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 4, 2022

1. Encircling Jerusalem: Israel Advances Settlement Plans Across the City, While Settler Projects Tighten the Noose
2. Dumping Any Pretense of Respect for Rule of Law, Israeli High Court Reverses Course, Allows Mitzpe Kramim Outpost to be “Legalized”
3. Settlers Acquire Another Home in Downtown Hebron
4. Elad Closes Palestinian Access Road Near Sambuski Cemetary in Silwan
5. This Week in Area C, Part 1: JNF Approves Purchase of Palestinian Land In Jordan Valley While High Court Weighs Petition
6. This Week in Area C, Part 2: Regavim Files Petition Pushing for Immediate Demolition of Palestinian Construction in Area C
7. This Week in Area C, Part 3: Settlers Continue to Occupy Six Sites After Recent Attempt to Establish New Outposts En Masse
8. Groups Petition to Cancel New Israeli-Led Archeological Dig in the West Bank Citing Legal Questions
9. Bonus Reads

 

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Encircling Jerusalem: Israel Advances Settlement Plans Across the City, While Settler Projects Tighten the Noose

It must be stressed that events over the past several months (while the Settlement Report has taken an abbreviated form) have rapidly accelerated the encirclement of Jerusalem by settlements and settler-backed projects — developments which come at the direct expense of Palestinians — their presence in Jerusalem, their rights as land owners, and their quality of life. This encirclement continues to progress, unabated and almost entirely unchallenged, each day.

Last week, on July 25th, the Jerusalem District Planning Committee advanced plans for two brand new settlements in East Jerusalem – “Givat HaShaked” and the “Lower Aqueduct” plan. These two settlements that would nearly complete the encirclement of Jerusalem to the south. Details of those plans are: 

• The Lower Aqueduct plan (1,465 new units) was approved for deposit for public comment. This plan would see a new settlement – called the Lower Aqueduct Plan – built on a small sliver of land between the controversial settlements of Givat Hamatos and Har Homa – and is intended to connect them. In so doing, it will establish an uninterrupted continuum of Israeli settlements on the southern rim of Jerusalem, and destroy the contiguity of Palestinian land in the West Bank and East Jerusalem. 
• The Givat HaShaked settlement was also discussed, and the Committee opted to increase the total number of units that the plan outlines for construction, from ~400 to 700 housing units, plus schools and synagogues. Ir Amim and Terrestrial Jerusalem both report that, after a few technical requirements are met, the plan to build Givat HaShaked is expected to receive final approval when the Committee reconvenes in the coming weeks. The plan for Givat HaShaked is unprecedented, according to Terrestrial Jerusalem, in that it is the first settlement of this size that that Israeli government will establish inside of a Palestinian neighborhood – Beit Safafa, which will be completely encircled by Israeli construction if Givat HaShaked is built.

For more background on the Lower Aqueduct plan, see resources by: Terrestrial Jerusalem and Ir Amim.

These plans are significant developments in the effort to establish settler hegemony over East Jerusalem, but are only part of the story of how the encirclement of East Jerusalem has rapidly advanced over the past months. In addition to the construction of new settlements and growth of existing ones, settlers are succeeding in advancing new projects under the guise of tourism (like: the Cable Car, a new visitors center in Batan Al Hawa, and more) and the State is undertaking systematic efforts to take over more and more land. Those methods include the revival of a politicized land registration process in East Jerusalem and the expansion of “national park” lands onto the Mount of Olives. Palestinians in Sheikh Jarrah and Silwan also continue to face the looming threat of dispossession through Court proceedings. In a rare piece of good news — on July 21st the Israeli Supreme Court partially accepted a petition filed by the Duweik family, which has led to the (temporary) freezing of their eviction.

Another facet is the looming threat is the seemingly growing inevitability of the construction of the E-1 settlement to Jerusalem’s east. Prior to the arrival of U.S. President Joe Biden in Jerusalem on July 13th, the Israeli government intervened to postpone a critical hearing on the E-1 settlement, rescheduling it for September 12th. The rescheduled hearing, if it is not postponed yet again, could result in granting final approval to the highly contentious plan (and barring intensive outside pressure such additional postponement seems highly improbable, given the Israeli domestic politics and the upcoming national election). See Terrestrial Jerusalem for a recap of President Biden’s visit.

Dumping Any Pretense of Respect for Rule of Law, Israeli High Court Reverses Course, Allows Mitzpe Kramim Outpost to be “Legalized”

Nearly two years after ruling there is no possible legal basis by which the Mitzpe Kramim outpost can be retroactively “legalized” under Israeli law, the Israeli Supreme Court has now reversed course and will allow the State to formally legalize the settlement using the so-called Market Regulation principle.

In its original ruling, issued in September 2020, the High Court held that construction of the Mitzpe Kramim outpost was not undertaken in “good faith” because there were “multiple warning signs” that the land was privately owned by Palestinians. The outpost was ordered to be dismantled at that time. Now, with apparently no new evidence, the Court decided to accept the settlers’ claim of “good faith.”

The “good faith” condition for retroactive legalization of illegal settler construction on privately-owned Palestinian land is a central element of the “market regulation” legal principle which was devised by former Attorney General Avichai Mandelblit in December 2018 as an alternative to the (now overturned) Settlement Regulation Law. The principle offers a path to grant retroactive legalization to the settlers for what this principle treats as “unintentional” land theft – throwing the principles of both rule of law and private property rights out the window. Peace Now has a comprehensive breakdown of the legal opinion, including the specific criteria outlining which outposts can qualify under the new scheme. It is estimated that 2,000 illegal settlement structures qualify for retroactive legalization using this principle.

Yesh Din writes on the significance of this ruling:

“This ruling overtly indicates Israel’s intentions to continue to pursue retroactive legalization of illegal Israeli construction in blatant disregard of the rights of the local Palestinian population of the West Bank. The State of Israel continues to ignore the duties bestowed upon it by IHL, as the occupying power, to protect the occupied population. Additionally, as the occupying power, Israel is prohibited from transferring the occupier’s population into occupied territory. The interpretation of the Supreme Court’s majority opinion will, in practice, undoubtedly serve to fulfill the intentions of the repealed Regularization Bill from 2017. It will enable settlers, backed by the Civil Administration and other State authorities, to take over thousands of dunams of Palestinian land, leading to human rights violations on a massive scale all over the West Bank and serving as the basis for future negligent and illegal policies, which are now more likely to be given the go-ahead by the Supreme Court. This ruling symbolizes a turning point of Israel’s Supreme Court, which, for the first time, has endorsed the forced confiscation of privately owned land, which is not required for military needs, for the sole purpose of use by Israeli civilians for the establishment of a new settlement.”

In +972 Magazine, Orly Noy writes:

“The court’s ruling could potentially pave the way for the retroactive legalization of thousands more homes in outposts built on privately-owned Palestinian land…The legalization of Mitzpe Kramim is only a footnote in Israel’s policies of dispossession and land theft on both sides of the Green Line, carried out through what the Israeli regime deems completely “legal” expropriations…And one more word regarding the concept of “good faith,” which was sufficient reasoning for the High Court to retroactively legalize the theft of private Palestinian land. This same line of argumentation did not protect the residents of Umm al-Hiran, a Bedouin village in the Negev/Naqab, from being threatened with destruction and expulsion, even though they were physically placed where the village exists today in the 1950s by the military government after it expelled them from their original land, on which Kibbutz Shoval now sits. Although the state itself was the one to move them to their new location, the residents of Umm al-Hiran have lived for decades without basic infrastructure such as water and electricity — that is, until the state decided to destroy the village in order to build Hiran, a town for Jews alone, on its ruins. Unlike the settlers of Mitzpe Kramim, the residents of Umm al-Hiran did not take over land that did not belong to them, nor did they settle on private land that belonged to others. And yet, the state did not hesitate to brutally deport them — even killing a local resident, Yacoub Abu al-Qi’an, in the process. The same court that will allow the residents of Mitzpe Kramim to remain on land it itself admits does not belong to them did not hesitate to legalize the cleansing of Umm al-Hiran. Because, after all, in the apartheid regime, even the concept of “good faith” applies solely to Jewish citizens.”

Settlers Acquire Another Home in Downtown Hebron

On July 28th, a settler group called Harchvi announced it has purchased a three-story house in central Hebron, very close to the Tomb of the Patriarchs/Al-Ibrahimi Mosque and on the Palestinian side of a key IDF checkpoint (the “Pharmacy” checkpoint), which Israeli Jews are supposed to be prohibited from crossing. The group was granted a purchase agreement by the Israeli Defense Ministry this week, which seemingly legitimizes the settlers claim to have purchased the property – but it is not a final determination of the legality of the transaction. This is the second such house in Hebron that settlers have claimed to have purchased from Palestinians owners this year. 

Providing more detail on the status of the house, Peace Now writes:

“Peace Now has no information regarding the alleged deal in this case. We know from many other cases in Hebron and in the West Bank that these are dubious purchases, which are sometimes based on forgery or the purchase of only small parts of the property. It almost always turns out that the settlers may have managed to acquire the rights from one person, but the rest of the rights holders did not agree and the issue gets to courts for lengthy hearings. When settlers entered the Za’atari house in March 2018, the case got to the courts and the legal argument is still pending, but the settlers are still in the house. Every purchase of land in the territories requires the approval of the Minister of Defense – according to the law in the Occupied Territories, in order to make a transaction and register it in the land registry, a transaction permit from the Civil Administration is required. Any such transaction-permit requires the prior approval of the Minister of Defense. In this case, it is hard to believe that the settlers have a transaction permit from the Minister of Defense. In all previous cases the settlers hurry to establish a fact on the ground, enter the house and only then submit applications for registration of purchase, and only then does it come to the Defense Minister’s approval. The defense minister can refuse and prevent the execution of the deal.”

In addition to the settlement activity in Hebron that the state of Israel has formally (and publicly) sanctioned, +972 Magazine reports this week that over the past month settlers have been bulldozing Palestinian stores that have been inaccessible to their owners for more than 20 years under Israel closure orders. Though the Israeli Civil Administration has denied authorizing the settlers’ destruction of the stores over the past month, one of the Palestinian shop owners, Tareq Al-Kiyal, raises the point that “Nothing moves in the Old City — and certainly no bulldozers come in and destroy buildings — without a green light from the army.” Palestinians have filed a police report regarding the damage to the stores, which they believe were demolished by settlers in order to expand the nearby settlement enclave, Avraham Avinu.

The shops are in an area referred to as the Kiyal Market, which was “temporarily” shuttered by the Israeli army in 2001 during the Second Intifada. Since then, Palestinians have been forbidden from reopening the shops and cannot even enter their shops to remove valuable equipment. Meanwhile, Israeli settlers have systematically looted the stores, and have been using the buildings for warehouses, recreational spaces, and even as housing. 

Elad Closes Palestinian Access Road Near Sambuski Cemetary in Silwan 

Emek Shaveh reports that the Elad settler group has blocked an access road near the Sambuski cemetery in the Silwan neighborhood of East Jerusalem, a move which blocks car traffic to the Wadi Rababa area of Silwan where some 150 Palestinian families live. Palestinian residents, in partnership with Emek Shaveh, have appealed to several Israeli authoritative bodies (including the Israeli Nature and Parks Authority, the Jerusalem Municipality, and the Israeli police) to remove the boulders blocking the road, but Elad has failed to cooperate with efforts to negotiate a solution and has instead continued their work at the site. Emek Shaveh reports that the ongoing blockage of the road has led to daily friction between Palestinians and Elad employees.

The Sambuski cemetery is deeply integrated into Elad’s overarching, comprehensive plan to control the Silwan neighborhood. However, the cemetery was a relatively unknown, neglected site until recent years. In 2020, the Trump “Peace to Prosperity” plan identified the Sambuski cemetery as a place of prime historical and religious importance to Israel, elevating the status of the cemetery. The Israeli NGO Emek Shaveh – which has a special expertise on archaeology and the way archeology has been weaponized to serve the political agenda of the settlers and the state – wrote a report on exactly how the Trump “Vision” supports settler efforts to use Jerusalem’s history and antiquities to promote Israeli-Jewish hegemony and control over the city.

Emek Shaveh explains how the cemetery is connected to other settler endeavors in Silwan:

“For the Elad Foundation the cemetery is a strategic site as it links together two important focal points of its enterprise – the neighborhood of Silwan, home to the City of David archaeological park and specifically to the Pool of Siloam at the southern tip of the site, and the Hinnom Valley an area which Elad has been developing for the past two years (more below).”

This Week in Area C, Part 1: JNF Approves Purchase of Palestinian Land In Jordan Valley While High Court Weighs Petition

At the urging of the Israeli government, the Board of the Jewish National Fund (JNF) approved the allocation of $18 million for the purchase of 250 acres (1,000 dunams) of Palestinian-owned land in the Jordan Valley, land that is the subject of a petition with the High Court of Justice. 

