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

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July 12, 2024

1. A Stunning, Expansive Time for Israel’s West Bank Annexation
2. Civil Admin Seizes Patchwork of Plots as “State Land” in Order to Legalize the Evyatar Outpost
3. Government Establishes Jurisdiction for New Settlement on World Heritage Site Near Bethlehem
4. Settlers Takeover New Building in Hebron
5. Historic Year for Land Grabs: Israel Seizes Over 3,000 Acres in the Jordan Valley as “State Land”
6. Civil Admin Advances Plans to Legalize Three Outposts & Build 5k New Units Across West Bank
7. Israeli Cabinet Gives Civil Admin Authority Over Antiquity Sites in Area B
8. Israeli Cabinet Supports Knesset Considers Bill to Transfer West Bank Antiquities Control from Civil Admin to Domestic Body
9. U.S. Issues New Round of Sanctions Against Settlers & Settler Organizations
10. Israeli Court Orders 11 Families Out of Homes in Batan al-Hawa, Silwan
11. Israeli Court Rules to Demolish Wadi Hilweh Info Center in Silwan
12. Israeli Court Tells Settlers To Leave Khalidi Library in Old City of Jerusalem
13. Israel to Advance 6,000+ Settlement Units in East Jerusalem in Coming Weeks
14. Amidst Wave of Violence, Settlers Lead Progrom On Massafer Yatta Region
15. Ariel Settlers Close Access Road to Palestinians
16. IDF Demolishes Outposts, Clashes With Settlers
17. Bonus Reads

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A Stunning, Expansive Time for Israel’s West Bank Annexation

Over the past two weeks, Israel has unleashed a flurry of settlement activity that makes its annexation of the West Bank complete. Even a small sampling of those acts, detailed below along with other news, are stunning when taken together. Indeed, Israeli National Missions Minister Orti Strock called this “a miraculous time,” referring to the control her and her allies have over key government bodies and how easy it is for them to fund settlement construction. Strock is a member of the Religious Zionism party, along with Bezalel Smotrich.

Renowned Israeli human rights lawyer Michael Sfard encapsulates this time powerfully in an article entitled, “Smotrich Has Completed Israel’s Annexation of the West Bank”:

“The only thing the annexationist criminals must be saying to themselves now is: why did we wait for 57 years? It’s so easy.”

Civil Admin Seizes Patchwork of Plots as “State Land” in Order to Legalize the Evyatar Outpost

On July 8th, the Israeli government declared 16 acres (66 dunams) of land south of Nablus as Israeli “state land” in order to pave the way for the legalization of the Evyatar outpost. Palestinians who have private ownership claims to the land have 45 days in which to submit an appeal. The declaration is the result of three years of “work” by Smotrich’s Settlements Administration to examine the status of the land in order to find a way for the state to take control of the land in order to legalize the outpost. The declaration comes one week after the Israeli Security of Cabinet decided in favor of legalizing the Evyatar outpost along with four other outposts.

The Evyatar outpost was illegally built by settlers on a strategic hilltop named Mount Sabih, located just south of Nablus on land historically belonging to nearby Palestinian villages Beita, Yatma, and Qablan. It was evacuated by the Israeli government in 2021 in the context of an agreement with settlers that left all construction at the site in place, maintained an IDF presence at the site, and made clear the government’s intent to legalize settlement at the site in the future – a goal which was made more than official when it was agreed to in writing as part of the coalition agreements that formed the current Israeli government.

To underscore the absurdity which has characterized the State’s blatant intent to legalize Evyatar even though Israeli law makes that an impossibility because parts of the land are recognized by the State as privately owned by Palestinians (which is the only reason Evyatar has yet to be legalized), the State’s new declaration of “state land” is a complete patchwork. The order does not include the land on which the central square of the outpost is built, nor does it include 11 buildings, or, very importantly, the access road leading from the main road to the outpost. The implications of this patchwork is that even though the privately owned land was not seized, Palestinians will remain unable to access the land and will, in practice, lose that land as well as land abutting the settlement as it grows, expands, and establishes control over the area with the assistance of the IDF.

Peace Now reports that this is the fifth “state land” declaration so far in 2024 bringing the total land in the West Bank taken into Israeli control this year to 5,879 acres (23,572 dunams), breaking all previous annual records combined. Israel invented the concept of “state land” in order to find means by which to confiscate land in the occupied West Bank, and to do so Israel cites Ottoman law which provided that land which has not been cultivated in consecutives years becomes the property of the sovereign. Peace Now explains:

“The declaration process is essentially a legal maneuver developed by Israel to circumvent the prohibition in international law against expropriating private property of the occupied population for the benefit of the occupying power. To “convert” private land into public land (termed “state land”) without expropriating it, Israel claims that it is not changing the land’s status but merely “declaring” it officially.

According to Israel’s interpretation of Ottoman land law, which underpins the land laws in the occupied territories, if a landowner does not cultivate their land for several years, the land is no longer theirs and becomes public property. To this end, the mapping personnel of the Civil Administration, now operating under the Settlements Administration with legal counsel under Minister Smotrich, examine aerial photographs to identify uncultivated lands and mark them as “state land.”

The declaration map for the Evyatar outpost shows that there were indeed several cultivated lands, even by Israel’s stringent interpretation. For example, the declaration creates an enclave of about 3.5 dunams in the middle of the area designated for the settlement, considered private land. In principle, Israel would argue that it is not expropriating this area and that the Palestinian landowners are still recognized as the owners. However, as in hundreds of similar cases, it is clear that they will not have access to their land and no possibility of using it when it is located in the middle of an Israeli settlement.

To enable an access road connecting the outpost to the main road without crossing private land, the map’s designers managed to “find” an 11-meter-long and 1.5-meter-wide corridor of land that they claim was uncultivated and thus considered state land. This interpretation of Ottoman law brings it to absurdity.

According to this, if a person has a plot and cultivates it intensively, but there is a small uncultivated strip on the edges, say a rock that cannot be plowed, that small part of the plot is not owned by the landowner. This interpretation is far removed from the purpose of the Ottoman law, which was to encourage the empire’s subjects to cultivate the lands to increase its tax revenues.

Regarding the access road – in any case, for modern vehicles, a road 1.5 meters wide is insufficient, and it is clear that to allow access to the settlement, the state will encroach on private Palestinian lands (requiring another legal maneuver). Thus, it can be said that this entire declaration of state land is essentially an unlawful expropriation under international law.”

Government Establishes Jurisdiction for New Settlement on World Heritage Site Near Bethlehem

On July 9th, the IDF Commander signed an order establishing the jurisdiction for a new settlement on the lands just west of Bethlehem, lands that are recognized as a World Heritage Site by UNESCO. Notably, the jurisdiction for the new settlement, called “Nahal Heletz”, does not include the land on which two illegal outposts already exist on Battir’s land. The new settlement is being planned for land that is between Bethlehem and several villages to its west (Walaja, Battir, and Husan) –  meaning that construction on this land will sever the territorial continuity of Palestinian land in the Bethlehem region, and, in the words of Peace Now: “turn them [the villages] into an enclave within Israeli territory.”

There are several extraordinary facts about this land and Israel’s legal acrobatics to establish a new settlement at this location:

1. 1. The status of the land within the new jurisdiction is unclear, and quite possibly includes privately owned Palestinian land. The Israeli Blue Line Team (a government effort to precisely map the boundaries of state land in the West Bank) has prepared updated maps to show the boundaries of state land in the area, but has yet to release it – meaning that the status of the land is unclear. The jurisdiction appears to stretch beyond the previously understood boundaries of land that Israel seized as “state land” in the 1980s, onto land that is privately owned by Palestinians. The updated boundaries might change that fact in the eyes of the Israeli government. But,once the new Blue Line in the area is made public, Palestinians will/should be able to contest it.
   2. There is no access road to the area, and it is surrounded by privately owned Palestinian land. Israel will have to unilaterally expropriate privately owned Palestinian land in order to pave a road to the new settlement – – an extraordinary act which Israel has done in the past (having invented a legal basis on which to do it, a concept which considers Israeli settlers as part of the “local population” of the West Bank).
   3. The jurisdictional area established by this new order is too small for real development  – just under 30 acres (120 dunams). Peace Now explains that “small settlements severely impact open spaces, require substantial resources for infrastructure and transportation, and contradict fundamental planning principles. The sole reason for establishing such a settlement is political: the desire to prevent a Palestinian territorial continuity in the Bethlehem area and the possibility of a viable Palestinian state.”
   4. The jurisdiction is a stones throw away from Palestinian houses and Area B.

