Settlement & Annexation Report: October 22, 2021

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

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October 22, 2021

Israel to Advance Plans for Nearly 3,000 Settlement Units & 1,300 Palestinian Homes in Area C
Israeli Supreme Court to Hold Hearing on Batan al-Hawa, Silwan Dispossession Cases Next Week; AG Declines Intervention
Israel Begins Construction on New Settlement in Downtown Hebron
Israel Advances “Silicon Wadi” Project in East Jerusalem
Recap: Israel Advances Settlement Plans Across Greater Jerusalem Area
Recap: Court Pushes for Palestinians to “Compromise” with Settlers in Sheikh Jarrah
New Report: State-Backed Settler “Tourism” Projects in East Jerusalem
Bonus Reads

Israel to Advance Plans for Nearly 3,000 Settlement Units & 1,300 Palestinian Homes in Area C

The Israeli Civil Administration’s High Planning Council will convene next week — for the first time since Bennett and Biden took over leadership in Israel and the U.S., respectively — to advance the construction of 2,862 new settlement units (of which 1,231 will be eligible to receive final approval). These plans include the retroactive legalization of two unauthorized outposts (Mitzpe Danny and Haroeh Haivri), which should be properly understood as the creation of two new settlements.

Peace Now data

In addition, reports suggest that Israel will also advance plans for 1,303 Palestinian homes in Area C – about half of which, importantly, are already built. A majority of these units have been awaiting Israeli approval for many, many years. If approved, the permits under consideration next week for Palestinians will be the first of any significant quantity issued by Israel since, at least, 2009 (data from before this period has not been released by the Israeli government). Between 2009 and 2018, Israel issued a total of 98 building permits to Palestinians according to data released by the Israeli government in response to a freedom of information request submitted by Bimkom.

As a reminder, Area C is the 60% of the West Bank over which Israel enjoys absolute authority. For years Israel has systematically denied Palestinians the right to build on land in Area C that even Israel recognizes is privately owned by them, At the same time, it has continuously promoted the expansion of settlements and unauthorized outposts, while systematically demolishing Palestinian private construction. In terms of numbers: between 2016 to 2018, Israel issued only 21 building permits to Palestinians in Area C, while issuing 2,147 demolition orders against Palestinians during.

Commenting on the Planning Council agenda’s Peace Now observed:

“The approval of a handful of plans for the Palestinians is only a fig leaf intended to try to reduce criticism of the government. For years, Israel has pursued a policy of blatant discrimination that does not allow almost any construction for Palestinians in Area C, while in the settlements it encourages and promotes the construction of thousands of housing units each year for Israelis. The approval of a few hundred housing units for Palestinians can not cover up discrimination and does not change the fact that Israel maintains an illegal regime of occupation and discrimination in the territories.”

It is worth noting that many of the settlement units and Palestinian permits on next week’s agenda were expected to have been advanced earlier this year, in August 2021, but the High Planning Council never convened to do so.

Below are lists of settlement plans expected to be given final approval and plans expected to be advanced next week (italicized plans represent those which appear to have been added to the slate of plans that were expected to be advanced in August 2021).

Settlement plans expected to be granted final approval include:

629 units, including the retroactive legalization of 61 units, in the Eli settlement – located south of Nablus and southeast of the Ariel settlement in the central West Bank. Though the Eli settlement previously received Israeli government approval, a “Master Plan” – which officially zones land for distinct purposes (residential, commercial, public) – has never been issued for Eli, meaning all construction there is illegal under Israeli law;
286 units in the Har Bracha settlement, located south of Nablus. If implemented, these new units will double the size of Har Bracha;
224 units in the Talmon settlement, located west of Ramallah;
146 units in the Kfar Etzion settlement, located between Bethlehem and Hebron and on the Israeli side of the planned route of the barrier (which is not yet built in this area);
110 units in the Alon Shvut settlement, located just north of the Kfar Etzion settlement and between Bethlehem and Hebron;
82 units in the Karnei Shomron settlement, located in the northern West Bank, east of the Palestinian village of Qalqilya. Israel has openly declared its intention to continue expanding settlements in this area with the stated goal of bringing 1 million settlers to live in the area.;
52 units in the Beit El settlement, located in the heart of the northern West Bank [as a reminder, former US Ambassador to Israel David Friedman has deep ties to the Beit El settlement]; Construction on 350 new units in Beit El began earlier this year;
42 units in the Givat Zeev settlement, located south of Ramallah in an area that is on the Israeli side of the barrier;
24 units in the Haroeh Haivri outpost, a plan that will effectively grant retroactive legalization to this outpost. The Haroeh Haivri outpost is located just east of Jerusalem, within eyesight of the Khan al-Ahmar community, which Israel is threatening to demolish (forcibly relocating the Palestinian bedouin community that has lived there since the 1950s) — ostensibly because the structures in Khan al Ahmar were built without necessary Israeli approvals. The Haroah Haivri outpost was also built without the necessary Israeli approvals, but instead of demolishing the construction, Israel is moving to retroactively legalize it — demonstrating once again that, when it comes to administering the occupation, Israel prefers “rule by law” – where law is turned into a tool to elevate the rights/interests of one party over another, over the democratic rule of law.;
14 units in the Ma’aleh Mikhmash settlement, a plan that will effectively grant retroactive legalization to one of Ma’aleh Mikhmash’s outposts – – Mitzpe Danny;
10 units in the Barkan settlement, located about half way between the Ariel settlement and the cluster of settlements slated to be united into a “super settlement” area (Oranit, Elkana, Shiva Tikva, and others);
5 units in the Shima’a settlement, located in the southern tip of the West Bank;
7 units in the Peduel settlement, located in the northern West Bank and part of a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line into the very heart of the West Bank and on towards the Jordan Valley.

