including:

• Nearly $3million allocation of monitoring alleged antiquity destruction by PAlestinians and the Palestinian Authority, as well as for enforcement activities such as demolitioning Palestinian construction near antiquity sites.
• The construction of 4-7 new tourist installments at archaeological sites throughout the West Bank  – the first being a new site at the “Hasmonean Pools” near Jericho. On this, Peace Now explains:

“The Hasmonean Palaces are located in Area C, adjacent to the Palestinian city of Jericho, which mostly falls under Areas A and B. Currently, access to the site passes through Area A. Beyond the site development, the goal of the program is also to enable access and regulate the movement of Israeli visitors from Area C into the site itself. In the past, there have been reports of plans to build a bridge over Area A to allow Israelis to reach the site.”

• The construction of a heritage center to showcase West Bank artifacts, with the possibility of building a new archaeological museum somewhere in the West Bank (location not determined).
•  Surveys and excavatations.

Emek Shaveh and Peace Now both note that this new $33 million project comes in addition to the $9 million dollars in funding that the government approved in May 2023 to develop and “renovate” the archaeological site of Sebastia, located near the Palestinian village of Sebastia, north of Nablus in the heart of the West Bank. The project includes plans to pave a new access road for Israelis to reach the site, which they currently have to access by traveling through the Palestinian village of Sebastia, which will increase and entrench Israeli control not only over the site itself but the surrounding area – effectively weaponizing archaeology as a tool for dispossession.

Emek Shaveh said in a statement:

“With Bezalel Smotrich responsible for the Civil Administration and Jewish Power in charge of the Ministry of Heritage, the archaeological sites are weaponized more than ever before as a means for justifying ‘touristic settlements’, significantly entrenching and expanding the occupation and have become a central component in the present government’s steps towards advancing annexation. Along with massive settlement expansions, settler violence and legislation, the development of heritage sites in the West Bank will give control over substantial public areas and transform the multi-layered historical character of the area beyond recognition.

Although the plan is titled “an emergency plan for protection of antiquities”, only 10 million NIS of a budget of 120 million NIS are actually earmarked for defending sites against antiquity theft. Most of the budget is allocated to acts that constitute de facto annexation of the West Bank in complete violation of international law and the Oslo Accords. It is quite clear that for the current government the plan is yet another component in its efforts to thwart any possibility for a two-state solution and establish a biblical theocracy. We call on the international community to hold the State of Israel accountable to its own commitments under the Oslo accords, to the Two States Solution and to international law.”

 Peace Now said in a statement: 

“The Israeli government continues to settle in the West Bank in every possible way and continues to strengthen the friction with the Palestinian population. Investing over 150 million NIS in new tourist settlements implies exploiting archaeology in the West Bank to promote settlements and adversely affect Palestinians. Instead of investing in archaeological and tourism sites within Israel, the Israeli government continues to prioritize the settler minority over millions of Israelis. Investing in new settlements under the guise of heritage in the West Bank is a divisive move that harms Palestinians, distances peace and the two-state solution, and also undermines Israel’s tourism potential.”

As background, in January 2021, the Israeli government committed funding to a new settler initiative to surveil archeological sites under Palestinian control. While the objective of protecting antiquities might appear uncontroversial and apolitical, the true (and transparently self-evident) objectives behind this effort are: to support yet another pretext to surveil and police Palestinians; to establish and exploit yet another means to dispossess Palestinians of their properties; to expand/deepen Israeli control across the West Bank; and to further entrench Israeli technical, bureaucratic and legal paradigms that treat the West Bank as sovereign Israeli territory. It is the result of a campaign that has taken place over the past year in which settlers have escalated their calls for the Israeli government to seize antiquities and “heritage sites” located in Palestinian communities across the West Bank, especially in Area C, which Israel today treats as functionally (and legally) indistinguishable from sovereign Israeli territory. Funding committed by Israel for West Bank “heritage sites” should be understood in this context

Previous victories for the settlers in this same arena include the Israeli Civil Administration’s issuance in 2020 of expropriation orders – the first of their kind in 35 years – for two archaeological sites located on privately owned Palestinian property northwest of Ramallah. The settlers’ pressure is also credited as the impetus behind the government’s clandestine raid of a Palestinian village in July 2020 to seize an ancient font. 

In June 2020, the “Guardians of Eternity” group began surveying areas in the West Bank that Israel has designated as archaeological sites, looking for Palestinian construction (barred by Israel in such areas) that they could then use as a pretext to demand that Israeli authorities demolish it. The group communicates its findings to the Archaeology Unit of the Israeli Civil Administration (reminder: the Civil Administration is the arm of the Israeli Defense Ministry which since 1967 has functioned as the de facto sovereign over the West Bank). The Archaeology Unit, playing its part, then delivers eviction and demolition orders against Palestinians, claiming that the structures damage antiquities in the area.

