Settlement & Annexation Report: March 8, 2024

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

To subscribe to this report, please click here.

March 8, 2024

  1. Israel Advances Plans for 3,400 Settlement Units
  2. A Must-Watch WSJ Feature on Outposts & Illegal Settlement Roads
  3. Bonus Reads

Israel Advances Plans for 3,400 Settlement Units

As anticipated, the Israel Higher Planning Committee convened on March 6, 2024 and issued approvals for the advancement of plans to build a total of 3,476 new settlement units in three settlements. The advancements are:

  • 2,452 new units in the Ma’ale Adumim settlement;
  • 694 new units in the Efrat settlement; and,
  • 330 new units in the Kedar settlement.

Notably, last week the Israeli government declared the land between the Kedar and Ma’ale Adumim settlements to be “state land,” which would allow the two settlements to be connected with future settlement construction. The plans approved this week are not designated for this newly expropriated land, where Palestinian bedouin communities are living under threat of forced displacement.

The United States criticized the announcement, alongside global condemnation. The UN High Commissioner for Human Rights Volker Turk called settlements a war crime.

A Must-Watch WSJ Feature on Outposts & Illegal Settlement Roads

This week the Wall Street Journal published a must-watch video examining the illegal construction of roads and entrenchment of outposts in the aftermath of October 7th.

The investigation features Dror Etkes, founder of Kerem Navot, and a deeper dive into the strength, funding, and a strategy of the agricultural farming outposts. The role of the Israeli government in funding and permitting these illegal activities is also highlighted.

Bonus Reads

  1. “Israel Surrounds Itself With Ruins in Gaza for the Sake of ‘The Land of Israel’’ (Alon Arad and Rafael Greenberg in Haaretz)
  2. “Israeli settlers cross into Gaza, build ‘symbolic’ outpost” (+972 Magazine)
  3. “West Bank Mayor’s Ambassadorship Revoked Following Italian Government Opposition” (Haaretz)
  4. “NY congresswoman introduces bill requiring US refer to West Bank as ‘Judea and Samaria’ (ABC)
  5. “I met the Israeli settlers Biden placed sanctions on. They’re bad – but part of a rotten system” (Zak Witus in The Guardian)
  6. “Understanding Biden’s Settler Sanctions Strategy” (Jewish Currents)
  7. “Ambiguity of Netanyahu’s Recent Statement on Muslim Access to Al Aqsa during Ramadan Leaves Room for the Imposition of Restrictions” (Ir Amim)

 

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

To subscribe to this report, please click here.

March 1, 2024

  1. Israel Declares 652 Acres of “State Land” Near Ma’ale Adumim Settlement & E-1 Site
  2. Israel Approves Municipal Boundaries for Outpost to be Authorized as a New Settlement
  3. Defense Ministry Demolishes Two Outposts
  4. Settlers Enter Gaza During Rally at Erez Crossing
  5. Settler Head Calls for Genocide Against West Bank Palestinians – Akin to Gaza – In Response to Palestinian Attack Near Eli Settlement
  6. Blinken: New Israeli Settlements are Inconsistent with International Law
  7. Bonus Reads

Israel Declares 652 Acres of “State Land” Near Ma’ale Adumim Settlement & E-1 Site

On February 29th, the Israeli Civil Administration announced that it had declared 652 acres of West Bank land south of the Ma’ale Adumim settlement to be “state land,” bringing it under the management of the Israeli state and preparing it for the possibility of settlement construction. The land had previously been designated as part of the E-1 settlement plan, even though Israeli law does not allow Israel to plan construction on land that is not under its management. Additionally, this land is located between the Ma’ale Adumim and the Kedar settlement to its south, if construction indeed takes place – the two settlements (which both received planning advancements last week) could be connected.

Palestinian landowners have 45 days to submit an objection to the Israeli military to challenge the declaration. The land previously belonged to the Palestinian towns of Abu Dis and Al-Azaria, but it had not been formally registered in the Land Registry at the time Israel suspended registration proceedings in 1968. The land was registered in the property tax books of the villages, but these records are not accepted by the state of Israel as proof of ownership unless the land has been continuously cultivated (which, in a lot of cases, is impossible given Israeli restrictions and settlements). 

Three Palestinian bedouin communities currently live in the area – the Abu Nuwar, Wadi Abu Al-Suwan, and the Abu Hindi communities – totalling 1,000 people. Since arriving on these lands in the 1970s after being forced to flee their land in Israel, these communities have been regularly targeted by Israeli policies designed to force them to once again pack up and leave.