Settlers Takeover New Building in Hebron

Peace Now reports that in early June 2024 settlers have taken over a building (“Beit HaTkuma”) in Hebron and established a new settlement enclave there. The house, which settlers illegally entered once before but were removed under the Bennet-Lapid government, on the main road leading from the Kiryat Arba settlement to the Tomb of the Patriarchs/Al-Ibrahimi Mosque.

Settlers claim to have purchased the house, which is a three-story building, from its Palestinians owners, and report that the Civil Administration has recently issued them a permit to begin the registration process. The timing of this permit coincides with the first days of Hillel Roth’s assumption of his role in the Defense Ministry as the civilian in charge of all land matters in the West Bank. Upon receiving the permit (allegedly), the settlers decided to enter and occupy the building although the permit does not provide for that. [map]

Historic Year for Land Grabs: Israel Seizes Over 3,000 Acres in the Jordan Valley as “State Land”

On June 25th, the head of the IDF signed an order declaring 3,138 acres (12,700 dunams) of land in the Jordan Valley as  “state land” – the largest state land seizure since the Oslo Accords were signed in 1993. This is the first declaration enacted under the authority of Hillel Roth, the new civilian deputy in the Civil Administration responsible for land policy in Area C of the West Bank. Peace Now reports that the legal opinion supporting this massive declaration of state land was crafted by lawyers in the Department of Defense and not legal advisors with the IDF.

Peace Now further reports:

“A significant part of the area that was declared as state land was previously defined as a nature reserve, and also as a “fire area”, for military use, for decades. Today’s announcement completes the Israeli takeover of this area that has been done so far through the declaration of the area as a military area and as a nature reserve – something that imposed many restrictions on the Palestinians’ ability to use their lands. The declaration creates a territorial continuity between the settlements in the Jordan Valley (Yifit and Masu’a) and the settlements at the eastern end of the mountainside (Gitit and Ma’ale Efraim).”

So far in 2024, Israel has declared 5,852 acres as “state land” a figure eclipsing any other year since the Oslo Accords were signed in 1993. The highest previous total was in 2014, and it was for 1,181 acres.

Civil Admin Advances Plans to Legalize Three Outposts & Build 5k New Units Across West Bank

On July 4th, the Israeli Civil Administration approved the advancement of plans for 5,295 settlement units, including plans which would in effect legalize three outposts under the guise of being “neighborhoods” of existing settlements. This is the first time the Civil Administration’s High Planning Council has met since it came under the authority of a civilian official, Hillel Roth, who was appointed by Bezalel Smotrich. The HPC last met in March 2024. The Associated Press has called Israel’s advancement of plans a “turbo charged settlement drive [that] threatens to further stoke tensions on the West Bank.”

The three outposts that are now on their way to legalization, once given final approval, are:

• Mahane Gadi – to be legalized as a neighborhood of the Masu’a settlement in the northern Jordan Valley. This outpost was built in 2018 on an abandoned Isareli military camp. The outpost currently functions as an educational campus and pre-military academy. Plans advanced this week are for the construction of 260 settlement units. Masu’a settlement, and its outpost satellites, were recently benefitted by the Israeli government’s massive declaration of state land that borders Masu’a.  
• Givat Hanan (Susya East) – to be legalized as a neighborhood of the Susya settlement located in the South Hebron Hills.
• Kedem Arava – it appears that the Kedem Arava outpost was legalized along with Beit Hogla in February 2023 (previously unclear), located south east of Jericho. Plans advanced this week are for 316 settlement units in the Kedem Arava outpost area, but filed as if they are plans for the Beit Hogla settlement. 

The settlement plans that were approved for validation (a near final step in the West Bank planning process) are:

• Beitar Illit – 298 settlement units. An additional 453 units were approved for deposit (751 settlement units total).
• Givat Zeev – 452 settlement units
• Mitzpe Yericho – 365 settlement units
• Nokdim – 290 settlement units
• Immanuel – 266 settlement units 
• Elon Moreh – 186 settlement units
• Kiryat Arba – 165 settlement units 
• Negohot – 158 settlement units
• Tzofim – 74 settlement units
• Ganei Modiin – 46 settlement units
• Etz Efraim – 12 settlement units. An additional 24 units were approved for deposit (36 units total)
• Eli – 24 settlement units
• Mitzad (Asfar) – 6 settlement units

The settlement plans that were approved for deposit (an earlier step in the West Bank planning process) are:

• Neria – 436 settlement units
• Modin Illit – 300 settlement units
• Gva’ot – 250 settlement units. There were over 1,000 plans for the Gva’ot settlement on the High Planning Council’s agenda, but only one plan was advanced, the rest continue to be worked on.
• Yakir – 168 settlement units. Haaretz reports that these units are slated to be built on land that is discontiguous from the built up area of the Yakir settlement,  on the far side of the settlement’s access road, effectively building a new settlement. The construction of these units requires the evacuation of a military base. 
• Kiryat Netafim – 136 settlement units
• Hagai – 135 settlement units
• Maale Shomron (Elamatan) – 120 settlement units
• Almon (Anatot) – 91 settlement units
• Shilo – 90 settlement units
• Pduel – 37 settlement units
• Revava – 16 settlement units
• Elkana – 8 settlement units
• Shaarei Tikva – 6 settlement units

Peace Now said in a statement: 

“Netanyahu and Smotrich’s agenda became evident through the decisions of the Planning Council: approval for thousands of housing units, the establishment of three new settlements, and strategic appointments of Smotrich’s allies in key roles instead of military personnel underscore the annexation occurring in the West Bank. Our government continues to change the rules of the game in the occupied West Bank, leading to irreversible harm. While the north is neglected and citizens across the country are abandoned, with 120 hostages still in Gaza, the process of annexation and land theft continues to expand, contrary to Israeli interests. This annexationist government severely undermines the security and future of both Israelis and Palestinians, and the cost of this recklessness will be paid for generations to come. We must bring down the government before it’s too late.”

Israeli Cabinet Gives Civil Admin Authority Over Antiquity Sites in Area B

In late June, the Israeli Cabinet approved several punitive measures against the Palestinian Authority, measures which included usurping the Palestinian Authority’s singular responsibility for antiquity sites in Area B. Under the decision passed last week, the Civil Administration was granted enforcement powers over antiquity sites in Area B that are alleged to be damaged. 

Emek Shaveh explains why this is incredibly significant:

“Approximately 6,000 archaeological sites have been identified in the West Bank. Almost every village or settlement contains archaeological and historical remains that require archaeological supervision to prevent damage to sites, structures, or findings. Thousands of sites are located in Areas A and B…expanding the powers of the [Civil Administration] into these areas represents another Israeli departure from the Oslo Accords. The implications of the decision for Palestinian residents are far reaching. The Staff Officer for Archaeology [in the Civil Administration], which derives its authority from the antiquities law effective in the West Bank (the Jordanian Antiquities Law of 1966), will now be empowered to perform various enforcement actions in Area B including:

• Declaration of archaeological sites, determining their boundaries.
• Issuing work stoppage orders for any development within the boundaries of a declared site or a site suspected of containing archaeological remains.
• Imposing fines for damage to an antiquity site, whether the site is declared or not.
• Demolishing structures located within a declared archaeological site or one that will be declared in the future.
• Collecting information, investigating, and requesting the arrest of suspects in antiquities theft or illegal antiquities trade.

This decision taken together with other decisions for Area B aimed at promoting annexation will dramatically reduce Palestinian space. It should be noted that the SOA consistently avoids enforcing the law when it comes to heritage site destruction by settlers (this is true in Hebron, Battir, and in other places)….

The expansion of archaeological activity into the oPt, especially as reflected in this cabinet decision, indicates the government’s intention to promote annexation by any means. It also fundamentally challenges the possibility of conducting impartial archaeological-scientific activity as long as it operates as part of an oppressive mechanism under military auspices. Israeli archaeological activity in the West Bank necessarily becomes an act of land appropriation and a deepening of Israel’s hold on the West Bank. This action violates international law and ethics, disregards the existence of the Palestinian community, and serves as a weapon for oppression.

The destruction of sites cannot and should not serve as a pretext for political action, and political action should not be disguised as archaeological activity. Blurring the distinction between heritage preservation and settlement and annexation activities turns the practice of archaeology into a weapon of oppression while undermining its professional legitimacy.”

Notably, Israel Hayom credits this Cabinet action to a settler group called “Keepers of the Eternal,” (or, “Guardians of Eternity” – an offshoot of Regavim) the leader of which called the new powers granted to the Civil Administration “dramatic.” FMEP has reported on this group repeatedly as it has increased its pressure on and work with the government to take control of West Bank antiquity sites. Dating back to June 2020, the “Guardians of Eternity” 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 systematically began communicating its findings to the Archaeology Unit of the Israeli Civil Administration.