And one more reminder: in 2017, Israel designated 1,000 new archaeological sites in Area C of the West Bank. The “Guardians of Eternity” group, not coincidentally, is an offshoot of the radical Regavim organization, which among other things works to push Israeli authorities to demolish Palestinian construction (on Palestinians’ own land) that lacks Israeli permits (permits that Israel virtually never grants).

Smotrich Prepping Plans to Expand Campaign Against Palestinian Construction, With Aim to Expand Authority to Areas A & B

At a meeting of the Knesset Foreign Affairs and Defense Committee, Bezalel Smotrich revealed several plans that intensify and expand Israel’s annexation of the West Bank,, including plans to extend Israeli civilian operations – specifically the demolition of Palestinian construction – into Areas A & B.

Most drastically, Smotrich said that he is preparing a plan – expected to be approved within a month –  that would allow him to direct the demolition of Palestinian buildings in Areas A & B which are determined to be a “security threat.” Smotrich told the Knesset that Israel’s ability to operate in Areas A & B are “key” to national security, and that he is working on plans to create a new unit within the Border Police which will be assigned specifically to construction law enforcement. This would be yet another advancement of Israel’s de facto annexation of the entire West Bank, which is increasingly focused not just on solidifying Israeli sovereignty over Area C but on Areas A & B as well. Haaretz notes that the Knesset Committee spent more time discussing Areas A & B than Area C. It should be noted that the Knesset Committee was convened to discuss what the Israeli government and the settlers believe to be “The Palestinian Authority’s takeover of open areas in Judea and Samaria” — a completely warped narrative of what is transpiring in the West Bank, where Israeli settlements are expanding while Palestinian are facing apartheid conditions. As admitted by an Army officer at the hearing, the Israeli military rejects 90-95% of Palestinian building requests while granting 60-70% of settler building requests

During a discussion of the Palestinian construction, Smotrich said his plan would also see Israel declare activities by Palestinian Authority to be a “foreign hostile activity,” which would prompt Israel to seize funds from the PA. 

Smotrich also discussed two projects being prepared by the Jewish National Fund to plant trees on 2,500 acres of West Bank land. Smotrich talked about this tree-planting operation as a means of annexation, saying: “The [PA] actively works to seize lands. We need to do the same thing….[This means] legalization, construction, agriculture. “ This news comes the same week Israeli operated tractors were filmed uprooting Palestinian owned olive trees near the village of Tarkumiya.

As a reminder, in his role as a civilian minister in the Defense Ministry in charge of the Civil Administration, Smotrich is already empowered to order demolitions in Area C (powers which had previously been held by Israel’s military) — powers which he has wielded aggressively. As defined by the Oslo Accords, Areas A & B constitute 40% of the West Bank where the Palestinian Authority is assigned responsibility for civilian administration matters, like construction. Smotrich’s moves only underscore Israel’s erasure of any meaningful distinction between these areas, which has also been evidenced by routine military incursions into Nablus and Jenin, Israeli activity around antiquity sites under PA control, and more. 

Israel Opens First High Tech Campus in “Silicon Wadi” East Jerusalem Project

The Times of Israel reports that Israel celebrated the opening of its inaugural  high tech workspace that is part of the “Silicon Wadi” project, under which Israel aims to establish a major high-tech hub along the western side of East Jerusalem’s Wadi Joz neighborhood. While touted as a plan that will benefit Palestinians, its implementation has required the eviction of many Palestinian businesses in the area. 

The new $2.8million (NIS 10 million) tech campus is a free workspace for Israeli and international high tech companies, and it has the capacity to host 250 workers with workstations, meeting spaces, and other available services. Four companies have already began working out of the new building.

You can read Ir Amim’s in-depth reporting on the Silicon Wadi project here.

Knesset Pushes Bill to Directly Fund Settlements

The Israeli Knesset is advancing a bill that will allow Israel to transfer tax revenue to the settlements, therefore bringing the settlements under direct Israeli law (an act of de facto annexation, illegal under international law) and further subsidizing the settlement enterprise. Even though the Israeli government has funded settlements from the outset, it has not permitted tax revenue sharing and has typically tried to hide other direct lines of funding to the settlements through non profits and other intermediaries.

The Combatants for Peace told Haaretz: 

“The Netanyahu government has already ceased even trying to hide the institutionalization of apartheid. MK Asher’s reckless bill is another way to transfer budgets and to support the settlement enterprise and perpetuate the oppression and dispossession of Palestinians. What they can’t get in through the door, they’re trying to get in through the window – the main thing is to keep building.”