Peace Now said in a statement

“Instead of planning for a future of peace and security, the Israeli government continues to further the occupation and dispossession by perpetuating the conflict and bloodshed. Expropriating thousands of dunams of land from Palestinian communities demonstrates how settlements are already negatively impacting Palestinian lives and are not just a future problem or obstacle to a political solution. Construction in settlements must be halted immediately, regardless of negotiations and political arrangements.”

Israel Approves Municipal Boundaries for Outpost to be Authorized as a New Settlement

On February 27th Bezalel Smotrich announced the approval of municipal boundaries for the retroactive legalization of the illegal farming outpost known as Mitzpe Yehuda. The outpost-turned-settlement has been named Mishmar Yehuda, and is located east of Bethlehem and south of the Ma’ale Adumim settlement. Peace Now reports that the Israeli Ministry of Housing has already contracted architects and planners to continue advancing the settlement plans, which holds potential for over 13,000 new settlement units housing approximately 65,000 settlers. The next step in the planning process is for Smotrich’s “Settlement Administration” to prepare a Master Plan for the construction.

Celebrating the announcement, Smotrich said:

“We came to this land to build and to be built up in it. We will continue the settlement momentum throughout the land. Congratulations to Gush Etzion, congratulations to the settlements, and congratulations to the State of Israel.”

In February 2023, the Israeli Security Cabinet issued a decision to retroactively legalize ten illegal outposts including Mitzpe Yehuda. The approval of a jurisdiction is the carrying out of this order. At the time, Haaretz reported that a source said the Cabinet chose these outposts for authorization specifically because they are all located in remote or isolated locations — meaning they could not be “legalized” via expanding the borders of a nearby settlement and declaring the outposts to be merely neighborhoods of those “legal” settlements (a legal maneuver Israel has repeatedly used to expand settlements and retroactively legalize settlements). This means, among other things, that legalization of these 10 new settlements will likely lead to additional land seizures for related infrastructure work (work that was not legally possible until now).

Defense Ministry Demolishes Two Outposts

The Times of Israel reports that the IDF demolished two farming outposts this week: Sde Yonatan and Or Mier. Both are built on privately owned Palestinian land, and both have been repeatedly dismantled by the IDF.

Settlers Enter Gaza During Rally at Erez Crossing

On February 29th while dozens of Israeli settlers gathered at the Erez Crossing point into Gaza to rally for the reestablishment of Gaza settlements, several individuals “violently” broke through the IDF checkpoint and entered Gaza. Some of the settlers made it 500 meters past the IDF checkpoint before being caught by the IDF. Nine were arrested by Israeli police for violating a closed military order, though none have been charged.

Other settlers participating in the protest built two rudimentary structures, which they said are meant to be for “New Nisanit”, which settlers want to establish in northern Gaza in the area where the Nisanit settlement stood prior to 2005, when the Israeli government dismantled it along with 21 other settlements. The campaign to reestablish settlements in Gaza is being led by the Nachala organization, which called on its followers to bring “appropriate gear” and “sleeping bags” to the protest this week. As became clear in January 2024, the Nachala has thousands of supporters, including at least 12 Israeli government ministers and 15 members of Knesset – all of whom attended Nachala’s recent conference entitled “Conference for the Victory of Israel – Settlement Brings Security: Returning to the Gaza Strip and Northern Samaria.”

Israel has kept the Erez Crossing point closed, even to humanitarian aid, since October 7th – despite increasing international pressure to allow the entry of needed supplies.

Settler Head Calls for Genocide Against West Bank Palestinians – Akin to Gaza – In Response to Palestinian Attack Near Eli Settlement

On February 29th, two Israelis were killed by a Palestinian shooting in an attack near the Eli settlement. In addition to the typical responses from the Israeli government (calling for more settlements, more checkpoints, road closures, and retribution against the attackers family), the head of the Binyamin Regional Council, Israel Gantz, called for the Israeli government to launch a West Bank operation like the one it is waging in Gaza – which the International Court of Justice said is plausibly genocide. 

Haaretz reports that Israel Gantz said:

 “the terrorism here and in Gaza is the same terrorism, with the same terrorists and the same ambitions. It is necessary to mount a crushing attack on the West Bank, enter the city centers, destroy infrastructure and get rid of terrorists just like in Gaza.”

Blinken: New Israeli Settlements are Inconsistent with International Law

Responding to questions at a news conference in Buenos Aires on February 23rd, U.S. Secretary of State said that the Biden Administration believes new Israeli settlements are “inconsistent with international law” – a statement which is being widely interpreted as a reversal of the so-called “Pompeo Doctrine.” Blinken’s statement of illegality was in relation to new settlements, but he later went on to say that the Biden Administration “maintains firm opposition to settlement expansion,” explaining that it weakens Israeli security.