Israel has controlled the land in question since issuing a military closure order in 1969. In the 1980s, the World Zionist Organization then allocated the land (which is privately owned by Palestinians) to settlers without any documentation of either having received control of the land from the government, or documentation allocating the land to the settlers. Since then, settlers have developed the land into profitable date farms. In 2018, several Palestinian landowners have filed a petition with the High Court of Justice to have the settlers removed from the area and the land returned to their control. In a contentious court hearing in June 2022, in which the State conceded that it does not know how or why the settlers were allocated the land in the first place, High Court Justice Esther Hayut told the State lawyer: “Given that you cannot explain how the land was given to those to whom it was given, does that give them the right to remain there forever?” 

The JNF – via its subsidiary group Himnuta, which handles West Bank transactions –  allegedly secured a deal with a Palestinian landowner to purchase the land in phases, starting with a smaller plot in 2018. Further phases of the the transaction were canceled due to criticism of the JNF’s involvement in land purchases in the occupied West Bank at the time. The deal is now back in process at the request of the Isareli Defense Ministry in order to finalize the transaction before the High Court.

This Week in Area C, Part 2: Regavim Files Petition Pushing for Immediate Demolition of Palestinian Construction in Area C

The settler group Regavim filed a petition with the Israeli High Court of Justice seeking to change operational procedures within the Civil Administration so that Palestinian construction in Area C can be immediately demolished – eliminating any chance for Palestinian landowners to challenge the demolition of their property – if it is believed to be illegal. Regavim calls it “absurd” that the Civil Administration would allow Palestinians a chance to assert their legal rights to build on land in Area C before demolition is carried out.

While settlers push for faster demolition of illegal (under Israeli law) Palestinian construction in Area C, a new piece by +972 Magazine reveals that an Israeli official who is in charge of handing out demolition orders against Palestinian buildings  in the Massaffer Yatta region, himself lives in an illegally built home in an illegally built outpost. This only furthers the clear message that settler groups are not interested in ensuring the faithful enforcement of Israeli law, but are rather interested in wielding Israeli law as a weapon to displace and replace Palestinians.

This Week in Area C, Part 3: Settlers Continue to Occupy Six Sites After Recent Attempt to Establish New Outposts En Masse

According to an op-ed by Arlene Kushner, settlers continue to ”maintain a presence” at six sites located in Area C where they are planning to establish new outposts. These are the same sites that were part of a large-scale effort two weeks ago, led by the Nahala settler movement, to establish six new outposts all at once. That effort was thwarted by Defense Minister Benny Gantz, who ordered Israeli security forces to prevent and remove settlers from the sites.

The determination of settlers to violate the law is unsurprising, in the ensuing hours after the failed operation a leader of the Nahala Movement, Daniela Weiss, told Haaretz:

“We’ll be back, of course. We’ll try to come back in a day or two. If it’s this Shabbat, I can’t say. We’re taking it one step at a time.”

Groups Petition to Cancel New Israeli-Led Archeological Dig in the West Bank Citing Legal Questions

The Israeli NGOs Haqel and Emek Shaveh report that on July 25th, an Israeli archaeologist launched a new excavation of the “Tel Tibnah” site in the Ramallah district, with sponsorship from the Israeli Bar-Ilan University. The NGOs jointly raised concerns about the political motivation behind the excavation, given “several fundamental legal and ethical issues” with the dig. The groups have called for the immediate cancellation of the excavation.

Haqel and Emek Shaveh further explain:

To the best of our knowledge, the site is situated on private and public lands of three Palestinian villages: Deir-Nisham, Beit Rima and Nebi Salah, and lies in proximity to the village of Abud. These lands are used by the local Palestinian population for agriculture and herding. In addition, within the site there is a spring that serves for drinking and irrigation. Initiating archaeological projects on privately owned land, even if these are declared as archaeological sites, demands that notification be given to the owners of these lands and their approval is required in advance. Entering private property without the permission of the owner is defined as a criminal act of incursion, even more so when conducting actions that might damage property and prevent access to the property, as is a frequent occurrence throughout the West Bank. The local residents unambiguously submitted their objection to the proposed excavations which will have a dramatic effect on their lives, impact their freedom of movement and violate their property rights. So far, this objection has not been taken into consideration.

The main question at stake is the State of Israel’s range of legitimate courses of action and that of Israeli academia. Initiation of an academic archaeological excavation serves, by nature, a scientific-academic motivation. This project does not serve an immediate necessity or mitigate against a pending danger, and does not meet the criteria as a “salvage excavation”, nor does it serve the local population living around the site. Any attempt to “govern” archaeological sites that are not within the sovereign borders of Israel is a political act and not a scientific one.

In addition, the claims of “antiquity robbery” should not justify state actions, and the political act should not be concealed as an archaeological one. The erosion of the distinction between heritage protection on the one hand and settlement and annexation on the other, threatens the future of archaeology.”

 

As FMEP has chronicled, settlers and their allies are intent on taking control of archaeological sites in the West Bank, and and seizing artifacts that are currently under Palestinian control. Settlers claim the sites are neglected and/or damaged. To that end, the settler groups known as “the Shilo Forum” and the “Shomrim al HaNetzach” (“Preservers of the Eternal”) — see background on these groups here — issued a report surveying 365 sites in the West Bank and arguing that the Palestinian Authority is moving to “erase all traces of Israel’s ancient Jewish heritage.” The accusations were in addition to allegations of neglect, mismanagement, and intentional damage. The report is part of the organizations’ campaign to push the Israeli government to assert control over these sites.

Bonus Reads

1. “Saving Masafer Yatta: The Fight Against Expulsion” (Mondoweiss)
2. “Military Rule: Testimonies of soldiers from the Civil Administration, Gaza DCL and COGAT (2011-2021)” (Breaking the Silence)
3. “Palestinian family encircled by Israeli settlement” (Al-Monitor)

 

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.

November 12, 2021

1. Settlers Secure Deal for Eventual Eviction of Another Sheikh Jarrah Family
2. Increasing Pressure on the Government, Settlers to Operationalize Plan to Increase Control Over Area C
3. JNF Stops Funding 18-Year Legal Battle Over Beit Bakri in Hebron
   
4. Demolitions in East Jerusalem Continue, Including in Al-Walaja
5. Settler Violence & Expansionism Continue to Escalate in the South Hebron Hills
6. Bennett Pledges Evyatar Outpost will be Legalized, Sparking Palestinian Ire & More Coalition Threats
7. Government Punts on Outpost Legalization Bill, Knesset Might Move Forward Anyway
8. Bonus Reads

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Settlers Secure Deal for Eventual Eviction of Another Sheikh Jarrah Family

Israel Hayom reports that a Palestinian family in the Sheikh Jarrah neighborhood has reached a Court-approved “deal” with settlers to recognize settler ownership of their home (where they have lived since 1956), in exchange for being allowed to stay as paying tenants for a period of at least ten years.  The “deal” follows the broad outline of a Court-authored compromise that was rejected last week by four other Palestinian families (the cases are separate, but not unrelated).

Israel Hayom additionally speculates:

“The compromise, which was given the force of a legal ruling in the Jerusalem Magistrates Court a few days ago, could serve as a precedent for other local Arab families and is seen as a blow to the Palestinian Authority and Hamas, which are both pressuring Arab residents of Sheikh Jarrah-Shimon HaTzadik to refuse any proposed deals to vacate the properties.”

Increasing Pressure on the Government, Settlers to Operationalize Plan to Increase Control Over Area C

In a closed meeting on November 10th, the heads of settler regional councils met to discuss their ongoing effort to get the Israeli government to annex Area C of the West Bank. According to Arutz Sheva (the settler media outlet), the meeting resulted in significant decisions that create a more unified settler operation on the matter, including the formation of a “joint command center” through which all of the councils will act together, and a commitment by all the regional leaders to form a unified front to pressure the government.

Following the meeting, the participants released a statement saying:

“This struggle is over whether we continue to exist or to fold. This is an existential battle involving the entire Nation of Israel. We are all committed towards working together in order to stop the hostile takeover of our lands and in order to preserve the future of Jewish life in Judea and Samaria.”

An op-ed published in Israel Hayom on November 11th – entitled “In Area C, the time has come to get off the fence” – seemingly making the case for such an effort, the settlement activist Sara Haetzni-Cohen writes: 

“Efrat’s dedicated residents have established their own war room. They track every brick and every bit of cement that is spilled and report it to the authorities. They know every demolition order that is issued but not enforced, and they do not give up. But the state quite simply does not exist. The Civil Administration is failing at its task and by choice…We’ve reached a stage where there is no state on which to rely on major issues. Real leadership from leaders who will get off the fence is needed. Local leadership in Judea and Samaria, whether elected or civilian organizations, must get off the fence and protect state lands, settlement lands, our homeland. It should be done intelligently, responsibly, and in a law-abiding manner. We should not resort to violence or vandalism against the Arab population, but rather go about this in a positive way, by planting trees and working the land, by showing our presence on the ground. If we will not be for ourselves, who will be for us? There simply isn’t any choice. We must get off the psychological and physical fence and defend our land.”

As a reminder, under the Oslo Accords, the West Bank was divided into 3 “areas” – Area A, B, and C – pending a permanent status Israeli-Palestinian agreement that would determine final control over all the land (an agreement that was supposed to have been reached by by May 1999). The Oslo Accords gave Israel complete control over Area C, which accounts for around 60% of the West Bank.  Throughout the 28 years since the Oslo Accords were signed (and with no peace agreement achieved or in sight), Israel has systematically denied Palestinians in Area C permits that would enable them to build “legally” (under Israeli law) on their own land. As a result, Palestinians have been forced to build without Israeli permits (i.e., “illegally” in the eyes of Israeli authorities), and Israel has responded by issuing wide-scale demolition orders and carrying out frequent demolitions. In recent years, Israel has increasingly treated Area C as indistinguishable from sovereign Israeli territory, effectively extending its laws and regulations to the area and its Israeli settler inhabitants. In parallel, settler groups – most notably the notorious “Regavim” – have lobbied Israeli authorities to crack down on “illegal” Palestinian construction, claiming that Palestinians are trying to “take over Israeli land”.

As part of these ongoing efforts — by settlers and the Israeli government — to entrench and expand Israel’s control over/de facto annexation of the entirety of Area C, in September 2020 the Israeli government allocated 20 million NIS ($6 million USD) for the newly created Settlement Affairs Ministry. That ministry was given the mission of surveying and mapping “unauthorized” (by Israel) Palestinian construction in Area C (the same construction which Israel has been aggressively demolishing). This funding further empowers a domestic Israeli body to exert extraterritorial sovereignty over Area C – in effect, treating the area as land already annexed by Israel. 

The Knesset has also repeatedly hosted forums to discuss the alleged (by settlers and their allies/advocates) “Palestinian takeover of Area C” — framing predicated on the assertion that Area C belongs to Israel (an assertion that is not supported by the Oslo Accords) and must be defended against Palestinian efforts to “steal” it. Consistent with this framing, and under pressure from various outside groups, many members of the Knesset have criticized the Israeli government’s alleged failure to robustly “defend” Israel’s rights/ interests in Area C (e.g., failure to prevent/destroy “illegal” Palestinian construction, failure to block foreign government-funded humanitarian projects that support Palestinians’ presence in the area; failure to clear out Palestinians from the area, expand settlements, and consolidate state-built settlement infrastructure; etc.).

JNF Stops Funding 18-Year Legal Battle Over Beit Bakri in Hebron

The Jerusalem Post reports that the Board of the Jewish National Fund in Israel has decided to stop funding the legal costs of a group of settlers battling to win control over a contested home in Tel Rumeida, in the heart of downtown Hebron (and to that end, forging documents). Israeli Courts have ruled against the settlers’ claim to the home twice, most recently in December 2019, in a ruling which affirmed that the Palestinian Bakri family is the rightful owner (the house is known as “Beit Bakri”).

At the request of the settlers, the JNF has agreed to pay installments on a legal guarantee to Israeli courts in order to allow the settlers to avoid eviction while pursuing an appeal against the December 2019 ruling against them. Since 2019, the JNF has paid some $35,000 (110,000 NIS) towards the case. 

The Palestinian homeowners – the Bakri family – temporarily fled their home under constant settler harassment during the Second Intifada, a time when Tel Rumeida could have been accurately described as an “urban battlefield.” While the family was gone, settlers broke into the house, damaged it, destroyed the Bakri’s property, and ultimately took up residence there.