Then in January 2021, the Israeli government committed funding to a 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. 

Israeli Cabinet Supports Knesset Considers Bill to Transfer West Bank Antiquities Control from Civil Admin to Domestic Body

Emek Shaveh reports that the Israeli cabinet gave its support to a bill in the Knesset that would transfer authority over West Bank antiquity sites from the Defense Ministry’s Civil Administration to the domestic Israeli Antiquities Authority, bringing the cultural, heritage, and archaeological sites in the West Bank under the direct control of the Israeli government in which West Bank Palestinians have no rights. 

The bill, as proposed by Likud’s Amit Halevi, explains that the move is justifiable because the West Bank antiquity sites (unbelievably) “have no historical or other connection to the Palestinian Authority.” The bill passed a preliminary vote in the Knesset on July 10th.

U.S. Issues New Round of Sanctions Against Settlers & Settler Organizations

On July 11th, the United States announced another round of sanctions targeting Israeli settlers and settler organizations it asserts are perpetrating violent crimes against Palestinians and Israeli solidarity activists in the West Bank. These sanctions expand the web or already sanctioned individuals and entities.

The individuals and entities sanctioned by the U.S. this week are:

• 1 settler organization: 
  • Lehava – a settler group led by Benzi Gopstein, who is already under U.S. sanctions.
• 3 individuals:
  • Issachar Manne – who established the Manne’s Farm outpost.
  • Reut Ben Haim – the co-head of the Tzav 9 settler group, which is already under U.S. sanctions;
  • Shlomo Sari – the co-head of the Tzav 9 settler group, which is already under U.S. sanctions;
• Four illegal outposts:
  • Meitarim Farm (established by Yinon Levi, who is already under U.S. sanctions);
  • HaMahoch Farm (established by Neria Ben Pazi, who is already under U.S. sanctions);
  • Neria’s Farm (established by Neria Ben Pazi, who is already under U.S. sanctions); and,
  • Manne’s Farm, established by Issachar Manne, who came under sanctions this week, and located in the South Herbon Hills.

Notably, The Times of Israel has previously reported that in 2021 a corporation owned by the Har Hebron Regional Council signed a legally binding contract with Yinon Levi (a previously sanctioned individual) to establish Meitarim Farm. This legal connection exposes the settlement municipality to US sanctions as well.

Aaron David Miler, a former state department Middle East negotiator now a senior fellow at the Carnegie Endowment for International Peace, tells The Guardian that the expanding targets of U.S. sanctions are creeping closer towards the Israeli government, saying:

“It appears that [the U.S. State Department] not just targeted extremist settlers but … introduced a linkage to territoriality by citing illegal outposts…It doesn’t take much imagination to conclude that the next target would be [Israeli] government financing for illegal outposts. And that would be a new departure to be sure.”

Sara Yager, Washington director of Human Rights Watch, said:

“In this case we’re pleased that the Biden administration is going farther than before with the alert…Now it’s time for sanctions against the Israeli authorities that are approving and inciting. We want to see the US, UK, Canada and others focus on power behind all this in the West Bank.”

Israeli Court Orders 11 Families Out of Homes in Batan al-Hawa, Silwan

This week the Jerusalem District Court ruled on two significant cases affecting 11 Palestinian families in Silwan facing forcible eviction from their homes at the hands of the Ateret Cohanim settler organization. Both cases were found in favor of the settlers, leaving 11 families at risk of imminent mass displacement from East Jerusalem. The Palestinians plan to appeal the ruling to the Israeli Supreme Court – though it was only a month ago that the Supreme Court rejected an appeal by the Shehadeh family whose case is similar to those decided this week.

On July 9th, the Israeli court rejected the final appeal of the Gheith and Abu Nab families (4 family units totalling 22 individuals) and ordered their immediate eviction. The families were also ordered to pay the legal fees incurred by Ateret Cohanim.

On July 10th, the Israeli court rejected the final appeal of the Rajabi family (7 family units, 65 individuals), ruling that the 66-member family must vacate their longtime home by January 2025.

In both cases, Ateret Cohanim claims ownership of the buildings becuase it gained control of the historic Benvenisti Trust, which oversaw the assets of Yemenite Jews who lived in Silwan in the 19th century. 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 (i.e., to Ateret Cohanim). Since then, Ateret Cohanim has accelerated its multi-pronged campaign to remove Palestinians from their homes, claiming that the Palestinians are illegal squatters. Silwan is just one site of Ateret Cohanim’s work to establish Jewish enclaves inside densely populated Palestinian neighborhoods of East Jerusalem, for the explicit purpose of “reclaiming” Palestinian parts of Jerusalem for Jews.

Ir Amim explains:

“These families are among some 85 Palestinian families, consisting of over 700 individuals, who face largescale displacement and settler takeovers of their homes in Batan al-Hawa. This is a result of eviction claims filed by a Jewish trust established in the 19th century, which is now controlled by the Ateret Cohanim settler group who is exploiting it to take over Palestinian homes. 

While carried out under a veneer of legitimacy, the proceedings are underpinned by discriminatory laws, political motivations, and a system that is rigged against Palestinians from the outset which deprives them of equal access to justice. Moreover, theses measures are a violation of international law and could amount to a form of forcible transfer. 

Rather than adjudicating these cases from a broader perspective, which includes moral, geopolitical, and humanitarian considerations, as well as international law, the Israeli judiciary is instead complicit with these moves.

These cases are part and parcel of a coordinated and systematic political campaign aimed at uprooting Palestinians and expanding Jewish settlement in the heart of Palestinian neighborhoods. While the eviction claims themselves are initiated by settlers, they are aided and abetted on all levels of the state, which carry far-reaching implications on the future of Jerusalem and the conflict as a whole.”

Israeli Court Rules to Demolish Wadi Hilweh Info Center in Silwan

On July 3rd, the Jerusalem Court of Local Affairs ruled that the Wadi Hilweh Information Center will be demolished within a year, and fined the Center over $5,000 (NIS 20,000). The Wadi Hilweh Information Center is run by prominent activist Jawad Siyam, who along with the center is a fixture in Silwan and an important interlocutor with diplomats and alternative tourism who are seeking to learn about Palestinian history in the area and current struggles to remain there while enduring state + settler harassment and displacement.

The Center was opened in 2009, at which time the Jerusalem Municipality issued a warning notice demanding the demolition of part of the building that was recently “renovated” (the roof was repaired) because the Center did not obtain an Israeli-issued building permit to do the work. The Center says that the building itself predates Israel’s control of the area in 1967. It currently stands in the shadow of the massive “City of David Visitors Center” complex that the Elad settler organization has built over the years.

Peace Now said in a statement: 

“Instead of taking care of all the residents of Jerusalem, Jews and Arabs, the Jerusalem Municipality works to harm the Palestinian residents and make their lives difficult. The tourist settlement in the Palestinian neighborhoods around the Old City, which is massively supported by the government, is aiming at erasing the Palestinian presence from the public space in East Jerusalem. The pressures exerted by the municipality against the Wadi Hilweh Information Center in Silwan and the intention to demolish it, are for the political purpose of not allowing the residents to organize and make their voices heard in the public domain.”

Israeli Court Tells Settlers To Leave Khalidi Library in Old City of Jerusalem

On June 30th, the Jerusalem District Court made a group of settlers vacate ta building in the Khalidi Library complex located in the Old City of Jerusalem after they broke into the building and occupied it three days prior. The library is within eyesight of the Western/Wailing Wall plaza (Kotel Plaza), on Chain Gate Road, which leads to the Haram al-Sharif. There is an IDF checkpoint right outside of the door, reflecting what an intensely sensitive area it is in.

The settlers had forged documents claiming to have purchased the building, but upon review of the Khalidi families’ own documents which show the family has owned the building for at least 160 years, the Court ordered the settlers to leave. There is another hearing set in the coming weeks which will allow the settlers, if they choose, to make their case.

Listen to Rashid Khalidi explain the history of the Khalidi Library, the current situation and its importance, and the ongoing fears of settler takeover in a conversation with FMEP Fellow Peter Beinart on a recent episode of FMEP’s “Occupied Thoughts” podcast. 

In a statement, the Khalidi family said:

“Despite this temporary success, there is an ongoing fear of settler violence and the chilling effect of the occupation. Two of the settlers involved have been identified as Eli Attal ad Erez Zaka, the former linked to previous takeovers of Palestinian properties in the old city. After today’s ruling, scores of settlers remain lingering  outside the house and on the rooftops filming and occasionally bagining on the doors and windows, posing a threat of breaking and entry and further illegal actions.”