Another Palestinian Bedouin Community Coerced to Leave Homes By Settler & State Terrorism

B’Tselem reports that the al-Baq’ah Palestinian bedouin village was forced to abandon its village lands located west of Hebron under daily violence inflicted upon it by nearby settler outposts, and decades of harassment by the Israeli state.

The village’s decision to leave comes less than one week after the IDF demolished a water cistern used by all six families living in al-Baq’ah for personal and agricultural work. The villages told B’Tselem researchers that they are fleeing the village in fear of their lives. 

B’Tselem writes:

“Al-Baq’ah joins the nearby communities of Ras a-Tin and ‘Ein Samia, which have already been driven off their lands over the past year under the same circumstances: Israel’s policy creates oppressive, unreasonable living conditions that leave residents of these communities with no choice but to abandon them. Relying on more official means (settlement building, extreme restrictions on Palestinian construction, a prohibition on infrastructure and demolitions), and on less official ones (settler violence against Palestinians), the policy has one goal: taking over more and more Palestinian lands and handing them over to Jewish hands, and it is applied against other communities still living in the area. Forcible transfer is a war crime, even if the state perpetrates it not by forcing people onto trucks but by putting so much pressure on them that their lives become unbearable and they cannot help but leave their homes and lands.”

In the Press: Bibi Denies Reports of “Settlement Freeze” Promise to Biden, Talks His Vision of Peace

Axios reports that on a July 17th call, Netanyahu informed President Biden that he does not expect to advance any more settlement planning, construction, or outpost “legalization” through the end of the 2023 year. Netanyahu issued a statement denying these reports, however Haaretz reports that Netanyahu contradicted that statement during private briefings for members of his staff and foreign journalists.

Separately, in an interview with podcaster Lex Fridman, Netanyahu provided a fresh look at what his vision of a “peace” deal is, explicitly saying that no settlements or settlers (no matter their location) would be uprooted, and that settlers would remain under Israeli sovereignty. He went on to reject Palestinian sovereignty.

Smotrich Claims Credit for U.S.-Israeli Tensions

In an interview with the settler-allied Arutz Sheva outlet (aka Israel National News), Smotrich made a few eye-opening remarks on his policies and motivations, saying:

“Our mission first and foremost is to provide security to the citizens of Israel in the settlements and all over the country. When we talk about the fight against terrorism there are two legs: the first is the development of the settlements and strengthening our grip on the territories of the Land of Israel. After all, terrorism is designed to weaken our grip – and our true answer that will eradicate it and make terrorism futile – will be further construction. When you look at Judea and Samaria, this government is building, regulating, developing, both in construction and in infrastructure on an unprecedented scale….quite a lot of the tensions that exist between the American administration and the Israeli government – and these are tensions between friends and partners and we manage these disputes with respect – stem from the policy that I am leading as a minister in the Ministry of Defense in the settlements with the full backing of the Prime Minister and the Minister of Defense.”

Bonus Reads

1. “How settlers justify their pogroms” (Shabtay Bendet in +972 Magazine)
2. “I was handcuffed and blindfolded for reporting on settler violence” (Basel Adra in +972 Magazine)
3. “‘The escalation is frightening’: Jerusalem Christians fear for their future“ (+972 Magazine)
4. “Israeli Soldiers Protect the Settlers, Then Attack Us Activists” (Illana Hammerman in Haaretz)

Welcome to FMEP’s Weekly Settlement Report, covering everything you need to know about Israeli settlement activity this week.

To subscribe to this report, please click here.

January 13, 2023

1. New Givat Hamatos Expansion Plan 
2. The IDF Has Prepped & Presented its Plan to Expel Palestinians from Masafer Yatta
3. Israel Carries Out Demolitions in Area B
4. MK Danon Unveils Jordan Valley Annexation Bill
5. Settlers Demand Fast-Tracked “Regularization” of Outposts
6. Biden Administration Commits to Doing Nothing More Than Issue Empty Statements in Response to Israel Expanding Settlements/Legalizing Outposts
7. Peace Now Releases 2023 Settlement Map
8. Adalah Publishes Detailed Analysis of New Israeli Coalition Deal

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New Givat Hamatos Expansion Plan

Ir Amim reports that on March 2nd the Jerusalem Planning Committee will consider a brand new plan to expand the area of theGivat Hamatos settlement in East Jerusalem by 40% and to more than double the number of housing units slated to be built there. The new plan – called the “East Talpiyot Hill” plan – involves the construction of 3500 units and 1300 hotel rooms, to be built on a plot of land adjacent to the site where the Givat Hamatos settlement (planned for 2610 units) is slated to be built. As a reminder: tenders for the construction of those units were issued in January 2021 (just hours after PResident Biden was inaugurated), and the construction of the infrastructure for that project is already underway.

