Settlement & Annexation Report: February 10, 2023

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.

Shameless Plug: Check out the latest episode of FMEP’s Occupied Thoughts podcast – Settler Violence: More Than Criminal – featuring Ziv Stahl (Yesh Din) and FMEP’s Kristin McCarthy

February 10, 2023

Government Begins Forming Bureaucracy for Annexation
Smotrich Says No Settlement Freeze, Asks Settlers to Hold Off on New Outposts
A New Settlement: Israel Establishes Tel Zion as Independent Settlement
Israeli Government Expected to Advance Atarot Settlement Plan
Court Grants State Two-Month Delay in Khan Al-Ahmar Forced Displacement
Israeli Cabinet Prepares for Vote to Amend 2005 Disengagement Law, Legalize Homesh Outpost & Yeshiva
Bibi Pitches Massive Tunnel Construction in West Bank to French Investors
Smotrich Resigns, Brings Criminal Settler into Knesset
Bonus Reads

Government Begins Forming Bureaucracy for Annexation

As the new Israeli government continues to take shape, the bureaucratic mechanisms of annexation have come into focus.

Key components of this bureaucracy will reportedly include a new “Settlement Administration,” the creation of which is still pending an agreement between Smotrich and Defense Minister Gallant on how duties in the Defense Ministry will be divided (a division which is facing international opposition). In a meeting with settler leaders, Smotrich unveiled a plan for a new “settlement administration” that will attempt to centralize the Defense Ministry’s efforts accomplish several key objectives: to promote settlements, to take control of more land, to handle legal cases related to the settlements, and to advance Smotrich’s long-time goal of dismantling the Civil Administration in order to bring the settlements under the direct governance of the Israeli state (annexation).

According to Smotrich, this new administration will operate on a two year timeline to achieve its goals, ultimately working itself out of existence once all powers over the settlements are transferred from the Civil Administration to the various Israeli Ministries. According to Haaretz, Yehuda Eliyahu is likely to lead the settlement administration under the management of Smotrich. Smotrich and Eliyahu co-founded the Regavim settler group.

In addition, the Israeli government expanded the portfolio of the Minister of the Negev and Galilee, a post held by Otzma Yehudit member Yitzhak Wasserful. The expanded position will also have a new “young settlement department” (young settlement is a euphemism used by settlers for outposts). This department will be engaged in preparatory work for the legalization of outposts, and will also work on plans to deliver infrastructure to the outposts. Prior to this new department, this ministerial post did not have any authority in the West Bank (i.e. outside of Israel’s sovereign borders).

Haaretz details how these new bodies will interact:

“… if outposts are legalized, the process will likely be divided among three different agencies. The Civil Administration, which is under Smotrich’s control according to the coalition agreement, will be in charge of formal legalization. But responsibility for building or improving infrastructure in outposts will be divided between two other agencies. One is the National Missions Ministry, headed by Orit Strock (Religious Zionism). The other is the so-called young settlement department.”

Lastly, Emek Shaveh reports on a January 29th government decision which transferred the Israeli Antiquities Authority (IAA) from the Ministry of Culture to the Ministry of Heritage, which is now headed by Jewish Power MK Amihai Eliyahu. The IAA exercises authority over heritage and archaeological sites in Israel, including East Jerusalem, but has increasingly expanded its authorities into Area C of the West Bank, at the expense of the Staff Officer for Archaeology within the Civil Administration which has historically been in charge. The government also tasked Eliyahu with preparing an emergency plan to “safeguard” antiquity sites in the West Bank specifically, where settlers have spent years alleging neglect and destruction of heritage sites by Palestinians and the Palestinian Authority (which, turns out, has created a basis for the government to take control over those sites – go figure). The government allocated NIS 150 million to the effort.

Emek Shaveh reacts:

“After years of monitoring the process of weaponizing ancient sites in the service of the settlements in East Jerusalem and the West Bank, we are not surprised that the ultranationalist Jewish Power party demanded the heritage portfolio. An indication of the minister’s intentions was offered in January, when Eliyahu took over from outgoing minister of Heritage and Jerusalem Affairs, Ze’ev Elkin. At the ceremony he said: ‘Israel needs three pillars in order to stand strong: the security pillar, the economic pillar and a third pillar which is the pillar of significance.’ He added ‘The Ministry of Heritage will strengthen the third pillar. We will fortify our national resilience by encountering our heritage. We will protect the various heritage sites and devise programs to deepen Jewish identity’.”

For an overview of Israel’s weaponization of archaeology in its effort to take control of more land in Jerusalem and the West Bank, please see Emek Shaveh’s report.

Smotrich Says No Settlement Freeze, Asks Settlers to Hold Off on New Outposts

Following reports that Netanyahu had conceded to the U.S. request to freeze settlement construction in order to de-escalate tensions, Finance Minister Bezalel Smotrich repudiated the idea of any freeze, saying: “There will be no freeze on construction in Judea and Samaria. Period.”

Smotrich’s statement, however, did not contradict reports that he had asked settler leaders to stop efforts to establish new outposts, asking settlers leaders to coordinate all activity with the government. Smotrich publicly explained his request to pause outpost construction, saying at the weekly meeting of the Religious Zionism party:

“Our ambition is not to have to resort to illegal measures. We want the government to officially adopt a policy of recognizing all the communities in the settlements and also, of establishing new communities, in line with natural growth. None of us considers himself above the law. We are the government, and this will take more than a day or two, but I’m convinced that we’ll see substantial changes occurring in the near future.”

A New Settlement: Israel Establishes Tel Zion as Independent Settlement

On February 5th, the Israeli Cabinet approved a plan that will, once implemented, establish a new settlement, Tel Zion, by splitting off the Ultra-Orthodox section of the Kochav Yaakov settlement, located east of Jerusalem. The approval of this plan was delayed from consideration last month while U.S. National Security Advisor Jake Sullivan was in Israel.

The creation of the “Tel Zion” settlement is part of Netanyahu’s coalition deal with the ultra-Orthodox Shas Party, and is also supported by Defense Minister Gallant.

Israeli Government Expected to Advance Atarot Settlement Plan

Peace Now reports that the Netanyahu government appears likely to re-engage a plan to build the Atarot settlement.

The plan for the Atarot settlement, which has existed since 2007, calls for a huge new settlement on the site of the defunct Qalandiya Airport, located on a sliver of land between Ramallah and Jerusalem. In its current form, the plan provides for up to 9,000 residential units for ultra-Orthodox Jews (assuming, conservatively, an average family size of 6, this means housing for 54,000 people), as well as synagogues, ritual baths (mikvehs), commercial properties, offices and work spaces, a hotel, and a water reservoir. If built, the Atarot settlement will effectively be an Israeli city surrounded by Palestinian East Jerusalem neighborhoods on three sides and Ramallah to its north. Geopolitically, it will have a similar impact to E-1 in terms of dismembering the West Bank and cutting it off from Jerusalem. For more on the Atarot settlement plan, please see here.

The Atarot settlement plan was last considered in 2021 when Naftali Bennet was Prime Minister, but was delayed from consideration by the planning committee – reportedly at the urging of U.S. Secretary of State Blinken. The Committee delayed advancement of the plan by ordering an environmental study which was expected to take about one year. Notably, in ordering the study, the Court made it clear that the environmental study is “standard practice” and expressed support for the underlying plan, saying it believes the plan represents a proper use of unutilized land reserves.

Peace Now said in a statement:

“This is a highly dangerous plan that could land a fatal blow to the prospect of peace and two states. The Atarot plan puts a wedge in the heart of the existing Palestinian urban continuum between Ramallah and East Jerusalem, thus preventing the possibility of establishing a Palestinian state with its capital in East Jerusalem. If the plan is not removed from the agenda of Israel´s far-right and pro-settler government, an eventual political resolution will become even harder to reach.”

Court Grants State Two-Month Delay in Khan Al-Ahmar Forced Displacement

On February 7th, the Israeli Supreme Court granted the State until April 2nd – a two month delay when the State had requested four months delay – to submit a plan to forcibly remove the Khan Al Ahmar bedouin community (a war crime) from its lands just outside of Jerusalem. The Court also set May 1st as the date for a final hearing on a petition submitted by the Regavim settler group demanding the immediate removal of Khan Al-Ahmar.

As with previous delays (there have been a total of 9), the Court expressed its extreme displeasure with the State’s foot dragging. Justice Noam Sohlberg said in his ruling:

“Suffice it to say that we are not at all satisfied with the conduct of the state…[the state’s behavior demonstrates] the existing situation is comfortable for it: Once every few months it files a request for an extension, which the petitioner opposes and the court accedes to through gritted teeth, and the world carries on as normal; deciding not to decide.”

In a statement revealing its ideological motivations, Regavim wrote:

“The government should formulate a working plan for the enforcement of the law in Khan al-Ahmar, as part of a fight against the Palestinian Authority’s institutionalized takeover of open areas in Judea and Samaria. The State of Israel must behave like the owner of the house, even in the face of American pressure, otherwise no one in the world will take it seriously.”

Israeli Cabinet Prepares for Vote to Amend 2005 Disengagement Law, Legalize Homesh Outpost & Yeshiva

The Israeli Cabinet’s Ministerial Committee on Legislation is expected to vote to amend the 2005 Disengagement Law at its February 12th meeting in order to pave the way for the reestablishment of four settlements in the northern West Bank. Jerusalem Post reports that the measure is expected to have enough support to be approved by the Cabinet and passed by the Knesset.

If passed, the bill will allow Israel to grant retroactive legalization to the Homesh outpost and yeshiva – reestablishing Homesh as a fully legal, under Israeli law, settlement. The retroactive legalization of Homesh was agreed to in coalition agreements that formed the current Israeli government.

The vote comes as the government faces a deadline from the High Court to submit its position on the court-ordered evacuation of the illegal yeshiva settlers built at the site of the dismantled Homesh outpost. The State has, for nearly three years, delayed its response to a 2019 petition filed by Yesh Din seeking the removal the illegal Homesh outpost and yeshiva, as well as guarantee the site’s return to its Palestinian landowners. Despite Homesh being dismantled in 2005, Israel never permitted Palestinians to regain access to or control of the land, declaring it a closed military zone. That status has prevented Palestinians from entering the area, while allowing settlers to routinely enter and (illegally, under Israeli law) inhabit the land, even (illegally) establishing a yeshiva there. That yeshiva, according to the Israeli NGO Kerem Navot, has become one of the West Bank’s “hardcore centers of settler terror”. Settlers have also wreaked terror on nearby Palestinian villages, most notably Burqa and Sebastia. One Israeli politician even went so far as to say that settlers are “carrying out a pogrom” in Burqa.

Bibi Pitches Massive Tunnel Construction in West Bank to French Investors

The Times of Israel reports that Netanyahu held a meeting with investors to pitch a massive construction project that would see highspeed tunnels be carved into the terrain throughout the West Bank in order to connect Israeli settlements together, and have more seamless access to Jerusalem and Tel Aviv. The underground highways would be designed in such a way to provide so-called “transportational contiguity” for both Israelis and Palestinians, in lieu of territorial contiguity for the latter (an idea endorsed in the Trump plan). The tunnel vision would effectively annex the settlements to Israel, and entrench a separate but unequal transportation grid that severely limits Palestinian freedom of movement, access to land, and more. The Israeli notion of “transportational contiguity” is put forward as an alternative to “territorial contiguity” which is no longer possible for Palestinians because of Israeli settlements, infrastructure, and control. The notion also gives permission to Israel for further settlement growth.

Smotrich Resigns, Brings Criminal Settler into Knesset

Finance Minister Bezalel Smotrich formally resigned his seat in the Knesset in order to focus his time on his Ministry postings, which not only include head of the Finance Ministry but also as a key minister within the Defense Ministry in control of the Civil Administration. Upon his resignation, the vacant Knesset seat has been filled by the next name on the Religious Zionist Party slate, and that happens to be Zvi Sukkot – a hardline settler who is one of the founders of Evyatar outpost.

Sukkot lives in the Yitzhar settlement – a hotbed of settler extremism and violence, the home of the notorious “Hilltop Youth” movement that has terrorized the Nablus region. He has been arrested on suspicion of arson in a 2010 attack on a Palestinian mosque. In 2012, he was temporarily banned from the West Bank on suspicion that he was orchestrating attacks on Palestinians.

Bonus Reads

“In West Bank, Settlers Sense Their Moment After Far Right’s Rise” (New York Times)
“Israel steps up Jerusalem home demolitions as violence rises” (AP)
“From This Hill, You Can See the Next Intifada” (The Atlantic)
“Threat Still Looms Despite Postponement of Largescale Wadi Qaddum Demolition” (Ir Amim)
“ICJ sets July 25 for submission on illegality of Israel’s ‘occupation’” (Jerusalem Post)

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

To subscribe to this report, please click here.

January 27, 2023

De Facto Annexation in action: Bibi Confirms that Smotrich Now Runs the West Bank

The battle over a newly-established illegal outpost has provided the first concrete look at the extent to which the new Israeli government has handed authority over the West Bank to radical, pro-annexationist Minister of Finance Bezalel Smotrich (Religious Zionism party).

The outpost was established January 19th, ostensibly to honor the recently deceased Rabbi Chaim Druckman, a longtime leader of the settler movement and a defender of violent Jewish extremists. It was established near the Migdalim settlement in the northern West Bank, to the east of the Ariel settlement.

On January 20th the outpost was dismantled by the IDF at the direction of Defense Minister Yoav Gallant (Likud) with the approval of Prime Minister Netanyahu. Notably, that same day Netanyahu was hosting U.S. National Security Advisor Jake Sullivan. That dismantling took place in defiance of an order from Bezalel Smotrich, acting in his capacity as a key official in the Defense Ministry with vast powers over the Civil Administration specifically over civilian matters such as illegal construction (in addition to his role as Finance Minister). Smotrich’s order, which was overruled by Gallant, sought to leave the outpost untouched while the situation was debated by government officials.

In response to the outpost being dismantled not once but twice (hundreds of settlers reestablished the outpost within 2 days of the first demolition), Smotrich and his allies boycotted the weekly Cabinet meeting, forcing Netanyahu to convene at least two separate meetings (on January 23 and 24) to resolve the clash between Gallant and Smotrich.

With the visit of a top U.S. official over, reports on January 26th suggest that Netanyahu is now siding with Smotrich. In so doing, Netanyu is confirming his support for a new status quo in the Defense Ministry in which authority in the West Bank is divided between Smotrich and Gallant. Smotrich will be in charge of “civilian” matters — including the fate of illegal outposts, issues related to settlements, and, of course, all aspects of the lives of Palestinians; Gallant’s authority in the West Bank will be over “security” matters. Minister Gallant has made it clear that he opposes this new division of authority within his ministry, and Defense Ministry legal advisors have cautioned Netanyahu that transferring powers to Smotrich could be seen by the international community as annexation. In response, Netanyahu has ordered a legal opinion on the proposed division.

Smotrich has been clear regarding his intention to use the powers he appears to now enjoy within the Defense Ministry to reduce Israeli enforcement against illegal settler construction, and to increase Israeli enforcement against “illegal” Palestinian construction [as a reminder: Israel only rarely gives Palestinians permission to build on their own private land in Area C, meaning that in the eyes of Israeli authorities, virtually all Palestinian construction in Area C is illegal and can/should be demolished].

In addition to laying bare a fight over authority in the new government, the battle over this whole ordeal also re-affirmed the consensus – and enthusiasm – in Israel’s ruling class, both those in and those in opposition – in support of demolishing Palestinian construction in Area C. Indeed, in a revealing Twitter exchange, Netanyahu and former Defense Minister Benny Gantz literally fought for credit for demolishing the more Palestinian structures.

With Top U.S. Official In Country, Netanyahu Delays New Settlement Plan

On January 19th – while U.S. National Security Advisor Jake Sullivan was in Israel for talks with Netanyahu – the Israeli government removed an item from its weekly agenda consideration of the approval of a new settlement on the periphery of Jerusalem. The new settlement is to be created by splitting off an ultra-Orthodox neighborhood of the Kochav Yaakov settlement, and turning it into its own settlement, to be called “Tel Zion.” The creation of the “Tel Zion” settlement is part of Netanyahu’s coalition deal with the ultra-Orthodox Shas Party. The Times of Israel suggests the plan – which in addition to being agreed to by Netanyahu is also supported by Defense Minister Gantz – was removed from last week’s agenda apparently to avoid friction with the U.S., meaning that with Sullivan gone, the plan is likely to be brought forward for approval imminently.

Coalition Deal Includes Unilateral Annexation of West Bank Archaeological Sites

Emek Shaveh reports new details on the coalition deal between the Likud and Jewish Power parties, including the allocation of over $40 million (NIS 150 million) to fund a “National Emergency Plan” under which Israel must take control of heritage sites across the totality of the West Bank, without regard to the Oslo-defined Areas A, B, and C.

Settler groups, including the “Guardians of the Eternity” and the “Shiloh Forum”, have been pushing the government to proceed with taking control of heritage sites, which the groups claim are being vandalized and destroyed by Palestinians.

Emek Shaveh said in a statement:

“Netanyahu’s government, with the aid of the Shiloh Forum (and Kohelet), continues to confuse science with messianism, heritage with rightful ownership, and cultural affinity with ethnic supremacy. The destruction of sites, whether genuine or imagined, must not be used as rationale for political action, and political action must not be disguised as heritage conservation. We will make clear that blurring the boundaries between research and protection (of sites) and settlement and annexation, constitutes a gross violation of the prevailing ethics in the field heritage and the stipulations in international law regarding cultural property in occupied territories. Such violations not only endanger the future of heritage sites, but also expose Israel to professional and political isolation.”

As FMEP has chronicled, settlers and their allies are intent upon using claims of Palestinian damage/neglect as a pretext for Israel taking control of archaeological sites and artifacts across the West Bank. For example, in February 2021 settlers used a construction mishap to raise claims to the Mt. Ebal site.

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

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

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

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

Concern Grows that New Gov Will Proceed with Mount of Olives “Park” Plan

+972 Magazine reports that activists and experts are increasingly concerned that the new Israeli government will resurrect a plan to declare vast areas of East Jerusalem – including prized religious sites on the Mount of Olives and entire Palestinian neighborhoods – as part of an Israeli national park, with huge consequences for churches and Palestinians. Activists fear that, in addition to the immediate consequences for residents and property owners, the government intends to subcontract management of the new national park to the radical settler group Elad. This is precisely what the government of Israel did with so-called City of David National Park, which, under Elad’s stewardship, has had devastating impacts on Silwan residents.

Sari Kronish, and urban planning expert with the NGO Bimkom explained:

“Of course a national park is not a bad thing in principle, but in East Jerusalem the designation is used as a tool to prevent development of Palestinian neighborhoods”

The plan to create the Mount of Olives National Park was first revealed in February 2022, but postponed by the government at the time, with a promise that the plan will not proceed until the Churches with equities in the area have been consulted. The Israel Nature and Parks Authority told +972 Magazine that these consultations have begun but are not complete. The agenda item has not been totally shelved, but instead repeatedly delayed, landing the item on the August 2023 agenda (barring further delay).

Jerusalem expert Daniel Seidemann told +972:

“There is no innocent interpretation as to why to put a national park [on the Mount of Olives], except for the fact that the settlers in general, and the settler movement Elad in particular, covet the properties and areas in the visual basin around the Old City. This all comes within a context … [of] an attempt by the government of Israel, together with the settlement movement … to create an Israeli land bridge from the [state-protected] ‘green area’ on Mt. Scopus through Sheikh Jarrah, with biblically-motivated settlements and settlement activities. We have already seen that on the north flanks with the encirclement of the Sheikh Jarrah area.”