The Bakri family has spent the past 18 years petitioning Israeli police and the courts to remove the settlers — cases the Bakri family repeatedly won. The settlers have managed to repeatedly delay their eviction by essentially exploiting every possible legal defense, no matter how absurd or contradictory. For example: At different points over the past 18 years, settlers argued in court that they had a rental agreement; that they purchased the home; that the plot of land was owned by a Jewish trust prior to 1948 and they are “reclaiming” the property; and that because they had invested so much money in improving the land since taking it over, under Ottoman Law it now legally belongs to them, regardless of the means by which they acquired it. When at one point some years ago the courts ruled that the settlers had to evacuate, the settler occupants of the Bakri home did, indeed, leave, only to be immediately replaced by other settlers — at which point the Israeli Attorney General told the Bakri family that they had to start eviction proceedings anew. For a detailed timeline of the Bakri family’s saga, see this report from Peace Now.

Throughout the course of this saga, the settlers’ effort to hold on to the Bakri home was aided by the State’s unwillingness to implement court orders against the settlers. Peace Now said in a statement:

“This is not only a matter of cruelty, deceit and theft of settlers who are not loathe to take control of assets that are not theirs, but also a matter of the lack of government accountability. For 18 years the government did not enforce the law against the invading settlers, and even assisted them and allowed them to continue to steal the house and terrorize their Palestinian neighbors in Tel Rumeida. Furthermore, it should be remembered that Hebron is under Israeli occupation and the Palestinian residents cannot remove the settlers from their homes by appealing to the Palestinian Authority. The power lies in the hands of the Israeli government, which does nothing to fulfill its responsibilities to protect abandoned Palestinian property.”

Demolitions in East Jerusalem Continue, Including in Al-Walaja

Over the past week the Israeli government has moved forward with demolitions in Palestinian neighborhoods across East Jerusalem, including:

• The demolition of three Palestinian homes in the village of Al-Walajah on November 9th. For more on Israel’s systematic campaign to demolish homes in Al-Walajah – including its refusal to approve building plans initiated by Palestinians – see FMEP’s September 9, 2021 settlement report;
• Israeli authorities delivered demolition notices to 10 Palestinian families (70 individuals) living in an apartment building in the al-Tur neighborhood. The notice ordered the families to self-demolish the four-story building within one week, or have Israeli forces demolish the building, with the cost of the demolition billed to the residents. The families reportedly began removing their belongings from the building on November 5th in anticipation of demolition;
• Under coercive Israeli policies, a Palestinian family opted to self-demolish an apartment building in the Beit Hanina neighborhood; 
• Under coercive Israeli policies, a Palestinian family opted to self-demolish its house in the Jabel al-Mukaber neighborhood.

As is always the Israeli position, the State asserts that the homes being demolished and under threat of demolition have been built by Palestinians without the required Israeli permits (often on land that even Israel recognizes they privately own). Such permits are generally all but impossible for Palestinians to obtain; in the case of al-Walajah, they are literally impossible to obtain, since the area lacks the required Israeli-approved “outline plan,” without which permits are an impossibility. Facing the reality of having Israel demolish their homes and being required to pay excessive costs and fees associated with such demolitions, Palestinians sometimes choose to self-demolish their homes.

Settler Violence & Expansionism Continues to Escalate in the South Hebron Hills

On Wednesday, November 10th a group of settlers attempting to install a campsite and graze their flocks on land near the Palestinian village of Khilet al-Daba clashed with local Palestinians, who worried that the settlers were making an attempt to take over the land – an understandable concern giving the growing phenomenal of farming outposts as a means for settlement expansion. The clashes – which took place at night after a full day of building tensions – took a violent turn when settlers set a Palestinian agricultural structure on fire. The evening ended with two Palestinians being shot by settlers with live rounds, three Palestinians wounded by settlers throwing rocks, and damage to several cars owned by Palestinians.

The land on which the settlers were grazing their flocks and attempting to install a campsite was declared to be a firing zone by the Israeli government, making it illegal for Palestinians to build there or even enter. According to Haaretz, the Israeli state has plans to evict Palestinians who live in this area (who have ostensibly lived in the area prior to it being declared by Israel to be a firing zone).

The IDF, which had been at the scene intermittently during the day, eventually sought to separate the groups by declaring the area a closed military zone. South Hebron Hills activist Basil Al-Adraa explained how this practice works to allow settlers to accomplish their goals, saying:

“The army arrived, declared it a closed military zone and kicked us out. But they didn’t kick out the settlers or take down the tent they put up today.”

The South Hebron Hills is a hotbed for settler violence, and was the scene of a settler attack – a Jewish pogrom – in September. Earlier this week, settlers from a nearby outpost – aided by the IDF –  temporarily blocked Palestinian access to a playground in the village of Susiya. In addition to settler violence, the Israeli government is also acting to significantly expand settlements and retroactively legalize outposts in the South Hebron Hills.

Notably, two U.S members of Congress – Mark Pocan (D, WI-2) and Jamaal Bowman (D, NY-16) – visited the village of Susiya in the South Hebron Hills on November 10th (prior to the outbreak of violence that night). They pair met with local Paelstinian activist where they were told of the violence settlers inflict on the local population. 

In an interview with Jewish Currents in  October 2021, Basil Al-Adraa explained how violence and land takeovers are two sides of the same coin in the South Hebron Hills,

“Settlers have long been attacking the communities here. The [Israeli] Civil Administration gives them land stolen from the Palestinians: They declared it state land so they can take it by force, for settlers to build settlements and outposts and farms. This year, the settlers have started these new sheep farms around the West Bank, where they bring volunteers to work on these farms. But the settlers aren’t content with the tens of thousands of dunams [one dunam equals 1,000 square meters] they’ve been granted: They bring their animals to our private fields, which the state can’t take from us. They bring them to our orange trees, to drink from our water systems—like the well where we collect rainwater—and to graze on our grass. And what’s been happening recently, especially since May, is they’ve been organizing big attacks on Shabbat and holidays because settlers don’t have much work to do on those days. Dozens of settlers will come masked, with hammers, machine guns, sticks, and stones. The army escorts them two or three kilometers from their settlements to our villages. They burn houses, cut down olive trees. If the army sees some Palestinian trying to defend themselves, then they will shoot at [that Palestinian] with live stun grenades, or tear gas, or rubber bullets. They use all the force. We are under army law as Palestinians in Area C, but the settlers are under civilian law, so the soldiers in the area can’t deal with the settlers, who are under the jurisdiction of the police. But the police take three or four hours to come, only after the attacks have finished. In my community, al-Tuwani, there have been at least seven organized attacks. A lot of people look at these as [isolated] incidents, and this time, there was more media attention to the issue because there was a three-year-old child who was wounded. But it’s part of a policy, in which settlers and the Israeli army don’t want us to feel safe where we live. Like the home demolitions, the blocking of roads, the cutting water and electricity networks, it’s all leading to one goal: They want to kick us out of this land, out of Area C toward Area A [areas under Palestinian administrative and police control, like Ramallah]. But our land is here, our life is here.”

Bennett Pledges Evyatar Outpost will be Legalized, Sparking Palestinian Ire & More Coalition Threats

In a press conference on November 7th, Prime Minister Bennet affirmed his commitment to granting retroactive legalization to the unauthorized outpost of Evyatar – which was built on a strategic hilltop named Mount Sabih, located just south of Nablus on land historically belonging to nearby Palestinian villages Beita, Yatma, and Qablan. Even before Bennett’s most recent statement, several members of his fragile coalition have spoken out to insist that the reestablishment of Evyatar is a redline that, if crossed, could bring down the coalition (FMEP covered a few such statements two weeks ago). In the wake of Bennett’s press conference, more continued to do so, which only adds to the growing public fracture in the coalition over outposts and settlement building more broadly.

Public Security Minister Bar Lev (Labor) pledged to block the legalization of Evyatar, said this week:

“There are enough ways to dissolve this agreement. The Evyatar community [outpost] was illegal and illegal communities should be evacuated.”

The Mayor of Beita predicts that Bennett’s pledge to legalize the outpost (coupled with the end of the olive harvest season, which consumed protestors’ time elsewhere) will spark renewed energy in Palestinian-led protests in the town of Beita. Since settlers struck a deal with the government to temporarily vacate the outpost back in July 2021, Palestinians have staged regular protests against Evyatar outpost, and against the continue denial of access to the land on which the outposts continues to exist (the area is a closed military zone, where Palestinians are denied the ability to access). The protests over the summer were particularly violent, resulting in the killing of at least five Palestinian protestors by Israeli soldiers.

An organizer of the protests, Amal Bani Shamseh, told The New Arab:

“the people in Beita can not stand the idea of a single settler moving back to Mount Sabih and are willing to intensify protests, and women are the first to affirm it.”

As a reminder, the fate of the Evyatar outpost was the first controversy that threatened to divide the fragile Bennett-led government when it was sworn in. Bennet’s partners were bitterly divided on whether to evacuate the outpost or let it be, while the government sought to grant it retroactive legalization. In the end, the government reached a “deal” which saw the settlers (temporarily) vacate the outpost on Friday, July 2nd. In return, the government left the settlers’ illegal construction at the site in place (i.e., did not demolish it) — including buildings and roads —  while it “examines” the status of the land to see if it can be declared “state land” and therefore “legally” turned into a settlement (opening the door for the settlers to return). Under the agreement, the outpost is being used as a military base in the interim. 

The fact that the “compromise” left in place the settlers’ structures and allowed Israel to maintain complete control over the site during the “survey” process signalled from the start that the government is not concerned with enforcing Israeli law, but rather is focused on finding a political solution that works for the settlers. It was further clear from the terms of the “compromise” that the Bennet government believed it will be succeed in finding a pretext to assert that the land on which the outpost stands is “state land” which can be used by the state as it sees fit (i.e., give it to the settlers). If the state decides, pursuant to the investigation, that it has a basis on which to declare the site to be “state land,” the settlers will be allowed to return and resume the establishment of what would from that point no longer be an illegal outpost, but a new “legal” settlement. 

Government Punts on Outpost Legalization Bill, Knesset Might Move Forward Anyway

The Jerusalem Post reports that the Ministerial Committee on Legislation has decided to delay by four months its decision on whether to grant government backing to a bill that would grant retroactive authorization (i.e., legalize) nearly 70 West Bank settlement outposts that Israel has failed to find any other way to legalize (because they are built on land even Israel recognizes is privately owned by Palestinians). As a reminder, the Ministerial Committee on Legislation is composed of government Ministers, and decides whether or not the governing coalition will throw its support behind a bill in the Knesset – ensuring either its passage or defeat.

In response to this news, MK Orit Struck (Religious Zionist Party) — who is also a longtime Hebron settlement leader — said that she intends to bring the bill to the Knesset for an initial reading despite lacking government-backing. Struck believes a strong majority of Knesset Members, regardless of the government’s position, will support the bill. Members of the Knesset attempted to fast-track the passage of this same bill in May 2021, while Bennett and Lapid were in negotiations to form the current governing coalition. 

The bill introduced in May 2021 included an explanatory text claiming that the proposed law is in line with a decision the Security Cabinet took in 2017, when it tasked a new committee – headed by notorious settler leader Pinchas Wallerstein – to prepare individualized plans for each outpost to gain retroactive legalization based on the passage of the Regulation Law and the recommendations in the Zandberg Report. Bills similar to this have been filed several times in the past, and the Israeli government has debated granting retroactive authorization to the outposts via a government decision – and came close to doing so in the waning days of the Trump Administration.

Bonus Reads

1. “Israeli Settlers Escalate Violence in West Bank” (Foreign Policy)
2. “Nearly 20 years on, Israeli barrier shapes Palestinian lives” (AP)
3. “Far-right protestors clash with cops in Jerusalem over settler teen’s death” (The Times of Israel)
4. “They should have been lawyers. Instead they’re at Israeli construction sites” (Basil al-Adraa in +972 Magazine)
5. “How the Occupation Harms Not Only the Palestinians, but the Planet Too” (Haaretz)
6. “Palestinians say no to work in settlements” (Al-Monitor)

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

August. 6, 2021

1. Sheikh Jarrah, Part 1: Court Proposes Settler-friendly “Compromise” to Avoid Substantive Ruling on Sheikh Jarrah Dispossession Cases
2. Sheikh Jarrah, Part 2: Israel Reportedly Asks Biden Administration to Pressure Palestinians Into Accepting Sheikh Jarrah “Deal”
3. Israel Housing Ministry Moves to Advance Atarot Settlement Plan
4. Report: Jewish National Fund to Approve “Review” of West Bank Land/Property it Claims to Own but Not Have Registered
5. New Petition Against Construction on Top of Ruins of Lifta
6. Members of Congress Seek Codify Trump’s Green Line-Erasing Labeling Policy Into Law
   
7. Bonus Reads

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Sheikh Jarrah, Part 1: Court Proposes Settler-friendly “Compromise” to Avoid Substantive Ruling on Sheikh Jarrah Dispossession Cases

At a hearing held on Monday August 2nd, the three-judge panel of the Israeli Supreme Court proposed a “compromise” to resolve the cases of pending evictions of four Palestinian families from their longtime homes in the East Jerusalem neighborhood of Sheikh Jarrah. The compromise — which appears designed above all else to enable the Court to avoid issuing a ruling on the substance of the case — would enable the Palestinians in the targeted homes to avoid displacement for the time being, while offering settlers formal recognition of their ownership of the properties in question (and turning the Palestinians into tenants paying rent to a settler organization that has made clear its intention to displace them). Moreover, if implemented, the “compromise” would almost certainly become a precedent for the cases of the many other Palestinians in Sheikh Jarrah and Silwan (and almost certainly elsewhere in the future) whose homes/presence is targeted by settlers.