White House National Security Adviser John Kirby later said:

“We [the Biden Administration] are simply reaffirming the fundamental conclusion that these settlements are inconsistent with international law… this is a position that has been consistent over a range of Republican and Democratic administrations.”

Blinken was sharply criticized by former Secretary of State Mike Pompeo and former Ambassador to Israel under Trump, David Friedman. Friedman recently published a proposal outlining Israeli annexation of the West Bank “in accordance with biblical prophecy and values.” The plan calls for granting Palestinians permanent residency but no voting rights. Friedman cites the U.S. rule of Puerto Rico as an example.

Bonus Reads

  1. “Settler Colonial Spillover of the Gaza Genocide” (Al-Shabaka)
  2. LISTEN – “Settler Colonial Spillover in the West Bank with Fathi Nimer” (Rethinking Palestine by Al-Shabaka)
  3. “‘They took our home, our land, everything’: Palestinians displaced by illegal settlers tell their stories” (The Guardian)
  4. “The Israeli Settlers Attacking Their Palestinian Neighbors” (The New Yorker)
  5. Sparking the Next War? Any Restrictions to Al Aqsa Imposed During Ramadan Will Violate Muslim Freedom of Worship & Liable to Foment Unrest” (Ir Amim)
  6. “In Israeli-occupied Hebron, Palestinians describe living in ‘a prison’” (Washington Post)

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

To subscribe to this report, please click here.

February 23, 2024

  1. Israel Announces Plans for 3,000+ New Settlement Units In Retaliation for Terror Attack Near Ma’ale Adumim; Ben Gvir Pushes for More Retaliatory Measures
  2. U.S. Reportedly Consider More Sanctions on Settlers, Revoking “Pompeo Doctrine”
  3. ICJ Hears Arguments on Israeli Occupation
  4. Peace Now Dissects Proposed 2024 State Budget
  5. Bonus Reads

Israel Announces Plans for 3,000+ New Settlement Units In Retaliation for Terror Attack Near Ma’ale Adumim; Ben Gvir Pushes for More Retaliatory Measures

On February 22nd, Bezalel Smotrich – who is both the Israeli Finance Minister and the de facto governor of West Bank settlements – announced that he is advancing plans for over 3,000 new settlement units in response to a terror attack perpetrated by three Palestinians near the Ma’ale Adumim settlement just east of Jerusalem. Smotrich said that he will convene the High Planning Committee next week to advance the plans, calling the settlement announcements a “security response to the attacks.”

Smotrich said that the government has greenlighted plans for:

  • 2,350 new units in the Ma’ale Adumim settlement located just east of Jerusalem;
  • 300 new units in the Kedar settlement, just east of Ma’ale Adumim; and,
  • 694 new units in the Efrat settlement – units which can receive final approval. Efrat is located south of Bethlehem, inside a settlement block that cuts deep into the West Bank. Efrat’s location and the route of the barrier wall around it, have literally severed the route of Highway 60 south of Bethlehem, cutting off Bethlehem and Jerusalem from the southern West Bank. The economic, political, and social impacts of the closure of Highway 60 at the Efrat settlement (there is literally a wall built across the highway) have been severe for the Palestinian population.; and,

In his announcement, Smotrich emphasized the annexation intent behind these announcements, saying:

“May every terrorist planning to harm us know that lifting a finger against Israeli citizens will be met with a death blow and destruction in addition to the deepening of our eternal grip on the entire Land of Israel.”

As a reminder, Smotrich is in effect the reigning sovereign over the West Bank via the newly established “Settlement Administration” within the Defense Ministry, which he appointed Yehuda Eliahu to lead (Eliahu and Smotrich co-founded the radical settler group Regavim) . This “Settlements Administration” enjoys virtually total autonomy and unchecked power, with almost no accountability to anyone in the Israeli Ministry of Defense. In June 2023 the Israeli Cabinet approved a measure to expand Bezalel Smotrich’s authority over construction in existing settlements by significantly shortening the planning process and removing almost any role for Israeli politicians in that process, a lever which – for decades – has been utilized by successive Israeli governments to intervene in settlement planning usually in consideration of pressure from the international diplomatic community. Under the new procedures, political approval is only needed once at the very beginning stage of the planning process, whereas for the past three decades political approval was needed at each and every phase.