Palestinians Protest Settler Cultivating Land Near Ramallah

Haaretz reports that a settler from the Ofra settlement has recently begun illegally cultivating a large plot of land (130 dunams/32 acres) near Ramallah, on the West Bank side of the Israeli separation barrier. In a statement to Haaretz, the Civil Administration said that it had not permitted any activity on the land and would investigate.

The settler’s actions have sparked a significant response from the local Palestinian community because, in order to reach the land, the settler and the heavy equipment being used to work the land must travel through Palestinian villages. Palestinians have begun staging weekly protests at the site, and the village council of the Palestinian village of Qalandiya issued a warning that it would report the names of Palestinians found working at the site to the Palestinian Authority.

The plot of land in question is land that pre-1948 had a Jewish owner. It was taken over by the Israeli government in 1967; the Israeli government gave it to the World Zionist Organization in 1997; the WZO then gave it to the Ofra settlement, which never used or cultivated the land, but in 2019 purportedly gave the land to one of its residents, Assaf Shapira. Notwithstanding that action by the settlement, in July 2022 the Civil Administration notified Ofra that the allocation of the land to the settlement had been canceled.

Dror Etkes – the founder of the settlement watchdog group Kerem Navot – told Haaretz:

“Ofra’s settlers waited four decades before taking control of these lands. The timing isn’t a coincidence and reflects the spirit of the sixth Netanyahu government. It’s an apartheid government that will continue to act in full force in this enterprise which seeks to make the West Bank and its residents work for the benefit of a violent minority of settlers.”

Bonus Reads

“Israel’s Knesset Extends West Bank Emergency Orders by Another Five Years” (Haaretz)

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

December 4, 2020

Israeli Courts OK (Again) Settlers’ Mass Displacement of Palestinians from Silwan, Eviction Notices Issued to 8 Palestinian Families
Har Homa E Settlement Plan Approved for Deposit
High Court Rules Against Ottoman Land Registration Laws, Paving Way for More Retroactive Legalizations and Presaging Ugly Land Registration Battle
Planning Committee Rejects Appeal Against Overtly Political Hebron Elevator Project
Likud Minister Calls For Israel to Enforce “Symmetry” of Construction in Area B + C of West Bank
Benny Gantz Make Clear His Support for Retroactive Legalization of Outposts on “State Land”
Bahrain: No Annexation. Also Bahrain: Settlements Are Israel
Aid to Amb. Friedman Appointed to Key Post, Will Stay In Control of U.S. Normalization Programs
Bonus Reads

Questions/Comments? Email Kristin McCarthy (kmccarthy@fmep.org).

Israeli Courts OK (Again) Settlers’ Mass Displacement of Palestinians from Silwan, Eviction Notices Issued to 8 Palestinian Families

On November 30th, eight Palestinian families (45 individuals) received eviction notices ordering them them to vacate their longtime family homes as early as December 18, 2020, and if they do not they may be forcibly removed by Israeli forces any time between December 18, 2020-January 1, 2021. Ir Amim reports that the families intend to appeal to the Israeli Supreme Court, but there is no guarantee that the Court will agree to hear the case.

The issuance of eviction notices follow two significant court rulings on cases in late November 2020. In both cases, Israeli courts sided with the Israeli settler group Ateret Cohanim in seeking the eviction of a total of eight Palestinian families (45 individuals) from their long time homes in the Batan al-Hawa section of Silwan, located on the southern slope just outside of the Old City in East Jerusalem. The rulings further consolidate growing Israeli case law recognizing Ateret Cohanim as the legal owner of a significant amount of land in Silwan (and the buildings on it), entitling the group to pursue the eviction of as many as 700 Palestinians who in many cases have lived on that land for generations. If executed, this would be the largest displacement of Palestinians from East Jerusalem since 1967.

Ir Amim explains:

“The Ateret Cohanim settler organization is waging one of the most comprehensive state-backed settler takeover campaigns in East Jerusalem through initiating mass eviction proceedings against Palestinian families in Batan al-Hawa. Eighteen families have already lost their homes with over 80 other households facing eviction demands, placing some 600-700 individuals of one community at risk of displacement. See Ir Amim’s and Peace Now’s joint report, “Broken Trust” for further details and analysis.

Peace Now said:

“This is an attempt to displace a Palestinian community and to replace it with an Israeli one, in the heart of a Palestinian neighborhood in East Jerusalem. The settlers could not have succeeded without the Israeli authorities’ close support and assistance. In addition to the hard blow to the prospects for a two-state solution by preventing a Palestinian capital in East Jerusalem, this is an injustice and an act of cruelty to throw out families who have lived lawfully in their homes for decades. For every dunam in East Jerusalem that was owned by Jews and had been lost in the 1948 war, there are tens of thousands of dunams in Israel that were owned by Palestinians who lost them in the 1948 war. The settlers’ demand to disposes the Palestinians based on pre-1948 ownership is a strategic threat on the moral justification of hundreds of thousands of Israelis living on lands that were owned by Palestinians.”

As a reminder, Ateret Cohanim has waged a years-long eviction campaign against Palestinians living in Silwan, on property the settler NGO claims to own. This claim is based on Ateret Cohanim having gained control of the historic Benvenisti Trust, which oversaw the assets of Yemenite Jews who lived in Silwan in the 19th century. Palestinians have challenged the legitimacy of the Benvenisti Trust’s claims to the currently existing buildings, saying that the trust only covered the old buildings (none of which remain standing) and not the land. Israeli Courts have continued to rule in support of Ateret Cohanim’s claims and against Paelstinians who have been living there for decades. Taking a different approach, in June 2020 Palestinians filed a new petition challenging the legality of the functional operations of the Trust/Ateret Cohanim, asserting that Ateret Cohanim is using the Benvenisti Trust as nothing more than an (illegal) front for displacing Palestinians, pointing out that the trust does not have a separate organizational structure, bank account, lawyer, or accountant – and that Ateret Cohanim has folded the operations of the trust into its own operations and there is no distinction between the management or assets of the two entities.

As a reminder, in 2001 the Israeli Charitable Trust Registrar granted Ateret Cohanim permission to revive the trust and become its trustees, (following 63 years of dormancy). In 2002, the Israeli Custodian General transferred ownership of the land in Batan al-Hawa to the Trust/Ateret Cohanim. Since then, Ateret Cohanim has accelerated its multifaceted campaign to remove Palestinians from their homes, claiming that the Palestinians are illegally squatting on land owned by the trust.

Har Homa E Settlement Plan Approved for Deposit

As expected, the Jerusalem District Planning Committee approved for deposit for public review the Har Homa E settlement plan which provides for the construction of 540 units on an open area of land which will significantly expand the Har Homa settlement to its west, tightening the noose around the Palestinian neighborhood of Beit Safafa in East Jerusalem.

The plan has been approved for deposit but as of this writing not yet deposited; Ir Amim predicts the Committee will deposit the plan in short order in light of the impending U.S. presidential transition. Once deposited, a sixty day comment period begins after which the Committee can reconvene to issue final approval for the plan. Ir Amim writes:

“As demonstrated by the swift developments in plans for Givat Hamatos and Har Homa E, it is likely that Israel will continue to exploit this narrow window of time before the US presidential inauguration to advance further measures the Biden administration is anticipated to oppose, including advancements in the E1 area.”

The plan for 570 units currently set for deposit represents the first detailed plan under a much larger Master Plan for Har Homa E, which involves a total of 2,200 units. Plans to build the remaining units permitted under the Master Plan are not yet being advanced.

The construction in Har Homa E will solidify a continuum of Israeli settlement construction within the southern perimeter of East Jerusalem – from Har Homa, to Givat Hamatos, to Gilo – detaching East Jerusalem from Bethlehem and completing the encirclement of the Palestinian East Jerusalem neighborhood of Beit Safafa.

High Court Rules Against Ottoman Land Registration Laws, Paving Way for More Retroactive Legalizations and Presaging Ugly Land Registration Battle

On December 1st, the Israeli High Court of Justice issued a ruling that provides yet another basis on which the State is permitted to grant retroactive legalization to outposts and settlement structures built on Palestinian land in the West Bank. The ruling also, and perhaps even more significantly, establishes the Court’s willingness to sidestep Ottoman and Jordanian land registration practices when deciding land ownership claims (which since 1967 Israel has recognized as applicable in the West Bank and East Jerusalem) . This latter fact is particularly alarming given Israel’s reported intention to begin a new land registration process in the West Bank and East Jerusalem.

The specific case before the Court related to structures in the Kochav Yaakov settlement built on land that was declared to be “state land” by Israel in 2013. Palestinians petitioned the Court to reverse the state land declaration, arguing that they are the rightful owners of land. Their ownership claims are based on their having cultivated the land for at least ten years prior to 1967, and the fact that they were in the process formally registering their ownership of that land through the Jordanian real estate registration procedure – a procedure that was frozen by Israel shortly after it occupied the West Bank.

The lawyer representing the Kochav Yaakov settlement, Harel Arnon, argued that the Court should care more about what has happened on the land since the Jordanian land registration process was frozen, not on what existed at the moment the law was frozen. This argument, by design, favors the settlements and the settlers, who have been able – with the backing of the state and the permission of the Courts – to illegally establish settlements and outposts while also preventing Palestinians from accessing their land.

Rejecting the significance of the Palestinians’ attempt to register their ownership of the land under Jordanian law (which was still in process and not complete at the time the process was frozen by Israel), the Court ruled on the basis of aerial photos which showed the land was not cultivated between 1969-1980. The ruling punishes Palestinians who, having cultivated land during the period before Israel’s occupation of the West Bank, did not (and likely could not) continue to cultivate that land following the 1967 war. It establishes a new legal precedent according to which Palestinians who established land ownership under Ottoman law through the cultivation of that land for 10 years, can now have that ownership declared “lost” if they have subsequently left the land uncultivated for three or more years.

Shlomi Zacharia, a lawyer from Yesh Din that is representing the Palestinian petitioners, explained:

“The ruling offers a wide opening for a huge takeover of Palestinian land, and in effect this is a cancellation of Jordanian regularization procedures, just at a time when Israel is interested in renewing regularization procedures. The ruling contradicts itself on numerous points, and fails to address the huge complexity of the issue, certainly in light of the fact that the area is occupied territory. The undermining of Palestinian rights, with an emphasis on absentees, but not exclusively, is major, and it is evident that the court is aware of that but chooses nevertheless to approve a practice that already four decades ago was ruled illegal.”

After the court decision on Tuesday, Israel was reportedly planning to legalize two additional outposts, Netiv Ha’avot and Sde Boaz, as well as structures in as many as 20 settlements, using the same legal basis.

The Netiv Ha’avot outpost, in particular, has a long history of being at the forefront of Israel’s hand-wringing over its desire to retroactively legalize even outposts clearly built on land that even Israel recognizes is privately owned by Palestinians. See Peace Now’s comprehensive recap of the Netiv Ha’avot saga, in addition to FMEP’s reporting.

Planning Committee Rejects Appeal Against Overtly Political Hebron Elevator Project

On November 19th, the Israeli Civil Administration’s High Planning Council rejected two appeals against a plan to build accessible infrastructure, including an elevator, at the Ibrahimi Mosque/Tomb of the Patriarch in Hebron — a plan which requires Israel to seize land from the Islamic Waqf. The Israeli NGO Emek Shaveh, which was behind one of the rejected petitions, raised several objections to the plan’s archeological and planning deficits. The Palestinian Municipality of Hebron submitted a second objection (now rejected) citing how the plan and Israel’s advancement of it violates agreements signed by Israel relating to governance and planning in Hebron.

Emek Shaveh announced that it will not pursue further legal appeals against the plan, citing the consequences of a law passed by the Knesset in July 2018 which brought West Bank land disputes under the domestic jurisdiction of the Jerusalem District Court. Before the passage of that law (and since 1967), the court of first jurisdiction for cases related to Palestinians living in the West Bank — such as cases in which Palestinians want to challenge State actions (and inactions) regarding planning and construction, travel permits, freedom of information, and freedom of movement — was the Israeli High Court of Justice, reflecting the extraordinariness of Israeli judges issuing extra-territorial legal rulings. The 2018 law stripped Palestinians of this direct avenue to the High Court of Justice and compelled Palestinians living in the West Bank to file petitions with the Jerusalem District Court. The High Court of Justice now only hears Palestinians’ cases on appeal from the district court, adding more time and higher costs to any potential appellant. In a statement, Emek Shaveh said that it fears that if it brings this specific case to the Jerusalem District Court – which has a clear pro-settlements bent, openly manufactured by former Justice Minister Ayelet Shaked – it risks setting a “dangerous precedent for building at holy sites.”

Emek Shaveh further said:

“Following a prolonged process which revealed that the plan to build a lift at the most important ancient site in the West Bank was approved without serious attention to the historical, archaeological, and architectural aspects, the Civil Administration has decided to approve the plan. The frequent statements by politicians that they had instructed the planning bodies and the Civil Administration to approve the plan as soon as possible, and the speed of the approval process do not leave any room for doubt that political motivations were driving of this decision. The decision to violate the status quo of the fragile arrangements between Israel and the Palestinians may have long-term implications. Unfortunately what happens in Hebron does not remain in Hebron. Often, the dynamics at the Tomb of the Patriarch correspond with developments at the Temple Mount/Haram al-Sharif in Jerusalem. The approval of the plan and the involvement of politicians in the planning processes could constitute a precedent that will impact other sites. We have looked into our legal options and decided not to pursue a petition to the Jerusalem District Court. In the past, petitions pertaining to the West Bank were discussed at the High Court of Justice, but this is no longer the case. It is our understanding that a hearing at the Jerusalem District Court will not improve our chances of reversing the plan and may even create a dangerous precedent for building at holy sites.”

Benny Gantz Make Clear His Support for Retroactive Legalization of Outposts on “State Land”

Two noteworthy events over the past week have led Israeli Defense Minister Benny Gantz (Blue & White) to clarify his position with respect to support for granting retroactive authorization to some of the 124 outposts and settlement structures that were built without Israeli authorization. The events highlight a growing division within the Blue & White Party, which was previously seen as representing a liberal-centrists ideology within the currency (crumbling) coalition government.

First, on November 25th, Israeli Community Affairs Minister Tzachi Hanegbi (Likud) announced that he is working with Blue & White Defense Ministry official Michael Biton to prepare a government decision to grant authorization to the outposts. Hanegbi’s insinuation that Blue & White is advancing a plan to issue a broad authorization for illegal outposts elicited a contradiction from Biton, who quickly distanced himself (and his party) from Hanegbi’s comments, insisting that he would only consider a decision that has the support of Israeli Attorney General Avichai Mandelblit and that Hanegbi did not coordinate the announcement of that project with him.

Following that incident, Israeli Minister of Diaspora Affairs Omer Yankelevich (Blue & White) caused even more controversy when she not only offered her support for the retroactive authorization of settlements to a crowd of pro-settlement protestors, but also told the protestors – who were gathered outside of the Prime Minister’s office to push for outpost regulation – that Benny Gantz supports the move as well.

Yankelevich’s comments resulted in a discussion of the matter at the recent Blue & White faction meeting, during which Gantz reportedly clarified for members of his party that he only supports granting retroactive legalization to outposts built on “state land.” Gantz also said that Michael Biton’s work concerns sorting out what outposts are built on state land and which have more complicated land ownership claims (i.e., outposts built on land that even Israel has been forced to recognize is privately owned by Palestinians).

The statements and reports about Blue & White party members over the past week suggest that Gantz’s party has lined up behind the position of Attorney General Avichai Mandleblit (known as “market regulation”) which is not as sweeping as most settlers would like to see, but nonetheless stands to see some 2,000 illegal structures magically become legal.

Adding to the crescendo of voices pushing for Netanyahu to act on outpost legalization, longtime right-wing settlement supporter and Yamina party leader Naftali Bennett called on Netanyahu to issue the approval swiftly. Politically, Bennett is on the ascent according to Israeli public polling, and is predicted to gain seats for his right wing alliance if new elections are indeed held. Clearly politicizing his position, Bennett said:

“There are more than 60 fledgling settlement communities…The Prime Minister promised in public to apply sovereignty over every settlement, but in practice hasn’t extended sovereignty over a single inch [of Judea and Samaria]….Don’t be afraid. They tried to scare me off of approving the establishment of a new neighborhood in Hebron, but I made the decision, ending 20 years of a building freeze. We are currently in a window of opportunity that will be closing. For years we heard all sorts of excuses. But the truth is, the decision is up to the prime minister.”

Likud Minister Calls For Israel to Enforce “Symmetry” of Construction in Area B + C of West Bank

During a tour of Area C in the West Bank – where settlers and their allies allege that the Palestinian Authority is orchestrating a brilliantly effective campaign to “steal” land from Israel – Likud MK and former Mayor of Jerusalem Nir Barkat said that Israel should not only undertake a concerted effort to stop Palestinian construction in Area C but should enforce “symmetry” in Area B construction as well, enabling equal construction by settlers and Palestinians.

As a reminder, Area B (in which Israel retains security control, but the Palestinians have civilian control) makes up some 21% of the West Bank; Area C (in which Israel retains full control) accounts for around 60% of the West Bank. In effect, Barkat is calling for Israel to treat Area B the same as it treats Area C — that is, to assert settlers’ right to build on fully 81% of the West Bank (meaning all of the West Bank except Area A, the 18% of the West Bank comprised of the narrowly-defined built-up area of Palestinian cities and adjacent villages).

Barkat said:

“Today’s tour showed me that we need to perform a large series of actions to make sure that in the open areas, both in Area C and in Area B and in Judea and Samaria in general, there is symmetry between the activities we do and those of the Palestinians. It cannot be that one side blatantly builds in the open spaces and the other side converges inward into the settlements. This is unthinkable. In Jerusalem I was very strict about symmetry. What is good for Jews is good for Arabs. When you go up here you can also go up there. This symmetry is the key to success in looking ahead. I’m glad I was here today on the tour. I’m happy about the determination and what I saw. I will do everything I can with the tools I have, to see how they take the plan I made, the Barkat development plan for two million people for settlement. On this plan should now be added a second phase. Make sure the open spaces aren’t no man’s land. That Israelis and Palestinians use it appropriately – either no one uses or both sides use it symmetrically. This will be a key to what we need to do going forward.”

Bahrain: No Annexation. Also Bahrain: Settlements Are Israel

In a not-so-surprising yet shocking announcement, a senior Bahraini official announced that Bahrain will not differentiate between Israel and its settlements, in effect recognizing Israeli sovereignty in the West Bank. The Bahraini announcement – which relates to how Bahrain will require Israel to label goods imported into the country – follows the significant shift in U.S. policy on labelling a few weeks ago. With respect to settlement products, Bahraini Industry, Commerce and Tourism Minister Zayed bin Rashid Al Zayani said:

“we will recognize them as Israeli products. And all Bahraini products, hopefully, will be recognized in Israel as Bahraini products. I don’t see, frankly, a distinction on which part or which city or which region it was manufactured or sourced from.”

Efrat settlement leader Oded Revivi rejoiced at Bahrain’s support for settlements, saying:

“Now we must adopt this view with our neighbors within and without Israeli borders. Buying products from Judea and Samaria strengthens the joint industrial areas, brings together cultures and actually strengthens peace. This is a message to Israelis and the world.”