Specifically, under the deal proposed by the Court, the four Palestinian families fighting imminent forcible displacement from their longtime homes in the Sheikh Jarrah (the El Kurd, Jaouni, Abu Hasna, and Askafi families) would be required to recognize the settlers as the rightful owners of the land their homes are built on. In exchange for this recognition — in effect, a repudiation of claims to their own rights to the property — the Palestinians would be designated as “protected tenants,” which would enable the families to continue to live in their homes for 2 generations (protected tenancy rights may be handed down to the children and grandchildren, but not further), so long as the Palestinians pay the required rent to settlers (set at 1,500 shekels a year) and do not otherwise violate the rules of protected tenancy.

The four families swiftly rejected the proposal – which Mohammed El-Kurd observed, accurately, would leave them “at the mercy of settlers, paying rent to live in our own homes.” Despite  this rejection, the Court announced that it intends to continue pursuing the “deal” (while applying pressure on the families to accept it). To that end, the four families were asked to submit a list of individuals who might be eligible to receive protected tenancy rights.

Ir Amim explains not only the trap of protected tenancy rights, but also the larger concerns about how the Court is behaving, writing:

“While protected tenancy offers some assurances against arbitrary eviction, the law still allows for the eviction of protected tenants through a variety of means. Settler organizations are currently using these mechanisms in order to try and evict protected Palestinian tenants in other cases. Alternatively, the settler group could advance an urban renewal building plan, which would ultimately result in the eviction and demolition of the families’ homes. In such a case, the families would be eligible for alternative housing elsewhere, but would lose their community and the homes in which they were living for decades and to which they are strongly tied. Indeed, settler leaders have already applauded the court’s proposal calling it a victory.

Additionally, protected tenancy status will mean, in essence, that the families are not recognized as the owners of their homes. The significance is both symbolic and practical since it means that the families would lose all opportunity to claim ownership in the future – for example when the Israeli Government conducts a land registration process in the neighborhood. Past experience shows that regardless of any phrasing which may be used in an attempt to circumvent recognition of settler ownership, the declaration of protected tenants may be used against future claims by the families. 

The judges’ resolve to push for a settlement indicates their reticence in issuing a substantive ruling which would obligate them to rule against the settler group and the discriminatory legal mechanism which grants Palestinian property to Jews. Such a settlement likewise enables the Israeli government to abdicate responsibility for these measures. 

A fair proposal can only be one that is in accordance with International Law and its basic premise of protecting the occupied population and its right to property, family, and community life.  This basic principle must not be forgotten as the Israeli government is trying to evade the strong pressure which the protests against the Sheikh Jarrah evictions have succeeded in creating.”

Sheikh Jarrah, Part 2: Israel Reportedly Asks Biden Administration to Pressure Palestinians Into Accepting Sheikh Jarrah “Deal”

Haaretz reports that the Israeli government has asked the Biden Administration to pressure the four Palestinian families facing forcible dispalcement from their homes in Sheikh Jarrah into accepting the deal offered by the Supreme Court (see section above for details on the Supreme Court’s “deal”). The families rejected the deal immediately upon presentation, based on their refusal to legitimize settler claims of ownership over their homes.

Haaretz further reported that officials in the Biden Administration is not jumping to implement the Israeli request, but is keeping a close eye on the case. When asked about these  reports at a State Department briefing on August 5th, spokesperson Ned Price responded:

“Well, as you know, we don’t speak to any diplomatic or private conversations, but what I can say is that we believe that the proposal offered by the Israeli court on August 2nd is a matter for the Israeli and Palestinian parties to the case to consider and to decide for themselves. We’ve said this just this week and many times before that: families should not be evicted from their homes in which they have lived for decades. We have encouraged Israeli authorities to avoid evictions and other actions that exacerbate tensions and that undercut efforts to advance a negotiated two-state solution...Look, we’re not going to comment or comment on or confirm reports of diplomatic conversations. What we have said as it relates to this – we have both in public and in private encouraged Israeli authorities to avoid evictions and other actions that exacerbate tensions and undercut efforts to advance negotiated two-state solution.”

Reporting around the Court’s and the Israeli government’s efforts to secure Palestinian agreement on the Sheikh Jarrah “compromise” makes clear that this deal is seen by the Court and the government as a solution that can (a) placate the international community, by avoiding immediate evictions; (b) deliver a huge victory to the settlement enterprise in East Jerusalem by creating a legal precedent for settlers to take ownership – and, eventually, possession – of a large number of homes/properties across East Jerusalem); and (c) bolster the Israeli narrative that what is happening in East Jerusalem is merely a real estate dispute, while rebutting claims that Israeli rule in East Jerusalem involves occupation/apartheid policies that systematically dispossess and disenfranchise Palestinians, while in parallel promoting the interests and aspirations of settlers.”

Haaretz columnist Nir Hasson wrote:

“In the end, the Sheikh Jarrah legal battle revolves around one question. Is it simply a real estate dispute, as the settlers assert, or is it part of a campaign by the state – its official arms (the custodian general, Land Registry, the Israel Police) and its unofficial ones (the Nahalat Shimon Company) to dispossess the Palestinians and Judaize the neighborhood? If it’s the latter, it’s a campaign based on discrimination and unjust laws. Needless to say, for the rest of the world, apart from Israel, the Palestinian viewpoint is the one that is accepted; the view that it’s a private dispute is rejected. The three justices struggled to decide where the court stood on this question. On the one hand, they are clearly not happy reopening a discussion on the legal substance of the affair. On the other, they also very much do not want to order the eviction of hundreds of people from their homes – at least not now, when Sheikh Jarrah is the focus of media and diplomatic attention.”

Israel Housing Ministry Moves to Advance Atarot Settlement Plan

The Walla news outlet reports that the Israeli Housing Ministry has placed the Atarot settlement plan on the agenda for the Jerusalem District Planning and Building Committee, which is scheduled to convene in December 2021. The plan for the Atarot settlement – which calls for 9,000 units to be built on the site of the former Qalandiya airport (located at the northern tip of East Jerusalem) – is at an early stage in the approval process. 

According to the Times of Israel, Prime Minister Bennett was not notified in advance of the Ministry’s move – which is surprising given the sensitivity of the plan (which is opposed by the international community and strikes a deadly blow to the prospects of a two-state solution). Bennet is scheduled to head to Washington, D.C. soon – a trip originally scheduled for August, but now delayed until September.

The Atarot settlement plan dates back to 2007. It was pursued by the Israeli government in 2012 but shelved under pressure from the Obama administration. The plan came back into consideration in April 2017 (a few months following the inauguration of President Trump) when it was rumored to be included on Netanyahu’s master blueprint of settlements for which he was seeking U.S. approval. In February 2020, following the publication of the Trump Plan – which designated the area that would be used for the settlement as a “special tourist zone” for Palestinians –  the Atarot settlement plan was formally introduced. In January 2021 then-Prime Minister Netanyahu dangled the advancement of the plan as an incentive for parties to join his flagging coalition in order to remain in power. At the time, Jerusalem expert Daniel Seidemann noted that the plan faces significant legal obstacles and predicted that it will not come to fruition “anytime soon.”

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.

There are currently 15 Palestinian families living in buildings on the land slated for the settlement, part of which is privately owned by Palestinians. Other land in the area has been declared “state land” by Israel or belongs to the Jewish National Fund. To solve the problem of Palestinian land owners, the Israeli government will need to evict the Palestinians living there and demolish their homes — a step that will be facilitated by the fact that all of the homes lack Israeli-issued building permits (which are essentially impossible for Palestinians to receive). The private Palestinian landowners will then be subjected to a non-consensual process of “reparcelization,” in which Israel will unilaterally reparcel and then redistribute the land amongst its owners on the basis of the value of the land (as determined by Israel) and the percentage of their ownership claim.

 The Atarot airport site is an important commodity and, during past negotiations, it was promised to the Palestinians for their state’s future international gateway. Israeli development of the site as a settlement would — by design — not only deprive a future Palestinian state of the only airport in a Palestinian area, but also dismember Palestinian neighborhoods in the northern part of the Jerusalem, and sever East Jerusalem from a Palestinian state on this northern flank of the city (acting like E-1 on Jerusalem’s northeast flank, and like Givat Hamatos on Jerusalem’s southern flank).

Report: Jewish National Fund to Approve “Review” of West Bank Land/Property it Claims to Own but Not Have Registered

Haaretz reports that the Board of Directors of the Jewish National Fund is set to approve an institutional review of approximately 17,000 assets it claims to own but failed to register  (or take possession of) in the West Bank and East Jerusalem. Many of these properties are Palestinian homes, whose residents the JNF refers to as “squatters”. The JNF’s legal review could reportedly take five years to complete, and could result in the eviction of Palestinians if the JNF is found by Israel to rightfully own the land (given the track record of Israeli courts with respect to property disputes between Israeli organizations and Palestinains, such a finding is a near certainty), is then permitted to register the land, and then chooses to pursue the eviction of those Palestinians.

Of the total (17,000 assets), the JNF claims:

• It has documentation showing the purchase of 360 properties.
• It has a contract proving ownership of 170 properties
• It has legal claim to 2,050 plot currently under the control of Israel’s General Custodian (the body set up by the Israeli government to take control of land and properties “abandoned” by Palestinians in the 1948 war).

Peace Now said in response:

“The Jewish National Fund is becoming the Settlers’ National Fund. The registration procedures in the Occupied Territories and in East Jerusalem could bring to massive dispossession of Palestinians, like in Sheikh Jarrah and Silwan, and expansion of the settlements. The JNF- KKL is a national institution for the entire Jewish people which should not serve one side of the political map as it puts facts on the ground that endanger the state of Israel. We call upon all the organizations which are party to the JNF- KKL board, including Maccabi, Hadassah and Naamat and others: don’t be political organizations, don’t let your representatives vote for deepening the occupation and the settlements.”

As a reminder, established in 1901, the JNF devoted itself to buying land for Jews. Today, the JNF owns about 15% of all the land inside the Green Line (a figure which stands to increase if the review process leads to more properties being registered to the JNF). In addition, the JNF has used two subsidiary companies – both called Himanuta – to purchase land in the West Bank, even though the stated JNF policy (until now) did not support such purchases. Peace Now reports that the JNF, via Himanuta, has already purchased over 160,000 acres (65,000 dunams) across the West Bank; settlements established on some of those lands include Itamar, Alfei Menashe, Einav, Kedumim, Givat Ze’ev, Metzadot Yehuda (Beit Yatir), Otniel and more. At the same time, the JNF and the settler group Elad have been partnering together to pursue the mass eviction of Palestinians from East Jerusalem neighborhoods, including Silwan.

New Petition Against Construction on the Ruins of Lifta

On August 4th, a new petition was submitted to the Jerusalem Administrative Court challenging the issuance of a tender for construction on the ruins of the Palestinian neighborhood of Lifta in West Jerusalem. The tender was issued for 259 luxury housing units, commercial buildings, and a hotel. The petition was submitted by Adv. Dr. Sami Arshid on behalf of refugees from Lifta  and experts/activists who have been protesting for the conservation of the site, which is on the UNESCO Tentative List of World Heritage Sites.

The Israeli NGO Emek Shaveh writes that the petition was submitted with three expert opinions, one from a civil engineer, a second from an ecologist, and a third written by a team of five architects and conservation planners. All of these opinions object to the construction plan. 

While FMEP’s settlement and annexation report focuses on settlement building in areas located over the 1967 Green Line, the story of Lifta – and of other Palestinian villages forcibly depopulated by Israeli forces in the 1948 – is another facet of the Israeli government’s policy of erasure of Palestinians via the establishment of Jewish Israeli communities. You can read one Palestinian’s account of forced her forced displacement from Lifta, here.

Members of Congress Seek Codify Trump’s Green Line-Erasing Labeling Policy Into Law

On July 27th, U.S. Senator Tom Cotton (R-AR) and 5 Republican colleagues introduced a bill to “require the maintenance of the country of origin markings for imported goods produced in the West Bank or Gaza, and for other purposes.” Under this legislation, products made in the West Bank and Gaza would be legally required to be labelled “Made in Israel” for the purposes of importing to the United States. 