Settlement plans expected to be approved for deposit (an earlier stage in the planning process) include:

399 units in the Revava settlement, located just east of the Barkan settlement and west of the Ariel settlement, in a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line into the very heart of the West Bank and on towards the Jordan Valley.
380 units in the Kedumim settlement, located just east of Nablus. Israeli MK Bezalel Smotrich lives in the Kedumim settlement on a section of land in the settlement that has been found to be privately owned by Palestinians.;
100 units in the Elon Moreh settlement, located east of Nablus (for background on the significance of the Elon Moreh settlement, please see here);
100 units in the Sansana settlement, located on the southern tip of the West Bank on the Israeli side of the separation barrier;
73 units in the Givat Zeev settlement, which is also expected to receive final approval for 42 units. Givat Zeev is located south of Ramallah in an area that is on the Israeli side of the barrier;
68 units in the Tene settlement, located on the southern tip of the West Bank;
45 units in the Vered Yericho settlement, located just west of the Palestinian city of Jericho in the Jordan Valley;
27 units in the Karnei Shomron settlement, which is also expected to receive final approval for 82 units. Karnei Shomron is located in the northern West Bank, east of the Palestinian village of Qalqilya. Israel has openly declared its intention to continue expanding settlements in this area with the stated goal of bringing 1 million settlers to live in the area.;
18 units in the Alon Shvut settlement, which is also expected to receive final approval for 110 units. Alon Shvut is located just north of the Kfar Etzion settlement and between Bethlehem and Hebron;
10 units in the Tal Menashe settlement, located located on the tip of the northern West Bank, inside the “seam zone” between the 1967 Green Line and the Israel separation barrier, which was constructed along a route designed to keep as many settlements and as much adjacent land as possible on the Israeli side of the wall/fence.
7 units in the Hermesh settlement, located in the northern West Bank;
4 units in the Efrat settlement, located south of Bethlehem, inside a settlement block that cuts deep into the West Bank. Efrat’s location and the route of the barrier wall around it, have literally severed the route of Highway 60 south of Bethlehem, cutting off Bethlehem and Jerusalem from the southern West Bank. The economic, political, and social impacts of the closure of Highway 60 at the Efrat settlement (there is literally a wall built across the highway) have been severe for the Palestinian population.

Peace Now reports that the Planning Council will also consider advancing the following plans for Palestinian homes:

270 houses in the Bir al-Bash village, located south of Jenin in the northern West Bank;
270 houses in the Al-Ma’asara village, located south of Bethlehem;
233 houses in the the Almasqufa village, located near Tulkarem in the northern West Bank;
200 houses in the Dkeika village in the South Hebron Hills;
170 houses in the Khirbet Abdallah Younas village, located in the Jenin area;
160 houses in the Abba a-Sharqiya village, also located south of Jenin in the northern West Bank;

Israeli Supreme Court to Hold Hearing on Batan al-Hawa, Silwan Dispossession Cases Next Week; AG Declines Intervention

On October 25th, the Israeli Supreme Court is scheduled to hold an important hearing on the case of the Palestinian Duweik family which is under threat of being dispossessed of their longtime home in the Batan al-Hawa section of the Silwan neighborhood in East Jerusalem by the Ateret Cohanim settler organization.

In advance of that hearing – and after repeated extensions on a Court-ordered deadline – the Israeli Attorney General finally submitted his position on the case to the Court. The document submitted by the Attorney General was only 1 page, and simply stated that the case does not merit intervention either on the specific case of the Duweik family or regarding the wider legal principle at stake, which threatens an additional 85 families living under threat of eviction in Batan al-Hawa.

Ir Amim writes:

“Among the 85 families facing eviction, the Duweik family case is the first to reach the Supreme Court level, and its outcome will inevitably set a precedent, significantly impacting the rest of the cases in the neighborhood…As in the eviction cases in Sheikh Jarrah, the Attorney General and by extension, the government, was given a rare opportunity to take a moral stand by providing a legal opinion and policy position to help prevent the mass displacement of these families. Yet, at this point, the Attorney General’s response appears to imply that he has declined to intervene. Now, the decision concerning the fate of these families seems to lie solely in the hands of the Supreme Court. The rights of Palestinians to housing and shelter and the right to family and community life are fundamental and must be upheld. The same discriminatory legal system, which led to the confiscation of these families’ original homes in 1948, is now being exploited 73 years later to displace them for a second time from their current homes in which they have lived for decades. The Supreme Court has the power to make a principled and just decision to uphold the rights of these families to remain safely in their homes, free from the constant threat of being forcibly uprooted and driven from their homes and communities.”

Peace Now said in response to the AG’s decision to not intervene:

“The Attorney General’s response actually says that for the Israeli government, there is no problem to kick hundreds of residents out from their homes, on the basis of a discriminatory law, in favor of a settlement. The government was given an opportunity here to try to prevent moral injustice and political folly, but instead of taking a stand, it chose to remain on the sidelines, as if Silwan’s story, like that of Sheikh Jarrah, was a legal matter and not a political one.”

In July 2021, Peace Now assembled a coalition of Israeli lawyers to submit an amicus brief to the Court regarding the Duweik case. Peace Now summarizes:

“The brief addresses an approach that has emerged in international jurisprudence on human rights law which puts an emphasis on group vulnerability of occupants facing eviction and institutional, systemic discrimination against them. Where these are present, in certain circumstances, the occupants’ rights, stemming from the human right to housing and specifically, to live in their home and their family’s home – trump the right of the original owner or their substitute to regain possession of the property.

The brief reaches the conclusion that in the Duweik case, the occupants’ property rights and their right to housing supersede the right of the settlers acting on behalf of the pre-1948 original owners to receive possession of the property, based on the following:

1 – The fact that Palestinian residents of East Jerusalem are underprivileged, vulnerable and subjected to discrimination in every aspect of life, and particularly the fact that Israeli law on the restitution of property that changed hands due to wars, openly and deliberately discriminates against them;

2 – The fact that the family entered the property in good faith and/or in accordance with the law applicable at the time, and has developed a legitimate expectation to continue residing in it permanently and without interruption;

3 – The imbalance between the devastating harm the family would suffer and the minor damage the Benvenisti charitable endowment (represented by the settlers), which claims ownership of the property, would sustain, which clearly tips the scales in favor of the family.