The “East Talpiyot Hill” plan involves construction on a strategic strip of land that will expand the area of Givat Hamatos eastward, connecting it with another new settlement plan – the “Lower Aqueduct Plan.” These plans ultimately create a string of settlements — spanning from Gilo to Givat Hamatos to Har Homa — that, together with the planned “Givat HaShaked” settlement to its north, completely encircle the East Jerusalem Palestinian neighborhood of Beit Safafa with Israeli settlement construction. Ir Amim further warns that the inclusion of hotels in this new plan “will likely serve as a major source of competition with the tourism industry in Bethlehem, potentially diverting vital business from the Palestinian economy.” 

This land on which the “East Talpiyot Hill”project will be built was owned by the Greek Orthodox Church until 2009 – when the church sold many of its most prized properties to settler entities. The Church has contested these sales, alleging fraud – but Israeli courts have rejected the Church’s objections and allowed the contested sales to stand. This particular tract of land was sold to an Israeli businessman and the New Talpiyot Hill company, which together initiated this new plan.

Importantly, Ir Amim notes that there are indications that Israel is carrying out land registration for plots located in the tract of land on which the “East Talpiyot Hill” project would be built. This is highly significant, as the registration appears to be happening in secret and – as revealed by Bimkom’s and Ir Amim’s ongoing monitoring and research, “settlement of land title proceedings are largely being used to dispossess Palestinians of their properties and seize more territory in East Jerusalem for Israeli settlement. “

The IDF Has Prepped & Presented its Plan to Expel Palestinians from Masafer Yatta

Haaretz reports that the Israeli Central Command has presented to the Israeli government its plan to expel some X,000 Palestinians from eight villages in Masafer Yatta in the South Hebron Hills – plans it had reportedly  been working on for two months (i.e., even before the new government took power). Sources told Haaretz that the new government has not given the IDF the order to carry out the expulsions yet, but nonetheless the IDF saw fit to design a plan, using vans, to carry out the evictions. Israeli Defense Minister Yoav Galant has reportedly told the IDF that he “needs to study” the matter.

Israel Carries Out Demolitions in Area B

Haaretz has revealed that on November 24, 2022, the Israeli Civil Administration demolished two Palestinian structures in Area B of the West Bank — the area in which, under the Oslo Accords,  Israel enjoys no jurisdiction over civil matters (such as building enforcement). The Civil Administration denies that the demolition violated the Oslo Accords, arguing that it was within its rights because it was acting to address alleged major damage caused to a nearby archaeological site, called Khirbet Tarfin. Israeli political figures were reportedly involved in the decision to carry out the demolitions.

In a statement to Haaretz regarding the demolitions, the Civil Administration stood proudly by its demolition, and committed to defending archaeological sites across the whole West Bank. The statement reads:

“The Civil Administration will continue to expend major efforts and resources in researching and preserving the archaeological sites in Judea and Samaria [the West Bank] in addition to pursuing enforcement activity against antiquities thieves and the building of illegal structures in the heart of archaeological sites.”

The Civil Administration’s statement – and Israel’s move to raze these two Palestinian structures – should be understood against the backdrop of the years-long campaign by settlers pushing the government to unilaterally take control over archaeological sites (defined expansively) throughout the West Bank. In this way settlers and their supporters are- with great success – weaponizing archaeology as a tool for the dispossession of Palestinians. 

This effort should also be understood as an expansion of the settlers’ enormously successful tactics in getting the Israeli government to annex Area C – with Israeli policy now treating Area C as sovereign Israeli territory in virtually all ways (other than a public declaration of annexation). Now that the new governing coalition has announced a total freeze on Palestinian construction in Area C and has increased demolition of Palestinian “illegal” construction (i.e., Palestinian construction on their own private land, but lacking Israeli permits, due to the fact that Israel refuses to issue Palestinians permits to build) — and now that Netanyahu has declared Israel’s “exclusive and inalienable right to all parts of the Land of Israel” — it is not surprising, but is still alarming, to see the same land grab tactics that worked so well in Area C applied in Area B. Indeed, more Israeli actions/policies that further the erasure of any meaningful Oslo-era boundaries between West Bank areas should be anticipated.

MK Danon Unveils Jordan Valley Annexation Bill

MK Danny Danon (Likud) – who previously served as Israel’s Ambassador to the UN – has unveiled a bill that would have Israel unilaterally annex the Jordan Valley.

Jordan Valley annexation bills have been introduced into the Knesset for years, but have rarely if ever received real consideration, though support for such a measure is likely high. In September 2019, Netanyahu committed to annexing the Jordan Valley.

Settlers Demand Fast-Tracked “Regularization” of Outposts

The Forum for Young Settlements, an advocacy group by and for settlers, is pushing the new Israeli government to act swiftly to suspend the rule of law to “legalize” settlement outposts across the West Bank that were built in violation of Israeli law, and many of which are located on privately-owned Palestinian land. As part of the coalition agreements, the parties agreed to “legalize” the outposts within the first 60 days of the new government tenure- – but settlers apparently think this is too long, and are demanding that the government act immediately.