In a tweet following the introduction of the bill, which has been referred  to committee, Sen. Cotton released a statement  and tweeted:

“Left-wing activists abuse county-of-origin labels in order to stigmatize products made in Israel. Our bill will defend the integrity of the Jewish State by ensuring that Israeli products may proudly bear the label ‘Made in Israel’ 

As a reminder, in the waning months of the Trump Administration, then-Secretary of State Mike Pompeo announced new U.S. guidelines that require products made in all areas under Israeli control to be labelled as “Made in Israel” (or iterations thereof) when being exported to the U.S. This was a massive and highly consequential shift in U.S. policy, boiling down to U.S. recognition of Israeli sovereignty not only over settlements (as the Trump Administration has previously done) but over all of Area C – some 60% of the West Bank), irrespective of whether or not Israel officially annexes the land. This Trump-era labeling policy remains in effect today, as the Biden Administration has not publicly reversed it. Notably, this policy – as laid out by Pompeo – would in principle require even Palestinian-made goods originating from villages in Area C to be labelled as “Made in Israel”. Roughly 150,000 Palestinians live in Area C, where they are subjected to an escalating Israeli campaign to make life untenable for them via discriminatory planning policies and demolitions. 

For more, please see (and subscribe to receive) Lara Friedman’s weekly legislative roundup.

Bonus Reads

1. “Why we went to the UN Security Council about East Jerusalem” (The Times of Israel // Yudith Oppenheimer of Ir Amim)
2. “Ted Cruz blocks bill advancing Israel-Arab normalization, citing pressure on Israel to reach two-state solution” (JTA)
3. “WATCH: Settler grabs Israeli soldier’s weapon, fires at Palestinians” (+972 Magazine)

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

July 23, 2021

1. Ben & Jerry’s Announces End of Ice Cream Sales in Settlements
2. Report: Bennett Agreed to Delay Settlement Approvals at U.S. Request
3. Israeli Lawyers Prepare Amicus Brief Opposing Sheikh Jarrah Displacement
4. State Delays “Relocation” of Khan Al-Ahmar Community Until September 5th
5. High Court Green-lights State Sponsorship of Illicit Settlement Activities via Amana Settler Org
6. New Docs Show the Israeli Government Uses the JNF to Take Control of West Bank Land for Settlements, & How the JNF Uses a Subsidiary to Hide Deals
7. Israeli Consumer Authority Refuses Request for Proper Labelling of Settlement Products
8. Coalition of Palestinian Orgs Launches Campaign for Revocation of U.S. Charitable Designation for Settlement Groups
9. Senior Israeli Government Official Lives in Settlement Under Demolition Order
10. Testimonies Show Israeli IDF Complicity in Settler Violence
11. Bonus Reads

Comments or questions? Email Kristin McCarthy – kmccarthy@fmep.org.

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Ben & Jerry’s Announces End of Ice Cream Sales in Settlements

Ben & Jerry’s ice cream company has announced that it will not renew the license of its Israeli franchisee because that franchisee refuses to stop operating in settlements. Ben & Jerry’s linked this decision to the illegality of settlements, saying in a statement:

“We believe it is inconsistent with our values for Ben & Jerry’s ice cream to be sold in the Occupied Palestinian Territory (OPT). We also hear and recognize the concerns shared with us by our fans and trusted partners. We have a longstanding partnership with our licensee, who manufactures Ben & Jerry’s ice cream in Israel and distributes it in the region. We have been working to change this, and so we have informed our licensee that we will not renew the license agreement when it expires at the end of next year. Although Ben & Jerry’s will no longer be sold in the OPT, we will stay in Israel through a different arrangement. We will share an update on this as soon as we’re ready.”

Ben & Jerry’s decision to stop selling ice cream in the settlements – which are illegal under international law and have been shown by human rights organizations like Human Rights Watch and Amnesty International to be at the core of violations of Palestinian rights – has received an inordinate amount of attention from the media and from the Israeli government.

Quickly following the announcement that Ben and Jerry’s was exiting the settlements, pro-Israel allies in the U.S. expressed outrage and threatened legal repercussions under state anti-BDS laws. The U.S. State Department also expressed its disagreement with Ben & Jerry’s policy decision – and its outright opposition to, and commitment to combating, BDS targeting Israel and/or Israeli settlements. During a briefing, Spokesman Ned Price said:

“Our position on BDS has been clear. This is not something that we need to review. Again, the BDS movement unfairly singles out Israel… [the U.S.] will be a strong partner in fighting efforts around the world that potentially seek to delegitimize Israel [in a way that is] consistent with the First Amendment rights of the American people.”

Report: Bennett Agreed to Delay Settlement Approvals at U.S. Request

Israel Hayom reports that Prime Minister Naftali Bennett has agreed – at the request of the Biden Administration – to for the time being freeze construction approvals for new settlement units. The outlet reports that over the past month Bennett has prevented the Civil Administration’s High Planning Council from scheduling a meeting in which it could advance settlement construction plans. 

The report has drawn criticism from within Naftali Bennet’s inner circle, with Interior Minister Ayelet Shaked threatening to leave the governing coalition – which cannot survive without her – if Bennett in fact agreed to a settlement freeze. Shaked told the press:

“If the government does something that is ideologically serious in my view, we will not be a part of it. For example, if the US administration demands a freeze in Judea and Samaria — there will be no government.”

In response to a question at a State Department press briefing about reports that the U.S. is pressuring the Bennett government to curb settlements, U.S. Department of State Spokesperson Ned Price did not confirm or deny the reports. Instead he merely reiterated the Biden Administration’s standard response to questions related to Israeli settlements, saying: 

“When it comes to settlement activity, we have also been clear and consistent on that. We believe it’s critical to refrain from unilateral steps that increase tensions and make it more difficult to advance a negotiated two-state solution. This is a message we have conveyed in public, as I have just now, but also in private. And it has been the longstanding position, certainly the position of this administration and had been a longstanding position of prior administrations.”

Israeli Lawyers Prepare Amicus Brief Opposing Sheikh Jarrah Displacement

Peace Now has assembled a group of prominent Israeli legal authorities to prepare and submit an amicus brief arguing to the Israeli High Court that Palestinians living under the threat of forced displacement in Sheikh Jarrah should not be evicted by the state in favor of settlers. The brief – which deals with the spefic case of the Duweik family but can be applied broadly to other pending displacement cases in Sheikh Jarrah and Silwan – asserts that the Palestinian residents as long-term tenants the Palestinians have accumulated property rights to their homes and should not be evicted. 

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.”

Peace Now said in a statement about the amicus brief:

“There’s an elephant in the room, and the lofty legal debate in the Sheikh Jarrah and Batan al-Hawa eviction cases ignores it, producing a legal distortion and an egregious injustice. This is not just another real estate dispute between equal parties. This is an organized, programmatic effort, with ample governmental support, to dispossess hundreds of Palestinians from their homes and replace them with settlers. This amicus curiae brief can help the court see the bigger picture, deliver justice and avert the iniquity.”

Michael Sfard, one of the authors of the brief, said:

“For years, judges have been considering the eviction cases in East Jerusalem under the assumption that they involve a dispute between a landlord and a tenant and therefore, proof of ownership on the part of the settlers necessarily triggers a countdown to eviction. The brief reintroduces the context of the legal proceeding – dispossession by the stronger, dominant group against a vulnerable, discriminated community whose members, in some cases, entered the properties for lack of choice and always according to the applicable laws and with a legitimate expectation that the property will be their permanent home. I hope the court takes the opportunity provided by the brief to bolster and defend the occupants’ right to continue living in their homes – a right acknowledged by international human rights law.”

State Delays “Relocation” of Khan Al-Ahmar Community Until September 5th

According to reports, Israeli Prime Minister Naftali Bennett will soon decide whether to move forward with a deal negotiated by his predecessor for the “relocation” of the Khan Al-Ahmar bedouin community. Reportedly, the terms of the deal would see the Khan Al-Ahmar community agree to their relocation in exchange for Israeli residency.  Under the reported terms of the agreement, the community would be allowed to re-establish their community several miles east of their current homes – at an empty site near Abu Dis. In expectation of that transfer, the government of Israel has already connected the area to water, electricity, and sewage.

Though the High Court had previously set July 2021 for the demolition and forcible relocation of Khan al-Ahmar, alternate Prime Minister and current Foreign Minister Yair Lapid requested an extension in order to give the new government time to review the deal which was negotiated under the Netanyahu government, and decide whether to move forward with it. Calling the decision a “sensitive issue,” Lapid asked the Court for additional time “to examine the necessary conditions for the evacuation of the outpost and to conduct a significant and in-depth inquiry of all the legal and international consequences of the move.” The Court subsequently gave the government an additional six weeks – until September 5th – to make up its mind.  

It must be noted that, if reports are correct, Khan al-Ahmar leaders signed the deal to be removed from their longtime lands after prolonged coercive circumstances. Previous allegations regarding the nature of the Khan al-Ahmar relocation – specifically B’Tselem’s accusation that it is tantamount to a war crime – have not necessarily been assuaged by the community’s agreement. Since the 1950s – when the community was forced to leave their land in the Negev during the 1948 war – the Khan al-Ahmar bedouin community has lived and worked the lands located just east of Jerusalem, in the shadow of the land marked for the construction of the E-1 settlement (which is once again in the headlines).

The settler group Regavim – which petitioned the Court to force the government to demolish Khan al-Ahmar last year, in the midst of a global pandemic – is upset that the demolition has once again been delayed. In response, the organization issued a statement saying:

“Lapid’s announcement is a political move intended to signal to Bennett and his partners that none of their election promises can be fulfilled. Not in the Negev, not in the Galilee, and not in Khan al-Ahmar.” [Regavim called on Bennett] “to show who’s in charge. We call on you to evacuate Khan al-Ahmar immediately!”

Jerusalem expert Danny Seidemann has previously written:

“the story of Khan Al-Ahmar is not only about the tragedy for the village and its inhabitants, or about Israel’s readiness to carry out an ostensible war crime in the face of the world. It is also about Israel’s determination to clear the entire area of the West Bank east of Jerusalem, and located within the line of the built and planned barrier, of any Palestinian presence. This clearing will prepare the ground for the future construction of E1 and de facto annexation of this so-called bloc, which extends well beyond the built-up area of Maale Adumim.”

High Court Green-lights State Sponsorship of Illicit Settlement Activities via Amana Settler Org

On July 18th, the Israeli High Court of Justice dismissed a petition filed in 2019 by Peace Now that sought to stop the transfer of state funds to the Amana settler group, which regularly drives unauthorized (i.e. illegal even under Israeli domestic law) settlement activity. In its ruling, the Court did not reckon with the fundamental problem of allowing state funds to finance illegal activities, but instead ruled on a procedural point that the State (specifically settler municipal councils) is only permitted to fund public institutions – and the Court determined that Amana meets the criteria to be deemed a public institution.

One High Court justice, Menahem Mazuz, issued a minority opinion dissenting from the Court’s ruling. Mazuz said that in his opinion Amana should not be eligible to receive state funds because Amana, though it voluntarily operates on a non-profit basis, is not actually a registered non-profit (it is a cooperative association) and is therefore not subject to the same legal requirements of transparency and supervision.

At the time of filing the underlying petition against state funding for Amana, Peace Now wrote:

“Amana and the regional councils in the territories have established a sophisticated mechanism to exploit the public coffers for illegal activity and to create facts on the ground. There is no limit to the chutzpah of the settlement heads. On one hand, they build outposts, with far-reaching diplomatic consequences, with public funds, and on the other hand, they cry to the government and ask for their criminality ==to be retroactively legalized. What a responsible and fair government needs to do is shut the spigot to Amana and immediately evacuate the illegal outposts.” And, “the regional councils and Amana go to great efforts to hide the information about their financial sources and illegal activities. Even with the legal process in Peace Now’s petition against granting support money to Amana, the councils have refused to provide basic information on the amount of funds transferred to Amana and their use. Amana received tens of millions of shekels from the regional councils every year, and the information received about the activities in Gush Etzion in 2018 and 2019 is just the tip of the iceberg. Peace Now uncovered the mechanism behind the illegal outposts in its “Unraveling the Mechanism behind Illegal Outposts” report which describes the operation by local authorities in the West Bank, together with Amana and the Settlement Division, to support illegal outposts and construction in the settlements, but not all financial sources have been clarified. The support by the Gush Etzion Regional Council is only a small part of Amana’s multi-million shekels operation in this illegal activity, with far-reaching ramifications for Israel’s future.”