In other words, according to the brief, even if the court finds the settlers do, in fact, have ownership, they are not necessarily entitled to remedy in the form of the families’ eviction from their homes, but rather to compensation from the state.”

Israel Begins Construction on New Settlement in Downtown Hebron

Peace Now reports that construction has begun on 31 new settlement units at the site of an old bus station previously repurposed as an IDF base, located in the heart of the Old City of Hebron on the infamous Shuhada street. This is a new settler enclave in the city and is, in effect, a new urban settlement, disconnected from already existing settlements in the city. It will be the first new settlement construction approved in downtown Hebron – where Palestinians already live under apartheid conditions – since 2002.

Peace Now said in a statement:

“The government is acting like an annexation government, not as a change government. Since the 1980s, no government has dared to build a new settlement in the heart of the largest Palestinian city in the West Bank, with the exception of one building built under the auspices of the second intifada in 2001. The Defense Minister has to stop construction, even if the plan was approved by the previous government. The settlement in Hebron is the ugly face of Israeli control of the territories. The moral and political price of having a settlement in Hebron is unbearable.”

As a reminder: in October 2017, the Israeli Civil Administration approved a building permit for the 31 units, on the condition that the Palestinian municipality of Hebron and others would have the opportunity to file objections to the plan. Soon after, two appeals were filed with the Defense Ministry: one by the Palestinian municipality of Hebron and one by the Israeli settlement watchdog Peace Now. The legal objections were based on the legally questionable process by which Israel made land in downtown Hebron available for settlement construction. Located in the Israeli-controlled H-2 area of Hebron (where 500 Israeli settlers live amongst 40,000 Palestinians), Israel seized the land in the 1980s from the Hebron Municipality, for military purposes. In 2007, the Civil Administration’s Legal Advisor issued an opinion stating that once Israel is done using the land for military purposes, it must be returned to the Hebron Municipality, which has protected tenancy rights to the land. Nonetheless, in 2015, the Israeli Civil Administration, with the consent of the Minister of Defense, quietly authorized the Housing Ministry to plan the area for Israeli settlement use, paving the way for that same ministry to subsequently present the plan for the 31 units.

In October 2018, with the legal challenges still pending, the Israeli Cabinet voted to expedite the planning of the new settlement and allocated approximately $6.1 million (NIS 22 million) for the project, which will require Israel to significantly renovate the bus station/military base in order to build the 31 new settlement housing units, as well as a kindergarten, and “public areas” for the new settler residents. Peace Now explains:

“The approval of the building permit in the heart of Hebron is an extraordinary move not only because it is a new settlement in Hebron for the first time since 2001, but because it indicates a significant change in Israeli legal interpretation of what is allowed and forbidden in occupied territory. The area in question was owned by Jews before 1948, and it was leased by the Jordanian government in protected tenancy to the Hebron municipality for the purpose of establishing the central bus station. Since 1967, the Israeli authorities managed the land and continued the lease to the Hebron municipality, until in the 1980s when the area was seized for military purposes, the bus station was closed and a military base was established there. A legal opinion of the Judea and Samaria Attorney General on the issue in 2007 emphatically stated that by law the municipality’s protected lease must not be revoked.”

Israel Advances “Silicon Wadi” Project in East Jerusalem

On October 13th, the Jerusalem Local Planning Committee met to initiate the planning process for the “Silicon Wadi” project, which was initiated by the Jerusalem Municipality and outlines plans to build a large industrial zone for hi-tech, commercial, and hospitality businesses in the heart of East Jerusalem’s Wadi Joz neighborhood. The project requires the demolition of some 200 Palestinian-owned businesses that currently operate in the area; dozens of demolition notices for which were issued in November 2020.

Ir Amim writes:

“Beyond the devastating impact of widespread demolitions of existing businesses and structures, the plan also raises concerns that the Israeli authorities will exploit the planning procedures to locate alleged Palestinian absentee properties and transfer lands into the hands of the State. It should also be noted that while Israel focuses on bolstering employment and economic activity in East Jerusalem, it simultaneously continues to suppress residential development in Palestinian neighborhoods. As with nearly all outline plans advanced in East Jerusalem in recent years, the Wadi Joz business park plan only allocates a marginal amount for residential use, which hardly meets the acute housing needs of the Palestinian population. Rather than undertaking measures to rectify the housing crisis, these plans only exacerbate the current situation and perpetuate the residential planning stranglehold, which ultimately serves to push Palestinians out of the city.”

Recap: Israel Advances Settlement Plans Across Greater Jerusalem Area

Over the past two weeks, the government of Israel has advanced four highly controversial and politically consequential settlement plans in the Greater Jerusalem area:

The Givat Hamatos Settlement: On October 13th, the Jerusalem Local Planning Committee approved the expropriation of lands designated for public use in the Givat Hamatos area for the construction of roads, public buildings and the development of open space for the planned new settlement/neighborhood. For more on the Givat Hamatos settlement plan, please see here.
Map by Haaretz
The E-1 Settlement: The Israel Civil Administration moved forward with advancing plans for the construction of the E-1 settlement, setting a date for a third hearing to discuss public objections to the plan (now set for November 8th). The first hearing was held on October 4th, but Palestinians were denied the ability to participate in that hearing (which was held virtually, making it inaccessible to the many Palestinians affected by the plan who do not have internet access). As a result, the Court scheduled this 3rd hearing (to allow the participation of Palestinians). The second hearing was held on October 18th; at that hearing three objections were presented (one by the Palestinian village of Anata, a second by the Palestinian village of Al-Azariya, and a third joint submission filed by Ir Amim and Peace Now). Ir Amim reports that there was no substantive discussion of these objections, with the Civil Administration panel offering no questions or comments on them. For more on the E-1 settlement plan, please see Terrestrial Jeruaslem’s excellent and thorough reporting.
The Atarot Settlement: The Jerusalem District Planning Committee formally signaled that it will proceed with a hearing on the Atarot settlement plan – scheduled for December 6th – to build a huge new settlement on the site of the former Qalandiya airport (located at the northern tip of East Jerusalem). In its current form, the plan provides for up to 9,000 residential units for ultra-Orthodox Jews (assuming, conservatively, an average family size of 6, this means housing for 54,000 people), as well as synagogues, ritual baths (mikvehs), commercial properties, offices and work spaces, a hotel, and a water reservoir. If built, the Atarot settlement will effectively be a small Israeli city surrounded by Palestinian East Jerusalem neighborhoods on three sides and Ramallah to its north. Geopolitically, it will have a similar impact to E-1 in terms of dismembering the West Bank and cutting it off from Jerusalem. For more on the Atarot settlement plan, please see here.
The Pisgat Ze’ev Settlement: The Israeli government advanced plans for 470 new settlement units in Pisgat Ze’ev, the largest settlement located in East Jerusalem.