Aid to Amb. Friedman Appointed to Key Post, Will Stay In Control of U.S. Normalization Programs

Rabbi Aryeh Lightstone – who has served as a key aide to Ambassador David Friedman – has been installed as the Director of the Abraham Fund, a new investment fund that is the direct outgrowth of the normalization agreement signed by the U.S, Israel, and the UAE. Prior to serving in government, Lightstone was a prominent fundraiser for the radical far-right, proto-fascist Israeli group Im Tirtzu. Im Tirtzu makes it its business to attack and smear human rights organizations, accusing groups like the New Israel Fund and Breaking the Silence (and the individuals who work there) of being anti-Israel and seeking to defund them.

The fund is supposed to serve as the vehicle by which the U.S. advances business ties and investments between Israel, the U.S., and the Arab world – and has already raised $3 billion. The Fund, according to JTA, has been directly attached to the U.S. International Development Finance Corp (DFC), the U.S. government’s development bank. The relationship between the Fund and the DFC has already alarmed at least one Democratic Senate aide, who told JTA that the DFC must act in a strictly non-political manner, whereas the Abraham Fund is already engaging in highly political issues with its first project devoted to “modernizing” checkpoints across the West Bank.

JTA reports that Democrats in Congress are alarmed at Lightstone’s appointment to this post because it is a career government role, not a position which can be easily replaced by the incoming Biden Administration. Lightstone’s leadership at the Abraham Fund is clearly an effort to ensure that the Trump Administration’s legacy of pro-settlement, pro-annexationist policies will continue to be a part of how the U.S. will engage the region.

Bonus Reads

“Trump administration to name political appointee with ties to Israel’s right wing to Middle East development post” (JTA)
“Inside Trump and Netanyahu’s ‘end of season’ settlement bonanza” (+972 Magazine)
“Israel and PA push for control of West Bank’s Area C via land registration” (Jerusalem Post)
“Eight climate activists arrested in protest against new West Bank industrial zone” (+972 Magazine)
“Palestinians voice concern over new colonial settlement in Hebron’s Old City” (Wafa)
“Jerusalem cable car taken to Israel’s highest court” (Al-Monitor)
Would Trump Recognize Israeli Sovereignty in East Jerusalem? – analysis” (Jerusalem Post)
“Trump-Heights settlement in Golan here to stay” (Al-Monitor)
“A Life Exposed: Military invasions of Palestinian homes in the West Bank” (Yesh Din, Physicians for Human Rights – Israel, Breaking the Silence)

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

October 16, 2020

No Annexation, No Problem – Israel Advances Nearly 5,000 New Settlement Plans, Including New Settlement South of Jerusalem
Plan for 570 Units in East Jerusalem Settlement Approved for Deposit
Israel Approves Construction of Elevator at Tomb of the Patriarchs
Israel Delivers Confiscation Notices to Palestinians Living in the Heart of Hebron
Palestinians Report Newly Established Outposts & Land Confiscations
Targeting Palestinians Construction in Area C: State Devotes $6 million to Mapping Program
In First, Palestinian Authority Courts to Hear Lawsuits Against Settlers
NF, Elad Face International Heat Over Sumarin Family Eviction Case – Will it Matter?
Report: U.S. Will Not Back De Jure Annexation Until 2024 [Friedman Says 2021 in Play]
Bonus Reads

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

No Annexation, No Problem – Israel Advances Nearly 5,000 New Settlement Plans, Including New Settlement South of Jerusalem

Overview

During meetings held October 14th and 15th, the Israeli High Planning Council advanced plans for a total of 4,948 new settlement units. Of that total, plans for 2,688 units were granted final approval and plans for 2,260 units were approved to be deposited for public review (a late stage in the planning process). The latter approvals include a plan to build a new settlement, “Har Gilo West,” just beyond Jerusalem’s southern border. In addition, the Council granted retroactive approval to 340 existing illegally-built settlement units in the unauthorized outposts of Peni Kedem and Tapuach West, paving the establishment of two new official West Bank settlements (through post-facto legalization of the illegal outposts).

These were the first meetings of the High Planning Council since February 2020, at which time settlement planning was put on pause in favor of attempting to implement annexation plans as designed by Trump’s “Deal of the Century.” Under annexation, authority over the settlement planning/approval process could have been shifted from the Israeli Civil Administration (the branch of the Israeli Defense Ministry, in charge of the administration of affairs in the West Bank, – i.e., Israel’s occupation) into Israel domestic planning mechanism. Such a shift has long been a goal of settlers and their political allies.

In addition to advancing construction of new residential settlement units, the High Planning Council also advanced plans for the construction of new settlement projects that support tourism, further entrench the permanency of settlements, and that continue the exploitation of West Bank land and resources.

Record-Setting Settlement Activity in 2020

With the huge advancement of settlement plans this week, the Israeli government has advanced plans for 12,159 settlement units so far in 2020. With over two months to go, the settlement watchdog group Peace Now reports that this is already the highest total number settlement advancements in any year since Peace Now began tracking totals in 2012. Peace Now also reports that it is possible that the High Planning Council will convene one more time before the year ends.

Har Gilo West Approved for Deposit w/ Plan to Seal Off Al-Walajah

The High Planning Council approved for public deposit a plan to build 560 units at the Har Gilo West settlement site, located just south of Jerusalem. The Council is treating this plan as merely an expansion of the existing Har Gilo settlement, but in actuality it represents the construction of a new settlement on Jerusalem’s southern border, as the two areas of construction (Har Gilo and Har Gilo West) would not be contiguous. The plan for 560 units in Har Gilo West is part of a larger plan to construct around 952 units in the new settlement, extending the its borders right up to the Jerusalem municipal boundary, with dire consequences for the long-beleaguered Palestinian village of Al-Walajah.

The discussion on October 14th further revealed that, in order to build Har Gilo West, Israel plans to extend the separation barrier in that area to completely encircle al-Walajah, which is surrounded on three sides by the separation wall already. The new section of the barrier would be a 7-meters high concrete slab along the western edge of the built-up area of Al-Walajah. That would leave Al-Walajah completely encircled by the separation barrier and Israeli construction beyond it.

Ir Amim explains:

“In the past decade a series of Israeli moves have taken over more and more of Al-Walaja land and gradually isolating it. These are now culminating with the intention to construct the new settlement on the land reserves on the western side of Al-Walaja and to extend the separation barrier so as to complete the encircling of the village. As Al-Walaja will turn into an isolated enclave which lacks an outline plan its residents will be especially vulnerable to increasing home demolitions and other Israeli sanctions. Since the village will separate the new settlement from the existing Har Gilo we are likely to see increasing Israeli actions against Al-Walaja and its residents which will put their future existence at risk.”

Peace Now writes:

“The current plan of 952 housing units to be advanced will create a brand new neighborhood that will be larger than the existing settlement, and will exploit the land cut off by the West Bank barrier to further break up the western Bethlehem metropolitan area, including the land connecting al-Walaja and the town of Battir, as well as Battir and Bethlehem. This land also constitutes some of the only uninhabited fertile land reserves for Bethlehem, which currently is cut off by the West Bank barrier to its immediate north and west.“

FMEP has repeatedly documented various Israeli efforts to seal off al-Walajah from Jerusalem. Residents of al-Walajah have fought the growing encroachment by the nearby Etzion settlement bloc and the Israeli government’s attempt to de facto annex the bloc as part of “Greater Jerusalem.” Ir Amim explains several prongs of this effort, including a particularly unbelievable section of Israel’s separation barrier planned to almost completely encircle the village, to turn its valuable agricultural land into an urban park for Jerusalem, and construction of a highway that will connect the Etzion settlement bloc to Jerusalem with Israeli-only bypass roads.

Two Outposts Advance Towards Retroactive Legalization

The High Planning Council approved for deposit two plans that would, if implemented, have the effect of retroactively legalizing two outposts – bestowing upon those outposts legitimacy in the eyes of Israeli law and, in effect, establishing two new, official settlements. Those plans are:

Pnei Kedem: A plan to grant retroactive legalization to 120 units in the Pnei Kedem farm outpost by recognizing the outpost as a “neighborhood” of the Metzad/Asfar settlement. This is despite the fact that the two areas of construction are non-contiguous. Pnei Kedem is located halfway between Bethlehem and Hebron in the southern West Bank. Settlers were particularly gleeful about this plan being advanced
Tapuach West: A plan to grant retroactive legalization to 133 units in the Tapuach West outpost, located south of Bethlehem.

Not Just Residential Units – Council Advances Settler Tourism & Infrastructure Projects

The High Planning Council also advanced plans for the construction of new settlement projects that support tourism, further entrench the permanency of settlements, and that continue the exploitation of West Bank land and resources.

The Council granted final approval to:

A plan for new shops and an educational site (to include an agricultural farm) in the Kochav Yaakov settlement – located between Jerusalem and Ramallah; and,
A plan to grant retroactive authorization to a motor park and 120 hotel rooms in the Petza’el settlement, located in the Jordan Valley. As FMEP has covered in the past, this state-of-the-at racetrack and hotel complex is being built partially on land that the Israeli army previously declared a closed firing zone, a designation which resulted in the forcible displacement of Palestinians who lived there. The land remains under this designation today. Rather than halting the construction of this complex, the Israeli authorities instead created a Master Plan for the area in order to enable even more construction in the area.

Plans the Council granted final approval for public deposit include:

A plan for an industrial zone near the Mishor Adumim settlement; and,
A plan to build a new commercial area and 50 hotel rooms in the Maale Adumim settlement;

Location of Approvals

Map by Ben White (@benabyad)

Included in the total number of units receiving final approval and/or retroactive legalization (3,028 units) are (in descending order of number of units): [map]

382 units in the Beit El settlement, located in the heart of the northern West Bank. This includes retroactive legalization for 36 units which had been previously built without authorization and the construction of 346 units in highrise buildings with 9 or 10 floors (building up, not out in Beit El) [as a reminder, US Ambassador to Israel David Friedman has deep ties to the Beit El settlement];
357 units in the Geva Benyamin (Adam) settlement, located just north east of Jerusalem, just beyond the separation barrier. Israel has been steadily building the Adam settlement in a manner meant to unite the settlement more seamlessly with East Jerusalem settlements and infrastructure, erasing the Green Line;
354 units in the Nili settlement, located in the northern West Bank;
213 units in the Shiloh settlement, including the retroactive legalization of 21 units built without required approvals. The Shiloh settlement is located in the central West Bank;
211 units in the radical and violent Yitzhar settlement, including some retroactive authorizations (exact number not specified) as well as approval for public buildings. Yitzhar, located just south of Nablus, is associated with the Hilltop Youth movement – and a string of illegal outposts in the area associated with repeated attacks on Palestinians and their property;
205 units in the Nokdim settlement (actually approved for the Kfar Eldad settlement, which is officially within the jurisdiction of Nokdim), located south of Bethlehem;
200 units in the Metzad settlement (also known as Asfar), including the retroactive legalization of an unspecified number of existing units built without necessary approvals;
160 units in the Kochav Yaacov settlement, located east of Ramallah;
140 units in Kerem Reim settlement – located north west of Ramallah. Peace Now has repeatedly challenged the illegal construction of the Kerem Reim outpost, which the Israeli government retroactively legalized by declaring it a neighborhood of the Talmon settlement even though the areas are non-contiguous. Though a court rejected one Peace Now petition, there is an ongoing case against the Amana settler organization which Peace Now alleges engaged in illegal activities to build the outpost;
132 units in Kfar Adumim settlement – located east of Jerusalem and less than one mile from the Khan al-Ahmar bedouin community which the state of Israel is seeking to demolish;
106 units in the Ma’ale Shomron settlement, located east of the Palestinian village of Qalqilya;
84 new units in the Shima settlement, including retroactive legalization of 14 existing units;
74 units in the Yakir settlement – located in the northern West Bank and part of a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line deep into the West Bank;
64 units in the Telem settlement – located west of Hebron;
Retroactive legalization of 18 units in the Psagot settlement – located east of Ramallah, and home to the Psagot Winery;
Retroactive legalization of 2 units in the “Givon Hadasha” settlement;

Plans which were approved for deposit for public review include (in descending order of number of units):

629 units in the Eli settlement, including the retroactive legalization of 61 units – located south of Nablus and southeast of the Ariel settlement in the central West Bank. Though the Eli settlement previously received Israeli government approval, a “Master Plan” – which officially zones land for distinct purposes (residential, commercial, public) – has never been issued for Eli, meaning all construction there is illegal under Israeli law;
560 units in the Har Gilo settlement located just south of Jerusalem (covered in detail above);
286 units in the Har Bracha settlement – located just south of Nablus. If implemented, these new units will double the size of Har Bracha;
179 units in the Einav settlement – located northwest of Nablus;
148 units in the Rimonim settlement – located between Ramallah and Jericho in the Jordan Valley;
A plan to grant retroactive legalization to 133 units in the Tapuach West outpost, thereby granting approval to the outpost itself (discussed above);
A plan to grant retroactive legalization to 120 units in the Pnei Kedem outpost by recognizing the outpost as a “neighborhood” of the Metzad/Asfar settlement although the two areas of construction are non-contiguous. Pnei Kedem is located between Bethlehem and Hebron in the southern West Bank;
82 units in the Karnei Shomron settlement – located in the northern West Bank east of the Palestinian village of Qalqilya. Israel is planning to continue expanding Karnei Shomron with the stated goal of bringing 1 million settlers to live in the area surrounding the settlement.;
75 units in the Shimaa settlement, including the legalization of 14 units previously built without authorization;
52 units received retroactive legalization in the Kfar Adumim settlement;
35 units in the Efrat settlement – located south of Bethlehem. As a reminder, Efrat is located 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;
14 units (in one building) in the Maale Mikmash settlement – located east of Ramallah;
10 units in the Barkan settlement – located about half way between the Ariel settlement and the cluster of settlements slated to be united into a “super settlement” area (Oranit, Elkana, Shiva Tikva, and others).
7 units in the Peduel settlement – located in the northern West Bank and part of a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line into the very heart of the West Bank and on towards the Jordan Valley; and,

Reactions

The High Planning Council met only after settlers, who represent a key ally of the embattled Prime Minister, pressured Netanyahu to allow it. Settlers have spent months decrying what they understood to be a freeze on settlement constructed inflicted upon them by Netanyahu. Gush Etzion Regional Council Head Shlomo Ne’eman said:

“Sometimes we take our prime minister to task, which we feel is justified as a result of our disappointment in postponing the application of sovereignty over our country. But now something tangible is happening – we are building and developing our communities, and of course, the highlight of today is the full registration in the Land Authority of the young community of Pnei Kedem, 20 years since it was established.”

Samaria Regional Council head Yossi Dagan said:

“This is a happy day for Samaria. [New construction] in Har Bracha, Yitzhar, Einav and Tapuach is another step on the way to a million residents in this beautiful region of the country…While we’re very content with today’s developments, I call on the Prime Minister not to stop here. We’re overfilled with joy, but it is a drop in the ocean with sovereignty falling off the agenda. The expectation now is that construction and strengthening of the settlement movement will increase tenfold.”

Peace Now responded to the approvals in a statement saying:

“While Israel reels from its second lockdown and economic distress, Netanyahu is promoting construction in isolated settlements that Israel will have to evacuate. Instead of taking advantage of the agreements with the Gulf states and promoting peace with the Palestinians, he is distorting Israel’s priorities and catering to a fringe minority for these settlement unit approvals that will continue to harm future prospects for peace. We call on the Defense Minister and the Alternative Prime Minister Benny Gantz to veto these plans. Far from a ‘settlement freeze,’ the right has been complaining about, the expected settlement approvals announcement next week prove that the settlement enterprise under Netanyahu is moving ahead at full steam toward solidifying the de facto annexation of the West Bank. The move also will be the first major demonstration of Defense Minister Benny Gantz’s bowing to the ‘Greater Israel’ settlement agenda that would in reality bring about a permanent undemocratic one-state reality. By doing so, Israel will be signaling to the world its bi-partisan support for the end to the concept of a two-state solution and a Palestinian state – the paradigm that until now has largely shielded Israel from formal pressure over its 53-year occupation. The settlement enterprise is not in Israel’s national or security interest, and is a strategic mistake at the international level.”

Palestinian Prime Minister Mohammed Shtayyeh denounced the approvals, saying:

“Every settler unit constitutes a plan to annex our land.”

Palestinian Authority spokesman Nabil Abu Rudeineh said in a statement:

“We warn against this Israeli policy that will lead the region to the brink of the abyss, and we call on the international community to intervene immediately and urgently to pressure the Netanyahu government to stop this settlement madness that totally eliminates any real opportunity to achieve a just and comprehensive peace to end the occupation and establish the independent Palestinian state with East Jerusalem as its capital on the 1967 borders.”

UN High Representative Josep Borrell said in a statement:

“In recent days, Israel has announced a significant expansion of settlements in the occupied West Bank, in areas in and around Jerusalem. These plans, which foresee the construction of close to 5.000 housing units, jeopardise the viability and territorial contiguity of a future Palestinian State as the outcome of a negotiated two-state solution, in line with the internationally agreed parameters. Settlements are illegal under international law. As stated consistently, the EU will not recognise any changes to the pre-1967 borders, including with regard to Jerusalem, other than those agreed by the parties. Settlement activity threatens current efforts to rebuild trust, to resume civil and security cooperation between Palestinians and Israelis and to prepare the ground for an eventual resumption of meaningful and direct negotiations. The Government of Israel should reverse these decisions and halt all continued settlement expansion, including in East Jerusalem and sensitive areas such as Har Homa, Givat Hamatos and E1. The period from March to August 2020 also saw a spike in demolitions or confiscations of Palestinian-owned structures in the West Bank in spite of the COVID-19 pandemic. The EU reiterates its call on Israel to halt all such demolitions, including of EU-funded structures, in particular in light of the humanitarian impact of the current pandemic. Against the background of normalization of relations between Israel, UAE and Bahrain, Israelis and Palestinians should seize this opportunity and take urgent steps to build confidence and restore cooperation along the line of previous agreements and in full respect of international law.”

A spokesperson for UN Secretary-General Antonio Guterres issued a statement flagging concern over the advancements, saying:

“We are concerned about the reports of Israel’s settlement advancements in the occupied West Bank and will continue to follow developments closely, as the Israeli High Planning Committee finalizes its meetings tomorrow. The Secretary-General has consistently reiterated that all settlements are illegal under international law and remain a substantial obstacle to peace. We urge the Israeli authorities to refrain from such unilateral actions that fuel instability and further erode the prospects for resuming Palestinian-Israeli negotiations on the basis of relevant UN resolutions, international law and bilateral agreements.”

Plan for 570 Units in East Jerusalem Settlement Approved for Deposit

Ir Amim reports that on September 22nd, the Jerusalem District Committee approved for deposit for public review a detailed plan providing for the construction of 570 units in the Har Homa E settlement, located in East Jerusalem. Taken together with the pending construction of the nearby Har Gilo West settlement (discussed in the section above), the Palestinian village of al-Walajah stands to be completely encircled by Israeli settlements.

If implemented, this plan will extend the Har Homa settlement westward, in the direction of the site of the as-of-yet-unbuilt Givat Hamatos settlement. Ir Amim explains:

“If realized, Har Homa E together with construction in Givat Hamatos will connect Har Homa to Gilo creating a contiguous Israeli settlement area that will disconnect East Jerusalem from Bethlehem and the south of the West Bank.”

Ir Amim also reminds us that the Jerusalem District Committee previously approved a Master Plan for a total of 2,200 units in Har Homa E. The plan for 570 units approved for deposit in late September represents the first detailed plan under this Master Plan allows for. Plans to build the remaining units permitted under the Master Plan are not yet being advanced.