Israel to Advance 6,000+ Settlement Units in East Jerusalem in Coming Weeks

Ir Amim reports that within the next two weeks Israel is planning to advance plans for 6,700 new settlement units in East Jerusalem. Plans to be advanced include:

• • Givat Hamatos  – plans for 3,500 new units, 1,300 new hotel rooms, five synagogues, and two mikvahs (ritual baths). This plan wouldl double the number of units in the settlement and expand its size by nearly 40%;
  • Gilo – two plans for a total of 1,288 new settlement units, expanding hte settlement to the south east, further choking the Palestinian neighborhood of Beit Safafa and severing neighborhoods in southern Jerusalem from the Bethlehem area;
  • Ramot – plans for 800 new settlement units.

Details of the plans slated for advancement are reported here by Ir Amim, and will be reported by FMEP in more detail when they are advanced.

Amidst Wave of Violence, Settlers Lead Progrom On Massafer Yatta Region

Palestinian residents in Masafer Yatta, an area of small villages in the South Hebron Hills, have been live streaming the frequent and intensifying terror that Israeli settlers have been inflicting on them for years. The terror peaked to unimaginable levels over the last weeks when, on multiple occasions, armed settlers descended on villages in the area inflicting terror, violence, and intimidation.

Eid Suleman, a prominent activist in Umm al-Khair, told the Associated Press:

“We know what this is. They’re trying to expel us out of here. The military did the dirty job last week and now the settlers are following up.”

Some of the events that have transpired include:

On June 26th, the IDF arrived in Umm al-Khair early in the morning and proceeded to demolish a third of Umm al-Khair’s structures (11 homes), leaving 38 people (30 children) homeless).

On July 1st, armed settlers descended on Umm al-Khair, some dressed as IDF officers, and fired live ammunition toward Palestinians, deployed tear gas, and attacked people with wooden sticks.  Israel soldiers and police were nearby but did not intervene.

On July 2nd, settlers were accompanied by Isreali soldiers as the entered the village of Umm al-Khair and built a tent in the center square, where 40 settlers gathered in a sort of celebration. When they eventually left, the settlers cut the water pipes supplying the village and warned of their plans to return the next day.

On July 3rd, settlers descended on the nearby village of Khalled al-Daba’a and set agricultural crops and trees on fire. The settlers then proceeded to march on the homes in the village carrying cans of gasoline and guns.

On July 4th, Palestinian residents reported that 100 settlers attacked the village of Khaled al-Daba, setting fire to fruit trees and shooting live ammunition directly towards Palestinians. Settlers proceeded to beat villages with sticks. Israeli forces arrested one Palestinian.

Settlers then moved to Mufagarah, a nearby village, where they destroyed vehicles and prevented emergency medical workers from reaching Palestinians and internationals in need. Palestinians report several Palestinians and two internationals were injured by the settlers.

On July 7th, the IDF arrested members of the Hureini family – who are all prominent activists in the area – who had called the police to report that settlers had shepherded flocks of sheep onto the Hureini’s land.

The Center for Jewish Nonviolence (which maintains a protective presence in Masafer Yatta and closely allied with the local population there) reports that “the attacks on Umm al-Khair after the demolition on Wednesday are being led by a settler named Shimon Atiya (or Atia), a leader of the nearby illegal outpost, Havat Shorashim (or “Roots Farm” in English). For months, he has been one of countless settlers acting with impunity while wreaking havoc on Palestinian communities across Area C.”

The events in Massafer Yatta bring into stark relief the intensity and persistence of settler terrorism in the West Bank, especially since October 7, 2023. AIDA (Association of International Development Agencies) has recorded 1,000 incidents of settler violence since October 7th.

The outgoing head of the Israeli Army’s Central Command, Yehuda Fuchs, used his farewell speech to criticize Israel policy makers for their failure to deter settler terrorism in the West Bank.

Ariel Settlers Close Access Road to Palestinians

The Mayor of the Ariel settlement has blockaded on the main access road leading to the nearby Palestinian village ofSalfit, boasting about his actions in an Instagram post. In addition to building a blockade of boulders and a welded gate, workers also destroyed parts of the road. The Civil Administration has attempted to remove the blockades and restore use of the road, but each time the settlers have re-constructed the blockade.

The Ariel settlement Mayor, Yair Chetboun, said in the video:

“Security is foremost upon us, upon the city. We trust the IDF, love the IDF, but if the senior levels don’t understand the importance of blockading this route – which led to attacks and enables car theft. We won’t permit such a reality. We are also operating on the political front but also on the ground.”

IDF Demolishes Outposts, Clashes With Settlers

On July 3rd, settlers clashed with Israeli authorities as they attempted to demolish the illegal outpost “Oz Zion B.” Haaretz reports that five settlers were arrested for violence against Israeli Border Police, and four were quickly released without questioning or restrictions. One settler who pepper sprayed an officer was brought to court for a hearing but later released and forbidden from going near the outpost.

The demolition of the outpost was reportedly ok’d by Prime Minister Netanyahu – going over the head of Bezalel Smotrich and the Settlement Administration, which has seized control of building enforcement in the West Bank. The outpost, according to the Shin Bet, was the source of violent terror.

Bonus Reads

1. “Road to Redemption: How Israel’s War Against Hamas Turned Into a Springboard for Jewish Settlement in Gaza” (Haaretz)
2. “A look at how settlements have grown in the West Bank over the years” (AP)
3. ​​“West Bank Annexation and Destabilization in the Shadow of the Israel-Hamas War” (J Street) 
4. “The Status of De Jure West Bank Annexation” (Israel Policy Forum)
5. “Mounting International Sanctions Against Powerful Israeli Settler Group Could Be Earth-shattering” (Haaretz)
6. “A warm relationship is being built between Judea, Samaria and America” (JNS)
7. “Why there is no uprising in the West Bank – yet” (Mondoweiss)
8. “In His Retirement Speech, Israel’s Top Officer in the West Bank Revealed the Hidden Truth” (Haaretz)
9. “The Companies Making it Easy to Buy in the West Bank” (The Intercept)

 

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 12, 2024

1. 1. Peace Now Petitions Israeli High Court Over Illegal Outpost
   2. With Eyes on Gaza, Four Major Developments Regarding West Bank Antiquity Sites Targeted for Annexation by Israel
   3. Knesset Caucus, Settler Leader Promises Gaza Resettlement
   4. Bonus Reads

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Peace Now Petitions Israeli High Court Over Illegal Outpost

Peace Now reports that the Israeli Supreme Court will convene on January 29th to hear a petition concerning an illegal outpost that settler built initially on July 23, 2023 on land belonging to the Beit ‘Awwa municipality, west of Hebron. The petition was filed by the municipality, Peace Now, and a group of Palestinian residents who have been severely affected by the outpost and accompanying construction.

The petition seeks the re-opening of a road that leads to six homes and agricultural land, a road that has been blocked by the UDF since August 2023. Since then, Palestinians who live in those six homes have been forced to walk several hundred meters uphill with their water, supplies, and food (amongst other challenges posed by the inability to access one’s home and agricultural land by vehicle). Meanwhile, since October 7, 2023 settlers have illegally paved at least two new roads between the outpost and the Negohot settlement.

Peace Now said in a statement: 

“The establishment of the new outpost has had severe consequences on the lives of Palestinians in the area. The military’s involvement with the settlers, through securing illegal activities and blocking Palestinian roads, is unbearable. Instead of halting the settlers and preventing the establishment of illegal outposts and roads in an area that affects the future of the State of Israel and regional security stability, the IDF is assisting lawbreakers. It is time to put an end to lawlessness in the territories and dismantle the illegal outposts.”

The outpost was established in July 2023 by setters from the nearby Negohot outpost. Settlers initially took over dozens of dunams of land, bulldozing and clearing th area with heavy machinery and assistance from the IDF. Since then, the outpost has evolved and grown to have many structures and a permanent settler presence. These settlers have engaged on violent intimidation and harassment of Palestinians who live and work near the outpost.

With Eyes on Gaza, Four Major Developments Regarding West Bank Antiquity Sites Targeted for Annexation by Israel

Emek Shaveh has raised concerns over recent developments at four different antiquity sites in the West Bank, explaining that these events taken together show how “processes tantamount to the weaponization of heritage in the service of settlement expansion in the Occupied Territories continue unhindered.” Details of the developments are below.

New Outpost in Battir

As FMEP has previously reported, on December 24, 2023 settlers established an illegal outpost on land near the Palestinian village of Battir (a UNESCO World Heritage Site). Emek Shaveh adds, “The new outpost established […] is situated half a kilometer from the village Battir in the core zone of the World Heritage Site. The announcement of plans to expand the Har Gilo settlement in 2022 also remains a threat to the integrity of the World Heritage site.” 