Recap: Court Pushes for Palestinians to “Compromise” with Settlers in Sheikh Jarrah

The Israeli Supreme Court has set November 2nd as the deadline for Palestinian families living at risk of forced displacement in Shiekh Jarrah to decide wether or not to accept a Court-authored deal which would help them – at least temporarily – avoid eviction from their homes, in part by requiring them to recognize settler ownership over the properties.

Under the terms of the Court’s deal, which it is pressuring both parties to accept, the following would take place:

The settler group Nahalat Shimon will be recognized as the owners of the site.
The Palestinians will be recognized as protected tenants and be required to pay an nominal annual rental fee to the attorney of the settlers (in effect recognizing the settlers as the owners) but
- The Palestinians will be able to continue pursuing legal challenges to the underlying ownership of the land
- The Palestinians are permitted to renovate the properties without interference
Settlers will be able to instigate eviction proceedings against Palestinians if they are in violation of the Court’s compromise agreement or in violation of Israel’s tenancy laws.

Terrestrial Jerusalem writes:

“The most problematic element of the settlement relates to the settlers’ ability to institute evictions even if the residents are not in violation of the agreement or of the tenancy laws. The settlers will be entitled to institute such proceedings in the event that the ownership rights are conclusively awarded to them, or after 15 years, the earlier of the two. This can be done if the settlers either wish to personally use the property or to demolish and rebuild. Under these circumstances, the settlers will need to offer the residents alternative equivalent quarters. Palestinian residents might hope settlers reject the deal to avoid having to make an ‘excruciatingly painful decision.’”

According to Terrestrial Jerusalem, the Court has signaled that further negotiations are acceptable, but that if either party rejects the agreement a decision on the eviction cases will be handed down swiftly.

New Report: State-Backed Settler “Tourism” Projects in East Jerusalem

In a new report entitled, “The Valley of Hinnom: Trees and Flowerbeds in the Political Struggle over East Jerusalem,” the Israeli NGO Emek Shaveh surveys the multitude of recent “tourism” projects jointly undertaken by the Elad settler organization and the Israeli government in the Ben Hinnom Valley — a strategic area between East and West Jerusalem (stretching past the 1967 Green Line), and located within the area designated by Israel as the Jerusalem “Walls National Park”.

Emek Shaveh writes:

“The nature of the tourism-settlement activity in the Valley of Hinnom conducted jointly by Elad and government authorities is familiar to us from the City of David/Silwan. The series of joint ventures such as the café, the Center for Ancient Agriculture and the cable car in effect hand over large expanses of land to the settlers of the Elad Foundation under the guise of tourism. Although unlike Silwan, the valley is sparsely populated, the activity there must be viewed as an integral part of the struggle for the Old City Basin of Jerusalem and as a means to clear this highly strategic area from the presence of Palestinians.”

In conclusion, we wish to emphasize the following points:

1 – Development in East Jerusalem is almost always driven by political objectives. Recent developments in the Valley of Hinnom are part of the grand plan to change the character and the landscape of the Old City Basin and ought to be considered an integral component of the settlement enterprise in the Palestinian neighborhoods surrounding the Old City.

2 – Halting the destructive development schemes in the areas surrounding the Old City is vital in order to preserve Jerusalem as a multicultural historic city and is indirectly essential for safeguarding the status quo at the holy places.

3 – The Palestinian protests against the expansion of the settlers’ grip over the open spaces such as the Hinnom Valley is part of the struggle by the residents of Silwan and the surrounding neighborhoods to preserve the character of their neighborhoods. In our view, one ought to view the various activities by the settlers and the authorities in the Historic Basin such as the expulsion of residents from their homes, taking over land and the shaping of a historic narrative as part of the same general bid to cement their control over the Historic Basin.”

Bonus Reads

“[PODCAST] The Occupation & the Biden Administration” (FMEP ft. Danny Seidemann and Yehuda Shaul with Lara Friedman and Khaled Elgindy)
“How offshore accounts turned the British Virgin Islands into an east Jerusalem landlord” (JTA)
“Beita residents reach lands for first time since settler takeover” (Al Jazeera)
“After Years of Neighborly Relations, Settlers Try to Foil Recognition of Palestinian Hamlet” (Haaretz)
“Palestinian protests turn deadly as Israel considers the future of a new settlement” (NPR)
“These Palestinian Families Face Eviction From Their East Jerusalem Homes” (Haaretz)
“When Settler Becomes Native” (Jewish Currents)

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.