The Forum said in a statement:

“[The Forum] congratulate[s] the Prime Minister and the ministers for establishing a stable national right-wing government for the first time in years, and for introducing ‘Young Settlement Regulation’ into the coalition agreements….this is the time to approve the proposal of the decision-makers for regulation. The government’s decision is already prepared, and over 25,000 residents of the young settlements in the winter months cry out for a resolution to their humanitarian needs and immediately enable the connection of all the young settlements to electricity, water, and other infrastructures.”

Biden Administration Commits to Doing Nothing More Than Issue Empty Statements in Response to Israel Expanding Settlements/Legalizing Outposts

U.S. Ambassador to Israel Thomas Nides told the Israeli Kan news outlet that the U.S. opposes “massive settlement growth” — seeming to signal the Biden Administration’s acceptance of settlement construction on a less-than-massive scale (FMEP president Lara Friedman notes that this reminds her of an old joke: a couple celebrating their 50th wedding anniversary was asked, what made this marriage last so long? Partner 1 responded – “when we got married, we agreed that I get to make all the big decisions, and my partner gets to make all the small decisions; as it turns out, there has never been a big decision, so peace has reigned between us!”). Nides further said that the U.S. continues to oppose outpost legalization but does not have any “red lines” for the Israeli government.

Peace Now Releases 2023 Settlement Map

Peace Now has released an updated map of the West Bank, showing settlements, outposts and more. You can view and download the map here: https://peacenow.org.il/en/%d9%8dsettlements-map-2023

Adalah Publishes Detailed Analysis of New Israeli Coalition Deal

Adalah released a new report on the details contained within the new Israeli coalition deal. The paper examines the following 11 items:

1. Deepened political control over law enforcement and policing;
2. Accelerating the Judaization of the Naqab, Galilee, and beyond;
3. Curbing the prohibition of discrimination in services and products;
4. A new basic law on immigration;
5. Discrimination in education;
6. Impunity for the armed forces;
7. Silencing criticism against Israel;
8. Allowing candidates running for the Knesset to incite racism while undermining Palestinian political participation;
9. Separate and unequal funding for Palestinian localities in Israel; (10) Limiting the Supreme Court’s authority; and
10. De facto annexation of the West Bank.

On de facto annexation of the West Bank, Adalah writes:

“These appointments effectively give the RZP control over all settlement construction projects in the West Bank; authority over nearly all issues relating to the settlements: the building of homes, demolition of homes and other buildings, and all other aspects of daily life. This ministerial position will also no longer require the Prime Minister’s approval at various stages of West Bank settlement construction projects; instead, it will only be required once, during the initial stages. Smotrich has made clear that he intends to use this authority to de facto annex the West Bank by, in particular, dismantling the Israeli military’s Civil Administration over the Israeli Jewish settlers illegally residing there and instead putting their governance under Israeli civil domestic law, while continuing to keep Palestinians under military rule. This move will more deeply entrench the two separate systems of governance that already exist based on racial identity, an unquestionable hallmark of a system of apartheid.”

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 Report, covering everything you need to know about Israeli settlement activity this week.

Welcome to FMEP’s Weekly Settlement Report, covering everything you need to know about Israeli settlement activity this week.

To subscribe to this report, please click here.

July 5, 2019

1. With a Sledgehammer in Silwan, U.S. Officials Legitimize Radical Settler Agenda & Offer De Facto U.S. Recognition of Israeli Sovereignty over East Jerusalem
2. For the Second Time, Jerusalem District Court Accepts “Market Regulation” Principle as Basis For Seizing Privately Owned Palestinian Land for Settlements
3. Settlers, Anticipating Victory on Area C Annexation Push, Expand Annexation Campaign to Include (de facto) Extension of Israeli Control Into Area B
4. U.S. Owners of “Duty Free Americas” Are Sending Millions to the Settlements/li>
5. U.S. Envoy Greenblatt Prefers to Call Settlements “Neighborhoods and Cities” Because International Law is Not “Clear Cut”
6. Bonus Reads

Questions or comments? Contact Kristin McCarthy at kmccarthy@fmep.org.

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With a Sledgehammer in Silwan, U.S. Officials Legitimize Radical Settler Agenda & Offer De Facto U.S. Recognition of Israeli Sovereignty over East Jerusalem

In a gratuitous political stunt that represented an unprecedented statement of U.S. support for Israel’s assertion of sovereignty over East Jerusalem, as well as for agenda of radical right-wing Israeli settlers in East Jerusalem, on June 30, 2019, U.S. Ambassador to Israel David Friedman and Special Representative Jason Greenblatt participated in a highly provocative ceremony at an archeological site in East Jerusalem. The ceremony marking the “opening” of what Israel has dubbed the “Pilgrim’s Road”- an excavation project initiated by the radical settler group Elad beneath the Wadi Hilweh section of Silwan, a Palestinian neighborhood in East Jerusalem adjacent to the Temple Mount/Haram Al-Sharif. 