Israel Approves Construction of Elevator at Tomb of the Patriarchs

Emek Shaveh reports that on September 29th the Civil Administration granted final approval to a plan to build accessible infrastructure, including an elevator, at the Ibrahimi Mosque/Tomb of the Patriarch in Hebron — a plan which requires Israel to seize land from the Islamic Waqf. As of this writing, Emek Shaveh is considering whether to challenge that approval.

Regarding the significance of the plan, Emek Shaveh said:

“One need not be an archaeologist or architect to review the council’s plan and understand that it is destructive in a manner which is unprecedented. We are convinced that the plan, as approved, would never have been promoted had it not been driven by political motives.”

Emek Shaveh has previously provided critical context as to why this plan is not really, or not fully, being advanced out of humanitarian concerns, explaining:

“Israel’s decision to seize responsibility for the site from the Hebron municipality and the Palestinians sends a clear political message that Israel is reneging on agreements that were signed with the Palestinians in Hebron. Beyond the precedent that will enable the settlers in the future to demand additional changes at the Tomb of the Patriarchs/Ibrahimi Mosque, this is also a precedent that could play out at other sites under the responsibility of the Islamic Waqf. Experience has shown us that what begins in Hebron percolates into other places including Jerusalem. It begins with a seemingly rational demand to benefit the disabled or the general public and evolves into a new status quo. The expected change in Hebron has not escaped the attention of members of the Temple movement and they will know how to present their demands to the government. If Israel can repudiate agreements with the Palestinians in Hebron and expropriate land from the Waqf, it would seem that accepting what appears to be the far more modest demands by the Temple movement to pray or to walk about the Temple Mount complex freely is not so far-fetched. In the reality of Hebron and East Jerusalem, a change involving only several meters at a historic or holy place is not free of political considerations and often it is part of long-term strategy. While it is necessary to tend to the needs and interests of persons with disabilities, the extremists who presume to speak on their behalf must be prevented from forging Israeli policy, even if it is only a matter of a lift and an access path.”

Read Emek Shaveh’s full analysis here: “Humanitarianism Hebron Style.”

Israel Delivers Confiscation Notices to Palestinians Living in the Heart of Hebron

The Palestinian media outlet WAFA news reports that several Palestinians living in the Tel Rumeida section of downtown Hebron were handed confiscation notices from the Israeli authorities, informing them that the State of Israel had confiscated 17 plots of land, including land privately owned by Palestinians.

Tel Rumeida is a part of Hebron located directly in the city center, considered H2 by the Hebron Accords giving Israel full control of security in that area. B’Tselem estimates that there are around 700 settlers living in enclaves amongst approximately 34,000 Palestinians in H2. The Israeli army heavily protects those settlers, and has implemented an apartheid system of segregated movement and checkpoints, most notably in the area of Shuhada Street.

Palestinians Report Newly Established Outposts & Land Confiscations

The Palestinian news outlet WAFA reports that settlers have installed three new outposts over the past month – one near Nablus and a second near Hebron, and a third in the Jordan Valley.

Near Nablus, Palestinians report that the settlers installed mobile homes and a small farm in an attempt to establish a permanent presence on a new plot of land. The settlers are reportedly in the process of connecting the new outpost to the Elon Moreh settlement via roads and water supply. Ghassan Daghlas, who monitors Israeli settlements on behalf of the PLO, told WAFA that the specific area has seen even wider road construction recently, which he sees as an effort to create more seamless contiguity between settlements in the Nablus area and the Jordan Valley. The construction comes at the direct expense of the Palestinian village of Beit Dajani, which has historically owned the land where the outpost and roads are being built.

Near Hebron, WAFA reports that an Israeli settler erected a tent with and Israeli flag on privately owned Palestinian land near the Birin village.

In the Jordan Valley, WAFA reports that settlers set up a caravan on land on which they began planting trees about three months ago. The settlers also reportedly dug a well at the site.

On October 15th, Israel reportedly announced its intention to confiscate large tracts of land (11,000 dunums) adjacent to the Jordan Valley settlements of Rotem, Maskiyot, and Mesovah. This confiscation, according to Palestinian settlement watcher Qasem Awwad, was presented by the Israeli authorities as a move to add land to natural reserve areas, but seems clearly to be linked to efforts to expand settlements and their control over land in the area.

Targeting Palestinians Construction in Area C: State Devotes $6 million to Mapping Program

Despite COVID and the suspension of Israeli’s unilateral annexation of vast tracts of land in the West Bank, the Israeli government — at the urging of settlers and their allies — is continuing its push to consolidate its control over all aspects of life in Area C (the over 60% of the West Bank that is under full Israeli control).

OCHA has documented an acceleration in the Civil Administration’s demolition of Palestinian structures in the West Bank over the summer, documenting the demolition of 389 Palestinian-owned structures in Area C of the West Bank. As a result of those demolitions, 442 Palestinians were made homeless. OCHA further reported that In just the month of August, 205 Palestinians lost their homes, the highest single month total since January 2017. In addition, Israel continues to issue more demolition notices, including against Palestinians living in a cave near Jenin, and against a newly constructed school for bedouin children located east of Ramallah.

To further this effort, on September 10th the Israeli government allocated $6 million USD (20 million NIS) for the newly created Settlement Affairs Ministry to survey and map unauthorized Palestinian construction in Area C of the West Bank, which Israel and its settlers have been aggressively demolishing in an effort to rid the area of Palestinians. Haaretz reports that this is the first time that the state budget has included funds specifically for a land survey in the West Bank. The state also allocated an additional $2.8 million (9.5 million NIS) to an existing grant program specifically for settlement municipalities to cash in on. As a reminder, virtually all Palestinian construction in Area C of the West Bank is unauthorized, because Israel almost universally refuses to give Palestinians permission to build in Area C even on land that Israel recognizes as owned by Palestinians.

The Settlement Affairs Ministry is a new creation of the current coalition government, and is headed by Tzachi Hanegbi (Likud). The funding for the Settlement Affairs Ministry to conduct a survey of unauthorized Palestinian construction in Area C further empowers a domestic Israeli body to exert extraterritorial sovereignty over Area C – in effect, treating the area as land already de facto annexed by Israel. While technically the occupied territories are administered by the Israeli Civil Administration (a body within the Defense Ministry), Israel has spent decades bringing the administration of the territories (specifically the settlements and Area C) ever more directly under direct Israeli sovereignty (de facto annexation).

In the lead up to the allocation of funds for this new survey of Palestinians life in Area C, the Knesset hosted two committee discussions the political outlook of which was clearly indicated in the stated subject of the meetings: “the Palestinian takeover of Area C.” Consistent with this framing (which is predicated on the idea that Area C belongs to Israel), and pushed by outside groups, many members of the Knesset have criticized the Israeli government’s allegedly lackadaisical approach to preserving State interests in Area C (i.e., clearing out Palestinians, expanding settlements, consolidating state infrastructure). Reportedly, Foreign Affairs Minister Gabi Ashkenazi (Blue & White) sent a letter to the committee specifically addressing the Knesset’s outrage over European humanitarian assistance projects for Palestinians in Area C. In the letter, Ashkenazi not only celebrated the reduction of European projects over the past year, but validated settlers’ insinuations regarding the nefarious nature of European assistance for Palestinians, saying that any European activity in the West Bank lacking Israeli permission is “an attempt to define a border.” Ashkenazi also said that Israel will not compensate European donors for confiscated equipment or the demolition of European-funded projects that lack Israeli permission (like in the case of schools built with European funding, and solar panels donated to bedouin communities lacking power).

At one Knesset hearing, MK Bezalel Smotrich (Yamina) suggested that a solution could be to empower the settlements with the ability to demolish Palestinian construction they believe to be unauthorized. Smotrich’s partymate Ayelet Shaked (former Justice Minister) suggested that the government should appoint a project manager tasked with preventing a Palestinian takeover of Area C.

As noted above, Israel has long denied Palestinians the ability to build in Area C. To fully understand what is happening, it is worth reviewing B’Tselem’s excellent explainer:

“Israel’s planning and building policy in the West Bank is aimed at preventing Palestinian development and dispossessing Palestinians of their land. This is masked by use of the same professional and legal terms applied to development in settlements and in Israel proper, such as “planning and building laws”, “urban building plans (UBPs)”, “planning proceedings” and “illegal construction”. However, while the planning and building laws benefit Jewish communities by regulating development and balancing different needs, they serve the exact opposite purpose when applied to Palestinian communities in the West Bank. There, Israel exploits the law to prevent development, thwart planning and carry out demolitions. This is part of a broader political agenda to maximize the use of West Bank resources for Israeli needs, while minimizing the land reserves available to Palestinians….

In the West Bank, the potential for urban, agricultural and economic development remains in Area C. Israel uses its control over the area to quash Palestinian planning and building. In about 60% of Area C – 36% of the West Bank – Israel has blocked Palestinian development by designating large swathes of land as state land, survey land, firing zones, nature reserves and national parks; by allocating land to settlements and their regional councils; or by introducing prohibitions to the area now trapped between the Separation Barrier and the Green Line (the boundary between Israel’s sovereign territory and the West Bank).

Even in the remaining 40% of Area C, Israel restricts Palestinian construction by seldom approving requests for building permits, whether for housing, for agricultural or public uses, or for laying infrastructure. The Civil Administration (CA) – the branch of the Israeli military designated to handle civil matters in Area C – refuses to prepare outline plans for the vast majority of Palestinian communities there. As of November 2017, the Civil Administration had drafted and approved plans for only 16 of the 180 communities which lie in their entirety in Area C. The plans cover a total of 17,673 dunams (1 dunam = 1,000 square meters), less than 1% of Area C, most of which are already built-up. The plans were drawn up without consulting the communities and do not meet international planning standards. Their boundaries run close to the built-up areas of the villages, leaving out land for farming, grazing flocks and future development. Since 2011, seeing that the Civil Administration did not draft plans as it is obliged to do, dozens of Palestinian communities – with the help of Palestinian and international organizations and in coordination with the PA – drafted their own plans. Some of the plans covered communities or villages located in full in Area C and others covered places only partly in Area C. As of September 2018, 102 plans had been submitted to the Civil Administration’s planning bodies, but by the end of 2018, a mere five plans – covering an area of about 1,00 dunams (or about 0.03% of Area C) – had received approval.

The odds of a Palestinian receiving a building permit in Area C – even on privately owned land – are slim to none. Given the futility of the effort, many Palestinians forgo requesting a permit altogether. Without any possibility of receiving a permit and building legally, the needs of a growing population leave Palestinians no choice but to develop their communities and build homes without permits. This, in turn, forces them to live under the constant threat of seeing their homes and businesses demolished.

The impact of this Israeli policy extends beyond Area C, to the hundreds of Palestinians communities located entirely or partially in Areas A and B, as the land reserves for many of these communities lie in Area C and are subject to Israeli restrictions there.

The demand for land for development has grown considerably since the 1995 division of the West Bank: The Palestinian population has nearly doubled, and the land reserves in Areas A and B have been nearly exhausted. Due to the housing shortage, much land still available in these areas is used for residential construction, even if it is more suited for other uses, such as agriculture.

Without land for construction, local Palestinian authorities cannot supply public services that require new structures, such as medical clinics and schools, nor can they plan open spaces for recreation within communities. Realizing the economic potential of Area C – in branches such as agriculture, quarrying for minerals and stone for construction, industry, tourism and community development – is essential to the development of the entire West Bank, including creating jobs and reducing poverty. Area C is also vital for regional planning, including laying infrastructure and connecting Palestinian communities throughout the West Bank.

In contrast to the restrictive planning for Palestinian communities, Israeli settlements – all of which are located in Area C – are allocated vast tracts of land, drawn up detailed plans, connected to advanced infrastructure, and the authorities turn a blind eye to illegal construction in them. Detailed, modern plans have been drawn up for the settlements, including public areas, green zones and, often, spacious residential areas. They enjoy a massive amount of land, including farmland that can serve for future development.

Israel’s policy in Area C is based on the assumption that the area is primarily meant to serve Israeli needs, and on the ambition to annex large parts of it to the sovereign territory of Israel. To that end, Israel works to strengthen its hold on Area C, to further exploit the area’s resources and achieve a permanent situation in which Israeli settlements thrive and Palestinian presence is negligible. In doing so, Israel has de facto annexed Area C and created circumstances that will leverage its influence over the final status of the area.”

In First, Palestinian Authority Courts to Hear Lawsuits Against Settlers

For the first time since the Palestinian Authority was established in 1994, it will allow Palestinians to bring lawsuits against Isareli settlers in Palestinian courts. The Palestinian Authority’s Justice Minister Mohammed al-Shalaldeh announced that the PA had formed a national team to handle these cases, and the team was already working to collect evidence and file suits against settlers who have committed crimes against Palestinians in Hebron and in the village of Burin, located just south of Nablus.

Until this point, no Israeli citizen has been tried in a Palestinian court. Under the Oslo Accords (which established the Palestinian Authority), the Palestinian Authority holds no jurisdication over Israeli citizens – including Israeli citizens living in the West Bank. In May 2020, PA President Mahmoud Abbas announced that the PA considers all accords and agreements with Israel to be void following Israel’s announcement that it intends to annex large parts of the West Bank in accordance with the Trump Plan. Shalaldeh said that the announcement this week flows directly from Abbas’s decision to free the PA from the Oslo Accords’ provisions.

Explaining how these cases might work, Shalaldeh said:

“The Israeli side will be notified as an occupying power to appear before the Palestinian court…If the [Israeli] side refuses the jurisdiction of the Palestinian courts, formal procedures will be followed and in absentia rulings will be issued, in accordance with Palestinian laws.”

JNF, Elad Face International Heat Over Sumreen Family Eviction Case – Will it Matter?

Over the past month, international audiences have directed heightened scrutiny towards the radical settler group Elad and the Jewish National Fund (JNF) for the role both organizations have played in spearheading the effort to evict the Palestinian Sumreen family from their home in the Silwan neighborhood of East Jerusalem. Due to the new attention, the JNF is reportedly reconsidering whether or not to carry out the eviction of the Sumreens – an eviction which the organization has pursued since 1991.

Map by Haaretz

JNF donors – along with activists, religious leaders, members of Congress, and Israel prize winners – reportedly began to express concern and outrage over the JNF’s role in the Sumreen case following the September 2020 ruling by Jerusalem Magistrate’s Court against the Sumreen’s claim to the home. In response to the criticism, the JNF (via actions by the Board of its subsidiary organization, Himnuta, which was created to take the lead for JNF in litigating aggressive settlement takeover cases like this) has acted to freeze the eviction process internally, and was scheduled to consider a proposal for freezing the formal legal proceedings against the Sumreens this past week. Himnuta’s decision and deliberations caused conflict with Elad, which had the Jerusalem Magistrate’s Court intervene to postpone Himnuta’s Board meeting to discuss the proposal. Elad argues that Himnuta transferred all legal authority over the Sumreen case to their organization, and cannot now interfere in the proceedings. The meeting was subsequently postponed at the request of the Court.

Elad is also coming under new international scrutiny following the revelation that Roman Abramovitch – a Russian oligarch and naturalized Israeli citizen who also is one of the owners of the renowned Chelsea football club – is Elad’s single largest donor, having anonymously donated over $100 million to the settler group over the past 13 years. The BBC produced an investigative feature report on Abramovitch’s connection to Elad, pointing out that over the past 15 years more than half of Elad’s funding has come from offshore companies in the Caribbean, which are now known to be owned or controlled by Abramovitch. The BBC feature connects Elad to the settlers’ struggle to evict the Sumreen family, and the larger effort to replace Palestinians in Silwan with Jewish Israelis.

Peace Now writes:

“The news about Abramovich’s involvement highlights the injustice Palestinians face at the hands of these settlement groups. Impoverished families are up against the financial weight of a Russian oligarch. NGOs trying to protect these families are delegitimized and their work dismissed for receiving funding from democratic European aid agencies while settler groups rake in vast sums of non-transparent money from offshore Caribbean shell companies. And the JNF is profiting off of all of this. We can’t force Abramovich to stop his funding or the JNF to stop abetting Elad in its settling campaign, but we can make them worry about their reputation. Peace Now has been conducting a campaign inside Israel to call Abramovich out for his devious funding.”

Regarding the revelations of Elad’s funding source, Emek Shaveh writes:

“…the Elad Foundation, through a combined strategy of sponsoring excavations, developing tourism and settling in Palestinian homes, succeeded in recreating Silwan as the Jewish neighbourhood of Ir David (City of David) and one of the most popular tourist destinations in the country. The exploitation of archaeological tourism by the Elad Foundation has become a number one strategy for entrenching Israeli sovereignty over historic Jerusalem. “

The Sumreen family home is located in the middle of what today has been designed by Israel “the City of David National Park.” The area is managed by the radical Elad settler organization, which for years has also been pursuing the eviction of Palestinians from the homes in Silwan. For nearly three decades, the Sumreen family has been forced to battle for legal ownership of their home, after the state of Israel, prompted repeatedly by the JNF, declared the Sumreen’s home to be “absentee” property. After that designation – which was not communicated to the Sumreen family – Israeli law permitted the state to take over the rights to the building. The state then sold the rights to the home to the JNF in 1991. The JNF has pursued the eviction of the Sumreen family ever since. Israeli courts ruled in favor of the Sumreen family’s ownership claims to the home for years, until a September 2019 ruling by the Jerusalem Magistrate’s Court granted ownership of the family’s home to the JNF, a decision the family immediately appealed to the Jerusalem District Court.

A full history of the saga involving the Sumreen family – which is similar to dozens of other Palestinian homes in Silwan that were declared Absentee Property in the 1990s – can be found on the Peace Now website here.

Report: U.S. Will Not Back De Jure Annexation Until 2024 [But Friedman Says 2021 Is in Play]

A series of reports in mid-September suggested that, as part of its commitment to the U.A.E. in exchange for normalization with Israel, the U.S. promised to withhold its recognition of Israeli annexation until January 2024, at the earliest.

The 2024 timeline harkens back to a concept in Trump’s “Deal of the Century” which gave (oh so generously) the Palestinians a four year window to enter into negotiations with Israel on the basis of the Trump Plan’s conceptual map.

Following these reports regarding a 2024 timeline for the U.S. greenlighting Israeli annexation, U.S. Ambassador David Friedman (who has been a champion of annexation) told Israel’s Army Radio that annexation can happen next year. Friedman, pushing back on U.A.E. press leaks seeking to promote the notion that the Abraham Accords stopped annexation, said:

“We said in our statement that sovereignty will be postponed, and this does not mean that it has been abolished, but rather that it has stopped. It has been suspended for a year, maybe more, but it has not been cancelled.”

Bonus

“Tourism in the Service of Occupation” (Al-Shabaka)
“The Status Quo on the Temple Mount/Haram Al Sharif: Dodging a Bullet (For Now)” (Terrestrial Jerusalem)
“How Evangelicals Working in Settlements Bypassed Israel’s COVID-19 Entry Ban” (Haaretz)
“ The March of Folly in the Settlements Continues” (Haaretz)
“Israeli Students in State-funded Scholarship Program Guard Illegal West Bank Outposts” (Haaretz)

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

August 7, 2020

U.S. “Source”: Annexation is Still on the Table
Givat Hamatos Settlement Tender Delayed (Again)
Emek Shaveh: Civil Administration Hearing on Hebron Settlement Project is a “Farce”
Minister Presides Over Celebration of Completion of New Migron settlement
On 15-Year Anniversary of Disengagement, Israeli MKs Vow No More Settlement Evacuations
Settlers Say Israel’s Mismanagement of West Bank Land Registry Has Enabled Palestinian Theft of Land in Area C
State Comptroller Report Re-Centers Long Standing Settler Safety Complaints As Grounds for More De Facto Annexation
Near Nablus, Palestinians Take on IDF & Settlers to Stop Land Theft
Israel’s Short-Lived Settlement Affairs Ministry Shipped to London
West Bank Realities No Longer Hidden by U.S. Satellite Imagery Prohibition
Bonus Reads

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

U.S. “Source”: Annexation is Still on the Table

Annexation rumors were kept alive this week with an August 3rd report that a “well placed source” told The Times of Israel that Avi Berkowitz (an assistant to President Trump and Special Representative for International Negotiations) continues his work to get Trump’s sign-off on Israel’s plan to annex of a massive portion of the West Bank. The source said that more negotiations between the U.S. and Israel are needed, and that the U.S. is demanding that Israel make some kind of gesture to the Palestinians. In weeks past, it has been suggested that this “gesture” could be Israel giving Palestinians some degree of control over a small part of Area C.