August 9, 2019

Summary: Another Week, Another Round of Major Settlement Approvals
Israeli Annexation via Settlement Construction Unleashed, Part 1: Three Outposts are “Legalized”
Israeli Annexation via Settlement Construction Unleashed, Part 2: Final Approval for 648 New Settlement Units
Israeli Annexation via Settlement Construction Unleashed, Part 3: Plans Advanced for 1,466 New Settlement Units (With More to Come)
Israeli Annexation via Settlement Construction Unleashed, Part 4: Reactions
Following Murder of Settler Youth, Netanyahu Doubles Down on Commitment to Settlements
Latin Patriarchate Files Suit Claiming New Proof of Fraud Behind Settler Takeover of Old City Hotel Properties
Education Minister Strips Key Committee Membership from Professor Who Objected to Authorization of Settlement Medical School
Bimkom Report: Israel’s “No Construction Zone” Adjacent to the Separation Barrier Has Little To Do With Security
Ir Amim: Israel’s Crackdown in Issawiya Advances Settlement Project in East Jerusalem
Terrestrial Jerusalem In-Depth Report: The Silwan Tunnel Project
Bonus Reads

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

Summary: Another Week, Another Round of Major Settlement Approvals

During its quarterly convening on August 5th and 6th, the Israeli Defense Ministry’s High Planning Council advanced plans for a total of 2,304 new settlement units. This includes:

the approval of plans legalizing 190 units that have the effect of retroactively legalizing 3 unauthorized outposts;
final approval for the construction of 648 settlement units; and
interim approval (i.e., a step toward final approval) for the construction of 1,466 new settlement units

These approvals comes on the heels of the Israeli Security Cabinet’s decision to issue 6,000 building permits for settlement units last week (details of which are still unpublished). The past week of massive settlement advancements is a clearer-than-ever indication that Israel (with very public backing from top U.S. officials) is not holding back its illegal settlement activities and its ongoing annexation of the West Bank, particularly in Area C.

Details of this week’s approvals are broken down below.

Israeli Annexation via Settlement Construction Unleashed, Part 1: Three Outposts are “Legalized”

Plans advanced August 5-6 by the Israeli Defense Ministry’s High Planning Council In its decisions taken August 5th and 6th include at least 190 units in three illegal outposts — which have the effect of retroactively legalizing those three outposts. The outposts that gained retroactive approval this week are:

Haroah Haivri – The council approved a plan for an educational institute and accompanying housing for students and staff. Most extraordinarily, Haroah Haivri, located just east of Jerusalem, is within eyesight of the Khan al-Ahmar community, which Israel is planning to demolish (forcibly relocating the Palestinian bedouin community that has lived there since the 1950s) — ostensibly because the structures in Khan al Ahmar were built without necessary Israeli approvals. The Haroah Haivri outpost was also built without the necessary Israeli approvals, but instead of demolishing the construction, Israel has retroactively legalized it — demonstrating once again that, when it comes to administering the occupation, Israel prefers “rule by law” – where law is turned into a tool to elevate the rights/interests of one party over another, over the democratic rule of law.
Ibei Hanachal – The Council approved 96 units in this outpost, located southeast of Bethlehem, turning it into a “neighborhood” of the Maale Amos settlement. In reality, the outpost is not contiguous with the built-up area of the Maale Amos settlement, meaning that the implementation of this plan will, in effect, create a distinct new settlement (for coverage of this plan, see here) .
Givat Salit – The Council approved 94 units in this outpost, located in the northern Jordan Valley, as part of turning it into a “neighborhood” of the nearby Mechola settlement.

The legalization of these three outposts only adds to the success of Israel’s ongoing and increasingly successful effort to retroactively legalize all illegal settler construction in the West Bank (that is, construction undertaken illegally under Israel law; all settlement construction is illegal under international law). The lengths to which Israel has gone to in order to achieve that goal include inventing new legal grounds — some outlined by the government’s “Zandberg report” and another – the “market regulation principle” identified by the Isareli Attorney General — that in effect allow Israel to suspend the rule of law and erase private property rights of Palestinians. For the past 2.5 years, FMEP has documented this campaign in detail in its Annexation Policies Tables – regularly updated and available online.

Israeli Annexation via Settlement Construction Unleashed, Part 2: Final Approval for 648 New Settlement Units

The actions taken this week by the High Planning Council include issuing final approval for 648 settlement units – mostly new construction but also some approval of existing construction that had been undertaken without approval (all of this is in addition to the 190 units in outposts legalized retroactively). Details of these approvals for new settlement construction are as follows:

Map by Peace Now

194 units in the Ganei Modlin settlement, located in the northern “seam line zone” in the West Bank but on the Israeli side of the security barrier (by design of the Israeli government). The plan for 194 new units will bring the settlement’s built-up area directly up to the separation barrier, a particularly notable plan given Israel’s recent demolition of 70 Palestinian homes in the West Bank, based on the argument that the construction within a 200-250 foot Israeli-imposed “no construction zone” on either side of the barrier poses an unacceptable security risk to Israel. Israel rejected an offer by Palestinians to privately finance the construction of new and higher wall near the buildings; developers behind the Ganei Modlin project also offered to finance the construction of high wall near the construction, an offer the courts saw fit to accept – resolving the matter in the eyes of the High Planning Council, which approved the plan.
96 units in the Kiryat Netafim settlement, located in the northern West Bank and part of a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line into the very heart of the West Bank and on towards the Jordan Valley.
76 units in the Beit Hagai settlement, located just south of Hebron,
66 units in the Efrat settlement, located south of Bethlehem. Efrat had already received final permission for 1,000 new settlement units at the most recent High Planning Council meeting, in April 2019. As a reminder, Efrat is located inside a settlement enclave that cuts deep into the West Bank. Efrat’s location and the route of the barrier wall around it, have literally severed the route of Highway 60 south of Bethlehem, cutting off Bethlehem and Jerusalem from the southern West Bank. The economic, political, and social impacts of the closure of Highway 60 at the Efrat settlement (there is literally a wall built across the highway) have been severe for the Palestinian population.
61 units attached to an educational institute in the Gva’ot settlement, located south of Bethlehem. The Gva’ot (Gevaot) settlement was established as an outpost of mobile homes, and later benefited from Israel’s unilateral, mass expropriation of Palestinian land in 2014 (which Israeli officials explictly said was done in response to a Palestinian terror attack). At the time, Peace Now reported that the move constituted the largest single expropriation of Palestinian land by the Israeli state in over 30 years.
51 units in Shvut Rachel, which only recently became an authorized settlement area when Israel extended the jurisdiction of the Shiloh settlement to include it as a “neighborhood” (along with three other outposts). The plans approved this week will retroactive legalize existing units and permit the construction of a few news one.
29 units in the Otniel settlement, located in the South Hebron Hills area. The plans serve to retroactively legalize existing units.
27 units in the Maskiyot settlement, located in the northern Jordan Valley. These units are part of a plan allowing the construction of a “bed and breakfast” with 27 additional rooms (and calling to mind Amnesty International’s recent report on the role tourism plays in supporting the occupation).
19 units in the Peduel settlement, located in the northern West Bank and part of a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line into the very heart of the West Bank and on towards the Jordan Valley.
18 units and a park in the Ma’ale Adumim settlement.
11 units in the Einav settlement, located northwest of Nablus.