In response to widespread condemnation of his role in the ceremony (which, among other things, was protested by the anti-settlement watchdog group Peace Now), Friedman made his support for Israel’s claim over East Jerusalem even more explicit. He said:

“The City of David brings truth and science to a debate that has been marred for too long by myths and deceptions. Its findings, in most cases by secular archaeologists, bring an end to the baseless efforts to deny the historical fact of Jerusalem’s ancient connection to the Jewish people. It brings to life the historical truth of that momentous period in Jewish history. Peace between Israel and the Palestinians must be based upon a foundation of truth. The City of David advances our collective goal of pursuing a truth-based resolution. It is important for all sides of the conflict…The City of David is an essential component of the national heritage of the State of Israel. It would be akin to America returning the Statue of Liberty.”

Peace Now said in a responded: 

“This is no less than American recognition of Israeli sovereignty in the sensitive area of the Holy Basin, contrary to the American position throughout the years since 1967. The Trump Team chooses to strengthen the hold of the settler fringe in the sensitive area of ​​the Holy Basin instead of advancing a conflict-ending peace agreement. The tunnel, the way it was dug and its geo-political ramifications, are trampling on the reputation of Jerusalem as a city sacred to all religions and belonging to all its inhabitants. It is part of the transformation of Silwan into a Disneyland of the messianic extreme right wing in Israel and the United States – just steps from the Al-Aqsa Mosque and the Temple Mount.”

Raising the ignored (by Friedman, Greenblatt, et al) issue of the project’s impact on Palestinians living above the excavation site, the Haaretz Editorial Board wrote, in a piece entitled “Settlers in the White House,”:

“The participation of American diplomats at an event sponsored by a right-wing group in East Jerusalem constitutes de facto recognition of Israeli sovereignty in Jerusalem’s historic basin…This recognition doesn’t just put the American administration on the extreme right of the Israeli political map – thus undercutting the claim that American can be an unbiased broker between Israel and the Palestinians – but it also ignores the complicated reality in Silwan, East Jerusalem and the entire region. The tunnel, which was excavated using controversial methods from a scientific standpoint, harnesses archaeology to politics while ignoring the nuances of Jerusalem’s ancient past. But the main problem is that excavating under the street blatantly ignores what’s happening at street level. In Silwan alone there are 20,000 Palestinians without citizenship or civil rights, who justifiably feel that this archaeological project is aimed at forcing them out of their neighborhood. Surrounding Silwan are another 300,000 Palestinian residents of East Jerusalem, also without rights.”

Israeli NGO Emek Shaveh – a group of expert archaeologists – said in a statement:

“The use of archaeology by Israel and the settlers as a political tool is a part of a strategy to shape the historic city and unilaterally entrench Israeli sovereignty over ancient Jerusalem. It is a process which is likely to produce devastating results for both Israel and the Palestinians.  It is inexcusable to ignore the Palestinian residents of Silwan, carrying out extensive excavations of an underground city and to use such excavations as part of an effort to tell a historic story that is exclusively Jewish in a 4,000 year-old city with a rich and diverse cultural and religious past.”

Greenblatt – who is not an archeologist, punched back with a tweet suggesting that Emek Shaveh “NGO seems to misunderstand the meaning of ‘archeology.’”

The Palestinian Authority said in a statement:

“We consider the participation of (US Mideast Envoy) Jason Greenblatt and David Friedman to be criminal collusion in the commission of a war crime that must be condemned as well as universally and unequivocally confronted.”

Elad launched its excavation of the “Pilgrim’s Road” in 2007, with the full support of the Israel Antiquities Authority (IAA). For more background on the tunnels and how radical Israeli settlers have exploited excavation, tourism, and the ancient character of Jerusalem in order to serve their ideological agenda – see the comprehensive reporting by Emek Shaveh.

For the Second Time, Jerusalem District Court Accepts “Market Regulation” Principle as Basis For Seizing Privately Owned Palestinian Land for Settlements

In June 2019, Judge Carmi Mossek became the second district court judge to accept the “market regulation” principle as a valid legal basis for retroactively legalizing settlement buildings that were built on land that even Israel recognizes is privately owned by Palestinians. The case in question revolves around four buildings in the Alei Zahav settlement that are partially built on Palestinian land, as revealed by the results of a land survey in 2016 by the Israeli “Blue Line” team (a team whose purpose is to survey the West Bank in order to find more land onto which Israel can expand settlements).  