Also on August 3rd, Prime Minister Netanyahu commented to his fellow Likud Party members that the Trump Plan was not off the table, but that the decision and movement around the plan was in the U.S. arena.

Speaking on August 5th, Foreign Minister Gabi Ashkenazi (a key leader of the Blue & White Party) appeared to contradict Netanyahu, saying:

“Right now [annexation is] not on the agenda, because everyone is busy” [but also making clear his support for the Trump Plan and annexation, noting “as we stated, it’s a framework to solve the conflict. We prefer to do to in dialogue with our neighbors, we prefer to do to it without interfering with the existing past peace agreements [with Egypt and Jordan], and future ones. We are fully aware of the consequences of this vision and we would like to do it in a responsible way.”

Givat Hamatos Settlement Tender Delayed (Again)

Scheduled to be open for bidding on August 2nd, Ir Amim reported on August 3rd that (as of that date) the tender for the construction of the Givat HaMatos settlement in East Jerusalem (1,077 units) had not yet been opened online. The Israeli government has not offered an explanation for the delay (the second delay in this opening for bids) or timetable for when the bidding will be opened.

Though the plan for Givat Hamatos has been fully approved, construction of the settlement has yet to start. Givat Hamatos has long been regarded as a doomsday settlement by parties interested in preserving the possibility of a two-state solution. If the Givat Hamatos settlement is built, the Palestinian neighborhood of Beit Safafa in East Jerusalem will be completely surrounded by Israeli construction, severing its connection to the West Bank.

In anticipation of the bidding window opening, 15 European Union members issued a rebuke of the plan during a video conference, with the French Embassy in Israel later tweeting its disapproval of Israel’s advancement of both the E1 and Givat Hamatos settlements. Peace Now also delivered a letter to Benny Gantz and Gabi Ashkenazi beseeching them to stop those two settlement plans from moving forward.

Hanan Ashraw sharply responded to the outcry against E-1 and Givat Hamatos from the EU countries, saying:

“Rhetorical opposition has not deterred Israel. In fact, Israel is emboldened to escalate its criminal actions precisely because it is confident that opposition will not move from the verbal to the practical. If implemented, these Israeli plans would completely sever occupied Jerusalem from its natural Palestinian surrounding and cut the occupied West Bank in half. While the international community is concerned with the “possibility” of annexation, Israel is implementing its annexation scheme on the ground without any deterrence.”

Emek Shaveh: Civil Administration Hearing on Hebron Settlement Project is a “Farce”

On August 4th, the Israeli Civil Administration’s High Planning Committee held a public hearing to discuss objections submitted against its plan to build accessible infrastructure, including an elevator, at the al-Ibrahimi Mosque/Tomb of the Patriarch in Hebron — a plan which requires Israel to seize from the Islamic Waqf.

Described as “unprofessional” and “a farce” by Emek Shaveh (an Israeli NGO with deep expertise in archaeology and the preservation of historic sites), the hearing began with the Council chairman stating that the government had already determined that it will build the elevator regardless of any objections to the plan. The Chairperson said:

′′We [the members of the planning committee] all decided, it is an important program that must be promoted…What is this attitude, you came to resist. Why resist?””

Emek Shaveh raised several objections to the plan’s archeological and planning deficits, and the Palestinian Municipality of Hebron submitted objections to Israel’s violation of agreements, signed by Israel, relating to governance and planning in Hebron.

Emek Shaveh said in its statement:

“The most important historical, archaeological and holy site in the West Bank has been subject to reckless and amatuer planning and is the victim of politically motivated, unprofessional decision making.”

Minister Presides Over Celebration of Completion of New Migron settlement

On July 27th, Health Minister Yuli Edelstein spoke at an event to celebrate the end of construction on the new Migron settlement, which will house 50 settler families.

The new Migron site is located a little over one mile away from the original site of the outpost bearing the same name – which settlers were forced by Israel to evacuate. The new site is on a hilltop that is technically within the jurisdiction of the Kochav Ya’acov settlement, but is not contiguous with its built up area. As such, it is properly understood as a new settlement. The fact that the site is within the territory allocated to Kochav Ya’acov allowed Israel to approval of New Migron as if it were merely a neighborhood of an existing settlement rather than a new settlement.

In 2011, the Israeli High Court ruled that (old) Migron – an illegal outpost – must be evacuated because it was built on privately owned Palestinian land. Most of the illegal outpost’s residents were evacuated and most of the outpost’s buildings were demolished in 2012. Determined to demonstrate its support for settlers in the face of this court-compelled evacuation, the government promised to establish two new settlements: “New Migron” (the settlement officially inaugurated this week), as well as 184 housing units to be built east of the settlement of Adam (aka, Geva Binyamin). All said, the two new settlements and temporary housing for the evicted settlers cost Israeli taxpayers millions of dollars – sending a clear message that settler law-breaking pays off.

At last week’s ceremony, which was also attended by Ronen Peretz, a senior aid to Netanyahu, Minister Edelstein said:

“This is an important national moment…this is the response [to Disengagement]. This is what provides hope…With God’s help, the application of sovereignty over Judea and Samaria will give an even more determinative response.”

Edelstein’s reference to the “Disengagement” refers to Israel’s unilateral move in 2005 to evacuate its settlements in the Gaza strip and a small number of settlements in the northern West Bank (which took place almost 15 years ago to the date the celebration of New Migron).

On 15-Year Anniversary of Disengagement, Israeli MKs Vow No More Settlement Evacuations

On August 4th, a coalition of Knesset Members led by Bezalel Smotrich (Yamina) and Miki Zohar (Likud) introduced a bill meant to prevent the government from evacuating settlements under any circumstances. The bill was introduced on the anniversary of Israel’s 2005 unilateral move to evacuate 21 settlements in the Gaza Strip and four settlements in the northern West Bank.

Minister of Diaspora Affairs Omer Yankelevich (Blue & White) also took the opportunity to state her opposition to settlement evacuation, making the following remark during a tour of settlements in the northern West Bank:

“Settlement evacuation brings terror, not peace…Judea and Samaria are an inheritance from our forefathers. There are those who speak of these areas in terms of cost versus benefit but we need to remind them that we are talking about our land and not to be ashamed of this fact. Extension of sovereignty over these areas is our desire at the end of the day, under the right conditions,”

In addition, Gilad Sharon (son of former Prime Minister Ariel Sharon who devised and implemented the 2005 disengagement) added his voice to the anti-evacuation chorus. While defending his father’s actions and bashing the Palestinians, Sharon said:

“What we could afford in the Gaza Strip, in an isolated area squeezed between the desert and the sea, we cannot do in Judea and Samaria. This is the heart of the land, Judea and Samaria. When the world sees what happened in Gaza, because they got billions of dollars. What did they do with the money? [Did they build] any housing, factories, something? Only rockets and terror tunnels. That’s what they did, so everyone understands that that’s how they behave when they are left alone. What you can afford for yourself in an isolated corner, you cannot do in the heart of Tel Aviv, in the suburbs of Tel Aviv, in the heart of the country. I don’t think we should evacuate anything. Gaza was a very unique case, nothing to do with Judea and Samaria, which we have to hold forever.”

Settlers Say Israel’s Mismanagement of West Bank Land Registry Has Enabled Palestinian Theft of Land in Area C

A new report published by the Israeli State Comptroller chided the Israeli Defense Ministry for its incomplete land registry documenting land ownership (Palestinian and Israeli) in Area C of the West Bank. The radical settler group Regavim used the report as yet another opportunity to perpetuate the myth that the Palestinian Authority is orchestrating a campaign to steal Area C land from Israel. As a reminder, Area C land is not Israeli land; it is land occupied by Israel that, under the Oslo Accords, came under temporary Israel civilian and security control under arrangements that were supposed to last only a short period of time before a permanent status agreement was reached between the parties – an agreement that was supposed to be reached within 5 years.

Regavim Director-General Meir Deutsch said:

“The painstaking, glacial pace of handwritten record keeping is fertile ground for forgery, and leads to further violation of property rights, making it nearly impossible to conduct property transactions in a normal fashion. The failure to carry out the necessary registration and regulation of land in these areas has enabled the Palestinian Authority to carry out a well-planned, carefully-timed and well-funded land-seizure program.”

State Comptroller Report Re-Centers Long Standing Settler Safety Complaints As Grounds for More De Facto Annexation

A new report published by the Israeli State Comptroller blamed the Israeli Defense Forces for putting settlers in danger by failing to secure roads in Area C for the settlers. The report explained that part of the IDF’s failure was due to bad communication and conflict over which Israeli ministry – Defense or Transportation – was actually in charge. This framing is significant given that the Israeli Civil Administration – the body which effectively is the occupying government of the West Bank – is part of the Defense Ministry, while the Transportation Ministry does not have legal planning authority in the West Bank (it is a part of Israel’s own government, meaning that giving it authority in the West Bank amounts to de facto annexation). The report also called out the Defense Ministry for the poor quality and incompleteness of the West Bank land registry (as discussed above).

Efrat Council Chairman Oded Revivi said that the report demonstrates why Israel needs to annex the settlements.

As a reminder: settlers are Israeli civilians who have chosen, for a variety of reasons, to live in an area under military occupation where their “safety” must be actively attended to by the Israeli army. The issue of security for settlers and settlement infrastructure has in the past translated to massive investments of government resources into projects that entrench and expand Israel’s de facto annexation of the West Bank. For example, following months of intense pressure from settlers, in October 2017, then-Defense Minister Avigdor Liberman promised to allocate $939 million for projects for settlers and settlements across the West Bank. According to the Times of Israel, the $939 million package was dedicated to funding:

“the installation of security cameras along roads throughout the West Bank; the installation of cell phone towers to improve reception for settlers who may need to call for help; the paving of bypass roads around Palestinian towns and settlements to allow the populations to avoid each other; the bolstering of armored buses that travel through the West Bank; and broad security improvements for each settlement that will include security cameras, “smart fences” and sensors to warn of attempts to sneak into settlements.”

The following year (2018), Israel inaugurated several new bypass roads In partial fulfillment of the 2017 funding commitment to a settler security package. In 2019, Israel issued permits for the construction of an additional two bypass roads.

Near Nablus, Palestinians Take on IDF & Settlers to Stop Land Theft

On August 6th, Wafa reports that Palestinians clashed with IDF just west of Nablus, at the site of a new outpost that settlers were attempting to establish near a well on privately-owned Palestinian land. The report says Palestinians were attacked by the IDF when they attempted to reach the area where settlers had set up a tent and a caravan.

Palestinians reportedly planned to continue their struggle to challenge the settlers’ effort to take over the site by staging Friday prayers there.

Israel’s Short-Lived Settlement Affairs Ministry Shipped to London

After serving for around four months as Israel’s first Settlement Affairs Minister, Tzipi Hotovely (Likud) has now moved on to be Israel’s Ambassador to the United Kingdom. There is no word on her replacement.

Hotovely is regarded as a rising star in the Likud Party (which some suggest is why she is being sent abroad, noting that Netayahu has a pattern of using ambassadorship to put some distance between himself and those he sees as posing the greatest challenge to him politically). Hotovely is well known for her radical views — racist, homophobic, and pro-annexation — as well as her denial of the existence of the Palestinian people.

West Bank Realities No Longer Hidden by U.S. Satellite Imagery Prohibition

Al-Shabaka policy fellow Zena Agha writes in Foreign Policy about the repercussions and importance of a recent change in U.S. policy regarding satellite imagery. This change eliminates the longstanding prohibition on American satellite imagery companies producing high-resolution photos of the West Bank. Agha writes:

“Significantly, the reversal empowers humanitarian groups working to hold Israel accountable for its violations of international law, including unlawful killings and settlement construction (which, under the fourth Geneva Convention, constitutes a war crime). It is perhaps for this reason that the KBA’s reversal has already caused some disquiet in Israeli military quarters. The reversal also has geopolitical implications. Satellite images of the border areas of Jordan, Syria, Lebanon, and Egypt have thus far been both downsampled and poorly covered (with many operators wary of capturing any Israeli territory). The change in legislation will provide uncensored images of these areas and allow for their monitoring and investigation, particularly around environmental issues such as water extraction. Finally, from the perspective of historical justice and accountability, uncensored, high-resolution images enable Palestinians to accurately catalog the remnants of villages and towns destroyed during the events of 1948 and beyond. The democratizing power of the reform will allow Palestinians to use technology to rediscover an erased past and to imagine an alternative future.”

Bonus Reads

“Court override bill dead in the water as Haredim, Liberman rule out support
“ (The Times of Israel)
“Peace Now asks Gantz, Ashkenazi to halt east Jerusalem Givat Hamatos homes” (Jerusalem Post)
“What Comes First, an Israeli Army Firing Zone or Palestinian Villages?” (Haaretz)
“Netanyahu’s decline benefits pro-settler Bennett” (Al-Monitor)
“Israel Offers Money to Palestinian family for Killing by Settler” (Ynet)

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

To subscribe to this report, please click here.

January 10, 2020

ICC Opens Formal Investigation into Israeli War Crimes, Including Israeli Settlements
Israel to ICC: You Do Not Have Jurisdiction & You Will Not Stop Us from Advancing Settlements and Annexation
Following ICC Announcement, Israel Advances Plans for Nearly 2,000 Settlement Units
Following ICC Announcement, Israel Begins Planning Jordan Valley Annexation
Plans Advance in East Jerusalem, Part 1: New Settlement Enclave in Palestinian Neighborhood
Plans Advance in East Jerusalem, Part 2: Reports on Har Homa & Rumors on Givat Hamatos
Plan Advance in East Jerusalem, Part 3: Israel Approves Plans for Two More Settler-Run Tourist Sites in East Jerusalem
Plans Advance in East Jerusalem, Part 4: Tenders for Pisgat Zeev and Gilo
For Second Time, Israeli Court Rules Against Settler Claim to Bakri House in Hebron
Peace Now Wins Interim Decision Against Secretive Public Funding to Amana
Israeli Court Dismisses Palestinian Landowners’ Petition Against the Ofra Settlement
Bennett Launches Initiative to More Aggressively Police Palestinians in Area C
Bennett Appoints Key Settler Ally to Lead New Government Task Force on Area C Annexation Plans, Immediately Announces Plan to Legalize Settlements
Following ICC Announcement, Pompeo Says Israel Has “Fundamental Rights” to Land
Pro-Settlement Legal Forum Conference Draws Big Names, Big Promises
Bonus Reads

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

ICC Opens Formal Investigation into Israeli War Crimes, Including Israeli Settlements

On December 20, 2019 the Chief Prosecutor of the International Criminal Court (ICC) Fatou Bensouda announced that the court has found a reasonable basis upon which to open an investigation into Israeli war crimes against Palestinians in the West Bank, East Jerusalem, and Gaza. Bensouda said that the preliminary investigation, launched five years ago, established sufficient evidence of war crimes, citing Israeli settlements and Israel’s conduct during its 2014 incursion into the Gaza Strip, which Israel gave the title “Operation Protective Edge”. The statement said that the Court found evidence that Hamas and armed Palestinian groups also committed war crimes during the 50 days of hostilities in 2014.

Before proceeding with a formal investigation, Bensouda requested a pre-trial chamber to rule on the Court’s territorial jurisdiction, as outlined in the Rome Statute, over the West Bank, East Jerusalem, and Gaza Strip. Bensouda requested a ruling on the matter within 120 days. Bensouda has previously articulated her opinion on the matter, suggesting that questions regarding Palestinian statehood do not necessarily need to be resolved because Palestine acceded to the Rome Statute and formally became a “State Party” to the court.

Israel to ICC: You Do Not Have Jurisdiction & You Will Not Stop Us from Advancing Settlements and Annexation

Prior to Bensouda’s announcement on December 20th that the ICC will proceed with an investigation into Israeli war crimes in the West Bank, East Jerusalem, and Gaza, Israeli Attorney General Avichai Mandleblit published a 34-page legal opinion arguing that the Court does not have jurisdiction over those territories because Palestine does not meet the criteria for statehood, and non-sovereign entities cannot confer jurisdiction to the Court. Notably, that opinion doesn’t address (let alone dispute or challenge) the assertion that Israeli actions might constitute war crimes.

Going beyond Mandleblit’s legal arguments, Netanyahu launched a disingenuous attack on Bensouda’s criticism of Israeli settlements, saying:

“[Bensouda] says it is a crime, a war crime, for Jews to live in their homeland, the land of the Bible, the land of our forefathers.”

Netanyahu later said:

“This will not deter us — not in the slightest”

Netanyahu is riding a wave of defiant, ultra-confident language following his Dec. 27th victory in the Likud primaries, after which he promised to secure U.S. recognition for Israeli sovereignty over the Jordan Valley and all settlements in the West Bank. In his victory speech, Netanyahu laid out a 6-point plan he will implement if he goes on to win the March 2020 elections:

“First, we will finalize our borders; second, we will push the US to recognize our sovereignty in the Jordan Valley and the northern Dead Sea; third, we will push for US recognition of our extension of sovereignty over all the communities in Judea and Samaria, all of them without exception; fourth, we will push for a historic defense alliance with the US that will preserve Israeli freedom of action; fifth, stop Iran and its allies decisively; and sixth, push for normalization and agreements that will lead to peace accords with Arab countries. The opportunities are within reach.”

Demonstrating that Netanyahu means what he says, shortly following the ICC’s announcement his government advanced plans for nearly 2,000 settlement units and launched the planning process for annexing the Jordan Valley. Both of these items – in addition to several other significant settlement advancements which were not explicitly linked to the ICC’s announcement – are covered in detail below.

Following ICC Announcement, Israel Advances Plans for Nearly 2,000 Settlement Units

Over the course of a two-day meeting Jan 5-6, 2020, the Israeli Civil Administration’s High Planning Committee approved plans for 1,936 settlement units, of which 786 units received final approval for construction. The Israeli Civil Administration is the body of the Defense Ministry which regulates all construction in the West Bank, both Palestinian and Israeli settler.