New Docs Show the Israeli Government Uses the JNF to Take Control of West Bank Land for Settlements, & How the JNF Uses a Subsidiary to Hide Deals

Haaretz has revealed new documents that show the Israeli Defense Ministry directed the Jewish National Fund (JNF) to purchase privately owned Palestinian land in the West Bank in order to expand settlements and retroactively legalize outposts. In some of the cases, certain JNF staff and the JNF’s subsidiary called Himunata acted to conceal the land purchases from the JNF’s Board of Directors. What’s more, with respect to a series of deals between 2018-2019, various irregularities call into question the validity of the land acquisitions.

According to Haaretz, the JNF’s board of directors has not yet reviewed or discussed the two reports, One report – the Yahav Report (written in 2020) – covers the land purchases in question. The second report – the Lamberger Report – details the lengths to which Himunata and its co-conspirators went to in order to hide the transactions from the JNF staff and Board of Directors. 

The JNF’s active involvement in the settlement enterprise is not new, but the direct line between the government and the JNF in conspiring to find means by which to take possession of privately owned land that the government has not found other means by which to seize (and reminder: the Israeli government is very inventive and persistent in finding means by which to seize privately owned Palestinian land) is shocking, and new – showing the extent to which the government is supportive of settlement and outpost growth. 

Israeli Consumer Authority Refuses Request for Proper Labelling of Settlement Products

In response to a request made by the nonprofit organization Combatants for Peace, Israel’s consumer protection agency has said it cannot mandate that manufacturers based in the settlements label their products as settlement products instead of using the misleading “Made in Israel” label. The reason given by the agency’s lawyer: the agency does not have the authority to declare that the locations in settlements are “not in the country of ‘Israel’.” 

Eitay Mack, the lawyer representing Combatant for Peace, said:

“Not consuming products from the Israeli settlements and outposts in the West Bank is no different from not consuming animal products, or consuming only organic products and free-range eggs, or consuming kosher or non-kosher products, all of which can result from reasons of conscience, religion, ideology or the politics of a citizen of the State of Israel. The misleading labeling of products from the Israeli settlements and outposts as Made in Israel creates unfair competition toward those same Israelis who genuinely (despite the difficulties involved in it) devote their lives to manufacturing within [the borders] of the State of Israel.”

The consumer protection agency has now waded into an ongoing legal effort led by activists across the world to insist upon a product labelling regime that accurately labels settlement products. This effort is pushing against the ongoing campaign by the Israeli government and its allies to erase the Green Line and assert sovereignty – de facto and increasingly, for all intents and purpose, de jure annexation – over the settlements. 

A centerpiece of this battle is the case of the Psagot Winery, which has been a willing legal test case for the Israeli government’s efforts. In the waning months of the Trump Administration, the Psagot case was delivered a major victory when then-Secretary of State Mike Pompeo announced new U.S. guidelines that require products made in all areas under Israeli control to be labelled as “Made in Israel” (or iterations thereof) when being exported to the U.S. 

This massive and highly consequential shift in U.S. policy, which offers recognition of Israeli sovereignty not only over settlements (as the Trump Administration has previously done) but over all of Area C – some 60% of the West Bank,  was – remains U.S. policy today, as the Biden Administration has not publicly reversed it. Notably, this policy, if focused on territory rather than on people, would in principle require even Palestinian-made goods originating from villages in Area C to be labelled as “Made in Israel”. Roughly 150,000 Palestinians live in Area C, where they are subjected to an escalating Israeli campaign to make life untenable for them via discriminatory planning policies and demolitions. 

Coalition of Palestinian Orgs Launches Campaign for Revocation of U.S. Charitable Designation for Settlement Groups

A group of 150 Palestinian organizations, village councils, and activists have launched a campaign urging Americans to press the U.S. government to revoke the charitable designations of U.S.-based groups that finance Israeli settlement organizations. Since many of these organizations – including Elad, Israel Land Fund, and Ateret Cohanim – have fundraising arms based in New York, the campaign asks supporters to appeal to New York Attorney General Letitia James to revoke the licenses.

Sami Huraini, a Palestinian activist with Youth of Sumud, told WAFA:

“Israeli settler organizations have funneled US charitable money into a political campaign of displacement. Right now, over 100 homes and some 1,500 Palestinians in Silwan are facing displacement in favor of a theme park run on Palestinian lands by the settler organization Elad. Clearly, this is not the intended outcome of US charitable tax law.”

Hisham Sharabati of the Hebron Defense Committee told WAFA:

“Other campaigns seeking to challenge the flow of US charitable money have targeted the IRS and their complaints have been left unanswered by bureaucrats. This campaign is fundamentally different. Since US charities must maintain a 501(c)(3) status at the state level, the campaign targets one elected official who can be held accountable by her constituents – in this case, New York Attorney General Letitia James.”

 Lara Kilani, Advocacy Officer of the Good Shepherd Collective, told WAFA: 

“We can see the interest in joint struggle growing. The mobilization we saw in May to speak out against the eviction of families in Sheikh Jarrah and Israel’s bombing of Gazans illustrates that people want to be in solidarity with Palestinians. We’re offering a campaign that can advance liberation in real ways across movements. White supremacist groups like New Century Foundation exploit US charitable laws to finance violence against Black and Brown communities. If the New York Attorney General enforces the existing laws, it can help us cut the funding for these racist organizations.”

Senior Israeli Government Official Lives in Settlement Under Demolition Order

Newly published documents confirm that the Director-General of the Israeli Interior Ministry, Yair Hirsch, lives in an outpost (Kida) that is currently under demolition order because it was built without building permits. The documents were released thanks to a freedom of information request submitted by the anti-settlement watchdog Kerem Navot. The documents further show that the Israeli Civil Administration issued a stop-work order against Hirsch’s house in 2008.

Kerem Navot reports the story behind the Kida outpost and Yair Hirsch:

“Yair Hirsh lives in the illegal outpost of Kida, which was established in 2003 on a hill located about three kilometers east of the settlement of Shiloh. The outpost was founded on part of the historical lands of the village of Jalud, in an area where a team led by the attorney Plia Albeck implemented a large declaration of state land in 1991.

In 2000, about three years before the outpost was established, the Blue Line Team of the Civil Administration remapped Ableck’s declaration. The goal of the mapping was ostensibly to include as state land only the areas that had been “uncultivated” in the past, and to exclude from the declaration area lands that had been cultivated. But the inspection that we carried out revealed that this mapping was extremely negligently done (link to the aerial photos from 1980 and from 2020, in which the cultivated areas in the area can be seen, in the first comment).

Since 2000, the Blue Line Team has returned to map the state land that was declared for those outposts that the state wants to legalize, but for some reason, of all places, the outpost of the appointed Director General of the Ministry of the Interior was overlooked. The reason for this simple: if serious mapping were done in this place, it would become clear that most of the outposts’ houses were built on land that had been cultivated in the past, and therefore there is no way to legalize them.

This secret is well known in the Kida outpost. Therefore, its residents chose to up the ante, with the not-unreasonable assumption, unfortunately, that no one would dare to evict them. And so in recent years, what was once an outpost of modest caravans has become a neighborhood of luxurious villas, for which over each structure hangs a demolition order issued by the Civil Administration. This is how it is when one builds on looted land–a lot of money remains left over for building beautiful villas.

Yes, you got that right: the individual whom the Minister of the Interior selected to run the office that is responsible, among other things, for all of the local authorities in Israel and in the West Bank is someone who, along with all of his neighbors, built his home illegally on land that does not belong to him, and continues to live on it in spite of the demolition orders pending against him. Makes sense.”

Testimonies Show Israeli IDF Complicity in Settler Violence

Breaking the Silence has published a new collection of testimonies from former Israeli soldiers specifically highlighting how active duty soldiers are systematically complicit in settler violence. In 36 testimonies, you can read how the IDF teaches, positions, and incentivizes its soldiers to protect the settlers at all times and in all circumstances – even when the settlers are violent towards Palestinians and their property, and even when settlers are violent towards the Israeli army itself. 

In releasing the report, Break the Silence writes:

“The testimony collection is titled ‘On Duty,’ which conveys a double meaning: firstly, that the soldiers are “on duty” to protect the settlers and to advance their political ideology on the ground, constantly remaining at the settler’s beck and call. At the same time, the settlers are “on duty” to advance and entrench the occupation and shape the reality on the ground, much of the time through the use of violence, none of which would be possible without the soldiers’ presence, protection, and even active help. ‘On Duty’ conveys the idea that both forces are constantly there, working to advance each other’s interests, and immediately available to each other. Video footage of this phenomenon is frequently documented by B’Tselem and other human rights groups, including this settler attack on Palestinain homes in the Nablus area, in which IDF soldiers were present and did not stop the attack, and this violent settler raid on ‘Asirah al-Qibliyah, in which an IDF soldier killed 19-year-old  Husam ‘Asayrah. 

Beyond providing testimony to the occurrence of settler attacks on Palestinians and their lands, ‘On Duty’ offers an explanation of the system that allows them to happen, described from the point of view and in the words of the soldiers who took part in the enforcement of this system. Testifiers to Breaking the Silence describe settlers’ attempts to ingratiate themselves with soldiers through the  provision of gifts, food, and hospitality, and when soldiers act against the settlers’ desires, testimonies describe violent attacks by settlers against IDF soldiers. In addition, soldiers describe receiving instruction that their mission is to protect the Jewish settlers, but many are unaware of any clear orders as to how they are to enforce the law on violent settlers. These conditions make it near impossible for soldiers to carry out their task impartially when they are required to prevent or halt the violent attacks against Palestinians.

‘On Duty’ presents testimonies from soldiers who served in different units and across the West Bankwhich unequivocally show that the phenomenon of settler violence is an inevitable consequence of Israel’s occupation and policy of settling the West Bank. Were it not for the IDF’s continuous control over and presence in the occupied territories, this violence would not be a possibility.”

Bonus Reads

1. “Bedouin Shepherds Used Palestinian Land With Permission. Israel Seized Their Tents Anyway” (Haaretz)
2. “New Israeli government’s land seizure – where’s the EU?” (EU Observer // Sarit Michaeli)
3. “Israel imposed tight restrictions on Palestinians in Hebron to secure settler raids” (MEMO)
4. “Jenin becomes flashpoint for Israel-Palestinian confrontations” (Al-Monitor)
5. “What Israeli soldiers don’t demolish by day, settlers burn by night” (+972 Magazine)
6. “Israel turns Silwan into closed military site” (Al-Monitor)
7. “Palestinians Fear Eviction From Their Jerusalem Neighborhood To Make Way For A Park” (NPR)
8. “Palestinian-Jordanian crisis erupts ahead of Abdullah-Biden meeting” (Jerusalem Post)
9. “No one told this young soldier to protect Palestinians from settlers” (Ynet)

 

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

April 15, 2021

1. New Satellite Imagery Shows Massive Growth of Amichai, Bruchin Over Past Five Years
2. Israel Hastens Approval of New East Jerusalem Settlement “Har Homa E”
3. Jewish National Fund Pushes Forward Plan to Legalize West Bank Land Purchases
4. In-Depth Report on Pending Demolitions in Al-Bustan (Silwan)
5. Bonus Reads

Comments or questions? Email Kristin McCarthy – kmccarthy@fmep.org.

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New Satellite Imagery Shows Massive Growth of Amichai, Bruchin Over Past Five Years

The Associated Press has published new satellite imagery (captured by Planet Labs Inc.) showing the expansive, transformative growth of the Amichai and Bruchin settlements over the past five years – a period defined by the Trump Administration’s pro-settlement policy.

The AP story offers analysis on the predicament facing the Biden Administration, which has articulated support for a two state outcome but has not specifically taken Israel to task for its ongoing settlement construction. The Amichai and Bruchin settlements illustrate this point – both are located in the Shilo Valley region of the West Bank, in a finger of continuous settlements that extends from the 1967 Green Line to the Ariel settlement in the very center of the northern West Bank, cutting the northern West Bank in half. It’s worth recalling that, when the Amichai settlement was built, a settler proudly proclaimed that the settlement would nullify the possibility of a two state outcome.

The new aerial imagery of the Amichai settlement – which was approved in 2017, making it the first new settlement formally approved by the Isareli government in 25 years – is particularly jarring. The images (one from 2017 and the second from 2021) show a previously empty hilltop with cultivated fields nearby transformed into a sizable suburban neighborhood. In addition to the pictured new construction, Amichai was also massively expanded, subsequent to its initial construction, when the Israeli Civil Administration announced that its plan to retroactively legalize the Adei Ad outpost by significantly expanding the borders of the Amichai settlement to turn Adei Ad into a (non-contiguous) neighborhood. In effect, this was a slight-of-hand by Israel to turn the Adei Ad outpost into an entirely new official, legal settlement.