According to Israeli Attorney General Avichai Mandleblit – who first promoted the use of the “market regulation” principle – the principle can only be applied to cases in which all parties involved in the “accidental” construction can demonstrate that they acted in “good faith,” – e.g., with support from the State and without knowing the land in question was privately owned Palestinian land (an argument which of course ignores Israel’s responsibility under international law to protect the property rights of Palestinians living under Israeli occupation). 

In this latest case, the state argued that the “market regulation” principle provides a basis for legalizing settlement construction that was “accidentally” built on privately owned Palestinian land in the Alei Zahav settlement. The judge accepted this argument, despite the fact that the High Court of Justice is still considering the validity of “market regulation” as a legal principle. Depending on how the High Court rules, the “market regulation” principle could pave the way for Israel to expropriate Paelstinian land across the West Bank instead of returning it to its legal owners in order to retroactively legalize as many as 3,000 settlement units. In her ruling, Judge Mossek agreed with the State that the settlers’ “good faith” entitles them to be recognized as the legal owners of the land. Jude Mossek gave the state until September to complete the administrative process of retroactively legalizing the houses.

The first case the state of Israel brought forward to test the “market regulation” principle, relating to the Mitzpe Kramim outpost, made clear that “good faith” is in the eye of the beholder, and that when the beholder is the state of Israel, there is a readiness to stretch and twist the meaning of the term “good faith” well beyond any reasonable understanding of the term. That case is the one currently being considered by the High Court of Justice.

Settlers, Anticipating Victory on Area C Annexation Push, Expand Annexation Campaign to Include (de facto) Extension of Israeli Control Into Area B

Settlers recently sent a letter to Israeli Prime Minister Netanyahu asking him to stop Palestinian construction taking place in Area B of the West Bank, arguing that the construction is too close to Israeli settlements in Area C. As defined in the Oslo Agreements, Area C is 60% of the West Bank that Israel retained civil and security control over; Area B constitutes 22% of the West Bank where the Palestinian Authority has civilian control, but Israel exerts control over all security matters.

This new plea from the settlers is a dangerous – but predictable – extension of the settlers’ success in pushing for Israel’s unilateral annexation of Area C, a demand which is increasingly validated in the official discourse of both the Netanyahu government and the Trump Administration. It is consistent with a tactic that has, for decades, served the settlers well: as settlements (by various means) expand ever-closer to Palestinian built-up areas, and ever-deeper into the West Bank, settlers complain that the close proximity of Palestinians threatens their security, and demand that the IDF take action (leading to road closures, land seizures or closures for “security reasons,” “temporary” seizures of homes for IDF use, etc).

In their plea to stop Palestinians from building on land that even Israel recognizes belongs to them, and that under Oslo is under Palestinian civilian control land, the settlers argue:

“This is a construction that seriously harms the personal security of every Israeli living in the communities of Gush Shilo and especially in Amichai, and the public expects the cabinet to wake up, take responsibility and stop this thing immediately.”

U.S. Owners of “Duty Free Americas” Are Sending Millions to the Settlements

An Associated Press investigation revealed that family that owns the highly profitable and ubiquitous retail chain “Duty Free Americas” is a major source of financial support for some of the most radical settler groups in Israel. According to documents uncovered by the Democratic Bloc, the Florida-based Falic family is the single largest donor to Israel Prime Minister Netanyahu and has given over $5.6 million to settler groups over the past decade. These donations have included:

1. $1 million to projects associated with the radical group Ateret Cohanim, which is focused on taking control of property in East Jerusalem, especially in the Old City, including by means that are morally and legally questionable;
2. Roughly $600,000 to “Hachnasat Orchim Hebron,” an organization that brings tourists to visit radical settlers living in downtown Hebron enclaves. The group was founded by Baruch Marzel, who served as an aid to the ultra-nationalist and racist leader Meir Kahane; Marzel is still listed by name in the CIA World Factbook as a leader of Kach/Kahane Chai, which are U.S.-designated Foreign Terrorist Organizations. In addition to bringing tourists to the settlers, the group also distributes snacks to Israeli soldiers who protect the radical enclaves;
3. Funding to organizations that call for Israel to take control over the Temple Mount, tear down the Al-Aqsa Mosque and the Dome of the Rock, and build a synagogue in their place (the “Third Temple”);
4. Support for a winery inside the Psagot settlement. The Psagot winery – as is the case with other settler-run wineries in the West Bank and the Golan Heights –  is complicit in advancing and normalizing the settlements through tourism; 
5. A biblical theme park inside of the Shiloh settlement;
6. In 2014, the Falics donated to the construction of a synagogue and mikveh (a ritual bath) in the unauthorized Kerem Reim outpost. Since then the Israeli government retroactively legalized the Kerem Reim outpost;
7. $50,000 to an organization that acts as a fundraising arm on behalf of Lehava, an extremist, openly-racist Israel organization that advocates against Jewish-Arab couples and assimilation in Israel. Lehava is often is accused of using intimidation and even violence.