The Civil Administration granted final approval to the following plans:

A plan for 258 units in the unauthorized Haresha outpost, located east of Ramallah, to take them to the final stage of the approval process. If granted final approval, the plan will have the effect of retroactively legalizing the Haresha outpost. This outpost has been one of several test cases for the Israel government’s evolving legal justifications for granting retroactive approval to unauthorized outposts built on privately owned Palestinian land. In the case of Haresha, an outpost built on an island of “state land” surrounded by privately owned Palestinian land, then-Israeli Justice Minister Ayelet Shaked issued a new legal opinion in December 2018 outlining a legal basis for temporarily seizing the private Palestinian land for the construction of a tunnel road underneath it (essentially holding that Palestinian land rights – which can be temporarily infringed upon at any time for the sake of the settlements – do not extend below the ground’s surface). The tunnel road has not yet been constructed, an important qualification that Israel, to this point, has generally required outposts to meet prior to legalization.
147 units in the Mitzpe Yericho settlement, located just west of the Palestinian city of Jericho in the Jordan Valley. The plan will have the effect of retroactively legalizing existing illegal construction in the settlement.
120 units in the Karnei Shomron settlement, located in the northern West Bank east of the Palestinian village of Qalqilya. Israel is planning to continue expanding Karnei Shomron with the stated goal of bringing 1 million settlers to live in the area surrounding the settlement.
107 units in the Elon Moreh settlement, located east of Nablus.
100 units in the Halamish settlement, (where settlers have built a strategic outpost, with the protection of the IDF, in order to further restrict Palestinian access to the area);
25 units in the Peduel settlement, located in the northern West Bank and part of a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line into the very heart of the West Bank and on towards the Jordan Valley.
12 units in the Ariel settlement, located in the central West Bank.
10 units in the Etz Efraim settlement, located in the northern West Bank, one of several settlements slated to become a “super settlement” area.
7 units in the Rechelim settlement, located east of the Ariel settlement and south of Nablus, in the heart of the West Bank.

The Civil Administration advanced the following plans:

224 units in the Talmon settlement, located west of Ramallah.
204 units in the Shilo settlement, located in the central West Bank.
A plan for 180 units in the unauthorized Mitzpe Danny outpost, located east of Ramallah. If approved, the plan will have the effect of retroactively legalizing the outpost, which was built without Israeli permission in 1999 in an area that includes privately owned Palestinian land. The Binyamin Regional Council – a settler body acting as the municipal government for settlements in the central West Bank – has been angling to retroactively legalize Mitzpe Danny for some time. As part of that effort, the regional council successfully lobbied for approval of a plan to build an educational campus for settlers that will create a territorial link between the Maale Mikhmash settlement (which has official recognition from the government) and the outpost. That plan received final approval in January 2019.
160 units in the Kochav Yaakov settlement, located between Jerusalem and Ramallah.
92 units in the Tzofim settlement, one of the settlements that flank the Palestinian city of Qalqilya in the northern West Bank.
91 units in the Almon settlement, located northeast of Jerusalem.
136 units in the Givat Zeev settlement, located south of Ramallah.
63 units in the Maale Adumim settlement, located just east of Jerusalem.
A plan for 204 new units in the Shvut Rachel settlement, which only recently became an authorized settlement area when Israel extended the jurisdiction of the Shiloh settlement to include it as a “neighborhood” (along with three other outposts).

Peace Now said in a statement:

“Despite lacking a clear mandate, for this caretaker government it’s business as usual – Continue the massive promotion of harmful and unnecessary construction in occupied territory and in places that Israel will have to evacuate. Netanyahu continues to sabotage the prospects of peace, dragging Israel into an anti-democratic one-state reality resembling apartheid.”

The Yesha Council, an umbrella group representing all the settlements, celebrated the approvals, saying in a statement:

“To our delight, construction in Judea, Samaria and the Jordan Valley is commonplace and we are pleased to see that every few months plans are up in the Supreme Planning Council. The time has come for extremist Leftist organizations to accept that the U.S. has also declared that settling in Judea, Samaria, and the Jordan Valley is not contrary to international law and that applying Israeli sovereignty is a consensus in the State of Israel. After eight years of unprecedented construction freeze, the government regularly approves construction and we strengthen the hands of the Prime Minister and Defense Minister on their blessed work. We need more and more construction to promote the prosperity and growth of settlement.”

The head of the Binyamin Regional Council, Yisrael Gantz, spoke happily about the settlement advancements but also kept focused on the settlement movement’s ultimate demand: annexation. Gantz told Arutz Sheva:

“This is undoubtedly an important and significant step. I hope we will soon be able to applaud the application of full Israeli sovereignty and the closure of the Civil Administration in order to truly develop the regions of our amazing country, in the same way that it is possible in the entire State of Israel.”

Despite the celebratory remarks, settlers were disappointed with the final number of settlement units, which fell short of the 3,000 units Netanyahu promised to advance on the eve of the Likud primary leadership vote (which went in Netanyahu’s favor). When promising the 3,000 units, Netanyahu also promised:

“We are going to bring [secure] US recognition for our sovereignty in the Jordan Valley [and] in all the settlements, those in the blocs and those that are beyond it.”

Following ICC Announcement, Israel Begins Planning Jordan Valley Annexation

On January 5th, the inter-ministerial committee created to plan the annexation of the Jordan Valley held its first meeting, in an effort to prepare an official proposal for how Israel can annex the Jordan Valley. The committee – dubbed the “Sovereignty Committee” – is headed by the Prime Minister’s Office Director General Ronen Peretz and includes representatives from the Foreign Ministry, the Israel Defense Forces, and the National Security Council.

The meeting took place despite (or perhaps because of) reports that Netanayhu put Jordan Valley annexation plans in a “deep freeze” following ICC Chief Prosecutor Fatou Bensouda’s announcement on Dec. 20th that the Court will open an investigation into war crimes committed by Israel in the West Bank, East Jerusalem, and Gaza. Following those reports, the head of the Yesha Council, the settler umbrella group, David ElHayani spoke to Netanyahu on the phone to gain reassurance that the annexation plan was not frozen, which Netanyahu reportedly gave him.

Haaretz reports:

“Sources familiar with the establishment of the inter-ministerial committee told Haaretz that the insistence on moving forward with the discussions are mainly to show that the idea has not been abandoned due to international pressure.”

Plans Advance in East Jerusalem, Part 1: New Settlement Enclave in Palestinian Neighborhood

On January 8th the Jerusalem District Planning Committee granted final approval to a new 75-unit settlement compound to be built in the heart of the Palestinian East Jerusalem neighborhood of Beit Hanina. If built, it will be the first-ever authorized settlement project in Beit Hanina, located north of the Old City.

May by Haaretz

The Beit Hanina settlement plan – as FMEP has previously reported – is backed and promoted by settlement impresario Aryeh King, and it provides for the construction of a total of 150 new units in the southern end of the Beit Hanina neighborhood. The land slated for the 150 units is privately owned, 53% of the land is owned by an Israeli who is supportive of the plan, and 47% by a Palestinian company who objects to the plan and has fought against it. Because the land has not been surveyed to demarcate the split ownership, Israeli planning authorities decided that the settlement plan is designated for the entire property, with construction rights split evenly between the parties, meaning the 75 units granted final approval on January 8th represent the Israeli-controlled half of the project.

Ir Amim notes the larger picture of Isreali settlement activity north of the Old City:

“In close proximity to Ramat Shlomo to the southwest and Pisgat Zeev to the northeast, construction of this new compound may signal the beginning of a move to create contiguity between the two settlements, while fracturing the contiguous space between Bet Hanina and Shuafat. As exemplified by the ring of state-sponsored settlement strongholds throughout the Old City Basin, the establishment of a settler enclave in the midst of Beit Hanina will not only impact the fabric of this community, but will further erode opening conditions for a political solution to the conflict based on two capitals in Jerusalem.”

Ir Amim explains essential context:

“the plan will enable an ideologically driven settler outpost in the heart of Beit Hanina, a neighborhood located on the northern perimeter of East Jerusalem that has remained relatively untouched by Israeli settlement within its limits. Since the land in question is not far from Ramat Shlomo to the south-west and Pisgat Zeev to the north-east of it, its construction may mark the beginning of a far sweeping move to create contiguity between the two settlements, while driving a wedge between Bet Hanina and Shuafat.”

Plans Advance in East Jerusalem, Part 2: Reports on Har Homa & Rumors on Givat Hamatos

On January 7th, the popular Isareli broadcaster network Kan reported that the Prime Minister’s office has blocked a plan to build 2,000 new settlement units in the settlement of Har Homa, citing “diplomatic difficulties.” In response to an inquiry, the office did not deny the report, but issued the following statement:

“Israel has built in Jerusalem, is building in Jerusalem and will continue building in Jerusalem — while exercising judgment.”

Jerusalem expert Daniel Seidemann raised a key question and larger concerns about the reports concerning Har Homa, saying:

“The construction potential at Har Homa has been exhausted, and it’s not possible to build anything near 2,000 units. So what are they talking about? Something is clearly going on. Three possibilities come to mind, all problematic…Possibility no. 1: the nearby planned doomsday settlement of Givat Hamatos, which is awaiting tenders. Possibility no. 2: Hirbet Mazmoriyya, to the northeast of Har Homa. The lands owned by Palestinians that will have to be expropriated. Not likely. Too complicated and controversial. Possibility no. 3: the area wedged betw. Mar Elias Monastery, the Hebron Road, the 300 Checkpoint, dubbed Bethlehem Gate or Har Homa West. The land is ownership is a mixture of Palestinian &Church lands, along with settlement developers.”

Ir Amim notes that, while reportedly stalling the Har Homa plan, Netanyahu is – in fact – simultaneously facing mounting pressure to issue tenders for the construction of the Givat Hamatos settlement, the site for which is the northern border of Har Homa. Ir Amim writes:

“Last week, rightwing groups launched a coordinated campaign to exert pressure on Prime Minister Netanyahu to advance construction in the area of Givat Hamatos, which has been essentially frozen for the past six years. While the approval of the plan for 2,610 housing units in the area was formally published in 2014, there has been no announcement of tenders since then. This has been largely attributed to international opposition, namely from the United States and Germany. Likely attempting to ratchet up pressure on Netanyahu in lead-up to the upcoming elections in March, the campaign has been spearheaded on a public level by rightwing organizations. Several prominent rabbis known for supporting the settler movement penned a letter to the Prime Minister calling on him to announce the tenders for Givat Hamatos, while rightwing media outlets have published daily articles demanding an ‘end to the freeze.’ A rightwing institute likewise published a lengthy paper on the significance of establishing a new settlement in the area as a means of thwarting any potential future division of Jerusalem within the framework of a resumed peace process.”

Plan Advance in East Jerusalem, Part 3: Israel Approves Plans for Two More Settler-Run Tourist Sites in East Jerusalem

On December 25, 2019 the Jerusalem Local Planning approved two significant settler-backed schemes in East Jerusalem:

The committee approved the Israeli government’s plan to seize land in the Palestinian East Jerusalem neighborhood of Sheikh Jarrah, in order to establish a park adjacent to the infamous Shepherd Hotel, an historic/iconic building that was taken over by the radical Ateret Chohanim settler organization in 2011. The new park – called “Hakidron Park” has been discussed and considered by Israeli governments for the past 15 years.
The committee also approved the Israeli government’s plan to confiscate land in the Ras al-Amud neighborhood of East Jerusalem, for the purpose of opening a tourist and religious services center on the Mount of Olives, adjacent to the Jewish cemetery. The Jerusalem Municipality hired an architect, Arie Rahamivov, who is also employed by the radical Elad settler group for the planning and construction of their crown jewel: the Kedem Center in Silwan. The new center in Ras al Amud will be yet another tourist center under the management of Elad, which already operates another visitors center on the Mount of Olives.

Ir Amim writes:

“Approval of the aforementioned land expropriations would signal intent to begin construction at both sites and will help to further solidify the settlement ring around the Old City Basin. While both plans can be posited as innocuous municipal initiatives to serve local residents and visitors to the areas, such touristic projects play an integral role in expanding the scope of settlement strongholds in the area and creating a more contiguous Israeli space, while diffusing the political agenda behind these efforts.”

Plans Advance in East Jerusalem, Part 4: Tenders for Pisgat Zeev and Gilo

Ir Amim reports that the Israel Lands Authority published construction tenders for the following East Jerusalem settlements in early January:

3 tenders for a total of 461 new settlement units in the Pisgat Zeev
1 tender for commercial buildings in the Gilo settlement, located

For Second Time, Israeli Court Rules Against Settler Claim to Bakri House in Hebron

On December 23rd, the Jerusalem District Court ruled that the Palestinian Bakri family are the rightful owners of a disputed property in Hebron. This ruling should deal a final blow to the 18-year long legal battle settlers have waged to gain control of the Bakri family house (“should”, not “will”, because the settlers have repeated been dealt defeats in court and each time are able to manufacture a new claim or appeal) .

The ruling – which affirmed a March 2019 ruling by the Magistrate court, which the settlers had appealed – called for the immediate evacuation of the settlers whom Israel has permitted to illegally squat in the house while the legal processes were ongoing. For a full history of the Bakri house saga, see here.

Following the ruling, Peace Now said:

“[the] court again ruled that the settlers had forged [documents] and lied all along… We hope that after [almost] two decades of violence, lies and terror, justice will be carried out and the invaders will be evicted.”

Peace Now Wins Interim Decision Against Secretive Public Funding to Amana

In response to a Peace Now petition, on December 31st the Israeli High Court issued an interim decision that requires state bodies to request approval from the court before transferring funds to Amana, a settlement body which is known to undertake illegal settlement activities across the West Bank. Peace Now filed the petition after discovering that state bodies have been secretly funneling money to Amana.

Peace Now said in a statement:

“Amana is the most significant organization operating in the settlements. For decades, it has overseen the establishment of dozens of illegal outposts and neighborhoods with the help of massive budgets, some of which have been transferred from Israeli taxpayer money through local settlement authorities in violation of the law. The judges’ decision is a dramatic yet necessary step that limits, for the time being, this illicit transfer of funds to illegal projects in the settlements and outposts. We hope that in this spirit, the court will rule that public funds should no longer be transferred to Amana via subsidy procedures. This situation in which the State of Israel backs illegal activities with public funds is unconscionable, and we urge the Israeli government to put an end to it.”

Israeli Court Dismisses Palestinian Landowners’ Petition Against the Ofra Settlement

On January 6th, the Israeli High Court of Justice dismissed a petition filed by Palestinian landowners challenging the legality of the Ofra settlement. The petition was based on the fact that the settlement is partially built on privately owned Palestinian land. The court ruled that the majority of the settlement had been built on land expropriated by Israel, and that the minority of land that Palestinians claim ownership over was not enough to invalidate the entire Master Plan for the settlement. Further, the court stated that the settlement structures built on the privately owned Palestinian land were built by settlers “in good faith,” under the mistaken belief that land had also been expropriated by the Israeli government.

Map by Peace Now

This High Court ruling does not fix the legal status of Ofra settlement buildings, but it is nonetheless significant because it continues to deny Palestinians their property rights. Likewise, it gives a green light to the use of the “market regulation” principle to expropriate land in order to retroactively legalize the structures. As a reminder, the “market regulation” principle – which was invented by the Israeli Attorney General – holds that if settlers acted “in good faith” when they built on privately owned Palestinian land, the state can expropriate that land, thereby making what was illegal before, now perfectly legal.

The Ofra settlement’s legal situation has long been an issue that the Israeli government has tried to fix. Ofra was first established by settlers on land that the Jordanian government had expropriated in 1966, in order to build a military base (which was never built). The Israeli government used this pretext to expropriate the land in 1977, in order to recognize the Ofra settlement, which had been established illegally but with tacit cooperation of the government on the site two years earlier. However, the settlers built the majority of the Ofra settlement on land that was not expropriated by Israel in 1977 — land that was in fact registered to Palestinians from the nearby village of Ein Yabroud. In light of the legal status of the land, no Israeli government has since found a way to fix the legal status of these homes (not for lack of trying) – meaning that the majority of the structures in Ofra were built without permits, making them illegal under Israeli law.

Peace Now elaborates on what is at stake in the Ofra settlement case:

“Most of the houses built in Ofra (approximately 413 out of 625) were built on an area of 550 dunams of privately owned Palestinian land. In addition, hundreds of dunams of Palestinian private land were seized for roads in Ofra, as well as infrastructure and agricultural lands for the settlers. The only way to regulate the theft of these lands would be to expropriate them from the Palestinian landowners for the benefit of the settlers, in complete contradiction to the positions of previous Israeli governments and legal advisors, and contrary to binding rulings of the High Court. Although the current legal advisor (Avichai Mandelblit) allowed land expropriation in some places for settlement purposes (for example, in Haresha), in the regulation of massive land theft such as in Ofra the Israeli government would be crossing a new red line.”

FMEP documents the government’s efforts to expropriate Palestinian land for the settlements in its Annexation Policy Tables.

Bennett Launches Initiative to More Aggressively Demolish Palestinian Construction in Area C

Making the most of his appointment as Israeli Defense Minister in the current caretaker government, Naftali Bennett is pushing an initiative to annex Area C and to aggressively demolish Palestinian construction in the area (reminder: Area C constitutes nearly 60% of the West Bank; it is land that under Oslo II was supposed to have been “gradually transferred to Palestinian jurisdiction”).

As part of his efforts, Bennett has launched legal research into how Israeli can bring settlement building in Area C under the direct authority of the Justice Ministry, cutting out the Civil Administration. This Civil Administration, it should be recalled, is the arm of the Israeli Defense Ministry which acts as the sovereign power over the West Bank, in a system of governance Israel created based on its recognition of the different legal status of the area. Bennett has called for that system to be disbanded (in addition to annexing Area C). To be clear: transferring the construction and planning processes in Area C to domestic Israeli jurisdiction would by any definition constitute the Israeli state extending its sovereignty over area — an act of annexation.

Bennett has requested that Defense Ministry officials present several legal options for how Israel can bring planning processes under the Justice Ministry (integrating the settlements into the normal planning process). The settler-run Arutz Sheva outlet attributes the following quote Bennett in a private meeting:

“We are in essence discussing applying procedural sovereignty only. Full sovereignty is under the authority of the political echelon, but this is a step in the right direction. There is no reason that residents of Judea and Samaria should continue being discriminated against. We must stop this. Residents of Beit El and Ariel are no less Zionist than residents of Kfar Saba and Tel Aviv. They pay taxes and serve in the army, and they need to receive the same services from the government.”

Bennett is also advancing several initiatives that will empower and compel the Civil Administration to more aggressively enforce demolition orders against Palestinian construction in Area C (based on Israel’s policy of not granting permits to Palestinians in Area C, nearly every Palestinian structure in this territory has a demolition order pending against it). Bennett is also eyeing ways to combat what he considers illegitimate and nefarious funding from the European Union to Palestinian communities living in Area C. Israel Hayom reports:

“Bennett’s plan to stop the Palestinians from chipping away at Area C demands action in four areas: Operational, economic, legal, and PR. He wants to change enforcement priorities to put an emphasis on eradicating illegal buildings in strategic locations rather than by numbers. For example, home demolitions would be carried out in accordance with Israeli interests, prioritizing illegal buildings next to roads or settlements. Bennett also instructed the Central Command and the Civil Administration to work more closely to implement his plan and asked that the Civil Administration report to him monthly to update him on progress. Meanwhile, the defense minister is weighing the possibility of allocating more resources to the Civil Administration for enforcement, which would entail hiring more personnel. Bennett also wants to take steps to stop the flow of European money that funds the illegal Palestinian construction in the first place, allowing the “Fayyad Plan” to flourish.”

Bennett Appoints Key Settler Ally to Lead New Government Task Force on Area C Annexation Plans, Immediately Announces Plan to Legalize Settlements

In addition to his new initiative targeting Palestinian construction in Area C, Israeli Defense Minister Naftali Bennett announced that he has created an inter-ministerial taskforce to develop settlement and annexation plans for the future of Area C in the West Bank.