Israel Hastens Approval of New East Jerusalem Settlement “Har Homa E”

Ir Amim reports that the Jerusalem District Planning Committee will now meet on April 20th — one day earlier than previously scheduled — to hear objections filed by members of the public (one of which has informed the Court that they are not available on that date) against a plan to build the Har Homa E settlement. Simultaneously, the District Planning Committee set a date for a second meeting on the plan for April 27th, at which time the committee is able to grant final approval (and is expected to do so).

Ir Amim explains:

“Although one of the individuals who filed an objection to the plan is not available on the new date, the District Committee refused to reschedule. It should be noted that this move is uncharacteristic and underscores the acute pressure on the authorities to approve the plan…While the convening of two separate sessions does seldom take place, the scheduling of the second discussion so rapidly is unordinary and again indicates the immense pressure to expedite approval of the plan.”

Although the Har Homa E plan is framed as an expansion of the Har Homa settlement in East Jerusalem, it is more properly understood as a new settlement since the buildings will be built in an open area that is not contiguous with the built-up area of Har Homa. The plan calls for 540 new settlement units to be built in the area between the Har Homa settlement and the site of the planned Givat Hamatos settlement, tenders for which were issued in January 2021. Meaning that the new construction is a significant step towards completing a ring of Israeli settlements on Jerusalem’s southern edge and encircling the Palestinian neighborhood of Beit Safafa.

Jewish National Fund Pushes Forward Plan to Legalize West Bank Land Purchases

As anticipated, the executive committee of the Board Directors of the Jewish National Fund (called the JNF-KKL) voted in favor of approving the adoption of a policy to officially make the purchase of land in the West Bank a part of the group’s mission. The policy will next be voted on by the full Board of Directors, which JNF Chairman Avraham Duvdevani hopes to see happen next week. As a reminder, the JNF-KKL voted in February 2021 to allocate $12 million towards the purchase of land in the West Bank, even though the policy had not been formally approved.

Notably, Duvdevani also intends to have the new policy, assuming it is adopted, applied retroactively to land purchases the JNF made in that past that fell outside of the group’s publicly stated mission. This intention demonstrates once again that this new policy is nothing more than a shift in public relations, given that the JNF has long worked in support of settlements, but until this point has left settlement-related activities deliberately obscured. 

Haaretz also reports that the policy voted on by the Executive Committee this week does not have a restriction on the JNF’s ability to purchase land in the Nablus and Jenin areas. That restriction was cut out of the newest iteration.

In-Depth Report on Pending Demolitions in Al-Bustan (Silwan)

Terrestrial Jerusalem has published a comprehensive look into the recent news that the Jerusalem Municipality is planning to demolish 70+ Palestinian homes in the al-Bustan section of Silwan, in a move that appears to contradict over ten years of agreement between the municipality and Palestinians to find alternate housing for the targeted families. In addition to recapping what exactly happened and adding more details to what has been reported thus far (the report is must-read), Terrestrial Jerusalem explains how this situation came about. 

Terrestrial Jerusalem writes: 

“Al-Bustan is a target because more than any other Palestinian neighborhood in East Jerusalem, it is an obstacle standing in the way of one of the most important settler/government projects anywhere in East Jerusalem and the West Bank: the socalled restoration of purportedly biblical Jerusalem through genuine artifacts, invented facsimiles, and attractions reminiscent of the pseudo-biblical theme park. Al-Bustan is right in the middle of it.”

Emphasizing the significance of the demolitions pending in Al-Bustan, Terrestrial Jerusalem writes:

“Our analysis above leads to cautious and tentative conclusions indicating that the Bustan demolitions, as abhorrent as they are, have not yet become an acute issue. An important caveat is to be added to this conclusion: over the last few years, the government of Israel has started deviating from policies of restraint that have been a constant since 1967, and is engaging in actions that would have been unthinkable a few years ago. The demolition of al-Bustan is highly compatible into these new policies.Since 1967, Israel was able to transfer 220,000 of its residents to the settlement neighborhoods of East Jerusalem without the largescale displacement of Palestinians. 

“The last such largescale displacement took place on the night of June 10, 1967, when the Mughrabi Quarter was razed, and its residents expelled. Nothing remotely similar has taken place in East Jerusalem since then. This, by no means, is meant to detract from the devastating impact the settlement enterprise has had on individual families that have been targeted and displaced by settlers, and the impact this has had on entire Palestinian collective in East Jerusalem. However, the policy of refraining from largescale displacement has recently changed, and is no longer a taboo…”

“The staggering humanitarian implications of mass demolitions in these areas are accompanied by compelling geopolitical ramifications. For the first time since 1967, settlement enclaves that were dis-contiguous with Israel are now becoming extensions of pre-67 Israel, and in a pincer movement: the Old City is being surrounded both on the north and the south by built up Israeli areas.”

Bonus Reads

1. “Intimidation. Extortion. Eviction: This Is the Brutal Reality for Palestinians in Silwan, Jerusalem” (Haaretz)
2. “New task force hopes to bolster Abraham Accords through entrepreneurship” (Israel Hayom)
3. “Jewish population at lowest percentage since founding of Israel” (Jerusalem Post) 

 

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

February 12, 2021

1. ICC Confirms Jurisdiction Over (Israeli and Palestinian) War Crimes Committed in OPT
2. ICC Investigation Expected to Take On Settlements, Potentially Exposing Untold Number of Israeli Government Officials to Criminal Liability
3. Jewish National Fund to Start (Openly) Purchasing West Bank Land for Settlement Expansion
4. Israel Rejects Development Plan for al-Walajah, Paving the Way for Further Demolitions
5. Israel Demolishes Khirbet Humsa for Third Time this Month, Highlighting Discriminatory Enforcement in Jordan Valley as Path to Israeli Annexation
6. Israeli Court Hears Appeal to Stop Mass Dispossession in Sheikh Jarrah
7. Who Profits Report: “Infrastructures of Dispossession and Control Transport Development in East Jerusalem”
8. Bonus Reads

Comments, questions? Email kmccarthy@fmep.org

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ICC Confirms Jurisdiction Over (Israeli and Palestinian) War Crimes Committed in OPT 

In a ruling published on February 5, 2021, a three judge pretrial chamber of the International Criminal Court confirmed that the Court’s jurisdiction extends over the occupied Palestinian territories (the West Bank, East Jerusalem, & Gaza Strip). As a reminder, the Court’s jurisdiction is over individuals (not states) and includes jurisdiction over war crimes committed by both Israeli combatants and Palestinian combatants. With this ruling, the ICC’s Chief Prosecutor Fatou Bensouda will need to decide whether and when to formally open an investigation into potential war crimes. According to an official statement from Bensouda’s office welcoming the decision, her office is “carefully analyzing the decision & will then decide its next step.”

The pretrial chamber was convened by Bensouda in December 2019 to make a final determination on the highly disputed issue of the Court’s jurisdiction in Palestine. Bensouda herself submitted a brief to the chamber in April 2020 articulating her belief that the Oslo Accords – signed by the PLO and Israel – are a credible legal basis for establishing Palestine as an internationally recognized state. Her brief refuted arguments made in amicus curiae briefs filed by several countries, including Germany  (the second largest funder of the ICC), insisting that Palestine is not a state and that the Court therefore cannot have jurisdiction. The Czech Republic, Austria, Australia, Hungary, Brazil and Uganda also filed briefs along those lines. Bensouda’s brief —  well worth reading in full — also systematically rebutted the raft of arguments made by various international lawfare organizations asserting that the Court has no right to investigate. As a reminder: in June 2020, President Trump signed an Executive Order authorizing sanctions against ICC officials; in September 2020, the Trump Administration used that Executive Order to impose sanctions on Bensouda and another ICC official; in January 2021, a US court blocked those sanctions..

In response to the decision of the pretrial chamber, the Biden Administration promptly stated its opposition. State Department spokesperson Ned Price said in a statement that the U.S. has “serious concerns about the ICC’s attempts to exercise its jurisdiction over Israeli personnel” – statement that was on the one hand categorical and on the other hand far more restrained than what had previously come out of the Trump Administration or the Israeli government (objecting to the decision but not attacking the court itself). It’s worth noting that the Biden Administration has yet to reverse sanctions imposed on ICC officials by former President Trump (including the revocation of Fatou Bensourd’s entry visa to the United States) or revoke Trump’s anti-ICC executive order.

In response to the White House statement, +972 Magazine Editor Amjad Iraqi wrote:

“The fact that the White House rejects this mission at The Hague is further proof that the United States is not really interested in an independent Palestinian state. If Israel prefers apartheid, then Washington will stand behind it, even at the cost of its own proclaimed policy. The Biden administration should either admit this fact or begin backing up its two-state vision with meaningful action. If neither, then it should step back and let the court do its job.”

ICC Investigation Expected to Take On Settlements, Potentially Exposing Untold Number of Israeli Government Officials to Criminal Liability

Having now established its jurisdictional authority to proceed, the International Criminal Court is expected to take up, in addition to other alleged crimes, the criminal acts perpetrated by individuals who participated in the establishment of Israeli settlements in the West Bank. The basis for investigating such persons is international law, according to which the transfer of a civilian population into occupied territory is prohibited.

Yuval Shany, Israel Democracy Institute, told AP:

“The settlement issue is really the biggest issue. This is the elephant in the room. This exposes basically the entire Israeli political elite that has been part of a settlement policy to criminal proceedings before the court. This is a significant setback.”

Yesh Din, an Israeli NGO deeply involved in fighting settlement expansion and defending Palestinian rights in the West Bank, said in response to the ICC’s jurisdictional ruling and the investigation into settlement construction:

“Yesh Din has, for many years, also exposed, challenged and petitioned to the HCJ regarding settlement expansion and takeover of Palestinian lands, an official policy and long-standing practice by successive Israeli governments, despite being a clear violation of international law. We have, time and again, seen that even when a degree of legal remedy is occasionally achieved, too often, failures of enforcement or other mechanisms are applied to prevent Palestinians from truly returning to their lands (see HCJ 88/19 and HCJ 9948/09).

Furthermore, the HCJ has served to enable the establishment and expansion of settlements (HCJ 4481/19) and even approved the State’s efforts to retroactively authorize, or ‘regularize,’ outposts and settlement construction considered illegal even under Israeli law, such as in ongoing proceedings regarding illegal construction in the Netiv Ha’avot (HCJ 5480/15) and Adei Ad outposts (8395/14), among others. The HCJ has further failed to halt creeping annexation, leading to today’s situation of de-facto annexation already in place.  

These failures in Israel’s law enforcement and judicial processes reflect a lack of will to hold perpetrators responsible, willingly turning a blind eye to offenses committed within the broader context of a clear intention to expand control over Palestinian lives, land and resources.

As such, Yesh Din welcomes the ICC’s jurisdiction to open an investigation into potential war crimes in the hopes for greater accountability and a future in which international law will be respected and upheld and, ultimately, in which the fundamental human rights of Palestinians and Israelis alike will be protected.”

Jewish National Fund to Start (Openly) Purchasing West Bank Land for Settlement Expansion

According to Axios, the Board of Directors of the Jewish National Fund is expected to approve a new policy on Sunday (February 14) allowing the organization to in directly purchase land in Area C of the West Bank for the purposes of facilitating settlement expansion (which is illegal under international law and opposed by governments the world over as a violation of Palestinian rights). If this new policy is indeed adopted, the JNF will officially make financing the Israeli settlement enterprise a loud and proud part of its mission. This would be a shift not so much in policy as in public relations, given that the JNF has long worked in support of settlements, but until this point has left settlement-related activities deliberately obscured. The shift in approach that will culminate in Sunday’s vote is in line with the JNF’s new right-wing, settler leadership (which effectively took control of the organization in October 2020). 

According to the report, the proposed JNF policy – which could see hundreds of millions of dollars invested in the settlement enterprise – includes directives for the organization to purchase land subject to the following conditions:

• The land is privately owned by Palestinians. 
• The land will be used to expand existing settlements, not build new ones (this presumptively includes purchasing land to build outposts).
• The land is in Area C (some 60% of the West Bank),  not land in Areas A and B.
• The land is located inside of a settlement’s jurisdiction or adjacent to it.
• Focus will be on purchasing land in areas identified as a priority, including the Jordan Valley, the Etzion settlement bloc, areas around Jerusalem, the Binyamin region north of Jerusalem, the South Hebron Hills, and areas adjacent to the pre-1967 border. The draft specifically says that no land shall be purchased in the Nablus or Jenin areas.
• Foreign donations will only be used to purchase land in the West Bank if the laws of the donor’s country permit it.

Commenting on the report, Peace Now put it bluntly:

“The Israeli Jewish National Fund has long had a dark side in discreetly facilitating settlement expansion. This latest news on it intending to purchase private Palestinian land is a decision to bring it into the open. Make no mistake. This isn’t about whether Jews can live wherever. KKL-JNF purchasing land in the West Bank is meant for Israel to keep the land. It’s not like it intends for Jews and these land plots to be in a Palestinian state.”