While the Falic family’s tax records disclose many causes their family foundation supports, when it comes to most of their donations to Israel-based groups, that money appears to be channeled via Panamanian-based companies, through the family’s Israel-based Segal foundation (whose name is a Hebrew acronym based on the Falic brothers’ first names). This arrangement – which the family states is because one of the Falic brothers lives in Panama – allows for next to zero transparency regarding where the money ends up.

Ran Cohen of the Democratic Bloc, an Israeli NGO which did key research for the AP investigative story on the Falic family,  told FMEP:

“Unfortunately, the Falic family story is just another example in a wider picture of private American funding that goes to support racist and anti-democratic trends in Israel. Many of these supporters maintain a public face as Israel-loving philanthropists, when in fact, they fuel some of the most dangerous, extreme, and racist agendas in Israel. We at the Israeli Democratic Bloc, took upon ourselves the mission to research , educate and systematically expose those who threaten Israel’s democratic space”

MK Aida Touma-Sliman (Hadash-Ta’al) said:

“The Falics donate to racist organizations preserving the ‘purity of the Jewish race’ and to the most violent segregationists settling in Hebron and East Jerusalem. The settlements cannot exist without the support of extremist capitalists from the US, these donors must be exposed.”

This revelation is the latest in a growing body of investigative work into previously secretive channels of U.S. money flowing to Israeli settlements and extremists. In January 2019, the American NGO T’ruah investigated and revealed that U.S. donations were finding their way to Kahanist groups in Israel. A December 2018 investigation by Haaretz revealed that Christian groups have given up to $65 million in projects in the “Biblical Heartland” over the past decade, in addition to non-financial donations like volunteer laborers. In October 2018, journalist Josh Nathan-Kazis reported that the San Francisco Jewish Federation was using an Israeli organization to channel funds to organizations fighting to stifle criticism of Israeli policies and punish activists who engage in such criticism, particularly on college campuses. A 2017 Haaretz investigation revealed that millions of tax-deductible donations to the Jewish Federations of North America go to fund West Bank settlements.

U.S. Envoy Greenblatt Prefers to Call Settlements “Neighborhoods and Cities,” Claiming International Law is Not “Clear Cut”

U.S. Special Representative Jason Greenblatt told the audience at a conference on U.S.-Israel relations hosted by Sheldon Adelson’s “Israel Hayom” media outlet that:

“International law, UN resolutions and internationally recognized parameters are not always clear cut. They are interpreted differently in good faith by different parties and they do not provide an executable solution to this conflict…[To resolve the conflict, people have to stop] pretending that settlements, or what I like to call neighborhoods and cities, are the reason for the lack of peace.”

In fact, international law is clear. According to Article 49 of the 4th Geneva Convention,  “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” [It is worth re-reading the whole thing to grasp the scope of Israel’s violations of international law in its conduct in the territories it occupied in 1967). Amnesty International also notes that:

 

“The extensive appropriation of land and the appropriation and destruction of property required to build and expand settlements also breach other rules of international humanitarian law. Under the Hague Regulations of 1907, the public property of the occupied population (such as lands, forests and agricultural estates) is subject to the laws of usufruct. This means that an occupying state is only allowed a very limited use of this property. This limitation is derived from the notion that occupation is temporary, the core idea of the law of occupation. In the words of the International Committee of the Red Cross, the occupying power ‘has a duty to ensure the protection, security, and welfare of the people living under occupation and to guarantee that they can live as normal a life as possible, in accordance with their own laws, culture, and traditions.’ The Hague Regulations prohibit the confiscation of private property. The Fourth Geneva Convention prohibits the destruction of private or state property, ‘except where such destruction is rendered absolutely necessary by military operations.’”

 

In addition to Greenblatt’s fawning over the settlements, Dr. Miriam Adelson also drew headlines for her speech in which she speculated that there might eventually be a “Book of Trump” added to the Bible in recognition of what Trump has done for the state of Israel. Adelson got the love right back, in the form of a remarkably candid comment from former U.S. Ambassador to the UN, Nikki Haley (who many speculate is the Adelsons’ chosen candidate to succeed Trump). During a public interview in Jerusalem conducted by Miriam Adelson, Haley noted: “A lot of the strength the U.S. is showing for Israel, Sheldon and Miriam Adelson played a very big part in” [As noted by FMEP’s President Lara Friedman: “If a critic of Israel said this, they’d be instantly accused of antisemitism…”]

Bonus Reads

1. “How TripAdvisor is Fueling Human Rights Violation is Khirbet Susiya” (Amnesty International)