Allocation of Funds for Secret “Khirbet Eqed” Site

Emek Shaveh reports that on December 31, 2023 the Knesset’s Finance Committee approved a $3.25 million (NIS 12.25 million) budget for the preservation and development of a site called “Khirbet Eqed,” located in a JNF-established Park (the Ayalon-Canada Park) in the “seam zone” area between the Israeli separation barrier and the 1967 Green Line. 

Emek Shaveh explains:

“Khirbet Eqed and its environs has been excavated multiple times by Israeli archaeologists since 1976, mainly by the Civil Administration’s Staff Office for Archaeology (SOA) and Tel Aviv University. Since the construction of the separation wall east of Mavo Horon in the early 2000s, this area had been de-facto annexed both physically and, with the help of the park, also conceptually…The Ayalon-Canada Park and the investment in Khirbet Eqed is an example of a site where the process of annexation has been completed. What began with the expulsion of Palestinian communities in 1967 and was followed by the establishment of a settlement segued into the creation of a park which has been cut off from the West Bank. The latest plan takes this process to its logical conclusion with the development of the archaeological site and tourist attractions, all in service of erasing the greenline. Investment in Khirbet Eqed has the same purpose of entrenching Israeli control and normalizing tourism on Palestinian land like at multiple other sites throughout the West Bank.”

Military Activity in Bani Naim

Over the past week, Emek Shaveh has fielded many reports about increased military activity in the village of Bani Naim, where there are three antiquity sites. Bani Naim is located in Area A of the West Bank as defined by the Oslo Accords, where the IDF does not have authority to operate. Settlers have targeted at least two of these sites, located a bit south of the village, in their lobbying efforts to push the Israeli government to unilaterally seize and “safeguard.”

Government Budget Allocation Funds Settlers’ Antiquity Agenda

Emek Shaveh reports key details on the government’s December 2023 approval and allocation of $19 million (NIS 72 million) for a “Jerusalem and Heritage” program.

The approved budget and later additions include:

1. $4.25millino (NIS 16 million) to promote tourism to antiquity sites in the West Bank. 
2. $8.8million (NIS 33 million) for a project entitled “Strengthening and Branding of Jerusalem’s Historical Basin”. 
3. $4.25 million (NIS 16 million) for the Shalem Plan C which is focused on the excavation, preservation and development of archaeology in the Historic Basin mainly in the archaeological park of the City of David, located in the Silwan neighborhood of East Jerusalem.
4. $670,000 (2.5 million NIS) for the Sebastia plan () aimed at turning the site into a tourist stronghold with a total budget of 32 million NIS.

Knesset Caucus, Settler Leader Promises Gaza Resettlement

In early January 2024, the Knesset “Caucus to Strengthen the Awareness of Israeli Victory” held a meeting to encourage the re-establishment of settlements in Gaza. Led by MK Tzvi Succot, the caucus discussed what “victory” in the context of the current war on Gaza could look like, with applause for nearly every time a speaker mentioned resettlement. 

MK Zuccot led the charge, encouraging that:

 “At least in the northern Gaza Strip we first have to conquer, annex, destroy all the houses, build neighborhoods – large and expansive neighborhoods, large settlements in that place that will be named after our heroes, after the nation’s heroes who fought there. We will distribute free plots there to the soldiers who fought, to the wounded who fought. This image, and this is the most important thing, of the destroyed Gaza, of Palestine Square that will become Israeli Heroism Square, this image will echo in every home around the world so that everyone will see what happens to those who mess with the people of Israel.”

One of the figures leading the calls for the resettlement of Gaza, is settler leader Daniella Weiss who attended the caucus meeting. Weiss later claimed on X that she is planning a convoy to the northern areas of Gaza on January 11th. Weiss has said that over 1,000 Israelis are ready to move to Gaza, and called for the Israeli government to clear all Palestinians out of Gaza so that the settlers can see the sea. It is unclear at the time of publication if the convoy proceeded. 

Bonus Reads

1. “Editorial | Arming and Mobilizing Settlers Must Stop to End Violence Against West Bank Palestinians” (Haaretz)
2. “Settlers killed a Palestinian teen. Israeli forces didn’t stop it.” (Washington Post)

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 5, 2024

1. 1. Tenders Issued for Settlement Unites on Mount Scopus
   2. Israel Advancing Plans to (re)Build the Homesh Settlement
   3. New Outpost Established in Battir, A UNESCO World Heritage Site
   4. Israel Supreme Court Orders State to Defend Settler Leaders or Face Investigation
   5. Israeli Governments Diverts $20 Million to Illegal Outposts, Contemplating $20million More
   6. Questions Raised Over “Israel Gives” Fundraising in U.S. After October 7th
   7. Peace Now Report: “Unmatched Surge in Settlement Activity in the West Bank Since the Onset of the Gaza War”
   8. Bonus Reads

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Tenders Issued for Settlement Units on Mount Scopus

Ir Amim reports that on December 25, 2023 the Israel Land Authority published two tenders ]for the construction of 1,539 new settlement units in the French Hill area of East Jerusalem. The Land Authority also opened one new tender for bidding, which calls for the construction of 300 new settlement units in the East Talpiyot settlement in East Jerusalem.

The tenders published for construction in French Hill are for two plans on the Hebrew University’s Mount Scopus campus, plans which will replace campus dormitory buildings with residential housing not intended for students. Tellingly, the two tenders that were published without having received formal approval and neither had been published in the public record. Ir Amim explains that the plans can’t move forward without these steps, so the publication of the tenders shows the “authorities’ intent on advancing these plans at a rapid pace.”

The Hebrew University Campus falls on both sides of the GReen Line in the French Hill area, though the plans advancing now are almost entirely for areas beyond the Green Line. Those plans are:

1. The “Bronfman Dormitory Complex” area. This calls for 500 settlement units to replace an existing dormitory building. If built, the new buildings will encircle a Palestinian residential area.
2. The “Lerner Complex & Lower Resnik Dormitory” area. This plan calls for 1,039 settlement units on land which straddles the Green Line. 90% of the units are designated for an area beyond the Geen Line.

For details on the plans, see Ir Amim’s reporting.

Israel Advancing Plans to (re)Build the Homesh Settlement

Peace Now reports that the Israeli government is actively advancing plans to build the Homesh outpost in the northern West Bank, a settlement which was dismantled by the government in 2005 along with three others (Sa-Nur, Ganim, and Kadim). Homesh was built on lands historically belonging to the Palestinian village of Burqa. The land was never returned to its Palestinian owners even after the settlement was dismantled in 2005, though settlers have been permitted to establish (and recently re-locate) an illegal outpost in the area, from which settlers operate a yeshiva.

Prior to the October 7th war, the construction of Homesh was a central agenda item for the Netanyahu government – as promised to the far-right members of Netanyahu’s coalition as part of the coalition agreement that brought him back to power. In the months between Netanyahu’s return and the war, the government passed laws and changed others in order to provide a legal basis by which to build the settlement. With that basis esstablished, on December 21, 2023 the Commissioner of Government Property and Abandoned Lands (a body within the Defense Ministry’s Civil Administration) signed an authorization to allow the settlement planning to begin.

Peace Now speculates that the timing of the authorization is linked to a petition against the Homesh plan submitted by Yesh Din, which calls on the State to allocated the land for the benefit of Palestinians in Burqa who have been deprived of their land for decades. Peace Now writes:

“The timing of the publication appears to be linked to the appeal of the Yesh Din organization, legally demanding the annulment of the newly designated jurisdiction for the establishment of the Homesh settlement, allocating public land for the benefit of the residents of the Palestinian village of Burqa. As part of the appeals process, it was argued in court that the Civil Administration did not announce the authorization for the planning area, thus preventing the residents of Burqa from lodging objections. The publication would enable the state attorney’s office to argue in court that the subject of the authorization was indeed publicized. It cannot be overlooked that the process is being made public now, while attention is focused on the conflict in Gaza and Lebanon, and as the world celebrates Christmas. The fact that the process is now being made public, at a time when attention is focused on the war in Gaza and Lebanon, and the world is celebrating the Christmas holiday, underscores that this is a maneuver designed to prevent public and international scrutiny. In June 2023, the government decided that Minister Smotrich would be responsible for approving planning authorizations.”

New Outpost Established in Battir, A UNESCO World Heritage Site

Peace Now reports that on December 12, 2023 settlers established a new outpost on state land a mere 500 meters from the Palestinian village of Battir, a village known for its ancient terraced hills and recognized by UNESCO as a World Heritage Site. This is the third time settlers have illegally moved into this area of land in an attempt to establish permanent control over the area. This time, instead of once again removing the criminal settlers, the IDF created a perimeter around the outpost in order to keep Palestinians out of the area.