When asked for comment, the spokesperson for the U.S. Department of State, Ned Price, said:

“Well, I think there is a broad point at play here, and that point is this: We believe it is critical to refrain from unilateral steps that exacerbate tensions and that undercut efforts to advance a negotiated, two-state solution. And unilateral steps might include annexation of territory, settlement activity, demolitions, incitement to violence, the provision of compensation for individuals imprisoned for acts of terrorism. We have continued to emphasize that it is critical to refrain from all those activities.”

Established in 1901, the JNF devoted itself to buying land for Jews. Today, the JNF owns about 15% of all the land inside the Green Line. In addition, the JNF has also used two subsidiary companies – both called Himanuta – to purchase land in the West Bank, even though stated JNF policy (until now) did not support such purchases . The JNF and Himanuta used middle men in order to allow the JNF to deny a direct role in West Bank land purchases, which JNF leadership feared would hurt the organization’s fundraising potential. Peace Now reports that the JNF, via its subsidiary Himanuta, has already purchased over 160,000 acres (65,000 dunams) across the West Bank; settlements established on some of those lands include Itamar, Alfei Menashe, Einav, Kedumim, Givat Ze’ev, Metzadot Yehuda (Beit Yatir), Otniel and more. At the same time, the JNF and the settler group Elad have been partnering together to pursue the mass eviction of Palestinians from East Jerusalem neighborhoods, including Silwan.

Israel Rejects Development Plan for al-Walajah, Paving the Way for Further Demolitions

On January 25th, the Jerusalem District Planning Board rejected a Palestinian-proposed outline plan for the village of al-Walajah, located on the southern flank of Jerusalem. For at least 15 years, al-Walajah residents have attempted to gain Israeli approval for an outline plan – which is a key planning document that establishes land usage and provides for the future development of the community. Without an outline plan, no building permits can even be considered, leading to a situation where Palestinians are forced to build illegally to meet the basic needs of a growing community. 

Due to its location and unique political situation (both discussed below) Al-Walajah is already the focus of a years-long campaign of demolitions and land confiscations. By rejecting the outline plan, the Planning Board has cleared the way for an additional 38 homes in al-Walajah to be demolished because they lack Israeli-issued building permits.

Ir Amim reports important detail on context of the Board’s decision:

“The planning committee rejected the outline plan based on various dubious claims, including on the basis of nature and environmental conservation, yet plans for massive Israeli settlement construction and expansion in the same area have all been approved. Not only is this a prime example of the rampant housing discrimination against Palestinians in Jerusalem, but the committee’s citation that the area’s traditional and historical agricultural assets must be preserved entirely overlooks the village’s exclusive role in this centuries-old preservation.  Without the homes and the farmers to build and cultivate the land as they have for generations, there will be nothing left to preserve.”

Haaretz reports that, prior to its ruling in January, the Jerusalem District Planning Board refused to discuss this outline plan. The Board was forced to consider the plan when al-Walajah residents petitioned the Isareli Supreme Court. Attorney Jiat Nasser, who is representing the villagers, told Haaretz:

“The district board’s decision is discriminatory and dripping with malice. It feels like the hearings were fixed, as if they want the residents to leave… We didn’t expect inhumanity would reach such proportions.”

Al-Walajah is a village besieged by Israel from every angle. In the words of Danny Seidemann:

“ Since 1967, Walajeh’s inhabitants have lived in a Kafka-esque situation, with their village technically located inside Israel’s expanded borders, but with villagers never given Israeli residency (they are considered West Bankers and thus are not permitted inside Jerusalem). As a result, the villagers’ presence in their own village is, under Israeli law, illegal, and their homes there are, by definition, illegal.”

For decades, the Israeli government has carried out a multi-prong effort to push Palestinians off of their land in al-Walajah. This has included demolition campaigns, construction of the separation barrier along a route that encircles the village and cuts residents off from their land, refusal to grant building permits, and the declaration of state parks over lands on which Palestinians have lived for generations.

In October 2020, it was revealed that Israel, in order to build the Har Gilo West settlement, plans to extend the separation barrier to completely encircle al-Walajah, which is already surrounded on three sides by the separation wall. The new section of the barrier will be a 7-meter high concrete slab along the western edge of the built-up area of Al-Walajah.

Israel Demolishes Khirbet Humsa for Third Time this Month, Highlighting Discriminatory Enforcement in Jordan Valley as Path to Israeli Annexation

On February  8th, Israel forces returned to the Palestinian Bedouin community of Khirbet Humsa in the Jordan Valley for the third time this month to demolish structures and confiscate the property of the ~65  Palestinians who continue to live there despite Israeli attempts at forced relocation. This was the fourth time that the community has been demolished. 

Khirbet Humsa is located in Area C of the West Bank, in an area of the Jordan Valley that Israel declared a closed military zone even though Palestinians had been living there, and using the land for agriculture and herding, for decades. Israel has long used the pretext of military firing zones to pursue the forcible displacement of Palestinians, while simultaneously ignoring (and in some cases openly assisting) settlers to establish a presence in the very same areas.

B’Tselem documented the demolitions of Khirbet Humsa, and responded:

“These demolitions are part of Israel’s policy, enacted throughout the West Bank, to make Palestinians’ lives unbearable, in order to force them to leave their homes, concentrate them in enclaves and take over their land. This policy constitutes an attempt at forcible transfer — which is defined as a war crime under international humanitarian law. The responsibility for its execution lies first and foremost with the political decision-makers leading it, the senior military command carrying it out, and the Supreme Court lending it a legal stamp of approval.”

In telling the story of another Palestinian village in the Jordan Valley facing a similar fate (the village of Jibneh), Yuval Abraham wrote in +972 Magazine:

“Israel has declared about 18 percent of the West Bank as firing zones for military training. This is roughly as large as the West Bank area under full Palestinian control. During a 2014 Knesset subcommittee meeting on “illegal Palestinian construction in Area C,” Col. Einav Shalev, then operations officer of Central Command, admitted that one of the main reasons for increasing military training in these firing zones is to prevent Palestinian construction.

It is important to stress that these are villages that have existed for many decades. The residents have no way of building legally because the Civil Administration, the arm of Israel’s military responsible for governing Palestinians in the occupied West Bank, denies more than 98 percent of permit requests filed by Palestinians in Area C. To even discuss this issue in terms of legal compliance is absolutely ridiculous, since the law is clearly based on ethnic bias…

Increasing governance, meaning, amplifying Israel’s pressure to expel local communities like Jinbeh, that live in areas the state wants to Judaize. Israel is currently focusing on three West Bank areas: the Jordan Valley, south Hebron Hills, and an area known as E1, which connects East Jerusalem to the West Bank. There, Israel systematically denies building permits to Palestinians in order to force them to leave.”

Last week, prior to the demolition on February 5th, a large delegation of European diplomats visited Khirbet Humsa to witness what was taking place. One participant on the delegation, Sven Kuehn von Burgsdorff, said: 

“We express our strong concern regarding the policy of demolishing residential structures of Bedouin communities who have been residing here for decades. And our concern is very simple. We are here to uphold international law, including international military law which forbids demolitions of residential structures in occupied territories. It’s contrary to the obligations [of Israel] under the 4th Geneva Convention evictions or forcible transfer likewise. Here we’re talking about 100 people, of whom 40 to 50 are children. We’re in the midst of a pandemic we are in the midst of winter-time. Where do these people go facing homelessness, facing winter?”

Israeli Court Hears Appeal to Stop Mass Dispossession in Sheikh Jarrah

On February 9, the Jerusalem District Court held a hearing to consider an appeal submitted by four Palestinian families – including the El-Kurd family – facing eviction from their homes in Sheikh Jarrah, a neighborhood of East Jerusalem in the shadow of the Old City. The appeal holds significance beyond the families directly involved, as it threatens to cement a legal precedent that can be used by settler groups to carry out a mass eviction in Sheikh Jarrah.

The evictions being challenged in Court are part of an ongoing campaign to throw Palestinians out of their homes in Sheikh Jarrah and replace them with Israeli settlers. It is led by the Ateret Cohanim settler group (and others), with the evictions based on Israel’s Absentee Property Law – a law that allows Jews to reclaim property that was abandoned in the 1948 war. To take advantage of that law, Ateret Cohanim has tracked down Jews (or their heirs) who before 1948 owned homes in highly desirable East Jerusalem neighborhoods, convincing them to make a claim on the property, and then working with them or on their behalf to evict Palestinians who have been living – legally – in the homes or on the property, in some cases for more than half a century.

On the day of the Court hearing, Palestinians led a protest (which included Israeli and international activists) outside of the Jerusalem District Court. Along with protests on the ground, international diplomatic pressure appears to be picking up. A group of 81 Members of the British Parliament penned a letter to their own foreign secretary asking for the country’s leadership to engage on the issue of Sheikh Jarrah. The letter asked the secretary to “make clear to its [the UK government’s] Israeli counterpart that relations cannot continue as normal in the event of such transgressions,” stating:

“All measures should be considered including reducing diplomatic engagement and banning trade in settlement products in full conformity with international law obligations in order to challenge the settler economy that profits from the occupation.”

Just Vision – which shared one Sheikh Jarrah family’s story in the docuseries “My Neighborhood,” said in a November 2020 email drawing attention to these evictions:

“While the cases in Sheikh Jarrah are thinly veiled as a legal matter, the political motivations are clear. This latest round of evictions is part of a broader attempt by the Israeli state to forcibly displace Palestinians from their homes in East Jerusalem and the West Bank. The process is methodical and impacts thousands of lives on a daily basis. In the past month alone, Israel hid under the US election media frenzy to undertake the largest demolition of Palestinian homes and structures in a decade, and just yesterday, announced a new settlement, Givat Hamatos, that would effectively cut East Jerusalem off from Bethlehem. This all happens under the United States’ watch – subsequent US administrations have done little to hold the Israeli government to account, and the latest administration has given a carte-blanche for unjust activity like this.”

Who Profits Report: “Infrastructures of Dispossession and Control Transport Development in East Jerusalem”

In a new report, Who Profits expertly surveys major infrastructure projects in East Jerusalem that are part of the Israeli government’s drive to dispossess Palestinians and facilitate a stronger Jewish presence and control across the entire city. Providing an overview of the report, Who Profits writes:

“Transport infrastructure, which regulates not only space but the movement of people and goods across space, offers a powerful organizing instrument for an occupying power. Together with the Wall and the checkpoints, Israel’s transport network in the occupied Palestinian territory (oPt) works to manage and control both land and population in accordance with Israeli interests.

For Israel’s illegal settlement enterprise, infrastructure development provides a lifeline, enhancing settler connectivity, supporting economic development and normalizing Israeli presence on occupied land.

For the occupied Palestinian population, these infrastructure development projects are intimately tied to the processes of dispossession and facilitate land grabs. In this way transport projects are a means of annexing land, fragmenting and isolating communities and destroying agrarian livelihoods by separating farmers from their agricultural lands.

This flash report focuses on five large scale transport infrastructure projects in East Jerusalem currently at various stages of development, and exposes the private corporations involved in their implementation. All companies profiled herein were contacted prior to publication. To date, no responses have been received. The projects surveyed are: (1) the expansion of the Tunnel Road, a section of Route 60 south of Jerusalem; (2) the construction of the American Road, a north-south highway that cuts through East Jerusalem’s Palestinian neighborhoods; (3) the construction of an underpass and grade separation at the Qalandia checkpoint on the outskirts of Ramallah, north of Jerusalem; (4) the construction of grade separation in the French Hill settlement neighborhood and (5) the expansion of the Jerusalem Light Rail Network.

Our research shows that although the projects themselves are carried out by Jerusalem’s municipal development arm, the Moriah Jerusalem Development Corporation (hereafter: Moriah) and located largely within municipal lines, they target not only the settlement neighborhoods of illegally annexed East Jerusalem—but also the occupied West Bank as a whole. The transport projects examined in this publication are part and parcel of a broader Israeli strategy to promote the economic and spatial integration of the West Bank in terms of dispossession, segregation and control.”

Bonus Reads

1. “Settlers stop Palestine TV documenting settlement activities in West Bank” (MEMO)
2. “Concern rises over takeover of hundreds of dunums of West Bank village land as Israelis survey the area” (WAFA)
3. “Sa’ar says West Bank Annexation still a goal, even if not implemented now” (Jerusalem Post)
4. “Biden must prevent Israel’s march toward annexation” (Responsible Statecraft)
5. “David Friedman: We left the world a better place” (Arutz Sheva)
6. “In assertion of sovereignty, Palestinians launch postcodes in West Bank” (The Times of Israel)