In addition, the Council gave retroactive approval for a controversial archeological site in the Shiloh settlement, located in the center of the northern West Bank. The Israeli government has devoted a significant amount of money and political energy towards building the tourist site, which is now drawing upwards of 60,000 evangelical tourists each year. For background on the site, see this Emek Shaveh report from 2014 and this brief from 2017, when the government approved the commercialization of the site. For analysis on how the site fits into a bigger pattern of Israeli efforts to normalize the settlements through tourism, see this report by Amnesty International.

Israeli Annexation via Settlement Construction Unleashed, Part 3: Plans Advanced for 1,466 New Settlement Units (With More to Come)

Actions taken August 5-6 by the Israeli Defense Ministry’s High Planning Council include advancing plans that, when they eventually receive final approval, will allow for the construction of 1,466 settlement units (details of the various steps of the planning/approval process are laid out by Peace Now here). Specifically, the Higher Planning Council this week approved the following plans for deposit for public review:

382 units in the Beit El settlement, located north of Ramallah. The plans include the retroactive legalization of 36 units; the remaining 346 are new units. As a reminder, Beit El is the settlement closely associated with U.S. Ambassador to Israel David Friedman, who among other things was the President of the “Friends of Beit El” organization, which raised money on its behalf.
354 in the Nili settlement, located in the northern West Bank;
200 units in the Asfar settlement, located northeast of Hebron. If approved, this plan will triple the size of the Asfar settlement.
168 units in the Talmon settlement, located north west of Ramallah. In December 2018, FMEP reported on a deadly encounter between neighboring Palestinians and settlers from Talmon and/or the many unauthorized outposts associated with it. The settlers had been attempting to takeover another hilltop on the outskirts of the Palestinian village of al-Mazra’ah al-Qibliyah. When Palestinians staged an attempt to stop the settlers from entering the area, a scuffle ensued and Israeli soldiers shot and killed two Palestinians.
132 units in the Kfar Adumim settlement, located east of Jerusalem and less than one mile from the Khan al-Ahmar bedouin community which the state of Israel is seeking to demolish.
84 units in the Shima settlement, located in the southern tip of the West Bank.
74 units in the Yakir settlement, located in the northern West Bank and part of a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line deep into the West Bank.
48 units in the Bracha settlement, located south of Nablus.
A recreational area in the Kochav Yaakov settlement, located just south of Ramallah.

In addition to the plans approved and advanced detailed above, the High Planning Council delayed consideration of two additional plans, which are:

A plan that would effectively legalize another outpost, known as Brosh. Similar to the Haroah Haivri plan, discussed above, the plans relating to Brosh serve to retroactively legalize an existing educational institute. Approval of the plan was delayed because the Council had not resolved objections that were filed against the plan, including an objection filed by Peace Now.

A plan for 207 settlement units in the Bracha settlement, located near Nablus (these plans are in addition to the plans for 48 units approved to be deposited for public review, covered above). Though plan was on the Council’s schedule, it could not be approved because the Council first needs to approve the extension of Har Bracha’s existing settlement jurisdiction to include the area units are to be built. Since the plan calls for the construction of units outside of the existing area of jurisdiction, the plan could not be approved.

Israeli Annexation via Settlement Construction Unleashed, Part 4: Reactions

Following this week’s advancement of plans for 2,304 settlement units, settlement watchers and key members and bodies of the international community issued sharp criticism and sounded the annexation alarm bells. In contrast, there was glaring – and very, very, very predictable – silence came from the U.S. administration. A few notable reactions are included below.

Peace Now said in a statement:

“The approval of settlement plans is part of a disastrous government policy designed to prevent the possibility of peace and a two-state solution, and to annex part or all of the West Bank. The linkage of thousands of housing permits for settlers and a negligible number of housing units for Palestinians cannot hide the government’s discrimination policy. As a result, we see for example an approval of the illegal outpost (Haroeh Haivri) built for Israelis adjacent to the Palestinian bedouin village of Khan Al-Ahmar, for which the government refuses to approve any construction permits and instead seeks to transfer. Or we see, the approval of the construction of a new settlement neighborhood adjacent to the separation barrier after demolishing 72 housing units built adjacent to the separation barrier in Wadi Hummus, despite offering to fund security measures.”

The European Union issued a statement which reads:

“The EU expects the Israeli authorities to fully meet their obligations as an occupying power under International Humanitarian Law, and to cease the policy of settlement construction and expansion, of designating land for exclusive Israeli use, and of denying Palestinian development.”

United Nations Special Coordinator for the Middle East Peace Process Nickolay Mladenov said in a statement:

“The expansion of settlements has no legal effect and constitutes a flagrant violation of international law. By advancing the effective annexation of the West Bank, it undermines the chances for establishing a Palestinian state based on relevant UN resolutions, as part of a negotiated two-state solution.”

British Foreign Secretary Dominic Raab urged Israel to stop what he called:

“the effective annexation of the West Bank.”