Peace Now reports:

“It is important to note that the outpost is situated approximately 500 meters away from the village of Battir and is considered a strategic and significant point for the settlers. The location of the outpost is part of an attempt to create a buffer of Israeli presence between the city of Bethlehem and the Palestinian villages to its west, namely Husan and Battir, aiming to prevent the possibility of a territorial continuum for a future Palestinian state. In this area, two additional outposts were established in recent years: the Makhrour outpost (also known as ‘Neve Uri’) and the Eden Farm Outpost, and a plan for the expansion of the settlement Har Gilo (“Givat Hagamal“) was recently promoted.”

Israel Supreme Court Orders State to Defend Settler Leaders or Face Investigation

On December 28, 2023 the Israeli Supreme Court issued a Decree Nisi instructing the State of Israel to submit its arguments within 60 days as to why the Court should not open a criminal investigation into the violation of Israeli law governing construction in the settlements of Haroeh, Alonei Shilo, Ramat Gilad and Shvut Rachel. The issuance of a Decree Nisi signals that the Court has accepted the principle claim in a petition filed by Peace Now, and shifts the burden of proof to the State. 

It should be noted that the petition is limited in its scope – not challenging the legality of settlement construction wholesale – but of settlement construction that was done in violation of Israeli legal processes for planning and building in the West Bank. 

Peace Now said in a statement: 

“Today, the court sends a clear signal to law enforcement authorities that there is no longer room for the years of immunity granted by the state to leaders of the settlement movement. They have acted against the law and utilized public funds to determine facts on the ground, affecting the future of Israel as a whole. We hope that this message resonates, leading to an end to lawlessness in the settlements and outposts.”

Israeli Governments Diverts $20 Million to Illegal Outposts, Contemplating $20million More

Haaretz reports that over $40million dollars were secretly diverted from existing budgets in order to boost funding to illegal outposts. 

Of the total, $20million was diverted out of the Interior Ministry into the hands of Orit Struck and the National Missions Ministry. The re-allocation of these funds was done so secretly at a cabinet meeting, not having appeared on the agenda. Haaretz speculates that the proposal was hidden “most likely because of reservations on the part of professional and legal government offices. They argued the budget allocation is illegal…”. 

Another $20million diversion is being pushed by Finance Minister and minister in the Defense Ministry Bezalel Smotrich over the objections of legal and professional counsel. The funds would be taken from the Settlement Division for the “provision of security elements” for outposts.

Questions Raised Over “Israel Gives” Fundraising in U.S. After October 7th

The Guardian published an investigation into a fundraising platform called “Israel Gives” (very much like GoFundMe), which has raised millions from U.S. donors since October 7, 2023, inlcuding for illegal causes like outposts and paramilitary forces. 

The Guardian reports it:

“identified at least 450 fundraising campaigns that are currently live on the site. Some 204 of these, initiated after 7 October, sought donations for tactical equipment or logistical support. Named beneficiaries included the IDF, individual IDF units, or paramilitary squads attached to specific Israeli communities, including many attached to West Bank settlements.

After conversion to US dollar amounts at market rates at the time of reporting, the Guardian determined that donors had pledged $5.3m to military, paramilitary or settlers since 7 October. A high proportion of these donors indicated that they are US residents.

Campaigns raising funds specifically for illegal settlements included campaigns in support of Efrat, Tene (called Tene Omarum by settlers), Shavei Shomron, and Ma’on (also called Havat Ma’on). All of these fundraisers appear to ask for funding for paramilitary units attached to the settlements.”

One of the founders of IsraelGives, Ben-dor, defended his platform to The Guardian, and explained that one of the campaigns to raise funds for illegal outposts was “created automatically on our platform through a war-time program designed to provide emergency assistance to communities and families directly affected by the October 7th attacks”. Ben-dor told The Guardian that the funds raised for these causes have not yet been released and, like every campaign, will be put through an “extensive [know your customer] and compliance process.” Specifically on a campaign to benefit the outpost Ma’on, Ben-dor said the fundraiser “has yet to be vetted, approved, or funded, and on the face of it is not a cause that we will support, for the aforementioned reasons”.

Peace Now Report: “Unmatched Surge in Settlement Activity in the West Bank Since the Onset of the Gaza War”

Peace Now issued a new report summarizing settlement activity since October 7, 2023 – including construction of roads, establishment of outposts, and the imposition of roadblocks and other obstacles to prevent Palestinians from accessing roads and land in Area C of the West Bank.

Key points covered in the report include:

• A record number of 9 new outposts in a span of about three months. 
• A record number of 18 illegal roads paved or authorized by settlers.
• The settlers returned to Amona. An outpost that was evacuated in 2017 following a court order. Settlers evacuated it in exchange for financial compensation, and the settlement of Amihai was established.
• The Huwara Bypass Road has been nearly deserted since the efforts to open it.
• A new phenomenon of settlers closing Palestinian traffic routes against military orders.
• Building fences instead of new settlements.
• A significant portion of the outposts and roads are located on private Palestinian land.

Peace Now said in a statement: 

“The three months of war in Gaza are being exploited by settlers to establish facts on the ground and effectively take control of extensive areas in Area C. Settlers decide where to build roads and outposts continuously, disregarding the legal status of the land. They persist in constructing outposts on private Palestinian lands, defining open areas, and restricting Palestinian movement in the West Bank. The permissive military and political environment allow the reckless construction and land seizure almost unchecked, with minimal adherence to the law. The result is not only physical harm to Palestinians and their lands but also a significant political shift in the West Bank. The unchecked rampage of the settlers must be stopped now.”

Bonus Reads

1. “Stay Inside: Hebron Residents Face Restrictions Like Never Before, Unable to Leave Their Homes or Neighborhood“(Haaretz)
2. “Smotrich touts revival of Gaza settlements after war, wants Gazans encouraged to leave” (The Times of Israel)
3. “Rejection of Irresponsible Statements on Resettlement of Palestinians Outside of Gaza” (U.S. Department of State)

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.

March 18, 2022

1. Court Delays Decision on Mass Expulsion in Massafer Yatta
2. Settlers Construct New Outpost on World Heritage Site in Battir
3. Ma’aleh Adumim to Challenge Government of Delay of E-1 Settlement Construction
4. This Week in Settler Terrorism
5. U.S. Ambassador Has Harsh Words for Settlements, But Admits Some Construction Will Proceed
6. Further Reading

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Court Delays Decision on Mass Expulsion in Massafer Yatta

On March 15th, the Israeli High Court held what was expected to be a decisive hearing regarding the fate of eight Palestinian communities facing expulsion — at the hands of the Israeli State — from a large area in the South Hebron Hills known as Massafer Yatta. This is an area that Israel declared to be a closed “firing zone” in the 1980s (known as Firing Zone 918). 

At the conclusion of this week’s hearing the Court did not issue its final ruling, but indicated it will convene another hearing in the coming months at which time it will issue its ruling. If given the green light, the forced expulsion in Massafer Yatta would constitute the largest displacement of Palestinians by Israel in decades — displacement that would be entirely illegal under international law.

This week’s court proceedings were live tweeted by the Israeli human rights group Breaking the Silence, and also covered by Palestinian journalist and activist Basel al-Adraa, who lives in Massafer Yatta. Adraa noted that it is “extremely likely” that the Israeli High Court will rule in favor of the State, and in so doing provide a green light (and legal cover, as far as the Israeli legal system is concerned) to the State’s plans to forcibly relocate some 1,300 people from the their homes and destroy their villages and  their unique way of life.  The State has maintained its argument that the firing zone is essential to state security, specifically for military training exercises because the terrain resembles Lebanon.

+972 Magazine, in a helpful explainer on this topic, explained why this effort to establish a pretense of legality for Israel’s actions against Palestinians in the South Hebron Hills flies in the face of international law and Israel’s obligations under treaties it has signed, writing:

“According to international law, and as detailed in treaties to which Israel is party, it is illegal to use occupied territory for a purpose that serves only the occupier and not the occupied population. In addition, international law prohibits the forcible transfer of the occupied population. The state has further claimed that one reason it needs the land in Masafer Yatta is to train soldiers for a possible war in Lebanon. But here, international law stipulates that such military use of occupied land can only be for the direct management or security needs of the occupied territory itself, making Israel’s declared purpose regarding Lebanon also illegal.”

A lawyer representing the eight communities under threat, Shlomo Lecker of the Association for Civil Rights in Israel, told Reuters:

“This case is not about a firing zone, it is about taking control of land because unlike other areas, most of this land is privately owned,” said Shlomo Lecker who, along with the Association for Civil Rights in Israel, is representing 200 of the Palestinian families under threat of displacement. In effect this is land expropriation without compensation.”