Bennett’s chief of staff, Itay Hershkowitz, has been in weeks-long consultations with key settler leaders to decide what items to act on immediately. Haaretz reports their agenda includes:

Allowing Jews to privately purchase land in the West Bank. [See here for a detailed explanation of this complicated matter]
Connecting unauthorized outposts to water and electricity.
Granting official recognition to unauthorized outposts that are located near established settlements by recognizing them as “neighborhoods” of the settlement.
Repealing a military order that empowers the Civil Administration to evict settlers from privately owned Palestinian land with or without a Palestinian-initiated petition to have the settlers removed.
Legalizing 30 sheep farms in the West Bank that are under pending demolition orders.

On Thursday, Bennett announced that he has appointed West Bank settler Koby Eliraz to lead the new taskforce. Calling Eliraz a “bulldozer,”Bennett said:

“The territorial future of the Land of Israel is at stake. The State of Israel has simply not been up to the task of stopping [Palestinian construction]. We are changing direction and embarking on a battle that Israel must win… The defense establishment will fight for this territory, and it is essential for someone to lead this campaign.”

Eliraz previously served as Netanyahu’s settlement advisor, but was fired by the Prime Minister in June 2019 reportedly because he was believed to be allied too closely to Netanyahu rival Avigdor Liberman, who Netanyahu also dismissed. At the time of Eliraz’s firing, settler leaders were outraged and published a letter asking Netanyahu to reverse Eliraz’s firing, suggesting that Eliraz’s absence will hinder government efforts to retroactively legalize outposts. The letter noted:

“Kobi has taken care of Israeli settlement and its residents with great professionalism. He is credited for many advancements [on our behalf] in the fields of construction, infrastructure development, security and more.”

The Times of Israel observed, significantly, that the Yesha Council was able to get every single settlement Mayor to sign the letter in support of Eliraz, explaining:

“The Yesha Council in recent years has struggled to get all of its members on board with its initiative, but the umbrella group’s ability to gather the signatures of every Israeli mayor beyond the Green Line is testament to the broad respect that Eliraz holds among settler leader.”

Following ICC Announcement, Pompeo Says Israel Has “Fundamental Rights” to Land

At a press briefing on December 22nd, U.S. Secretary of State Mike Pompeo did not specifically address the ICC announcement, but made lengthy comments regarding statements from European countries and the European Union that were critical of the new U.S. position on settlements (that they are not “per se illegal” under international law). Pompeo’s comments hold relevance to the U.S. position on the ICC case and more generally on the U.S. approach to the Israeli-Palestinian conflict:

“First, the legal analysis that the EU performed [on settlements] we just think is wrong. We think they have an improper analysis of the international law surrounding this. So as the technical legal matter, [EU Foreign Minister] Ms. Mogherini just – she’s just wrong. And so we are doing our level best to demonstrate to them our legal theory, our understandings, and why it is that we’re convinced that under international law these settlements are not per se illegal. So we’re working that element of it as well. But at another level, and perhaps at the level that will lead to the right outcome, which is why we did this, this has to be resolved through political means, and we hope that all nations, including member nations inside of the EU and the EU itself and countries all over the world, will come to recognize the fundamental rights that the Israeli people have to this land, to this space. There are real security needs. The risk that is presented from the world as anti-Semitism is on the rise, we hope that every nation will recognize that and weigh in on this conflict in a way that is constructive, that will ultimately lead to the peace that is so desperately needed.” [Emphasis added by editor]

Pro-Settlement Legal Forum Conference Draws Big Names, Big Promises

The Kohelet Policy Forum, a right-wing advocacy organization that has enormous influence with senior Israeli – and increasingly American – government figures, hosted a “Conference on the Pompeo Doctrine” in Jerusalem, Jan. 7-8, 2020. The conference served as a gleeful celebration and forward-looking projection of what the new U.S. settlement policy towards settlements means for Israel. The conference drew participation from all the leading Israeli politicians and several senior members of the Trump Administration, including Secretary of State. Pompeo. Key quotes from the conference speakers are copied below.

U.S. Secretary of State Mike Pompeo:

“We’re recognizing that these settlements don’t inherently violate international law. That is important. We’re disavowing the deeply flawed 1978 Hansell memo, and we’re returning to a balanced and sober Reagan-era approach. “In doing so, we’re advancing the cause of peace between Israelis and Palestinians.”

U.S. Ambassador David Friedman:

“…when we came into office the lingering issues included three of significant importance: the status of 1) Jerusalem, 2) the Golan Heights and 3) Judea and Samaria. We have approached them in ascending order of complexity…I thank God that President Trump had the courage and the wisdom to recognize Jerusalem as the capital of Israel and move our embassy to Jerusalem from Tel Aviv…In recognizing Israel’s sovereignty over the Golan Heights, President Trump, evaluating the continuous malign and barbarous threats posed by Syria, concluded that no northern boundary for Israel would be secure except a boundary that incorporated the Golan. He acted well within the language of 242. [Judea and Samaria] is certainly the most complicated of the issues because of the large indigenous Palestinian population. Over the years before we came into office, it’s only gotten more complicated and more challenging. The proverbial goalposts have moved and moved – to the point today where they are no longer even on the field….The Pompeo Doctrine does not resolve the conflict over Judea and Samaria. But it does move the goalposts back onto the field. It does not obfuscate the very real issue that 2 million or more Palestinians reside in Judea and Samaria, and we all wish that they live in dignity, in peace, and with independence, pride and opportunity. We are committed to find a way to make that happen. The Pompeo Doctrine says clearly that Israelis have a right to live in Judea and Samaria. But it doesn’t say that Palestinians don’t….it calls for a practical negotiated resolution of the conflict that improves lives on both sides.”

Israeli Prime Minister Netanyahu said:

“I will not let any settlements be uprooted in any diplomatic plan. This idea of ethnic cleansing… it won’t happen. There is a window of opportunity. It opened, but it could close…There was no West Bank separate from the rest of the land. It was seen as the heart of the land. We never lost our right to live in Judea and Samaria. The only thing we lost temporarily was the ability to exercise the right. When Israel returned to the West Bank We didn’t return to a foreign land. That is a distortion of history. Jews lived in Jerusalem and Hebron for thousands of years consecutively…The Pompeo declaration about the status of the towns [in Judea and Samaria] establishes the truth that we are not strangers in our land. In a clearly defensive war, we returned… to the land where our forefathers put down roots thousands of years ago…Unlike some in Europe who think the Pompeo declaration distances peace, I think it will promote peace, because peace must be based on truth, not lies. Settlements are not the root of the conflict. We are standing with justice and the truth. It is a great struggle.”

Israeli Defense Minister Naftali Bennett on Area C annexation and his initiatives in that regard:

“Our aim is that within a decade a million Israeli citizens will live in Judea and Samaria” and later “Our objective is that within a short amount of time, and we will work for it, we will apply [Israeli] sovereignty to all of Area C, not just the settlements, not just this bloc or another. We are embarking on a real and immediate battle for the future of the Land of Israel and the future of Area C. It started a month ago and I am announcing it here today. A month ago, I convened a meeting and I explained the clear directive, the State of Israel will do everything to ensure that these territories [Area C] will be part of the State of Israel.”

Likud MK and former Mayor of Jerusalem Nir Barkat said:

“I am confident that Secretary Pompeo’s statement is an integral part of the American plan and is closely linked to Jared Kushner’s proposal advanced in Bahrain promoting significant economic investment in the Palestinian economy…Now is a perfect opportunity to similarly grow the communities throughout Judea and Samaria at a pace like never before. This declaration is a recognition of the legal and historic right of the Jewish people to live wherever we wish. This is how it should be in other parts of the world and certainly here in the Jewish State. This declaration is therefore an exceptional opportunity for Israel to ensure our continued growth and expansion throughout these areas. Israel needs to set a goal for the settlement of two million people in Judea and Samaria within fifty years. This is a commitment which requires that we already now lay the framework to make that possible and this is an investment which will also benefit the Palestinian people” [Editor’s note: Barkat has been working with Harvard Professor Michael Porter to promote an economic peace scheme, most recently speaking at Harvard about the plan in December 2019]

Eugene Kontorovich, Director of International Law at the Jerusalem-based Kohelet Policy Forum and a key shaper of anti-BDS/pro-settlement legislation in U.S. Congress and across state governments, said:

“American Policy is now clearer than ever, Jews living in Judea and Samaria is not a crime. For decades, the obscure Carter-era memo was used as justification for anti-Israel policies despite the fact that its conclusions were rejected by subsequent administrations. Sec. Pompeo’s statement at the Kohelet conference today makes clear the U.S.’s wholesale rejection of the legal theory that holds that international law restricts Israeli Jews from moving into areas from which Jordan had ethnically cleansed them in 1949.”

Bonus Reads

“The Atarot Exception? Business and Human Rights Under Colonization” (Marya Farah in Jerusalem Quarterly)
“The Decade Israel Erased the Green Line” (+972 Magazine)
“Settlers are seizing ‘empty’ land. The Palestinian owners are fighting back” (+972)
“Israeli Right Wants to End Peace with Jordan” (Haaretz)
“Security official says police, courts scuttling efforts to curb settler violence” (The Times of Israel)

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 8, 2019

Israel Advances Plans for 2,342 New Settlement Units
Israeli Government Approves Settler-Initiated Plans for Cable Car in Jerusalem — Despite Professional, Human Rights Objections
Israel Plans to Build a New Waste Treatment Plant (to serve Israelis) in the West Bank
No More Waiting: MKs Introduce Annexation Bills Despite Political Deadlock
Annexation-via-New Roads (the new Smotrich Plan)
Annexation-via-Movies (Govt-Funded Settlement Hasbara)
Annexation-via-Education (Ambassador Friedman’s Favorite Medical School)
Settler Leaders Elect New Chairman of the Yesha Council
Israeli Official Calls on Evangelicals to Defend Settlements, Fight BDS, and Support “Economic Peace”
Bonus Reads

Questions/comments? Contact Kristin at kmccarthy@fmep.org

Israel Advances Plans for 2,342 New Settlement Units

With little attention, on October 10th the High Planning Council – a body within the Israeli Defense Ministry’s Civil Administration, responsible for regulating all construction in the West Bank – advanced plans for 2,342 new settlement units, as well as for two additional settlement projects. Of that total, 719 units were approved for validation (the penultimate step in the planning process), and 1,623 settlement units were approved for deposit for public review (an earlier but decisive stage in the planning process).

The 719 units which received final approved for validation comprise:

207 units in the Bracha (aka Har Bracha) settlement, located south of Nablus. In September 2019, the Israeli Central Command signed an order that expanded the settlment’s jurisdiction, a move which paved the way for the approval of these new units (see our September 2019 report). According to Peace Now, this plan – if implemented – will significantly expand both settlement’s population and its physical footprint.
206 units in the Tzofim settlement, located north of the Palestinian town of Qalqilya – a town completely encircled by Israel’s seperation barrier (except for a single road connecting it to the rest of the West Bank) – in the northern West Bank.
166 units in the Alei Zahav settlement, located in a string of settlements stretching across the northern West Bank. Alei Zahav and its settlement neighbors create a contiguous Israeli populated areas linking Israel proper (west of the Green Line) all the way to the Ariel settlement, located in the heart of the West Bank (the eastern end of Ariel is closer to the Jordan border than to the Green Line). Notably, Alei Zahav is one of the settlements in which the “market principle” has been applied to legalize settlers theft of land recognized by Israel as belonging to Palestinians (see our July 2019 report).
140 units in the Mezadot Yehuda settlement, located at the very southern tip of the West Bank, just south of the Palestinian village of Susya, which the Israeli government has been threatening to demolish for years. This plan would nearly double the number of authorized units in the settlement.

Also receiving final approval for validation:

A plan to retroactively legalize the illegal Brosh outpost in the Jordan Valley. According to Peace Now, the Brosh settlement serves as an educational institution that houses hundreds of students and families of staff members.
A plan to build a tourist/visitors center in the Shilo settlement – where settlers and the Israeli government have been investing in developing tourism sites for Jewish and evangelical tourists.

The 1,623 units which were deposited for public review include:

609 units in the Beitar Illit settlement, located west of Bethlehem, near the Green Line. Beitar Illit is a massive, fast-growing ultra-Orthodox settlement.
382 housing units in the Dolev settlement, located west of Ramallah. This is a significant plan for Dolev, as it will more than double the number of existing units. Prime Minister Netanyahu previously promised to build 300 new units in Dolev in response to a Palestinian-perpetrated bombing at a spring (which settlers had taken over from Palestinians) near the settlement that killed a 17-year old Israeli and injured several others.
182 units in the Mevo’ot Yericho settlement, located north of Jericho in the Jordan Valley. The validation of this plan is the actualization of the Israeli security cabinet decision to grant the illegal outpost of Mevo’ot Yericho retroactive legalization, an action for which the security cabinet urgently convened on the eve of the September 19th elections. The plan approved by the High Planning Council on Oct. 10th granted legalization to the existing 20 existing units and, if implemented, will allow the settlement to significantly expand.
146 units in the Kfar Etzion settlement, located southwest of Bethlehem.
140 units in the Kerem Reim outpost located north west of Ramallah. Peace Now has repeatedly challenged the illegal construction of the Kerem Reim outpost, which the Israeli government retroactively legalized by declaring it a neighborhood of the Talmon settlement even though the areas are non-contiguous. Though a court rejected one Peace Now petition, there is an ongoing case against the Amana settler organization which Peace Now alleges engaged in illegal activities to build the outpost.
100 units in the Nokdim settlement, located southeast of Bethlehem. Former Israeli Defense Minister Avigdor Liberman – currently one of the most important figures in the race to form a governing coalition – lives in Nokdim.
64 units in the Telem settlement, located west of Hebron.
A plan to build new shops and services in the Kochav Yakov settlement, located between Jerusalem and Ramallah.

Peace Now said in a statement:

“The figures speak for themselves. Netanyahu continues to sabotage the possibility of a political agreement with the Palestinians by promoting more settlement construction in the West Bank, including in places where Israel may have to evacuate as part of a future agreement. This is yet another dangerous step for both Israel and the Palestinians, led by a transitional prime minister whom the public did not trust in his policies. The next government must put a freeze on the development of settlements and to strive for immediate resumption of negotiations with the Palestinians without preconditions and to end the bloody conflict based on the principle of two states for two peoples.”

The European Union issued a statement criticizing the approvals, saying:

“The European Union’s position on Israeli settlement policy in the occupied Palestinian territory is clear and remains unchanged: all settlement activity is illegal under international law and it erodes the viability of the two-state solution and the prospects for a lasting peace, as reaffirmed by UN Security Council Resolution 2334. Israeli authorities also approved a building permit for the construction of a new tunnel road, which bypasses Bethlehem to the west. The progressive construction of a separate road network, connecting settlements and outposts to each other and to the road network in Israel while circumventing Palestinian towns and communities, is entrenching the fragmentation of the West Bank. The EU calls on Israel to end all settlement activity, in line with its obligations as an occupying power. The EU will continue to support a resumption of a meaningful process towards a negotiated two-state solution, the only realistic and viable way to fulfil the legitimate aspirations of both parties.”

Israeli Government Approves Settler-Initiated Plans for Cable Car in Jerusalem — Despite Professional, Human Rights Objections

On November 4th, the Israeli Housing Cabinet approved a settler-initiated plans to build a cable car line in East Jerusalem, despite the fact that the Israeli Attorney General has not yet rendered a decision on whether plans for such a significant and sensitive project can be advanced by a caretaker Israeli government. Emek Shaveh – an Israeli NGO fighting the politicization of archeology in Jerusalem – announced that it intends to appeal the approval to the Israeli Supreme Court.

As FMEP has repeatedly covered, this Jerusalem cable car project is an initiative of the Elad settler organization (which is building a massive tourism center – the Kedem Center – in the Silwan neighborhood, which will be a stop along the cable car’s route). The scheme is intended to further entrench settler control, via archeology and tourism sites, inside the Silwan neighborhood of East Jerusalem, while simultaneously delegitimizing, dispossessing, and erasing the Palestinian presence there. Non-governmental organizations like Emek Shaveh, Who Profits, and Terrestrial Jerusalem have repeatedly discredited the government’s contention that the cable car serves a legitimate transportation need in Jerusalem, and have clearly enumerated the obvious political drivers behind the plan, the archeological heresies it validates, and the severe impacts the cable car project will have on Palestinian residents of Silwan.

Ir Amim field researcher Aviv Tartarsky told Middle East Eye:

‘The project is a way to whitewash Israel’s taking of areas in Silwan to use for archaeological and touristic reasons…If someone wants to go to the Western Wall of the Old City, they have to go through the ELAD activity centre. This project will give ELAD legitimacy and influence, as it is taking part in a governmental project. This is the political reason for why the government is doing this project,’ Tatarsky said.”

Israel Plans to Build a New Waste Treatment Plant (to serve Israelis) in the West Bank

In October 2019 the Israeli government issued a construction tender to build a waste-to-energy plant in the West Bank, on an area of land that is within the jurisdiction of the Ma’ale Adumim settlement where several Palestinian Bedouin communities live. The plant – which is expected to cost USD $284 million (1 billion NIS) – will treat Israeli-generated waste.

B’Tselem – which previously published a comprehensive report criticizing the illegal Israeli practice of exporting its waste to the occupied territories – writes:

“For many years, Israel has been taking advantage of its power as occupier to transfer the treatment of waste (including hazardous waste) and sewage from its sovereign territory to the West Bank. To that end, it has created a situation in which environmental legislation in the West Bank is much laxer than inside Israel, conveniently overlooking the long-term impact of environmental hazards on the Palestinian population and on natural resources, and neglecting to prepare future rehabilitation plans. This has created a financial incentive to transfer the treatment of environmental hazards from Israel to the West Bank. The Palestinians who live in the occupied territory are the ones to pay the price for this environmental damage, even though they were never asked their opinion on the matter and although, as a population under occupation, they have no political power and no real ability to resist.”

B’Tselem also takes aim at the European Union (EU), which has invested millions in the implementation of the Isareli Ministry of Environmental Protection’s 2030 strategic plan, of which the waste-to-energy treatment plant is a part. B’Tselem writes:

“In 2019, Israel and the EU signed an agreement as part of the EU’s twinning instrument, which establishes cooperation with the EU’s neighboring countries, guaranteeing Israel approximately 1.5 million euros over the next two years to support the Ministry of Environmental Protection’s implementation of its 2030 strategic plan. In the agreement, Israel committed to creating a legal framework that adopts European practices and standardization for sustainable waste treatment. As in every agreement between the EU and Israel, it contains a territorial clause that stipulates that it will not apply beyond Israel’s 1967 borders. Yet the EU’s support for the ministry’s strategic plan – which defines the establishment of the plant at Ma’ale Adumim as a goal and presents the exploitation of West Bank land to resolve environmental problems as a matter of course – empties this annex of meaning. By supporting this plan, the EU will be supplying Israel with knowledge and experience that will help deepen its exploitation of Palestinian land resources and bolster the economic status of the Ma’ale Adumim settlement.”

No More Waiting: MKs Introduce Annexation Bills Despite Political Deadlock

Israeli political figures appear to be done waiting for a new government to be formed before acting on the loud signals from the Trump Administration supporting Israeli annexation of West Bank land.

On November 4th, Yamina party leader Ayelet Shaked filed a bill with the Knesset to unilaterally annex the Jordan Valley, the Ma’ale Adumim settlement just east of Jerusalem, and all 22 settlements and 75,000 Israeli settlers in what is broadly termed the Etzion “settlement bloc” located south of Bethlehem. Shaked’s bill calls for Israel to “apply sovereignty” to these settlements, which in practice would constitute the annexation of the settlements. Applying Israel law to areas outside of Israel’s sovereign borders is de facto annexation, as FMEP has explained and documented.