Leilani Farha, the United Nations Special Rapporteur for the right to housing, and Michael Lynk, the United Nations Special Rapporteur for human rights in the Palestinian territory occupied since 1967, said in a statement:

“These settlement housing units are clearly meant to solidify the Israeli claim of sovereignty over the West Bank. Building civilian settlements in occupied territory is illegal, as is the annexation of territory. The international community has spoken out against the Israeli settlements, but it has not imposed effective consequences for the country’s defiance of international law. Israel’s actions indicate it plans to remain permanently and advance a claim of sovereignty. The Israeli Prime Minister made this clear when he said recently that: ‘No settlement and no settlers will ever be uprooted.’ Should we not take him at his word that Israel has no intention of complying with international law? Criticism without consequences is hollow. The international community has a wide menu of commonly-used countermeasures to push recalcitrant states into compliance with their international duties. If the international community is serious about its support for Palestinian self-determination and its opposition to Israeli settlements then, surely, the time has come for meaningful action.”

Israeli settlers, on the other hand, we filled with glee. Gush Etzion Regional Council Head Shlomo Ne’eman said in a statement:

“Thank God today we received approval from the Higher Planning Council for new housing units in Gush Etzion. Congratulations to all of our residents on the 200 units in Metzad, which is historic in that it will triple the size of the community. Congratulations on the final approvals for the Sadna institution, which works towards integration and is located in Gevaot, and will enable permanent construction of tens of units. Another major breakthrough is the final approval for Ibei Hanachal, which essentially fully legalizes the community and includes the construction of 96 permanent homes. These are major accomplishments for southeastern Gush Etzion, for the Jewish communities in the Judean Desert, and of course for all of Judea and Samaria. This is an opportunity for me to thank Prime Minister Netanyahu on this impressive accomplishment. Let’s hope that the trend of development and construction in Judea and Samaria continues full speed ahead.”

Following Murder of Settler Youth, Netanyahu Doubles Down on Commitment to Settlements

Following the murder of a 19-year old Israeli settler, Prime Minister Netanyahu vowed once again that he will promote settlement construction in all areas of the West Bank. Speaking at a ceremony marking the establishment of a new neighborhood of 650 units in the settlement of Beit El (which just saw plans for 382 new units advance, see above) Bibi said:

“We promised to build hundreds of housing units. Today we are doing it, both because we promised and because our mission is to establish the nation of Israel in our country. We know that the Land of Israel is bought in agony. Today another one of our sons fell. He was from a family that has already made a heavy sacrifice for the Land of Israel. These vicious terrorists: They come to uproot, we come to plant. They come to destroy, we come to build. Our hands will reach out and we will deepen our roots in our homeland – in all parts of it.”

Bibi’s words — which suggest an intention to continue/expand settlement construction across the entirely of the West Bank — did not satisfy many of his challengers on the Israeli right (against whom he is squaring off against in the upcoming election). Ayelet Shaked – who is leading a union of right wing parties – called directly for annexation. She said:

“We have to apply sovereignty to Judea and Samaria. Gush Etzion is in consensus and there is no reason not to apply sovereignty there.”

Knesset Speaker Yuli Edelstein (Likud) said:

“our response to the murder has to be [to] apply sovereignty on the settlements, starting with Gush Etzion.”

And the Sovereignty Movement – is an offshoot of the Women in Green organization, and has been working to formalize its expanding influence over Israeli politicians and public discourse by pushing for the establishment of a Knesset committee devoted to the cause of Israeli annexation of the West Bank – issued a statement saying:

“It is either us or them! This is a 52-year-old struggle that must be resolved. Sovereignty will bring resolution and will erase the hope of pushing us out of here through terror attacks. The resolution must be clear and unambiguous – we have returned to the heritage of our fathers, we will bring another million Jews here, we will build dozens of communities. The Arabs are invited to live under our sovereignty as individuals and enjoy a prosperous life as residents.”

Latin Patriarchate Files Suit Claiming New Proof of Fraud Behind Settler Takeover of Old City Hotel Properties

On August 5th, the Greek Orthodox Patriarchate in Jerusalem filed a request to reopen the underlying case in Jerusalem District Court which awarded the radical settler group Ateret Cohanim the ownership rights to three historic church properties in the Old City of Jerusalem. The Patriarchate’s appeal is based on new evidence of fraud committed by the Jerusalem settler organization Ateret Cohanim – with the aid of church officials – during the sale of the properties. The original Jerusalem District Court ruling acknowledged that there were problems in the transaction, but found that the church failed to prove its allegations of bribery and corruption.

The allegations of fraud rely on the testimony of Ted Bloomfield, a man who managed the Petra Hotel in the 1990s. Bloomfield reportedly told the Greek Patriarchate that Ateret Cohanim paid him to help persuade the Palestinian protected tenants to sell their rights. The lawsuit says these actions are “extraordinary in their severity” and include fraud, forgery of legal documents, and bribery – including alleged attempted sexual bribery. The church’s complaint also alleges that the settler group obstructed justice in deliberately concealing documents during legal proceedings.

Haaaretz recently published a moving video testimony of one Palestinian man, Abu-Walid Dajani, whose family has run the New Imperial Hotel, one of the targeted properties, since 1949. Dajani is now facing eviction.

Education Minister Strips Key Committee Membership from Professor Who Objected to Authorization of Settlement Medical School

The Haaretz Editorial Board penned a sharp criticism of newly appointed (and interim) Israeli Education Minister Rafi Peretz, who recently removed Professor Yossi Shain from the Planning & Budgeting Committee of the Higher Education Council. Shain was one of the members of the key professional committee – which essentially serves as the gatekeeper for schools hoping to join the ranks of accredited Isareli education institutions – who objected to the rushed and politicized process by which, in contravention to the Council’s normal practice, a medical school located in the settlement of Ariel received approval from the Higher Education Council.

The Editorial Board writes:

“The ‘revenge’ taken by Peretz against someone acting according to his professional judgment is a worrisome sign. The message conveyed by the education minister’s bureau is crystal clear: In education and academia, loyalty to the occupation and annexation project has become a decisive criterion.”