Basel al-Adraa wrote for +972 Magazine:

“Our expulsion from Masafer Yatta has never ceased over the last two decades. Lacking the ability to expel everyone at once, like in 1999, the army has tried to slowly dispossess us. To immiserate us until we leave. Every year, I have watched as Israeli soldiers seal our wells, cut water lines, and destroy the roads that connect our villages. The dangerous road conditions here are a constant reminder of a racist reality governed by an army that denies us our ability to live on our land legally. Even our vehicles are confiscated by soldiers when they feel like it. Our lives have become nearly impossible. We want to build families and homes, but know the army will destroy those as well.”

Settlers Construct New Outpost on World Heritage Site in Battir

In the early morning hours of March 14th, a group of settlers accompanied by Israeli soldiers set up a new outpost on a piece of land in the Palestinian village of Battir, located near Bethlehem, on land that is registered UNESCO world heritage site. Settlers reportedly moved in two caravans, a large tent, and sheep – suggesting an intent to establish a so-called agricultural outpost. The sheep pen was reportedly removed from the area on the same day it was brought in. 

Since the outpost was set up, Middle East Eye reports that Israeli soldiers have been continuously patrolling the area to prevent any Palestinians from approaching the site – and attacking those who attempt to protest the new outpost. This is the fourth time settlers have attempted to establish an outpost in the area of Battir.

An local activist from Battir, Hassan Muamer, explained the settlers strategy:

“The settlers want to connect these two outposts [the new outpost and an outpost established in 2019 in the nearby Al-Makhrour Valley] together, and confiscate hundreds of acres of land in the process..This is all part of their plan, to shorten the distance between the two outposts, confiscate more land, and eventually connect these outposts to the settlements of Har Gilo, Gilo, and Gush Etzion, creating a massive settlement bloc that extends from Jerusalem, through Bethlehem, all the way to Hebron.”

Peace Now said in a statement:

 “It is no coincidence that this illegal outpost is established while most of the public’s attention is drawn towards the war in Ukraine. The current government has already failed several times in stopping a handful of settlers in Eviatar, Homesh, and other places and has refrained from evicting illegal outposts immediately upon their establishment. The government must not fail this time, so the outpost will not be established.”

Ma’aleh Adumim to Challenge Government of Delay of E-1 Settlement Construction

The Jerusalem Post reports that the settlement council of Ma’aleh Adumim is preparing to submit an appeal against the State of Israel for delaying construction of the E-1 settlement, contending that Prime Minister Bennett and Defense Minister Gantz lack the authority to freeze the plans at this stage. The petition will be submitted to the Jerusalem Local Court, according to the report.

As a reminder, the E-1 settlement plan remains on the precipice of construction. In January 2022, the Bennett government intervened to stop a key hearing on the project. At the time, reports suggested that the political echelon had put on “indefinite hold” on the plan, largely due to U.S. pressure. U.S. Ambassador to Israel Thomas Nides seemed to confirm that U.S. pressure was exerted at that time to stop E-1 from moving forward, telling Peace Now recently:

“I went full board [sic] on E1… It is a very important area which if [built] could cut off any possibility of a capital for the Palestinians.”

Also as a reminder: in its current form, the E-1 plan provides for the construction of 3,412 new settlement units on a site located northeast of Jerusalem. The site is home to several Palestinian bedouin communities, including Khan al-Ahmar, which Israel has already undertaken to forcibly displace (many attempts). Long called a “doomsday” settlement by supporters of a two-state solution, construction of the E-1 settlement would sever East Jerusalem from its West Bank hinterland, preventing East Jerusalem from ever functioning as a viable Palestinian capital. It would also cut the West Bank effectively in half, isolating the northern West Bank from the southern West Bank and foreclosing the possibility of the establishment of a Palestinian state with territorial contiguity.

Israel’s “answer” to the latter criticism has long been to argue that Palestinians don’t need territorial contiguity, and that new roads can instead provide “transportational continuity.” To this end, Israel has already built the so-called “Sovereignty Road” – a sealed road that enables Palestinians to pass through, but not to enter, the E-1 area. That road is wholly under Israel’s control (meaning Israel can cut off Palestinian passage through it at any time). In January 2021, then-Prime Minister  Netanyahu promised to increase funding for the “Sovereignty Road” as part of the drive to get E-1 built.

And another reminder: there have been attempts to promote the E-1 plan since the early 1990s, but due to wall-to-wall international opposition, the plan was not advanced until 2012, when Netaynuahu ordered it to be approved for deposit for public review (a key step in the approval process), ostensibly as payback for the Palestinians seeking recognition at the United Nations. Following an outcry from the international community, the plan again went into a sort of dormancy, only to be put back on the agenda by Netanyahu in February 2020, when he was facing his third round of elections in the two years. 

Also, as a reminder: under the Trump Plan (which the Biden Administration has yet to comment on), the area where E-1 is located is slated to become part of Israel.

This Week in Settler Terrorism

On March 14th, an Israeli-licensed car drove into an IDF checkpoint, in an apparent attack, near the illegal Homesh outpost, lightly injuring two Israeli soldiers. It’s unclear what happened next, as the IDF has not said if the perpetrator – who is thought to be an Israeli settler, given the license plate on the car – was arrested. What is clear is that the IDF did not respond with lethal force, as is almost always the case when Israeli soldiers perceive themselves to be under attack by a car driven by a Palestinians.

This week’s apparent car ramming attack transpired two days after settlers from the site of the former settlement of Homesh (which is supposed to be a closed military zone) arrived at the checkpoint to stage a stone-throwing attack on Palestinian cars. The settlers ended up battling IDF soldiers who attempted to stop their terrorism. An IDF soldier subsequently filed a complaint with the Israeli police about the incident.

Elsewhere, Israel arrested two settlers on suspicion of involvement in vandalism and destruction of Palestinian property in the village of Fara’ata on March 15th. One of the detained settlers serves as the security coordinator for the Gilad outpost, and the second arrestee is a bodyguard. Following the arrest and remand of the settlers, security coordinators for various other Israeli settlements and outposts announced they will be going on strike.

It’s also worth noting that Defense Minister Benny Gantz signed an order this week to place an unnamed 21-year old settler under administration detention on suspicion of involvement with terrorism against Palestinians and Israelis. Though administrative detention is a familiar military tool used to keep Palestinians incarcerated without charge, Haaretz reports this will be the first such order signed against an Israeli since February 2020.  There are currently 490 Palestinians being held as administrative detainees according to Addameer.

The detained settler is believed to be from the Givat Ronen outpost, an outpost from which settlers attacked Palestinians and Israeli activists who were planting trees on privately owned Palestinian land near the village of Burin in the northern West Bank in January 2022. Footage of the attack shows settlers wielding clubs, throwing stones, and burning a car — in the process injuring six people. Following the attack, the Israeli authorities delivered demolition notices to five structures at the Givat Ronen outpost (also known as Sneh Ya’akov), where the attackers are believed to be illegally living. The notices were posted on January 23rd.

Subsequently, the apparently undaunted settlers attacked an IDF soldier during riots near the Givat Ronen outpost. Haaretz reports that dozens of settlers participated in the attack, which included stone throwing and tear gassing Israeli troops.

Kerem Navot – an anti-settlement watchdog – provides critical history on the Givat Ronen outpost and how violence is at the center of settlers’ drive to takeover Palestinian land, tweeting:

“The outpost of ‘Givat Ronen,’ known also as ‘Sneh Yaakov,’ is named after the man who founded it in 1998–Ronen Arusi…Givat Ronen is one of two outposts located around the isolated, violent, and extremist settlement of Har Bracha, which was established overlooking the city of Nablus in 1983. Givat Ronen is located about a kilometer south of the settlement…The two outposts surrounding this settlement (like all outposts in the West Bank) are used for the same function: to take over land surrounding the settlement. In this case, the lands of the village of Burin. The approach is simple: you build an outpost on land that was looted by the state by declaring it to be “state land”; from there you continue to take over cultivated agricultural land surrounding the outpost by way of violence ​​most of which were previously cultivated by Palestinians. In practice, as a result of the settler violence that is backed by the army, Palestinians are not able to access any of this land, or any of the land within the much larger area around the settlement covering about 5,400 dunams that this land is located in, unless they work in construction in the settlement of Har Bracha. The scumbags who carried out this pogrom below the outpost have learned this tactic well: employing murderous violence in order to increase the size of the territory that Palestinians cannot enter. They have every reason in the world to assume that in this case, as in every case, no one will bother to leverage the law against them.”