Israeli National Security Minister Ben Gvir pushed for the government to respond with more than just settlement approvals, calling for more restrictions on Palestinian movement in the West Bank in addition to more weapons for Israeli citizens.  Speaking at the scene of the attack, Ben Gvir said:

“The right to life for Jewish residents in the West Bank is more important than the freedom of movement for residents of the Palestinian Authority. I expect there to be more and more barriers here, there will be restrictions. We need to come to an understanding that our enemies are not looking for excuses. They only want to harm. I will fight for restrictions – it’s good that the prime minister accepts my principled position.” And on weapons: “A very big disaster was avoided here thanks to the fact that all the police officers have weapons and the citizens have weapons. There were those who criticised me for that, but I think that today everyone understands that weapons save lives.”

U.S. Reportedly Consider More Sanctions on Settlers, Revoking “Pompeo Doctrine”

According to press reports, the United States is preparing to issue sanctions against “several” more Israeli settlers, after having sanctioned four settlers earlier this month. A source told The Times of Israel that the next round of sanctions will target “higher-profiled Israeli extremists” but not Israeli government officials.

Two U.S. officials further leaked that the Administration is also considering revoking the so-called “Pompeo Doctrine” in response to Israeli steps to significantly expand its footprint in the West Bank (i.e. land on which settlements are constructed). The “Pompeo Doctrine” established as U.S. policy that Israeli settlements are not “per se inconsistent with international law.” It was issued by former U.S. Secretary of State Mike Pompeo in November 2019 in a reversal of decades of American policy. 

ICJ Hears Arguments on Israeli Occupation

Starting on February 19th, the International Court of Justice opened six days of hearings on the legality of Israel’s occupation of Palestinian territories including the West Bank, East Jerusalem and Gaza (unrelated to the recent genocide case). After the hearings conclude, the Court is expected to finalize a nonbinding, advisory opinion on the legality of Israel’s occupation – which will likely take several months.

Israel has rejected the validity of the ICJ’s case, and has refused to participate – though the Deputy Legal Advisor for the Israeli Foreign Ministry is in attendance. Fifty other states are expected to participate – including the United States, Britain, and Germany launching defenses of Israel’s actions, and South Africa, Algeria, Belgium, and the Palestinians arguing that the occupation is illegal. South Africa – which lodged a new complaint accusing Israel of genocide in Gaza weeks ago –  argued that Israeli control over the West Bank is colonial and amounts to Apartheid, saying that Israel should dismantle its settlements and pay reparations to Palestinians. All states arguing that Israel’s occupation is illegal highlight that the occupation has lost any illusion of being temporary.

To further unpack this case and its impacts (as well as the distinction between the ongoing case against Israeli officials lodged at the ICC), you can listen to FMEP’s podcast, “The Quest for Justice for Palestine at the ICC and ICJ: Where Things Stand Today & Why it Matters” featuring Lara Friedman (FMEP) and Vito Todeschini i (legal expert in human rights law, international humanitarian law and international accountability, focusing on Palestine/Israel and the wider MENA region). [3/29/2023]

Peace Now Dissects Proposed 2024 State Budget

Peace Now reports that the Israeli government is poised to approve a 2024 state budget that allocates a substantial amount of state funding to the settlement enterprise. Peace Now examined the only available draft – which is incomplete and not detailed – that the proposal includes:

  • $203 million (737 million NIS) in budget allocations to the settlements (a $107 million increase from last year);
  • An additional $112 million (409 million NIS) for specific settlement plans, which are:
    • The Sebastia archaeological site;
    • Elad tourists sites in East Jerusalem;
    • The “preservation of antiquities” in the West Bank; and,
    • A plan to strengthen Israeli control over the Old City Basin
  • $1 million (3.6 billion NIS) for roads in the West Bank servicing settlements. This is 20% of all funds allocated to Israeli road development);
  • $3 million (12 million NIS) for “special grants” to settler municipal authorities;
  • $5.5 (20 million NIS) for agricultural farms, many of which are illegal outposts in the West Bank; and,
  • Additional funds for further specific settlement projects including:
    • A “Heritage Center” at the Sebastian train station;
    • Developing the Hirbet Arqed archaeological site;
    • Development of the Hasmonean Palaces site and related projects;
    • Compensation for Israeli settlers who face higher export fees than their colleagues based in internationally recognized Israeli territory;
    • Security for 3,000 settlers located in East Jerusalem settlement enclaves inside of Palestinian neighborhoods.

Please see Peace Now’s report for more granual detail on the plans contained within these budget categories.

Bonus Reads

  1. East Jerusalem on the Eve of Ramadan and Municipal Elections” (Peace Now)
  2. “Olive harvest 2023: hindered access afflicts Palestinian farmers in the West Bank” (OCHA)
  3. “Netanyahu vows to maintain security control over Gaza, West Bank” (Al Andalou)
  4. “Online fundraisers for violent West Bank settlers raised thousands, despite international sanctions” (AP)