Bimkom Report: Israel’s “No Construction Zone” Adjacent to the Separation Barrier Has Little To Do With Security

In a new report, the Israeli NGO Bimkom sheds light on the very problematic regulation that was the legal pretext behind Israel’s recent demolition of 70 Palestinian homes in Wadi Hummos – i.e., the argument that the construction was located too close to Israel’s separation barrier.

Bimkom explains that in 2011, the Israeli military issued a “no construction order” to prevent construction close to the separation barrier, ostensibly on the basis of security considerations. The zone defined by the order ranges from ranges from 30 meters to 700 meters in different areas (on both sides of the barrier). Given that much of the barrier passes through the West Bank (meaning the land on both sides is Palestinian land), the cumulative impact on the Palestinians is significant. According to Bimkon, the total area affected by the no-construction order is approximately 195,000 dunams [48,185 acres/195km2] of land, belonging to 115 Palestinian villages.

While the order also (theoretically) impacts 15,000 dunams of land in areas where there are settlements located close to the barrier, the perimeter of the zone and enforcement against construction within it follows a predictable logic in favor of the settlements.

Bimkom writes:

“Similar to the barrier route, the no-construction order is determined such that its impact on settlement construction is minimal, but its impact on Palestinian villages is enormous. The negative impact of the physical barrier on hundreds of thousands of Palestinians is intensified expanded to hundreds of meters in which Palestinian construction is prevented. The potential for Palestinian development in Area C is already very limited, and the no-construction zone only serves to exacerbate the situation. In summary, it can be seen that the security considerations which are supposedly behind the construction ban are often questionable, and this also applies to Wadi al-Hummus. The obvious conclusion is that the security considerations according to which buildings in Areas A and B were demolished are a smoke-screen for political considerations whose purpose is to reduce the Palestinian population in the seam zone, especially in the Jerusalem region, or even to punish them for unrest in the area, according to army reports. The threat of demolition still hangs over Wadi al-Hummus, as there are a large number of other buildings that have received demolition orders and the court is scheduled to discuss their case in the coming months.”

Also, as detailed above, the inconsistency of Israeli policy when it comes to enforcing the “no-construction zone” was on display this week, as Israel approved the construction of 194 units in the Ganei Modlin settlement, right up to the barrier (discussed above). Whereas Israel rejected an offer by Palestinians in Wadi Hummos to privately finance the construction of new and higher wall near their buildings (and went ahead and demolished them), Israel authorities accepted an offer by developers behind the Ganei Modlin project to finance the construction of high wall near the construction, allowing expansion of a settlement to move ahead.

Ir Amim: Israel’s Crackdown in Issawiya Advances Settlement Project in East Jerusalem

In +972 Mag, Ir Amim researcher Aviv Tartarsky published a superb analysis of the ongoing campaign of daily harassment and intimidation Israeli authorities have unleashed against Palestinians living in the Issawiya neighborhood of East Jerusalem. Tatarsky writes:

“The campaign against Issawiya signals a new stage in Israel’s oppressive policies in East Jerusalem, and is part of the overall change in Israeli policy toward the Palestinians with the backing of the Trump administration. In the past, Israel primarily focused on settlement construction in the eastern part of the city. By building so-called ‘facts on the ground,’ the government intended to make it as difficult as possible to draw a border along the Green Line and create two capitals in Jerusalem. Today that focus has dangerously shifted to breaking apart Palestinian Jerusalem. Israel is pouring hundreds of millions of shekels into projects that will take over large parts of the the Old City and its surrounding neighborhoods, while fragmenting Palestinian territory and jeopardizing the Palestinian population. Neighborhoods such as Silwan, A-Tur and Sheikh Jarrah have seen an intensification of home demolitions and evictions on the one hand, while on the other the municipality has built promenades, heritage centers, and other tourist attractions for the Jewish settlers living inside Palestinian neighborhoods. Meanwhile, Israel is aiming to redraw the city’s municipal borders so as to push 120,000 Palestinians — more than a third of the city’s Palestinian population — out of the city. According to legislation advanced last year by Jerusalem Affairs Minister Ze’ev Elkin, neighborhoods such as Kufr Aqab, Ras Hamis and the Shuafat refugee camp — already separated from the rest of the city by the separation wall — will be drawn out of the municipal boundaries. Issawiya, then, portends what Israel has in store for the remaining Palestinian neighborhoods of Jerusalem: continual violence that has no aim other than oppressing and making life miserable for all who live there.”

Terrestrial Jerusalem In-Depth Report: The Silwan Tunnel Project

Terrestrial Jerusalem produced an essential in-depth report on Israeli and U.S. policy towards Silwan, offering important context and shedding new light on the significance of Ambassador Friedman and Jason Greenblatt’s political stunt alongside Elad in the tunnels underneath the neighborhood.

Danny Seidemann writes in the report’s introduction:

“The event was not merely dramatic. The choreography illuminated at one critical moment and in one critical space two apparently disparate dimensions of the Israel-Palestine conflict, and their current dynamics: the territorial skirmishing and the battle over narrative in Jerusalem. More than anywhere else, the settlement in Silwan embodies the significant changes taking place in the Old City of Jerusalem and its immediate environs. The opening tunnel was, superficially, a minor routine event that disclosed developments that are anything but routine. As such, it requires an in-depth analysis that takes a hard look at the event, its background and its consequences. In our three sectioned report, we will begin by examining the background and significance of the settlement in Silwan. In Part II, we will examine the tunnel, its archeological, historical and ideological significance and the context in which it was excavated. Part III will deal with the nature of the shift in US policy regarding Silwan, its sources and its ramifications.”

Bonus Reads

“Goodbye withdrawal, hello sovereignty: The triumph of the settlers” (Times of Israel)
“Peace Cast: Housing Rather than Ideology” (Americans for Peace Now)
“How Ayelet Shaked, a secular woman, came to dominate the right-wing religious camp in Israel” (JTA)
“India’s Settler-Colonial Project in Kashmir Takes a Disturbing Turn” (Washington Post)