U.S. Ambassador Has Harsh Words for Settlements, But Admits Some Construction Will Proceed

Speaking to a virtual event organized by Americans Peace Now, U.S. Ambassador Thomas Nides called Israeli settlement construction “infuriating” and “stupid.” Nides, while deriding the settlement growth, conceded that the U.S cannot (or will not?) stop Israel from all settlement construction,  saying:

“We can’t do stupid things that impede us for a two-state solution…We can’t have the Israelis doing settlement growth in east Jerusalem or the West Bank. I’m a bit of a nag on this, including the idea of settlement growth – which infuriates me, when they do things – just infuriates the situation, both in east Jerusalem and the West Bank… [I] would be lying [if he said that it was possible to avert] every single house that is built. I can’t stop everything, just so we are clear.”

Bonus Reads

1. “Major New Developments: Plans being advanced around the Old City and the Court verdict regarding Sheikh Jarrah evictions” (Terrestrial Jerusalem)
2. “Instead of Army Service, Israel Allows People to Volunteer at Illegal West Bank Outposts” (Haaretz)
3. “US envoy looks to bolster West Bank economy with 4G service, tech offerings” (The Times of Israel)
4. “PA complains to US over ‘settler terrorism’” (Arutz Sheva)

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

July 31, 2020

1. Knesset Convenes to Consider “Significant Move” to Annex Area C
2. Settlers Step Up Effort to Build New Outpost on Strategic Land Between Bethlehem & Battir
3. High Court Demands Evidence that Jerusalem Cable Car Project Will Boost Tourism
4. Bonus Reads

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

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Knesset Convenes to Consider “Significant Move” to Annex Area C

On July 29th, the Knesset Foreign Affairs & Defense Committee convened, for the first time since the new government was formed, for a hearing “on the battle for Area C and illegal, European funded Palestinian Authority construction in areas under full Israeli jurisdiction.” The hearing was called by committee chair Likud MK Zvi Hauser after Hauser participated in a West Bank tour led by the the radical settler group Regavim, which (among other things) works to consolidate Israeli control over the West Bank. The setter-run Arutz Sheva media outlet reports that the goal in convening the hearing was to have the committee “initiate a significant move” to annex all of Area C.

The Director General of Regavim made his expectation of the Knesset hearing’s significance explicit, saying:

“We are confident that today’s hearing will be a significant step toward creating a comprehensive government strategy for facing this challenge.”

As framed by Regavim and its prominent allies in the Knesset, including MK Hauser, Palestinians are engaged in an illegal campaign to “take over” Area C (this, of course, is an Orwellian notion given Israeli de facto annexation policies in Area C, some 60% of the West Bank). The Yamina Party is also a prominent supporter of the push for unilateral annexation of Area C. Yamina MK Matan Kahane recently accused Netanyahu of conspiring with Trump to create a Palestinian state in Area C by overlooking illegal Palestinian construction in the area.

Settlers Step Up Effort to Build New Outpost on Strategic Land Between Bethlehem & Battir

+972 Magazine reports that over the past month, armed settlers from the unauthorized outpost of “Neve Ori” have been working to establish a new unauthorized outpost near the Palestinian village of Battir (a UNESCO World Heritage Site), on land Israel claimed as “state land” that is strategically situated on high ground between Battir and Bethlehem. 

The land was historically a part of the village of Battir and privately owned for generations by the Alyan family (which has an Ottoman-era deed showing their ownership). It was nonetheless declared “state land” by Israel in 1982 under the pretense that the land was not being actively cultivated – despite the fact that the owner of the land, Ghassan Alyan, was only taking a planned break from working that area in order to switch the crops he was growing there. Alyan has repeatedly tried to reclaim the land, but has been prevented from doing so by the Civil Administration.

Palestinians report that a group of eight armed settlers appeared on the land for the first time one month ago, and have since visited the area weekly with the increasingly obvious intent to build an outpost. Last week, a settler named Lior Tal (who told +972 Magazine that “I want all of Battir to go to hell…the State of Israel belongs to the Jewish people”), began knocking on the doors of several homes in Battir demanding that farmers produce documents proving their ownership of the land. 

The IDF has responded to reports about the settlers’ armed incursions into Palestinian land, but has failed to remove the settlers and prevent them from returning to the area. Last week, the IDF not only failed to remove the lawbreaking settlers but actually put the weight of the IDF behind in the settlers’ efforts. An IDF soldier told Alyan that he was now forbidden from accessing that land, that the settlers are permitted to be there, and that in order to change the situation Alyan must take his complaints to the Civil Administration and prove his ownership.

Khaled Muammar, a resident of Battir, told +972 about the strategic importance of the land, saying: 

“They [the settlers] want to take over this area for three reasons: first of all, because of its elevation; it overlooks the region. Secondly, it separates [Battir from] al-Walajeh; settling there creates a wedge between two Palestinian villages. And thirdly, because it creates geographical continuity between [the Israeli settlement] Har Homa and Jerusalem.”

Settlement expert and founder of Kerem Navot, Dror Etkes, added to the context for the settlers’ actions in Battir:

“Why? Because of the Trump plan. This area, according to the plan, is supposed to be Palestinian territory. They want to take over the area now, before the government signals that it is going to accept the plan. To create facts on the ground.”

Palestinian ecologist Vivien Sansour said:

“The land taken by this settler is Battir’s last room to breathe. People are being forced to emigrate to Bethlehem because they do not allow us to build here.”

The Neve Ori outpost was established in 2019 by Lior Tal, the settler leading the effort against Battir. That outpost also started as a small effort by a handful of settlers who built structures illegally. The Civil Administration told +972 Magazine that it is aware of the outpost and that with respect to dealing with these illegal structures, “on-site enforcement will be carried out in accordance with the authorities and procedures and subject to [the Administration’s] priorities” (based on long experience, demolition of “illegal” Palestinian construction — that is, constuction by Palestinains on their own land, but without Israel’s permission, since it will rarely give permission — is at the top of the Civil Administration’s priorities, while dealing with illegal settler construction is rarely even makes the list).

High Court Demands Evidence that Jerusalem Cable Car Project Will Boost Tourism

One month after the Israeli High Court of Justice heard arguments regarding the State’s plans to build a cable car line in East Jerusalem, the Court has ordered the State to submit a report by September 9th substantiating its claim that the cable car has the potential to be a tourist attraction in the city. According to Emek Shaveh, if the State fails to adequately explain how the cable car will attract tourism, then the Court may invalidate the plan, based on the argument that it was advanced improperly through an expedited planning process reserved for infrastructure projects of national importance.

Emek Shaveh said in a statement:

“This query calls the project’s entire approval process into question. We view the High Court’s demand as an opportunity to approach Minister of Tourism Asaf Zamir about the issue again after he had expressed support for the plan last month. We believe the court’s decision is an opportunity to explain to Zamir that the factual basis for advancing the cable car as a transportation project with touristic value is flimsy at best, and that the cable car project is not a touristic project but a damaging plan which will be highly deleterious to Jerusalem and its landscape.”

As a reminder, the Jerusalem cable car project is an initiative backed by the Elad settler group and advanced by the Israeli Tourism Ministry. Last month, when the High Court heard objections to the plan, the State publicly admitted that the implementation of the cable car project will require the confiscation of privately owned Palestinian land in the Silwan neighborhood of East Jerusalem. The cable car line is slated to terminate at the settler-run Kedem Center compound (Elad’s large tourism center currently under construction at the entrance of the Silwan neighborhood, in the shadows of the Old City’s walls and Al-Aqsa Mosque).

While efforts to “sell” the cable car plan have focused on its supposed role in growing Jerusalem’s tourism industry or serving transportation needs, in reality the purpose of the project is to further entrench settler control in Silwan, via archeology and tourism sites, while simultaneously delegitimizing, dispossessing, and erasing the Palestinian presence there. Emek Shaveh and other non-governmental organizations, including  Who Profits and Terrestrial Jerusalem, have repeatedly challenged (and provided evidence to discredit) the government’s contention that the cable car will serve a legitimate transportation need in Jerusalem, and have clearly enumerated the obvious political drivers behind the plan, the archeological heresies it validates, and the severe negative impacts the cable car project will have on Palestinian residents of Silwan.

Bonus Reads

1. “European states denounce ‘illegal’ Israeli building plans in Jerusalem area 15 countries and EU again submit protest letter to Fore” (The Times of Israel)
2. “They live on West Bank’s only all-girl hilltop, but don’t call them feminists“ (The Times of Israel)
3. “Peace Now warns of de facto annexation as E1 planning” (Jerusalem Post)
4. “Israel’s Second Coronavirus Wave Stalled Annexation, but Netanyahu Still Wants It” (Haaretz)