Shaked urged expeditious consideration of the bill, saying:

“There is a diplomatic window of opportunity and willingness on the part of the US for this kind of annexation that will not return. We cannot afford to hesitate or wait. We must take advantage of this window of opportunity immediately and begin to apply sovereignty over these areas. It is for this reason that the State of Israel cannot be dragged into another election cycle.”

On November 3rd, Likud MK Sharren Haskel submitted a draft bill for the annexation of the Jordan Valley, a bill she has introduced previously without success. Haskel said:

“It’s time to make the residents of the Jordan Valley legal Israeli citizens, thus kick-starting the development and prosperity of the region.The communities of the Jordan Valley and their residents are a strategic resource of the highest order for Israel. There is a wide consensus today about the region, following the long-awaited U.S. president’s recognition of the Golan Heights as under Israeli sovereignty. It is time to do the same with the Jordan Valley. After Blue and White leader Benny Gantz proposed to do the same, I call upon him and my fellow party members to support my proposal.”

In March 2019, ahead of the first round of Israeli elections this year, leaked reports suggested that U.S. diplomats were engaged in discussions with Israel about the latter’s intention to annex several “settlement blocs” – even more so-called blocs than called for by Shaked’s latest plan – following the elections. The reports were not corroborated by U.S. sources, but in the intervening time U.S. Ambassador to Israel David Friedman has made repeated statements to the press (in addition to speculative reporting about a forthcoming U.S. political plan) in support of Israel’s right to annex territory in the West Bank – cues the Israeli government has enthusiastically welcomed. In the lead-up to the September elections, Netanyahu vowed to annex the Jordan Valley should he be reelected, a plan endorsed by his rival Benny Gantz and supported by then-U.S. National Security Advisor John Bolton.

As a reminder, over the years there has been no shortage of attempts to normalize the idea that Israel will retain “settlement blocs” in any negotiated peace agreement — logic that originally applied narrowly to the Etzion bloc (defined on much less expansive terms), Maale Adumim, and, in the eyes of some, Ariel. The terminology has been exploited for decades by the Israeli government to convey legitimacy to building in the so-called “blocs.” Over the years the definition of what is a “bloc” has been twisted to include a much larger idea of the Etzion bloc, as well as the entire Jordan Valley. The implied idea regarding what the blocs are and the fact that they are inarguably Israel’s to keep, is incredibly misleading. The term “settlement blocs” has no formal definition or legal standing, and the future of the blocs – no matter how they are defined – is indisputably a matter at the heart of what will one day be negotiations aimed at a two-state solution (if there is ever to be such a solution). For more context, see resources from Americans for Peace Now here and here. (NOTE: A Haaretz investigation last year estimated that a total of 380,000 Israeli settlers live in the West Bank, of which 170,000 live outside of the so-called blocs, as defined by Haaretz).

Annexation-via-New Roads (the new Smotrich Plan)

On November 1st, Israeli Minister of Transportation Bezalel Smotrich unveiled a new government plan to advance Israeli “sovereignty through transportation.” The plan calls for massive investment (USD $283 million) in new/expanded roads and rails lines, for the express purpose of more seamlessly integrating Israeli settlements into Israel proper. Smotrich made clear that his ultimate goal is the complete integration of the West Bank into the national planning mechanisms of Israel proper. The move will erase the government’s current distinction between transportation projects in the West Bank (across the Green Line) and Israel proper [fun note: the Israeli Ministry of Foreign Affairs has an official map posted on its website entitled, “Transportation and Built-Up Areas” that includes the entire West Bank as part of Israel).

Touting the significance of his plan, Smotrich said:

“I do not give preference to Judea and Samaria [the West Bank] but also am not willing to continue the discrimination. These areas will receive treatment just like anywhere else in Israel. While it is only about roads and trains, it has political significance.”

Smotrich created a new bureau for “Judea and Samaria Planning” within the Transportation Ministry to oversee the implementation of this project, and more generally ensure that the ministry is geared towards serving the settlements as a matter of normal business. The institutionalization of such bureaucratic structures within the Israeli government is a significant, and often overlooked, mechanism by which the Israeli government has been engaging in annexation for years. The new bureau – much like parallel structures former Minister Ayelet Shaked set up in the Justice Ministry – is a formal and public statement that the Israeli government is pursuing (and allocating resources to) annexing the settlements.

It should be noted that Israel has used infrastructure projects in the West Bank to advance its settlement agenda, and to further fragment Palestinian life – two completementary goals powerfully explained by B’Tselem in a recently released interactive: “Conquer and Divide: The Shattering of Palestinian Space by Israel.”

FMEP tracks developments related to the ongoing annexation of West Bank land in its Annexation Policies Tables.

Annexation-via-Movies (Govt-Funded Settlement Hasbara)

On November 6th, Israeli Cultural & Sports Minister Miri Regev announced new government funding for film projects initiated by Israeli settlers. According to the guidelines, the new funding will support Israeli citizens living in West Bank settlements who want to make documentaries and films.It is widely understood that the goal is to encourage the creation of more pro-settlement propaganda.

Celebrating her new initiative, Regev essentially admitted that annexation was her motive, saying:

“I made a promise and I am keeping my promise! We are making history today. The Culture and Sports Ministry will support the regional production of films in the north, and for the first time in Judea and Samaria too, and in the hope that in the near future also in the south… The wheels of cultural justice, which bring to expression the range of voices in Israeli society, have worked quickly and now another stage in correcting the cultural map in Israel has been completed. The artists from the periphery, the north and from Judea and Samaria, will become more and more in the center of things, not just on stage but also on the screens. Soon we will allow them to express their ability and talent.”

One critic of the fund, Israeli producer Liran Atzmor, nailed why the new fund is highly problematic and a tool of de facto annexation:

“Setting up a fund that supports filmmaking in the occupied territories with Israeli taxpayers’ money amounts to creeping annexation, which is happening in many areas, obviously, but is happening now more forcefully in the realm of culture, thanks to this fund. As long as the fate of those territories has not been determined, one cannot accept the fact that public funds are distributed there to people of only one color, one nationality and one religion.”

Shlomo Eldar writes:

“…And that is the whole point, to show life in the settlements in a positive light, as a Zionist enterprise glorifying the State of Israel. Head of the Samaria Regional Council Yossi Dagan described the fund as a ‘giant piece of good news. … I believe this move will bring the story of Judea and Samaria to the big screen. … I call on all artists to take part in this party, to come and film in Judea and Samaria and tell its story, so that we can present the public with other faces and other stories that have yet to be seen on the screen’.”

Libby Lenkinski, Vice President of the New Israel Fund, explained in a tweet:

“Creeping annexation and normalization of settlements is not just happening on the land, it’s also a narrative strategy that uses arts and culture funding to move forward. #StopAnnexation”

Annexation-Via-Education (Ambassador Friedman’s Favorite Medical School)

Despite delays and scandals, the sparkling new medical school at Ariel University has officially launched its first school year, with a ceremony attended by a who’s-who of settlement financiers and supporter rejoicing in the opening of the school and in the implications of its opening for the Greater Israel enterprise.

Dr. Miriam Adelson and her husband, Trump-backer/U.S. casino magnate Sheldon Adelson, were in attendance. The Adelsons donated $20 million to the medical school, which was named after Miriam. Addressing the crowd, Dr. Adelson said:

“In Israel, being Israel, we also had to withstand our tribulations. In Israel, being Israel, there were opponents who tried to block the establishment of a critical institution on ancient Jewish land and to deny us legitimacy. But we won, Zionism won, the truth won.”

U.S. Ambassador David Friedman recited the “shehecheyanu,” a prayer of gratitude to God, as part of his speech, also exclaiming:

“A new medical school has opened in Samaria. It’s worth saying that again: A new medical school has opened in Samaria! How many people ever thought those words would be spoken?…The United States Embassy enjoys warm relations with Ariel University, and we are inspired by its contributions to Israeli society and to the scientific world.” [NOTE: “Samaria” is a biblical name used mainly by settlers and their allies to refer to the northern part of the West Bank]

MK Naftali Bennet put an even finer point on the significance of opening a medical school in Ariel settlement, saying:

“No longer is there a Green Line. We are one [united] Israel and that is how it should be. We are going to serve everyone here.”

There are 70 Israeli students enrolled to attend the settlement university. Even though classes are set to begin, the medical school still does not have an approved budget for the 2020 school year.

As a reminder, the Ariel settlement is located in the heart of the northern West Bank, reaching literally to the midpoint between the Green Line and the Jordan border. The future of Ariel has long been one of the greatest challenges to any possible peace agreement, since any plan to attach Ariel to Israel will cut the northern West Bank into pieces. Nonetheless, in February 2018, the Israeli Knesset passed a law extending the jurisdiction of the Israeli Council on Higher Education to universities in the settlements (beyond Israel’s sovereign borders) – an act of de facto annexation. The law was necessary to ensure that the Ariel settlement medical school (and its graduates) would be entitled to all the same rights, privileges, and certifications as schools and students in sovereign Israel. FMEP has tracked this process, and all other annexation policies in its Annexation Policy tables. A fuller history of the Ariel Medical School saga can be found here.

Settler Leaders Elect New Chairman of the Yesha Council

David Elhayani was narrowly elected to serve as the next Chairman of the powerful settler Yesha Council – an umbrella body representing all the settlement regional councils. Elhayani is a well known personality, having served for 10 years as the head of the Jordan Valley Regional Council (a quasi municipal body serving the needs and interests of settlements in the Jordan Valley).

The Times of Israel’s settlement correspondent Jacob Magid explains the relevant politics involved behind Elhayani’s narrow victory over Yigal Lahav, a younger, more radical voice:

“Elhayani and Lahav represented opposite sides of an intensifying rift between an older generation of settler leaders that is closely aligned with Prime Minister Benjamin Netanyahu and a younger group of council chairmen who believe in acting more aggressively on behalf of the movement, even if that means being at odds with right-wing governments that the Likud chief has led. Elhayani, from the old-timer’s camp, edged out Lahav 13-12 after the votes of 24 West Bank council chairman plus settler elder Zeev ‘Zambish’ Hever were counted.”

Elhayani addressed the dynamics of the old guard (of which he is a part) vs. new, more radical, guard ahead of the elections, saying:

“There’s a crisis of trust in the Yesha Council where many council chairmen don’t see the body as being capable of serving the needs of their residents. Many council chairmen don’t show up to Yesha meetings at all.”

Elhayani promised a more “aggressive” demeanor so that those the Council represents will see that they “finally have someone who will fight for them.” So, despite being what some settlers may consider the “mainstream,” i.e. less willing to aggressively challenge the perceived slow-walking of settlement expansion and annexation by the Israeli government, Elhayani is still best understood as an ideologue in his own right.

Ahead of the vote, Elhayani did offer strong criticism of what he sees to be the Isareli government’s discrimination against the settlements, saying that he will fight for better “quality of life”for the settlements – making infrastructure as a core part of his agenda:

“Our residents are sick of the poor infrastructure that has led to power outages, water shortages and traffic jams. It is the responsibility of settler leadership to provide adequate services. You cannot improve quality of life until you improve infrastructure. We still need to be aggressive in demanding infrastructure improvements in the meantime, in addition to preventing a Palestinian takeover of Area C so that there will be something to [annex] when the time comes.”

Israeli Official Calls on Evangelicals to Defend Settlements, Fight BDS, and Support “Economic Peace”

Speaking to an audience of leaders in the evangelical media world, a top Netanyahu aid asked the crowd to join Israeli government efforts to defend the legitimacy and permanence of the settlements, and coached the crowd on how to frame settlements in a way that advances their normalization.

This was the third annual “Christian Media Summit” hosted by the Israeli Government Press Office to develop the group into “ambassadors for Israel.” According to Haaretz, the 2019 event was attended by approximately 150 journalists, mostly from the United States, working for Christian media outlets from 30 different countries. Entitled, “Between Jerusalem and the Golan: International Recognition,” the event featured addresses by Benjamin Netanyahu and President Reuven Rivlin. U.S. Ambassador David Friedman attended as well.

Speaking to the group, Deputy Chief of Foreign Affairs Reuven Azar said:

“The return of Jews to Judea and Samaria is not a curse, it’s a blessing for all the residents of the area…Calling for their expulsion is a recipe for destruction and for chaos… Look what happened when we went out of Gaza. Our presence in Judea and Samaria [the West Bank], and in Jerusalem brings stability… because we bring security by fighting the bad guys…We must partner in embracing our brothers and sisters who live in Judea and Samaria, and fight against those who claim their presence is illegal, or try to dehumanize them through different means. Help us to fight boycotts, they are not just, and they hurt us and they hurt our neighbors even more. ‘The revival of the Jewish people in the land of Israel is a divine promise being fulfilled…It is a blessing for our people, our region, for the world. A force for good, a force for peace, prosperity and happiness’.”

Following his remarks, the Front for the Protection of Democracy – an Israeli NGO – filed a complaint with the Civil Service Commission seeking disciplinary action against Azar. The Prime Minister’s Office quickly came to Azar’s defense, saying: “Political adviser Reuven Azar expressed government policy.”

Azar repeatedly referred to settlements as “communities” – a term that erases the illegality of those “communities” under international law. This pro-settlement framing was recently endorsed by outgoing U.S. advisor Jason Greenblatt. Azar also touted the now familiar but Orwellian claim that settlements are an economic gift to the Palestinians, claiming that “communities [settlements] in Judea and Samaria [the West Bank] provide opportunities, and jobs…” Azar invited the audience to visit the Barkan industrial zone, stating: “The best paying jobs for Palestinians are in Barkan.”

As FMEP has previously explained, for decades Israel has used industrial zones as another tool to expand and deepen control over West Bank land and natural resources. Industrial zones perpetuate Israel’s economic exploitation of occupied territory (including the local workforce, land, and other natural resources), and that it is Orwellian to label such initiatives as “coexistence” programs, or to suggest that they offer the Palestinians benefits they should welcome. Importantly, jobs in industrial zones – often the only jobs available for Palestinians living under an Israeli occupation that prevents the development of any normal Palestinian economy – are widely viewed by Palestinians as a double-edged sword.

Bonus Reads

“Five Settlers Arrested on Suspicion of Attacking Israeli Policemen at West Bank Outpost” (Haaretz)
“Israel’s Right New Bank – The Jewish National Fund” (Haaretz)
“Why did Microsoft fund an Israeli firm that surveils West Bank Palestinians?” (NBC News)
“Israeli Schools Teach Pro-settler Religious Nationalism Is the Only Way to Be Jewish” (Haaretz)
“A Wall, Arrests and Close Surveillance: How Israel Fences in a Palestinian Family” (Haaretz)
“Hilltop Youth Battle The IDF Over Expulsion Order “ (JNS)
“Welcomed, then Attacked by Yitzhar” (New Voices)

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

To subscribe to this report, please click here.

August 9, 2019

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

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

Summary: Another Week, Another Round of Major Settlement Approvals

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

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

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

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

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

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

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

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

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

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

Map by Peace Now

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

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

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

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

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

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

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

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

Israeli Annexation via Settlement Construction Unleashed, Part 4: Reactions

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

Peace Now said in a statement:

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

The European Union issued a statement which reads:

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

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

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

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

“the effective annexation of the West Bank.”

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

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

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

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

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

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

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

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

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

Knesset Speaker Yuli Edelstein (Likud) said:

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

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

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

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

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

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

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

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

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

The Editorial Board writes:

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

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

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

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

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

Bimkom writes:

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

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

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

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

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

Terrestrial Jerusalem In-Depth Report: The Silwan Tunnel Project

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

Danny Seidemann writes in the report’s introduction:

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

Bonus Reads

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

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 8, 2018

Jerusalem Municipality Gives Final Approval to Two East Jerusalem Settlement Schemes Pushing Towards Beit Hanina
Claiming Ignorance, State Tells the Court it Will Demolish New Jordan Valley Outpost
Government Officials Lay Cornerstone of “New Migron” Settlement
Israel Seizes Palestinian Land to Build New Road to Settlement
Bennett Violated Govt Rules to Get a Legal Opinion Supporting the De Facto Annexation of Ariel University
In Reversal, Israeli Ministers Embrace Bill to Allow Knesset to Overrule High Court on Any Issue (Not Just on Deporting Asylum Seekers)
Settlers Group Alleges Palestinians are Undertaking a European-Backed Scheme to “Take Over” Area C of West Bank
UN Report Details Israel’s De Facto Annexation of West Bank Land
Four Alleged Security Incidents Near Settlements
Bonus Reads

Comments, questions, or suggestions? Email Kristin McCarthy at kmccarthy@fmep.org.

Jerusalem Municipality Gives Final Approval to Two East Jerusalem Settlement Schemes Pushing Towards Beit Hanina

On November 6th, Jerusalem planning authorities granted approval to two settlement projects totalling 652 units in strategic areas that will increase the encroachment of settlements on the Palestinian East Jerusalem neighborhood of Beit Hanina – where the Israeli government is also advancing the first-ever government-backed settlement enclave inside of the neighborhood. This week the Committee approved:

A plan for 152 new units in the Ramot settlement in northern Jerusalem, extending the settlement’s footprint towards the Palestinian neighborhood of Beit Hanina.
A plan for 640-units in the Ramat Shlomo settlement, to be built partially on Palestinian land, also extending the settlement north towards an existing settlement enclave inside of the Palestinian Beit Hanina neighborhood.

In granting final approval for the Ramat Shlomo plan, the Jerusalem District Planning and Building Committee decided to increase the number of approved units, from the proposed 500 to 640. And significantly, the Committee rejected serious complaints about expropriating privately owned Palestinian land for settlement purposes.

The Israel anti-settlement watchdog NGO Ir Amim filed one such complaint against the plan, explaining:

“Promoted by Israeli developers claiming ownership of the land in question, the Ramat Shlomo plan exemplifies the endemic discrimination in the planning process that serves to foil Palestinian planning and development. The plan includes Palestinian-owned land, in an area developers have now designated for a park and access road. In order to overcome the legal prohibition against submitting a plan on land not owned by the applicant, the developers successfully engaged the Jerusalem Municipality to sign on as an additional applicant, thereby enabling the expropriation of private Palestinian land.”

Ir Amim researcher Aviv Tartarsky told Haaretz this week:

“It’s very disappointing that the district committee relied on formalistic reasons to approve a step that violates the property rights of Palestinian landowners through and through. These aren’t extremist settlers in outposts somewhere out on hilltops in Samaria [the northern West Bank] but state institutions that are working in Israel’s capital city. This decision is additional proof that Israeli control in East Jerusalem means a regime based on serious discrimination.”

The new approvals add to an ever-growing tidal wave of settlement activity in East Jerusalem affecting the viability of the two-state solution, while tightening the screws on the local Palestinian population.

Claiming Ignorance, State Tells the Court it Will Demolish New Jordan Valley Outpost

Israeli government lawyers told the High Court of Justice that the State of Israel does not know who built an illegal outpost on a disused military base in the Jordan Valley, which settlers have named “Camp Gadi”, and announced that the Civil Administration will demolish it. If the Civil Administration moves to demolishes the outpost, it will require evicting several settler families who are squatting there, and shutting down a pre-military school that the families have been promoting.

The head of the Jordan Valley Regional Council, David Lahiani, seemed to contradict the government’s claim to innocence when he said that he has been in touch with the Civil Administration about legalizing the outpost. If Lahiani has been in touch with the Civil Administration, then questions arise about at what point the Israeli government learned about the outpost and who is behind it. Lahiani’s statement also contradicts (or at least raises questions about) a prior statement from the Jordan Valley Regional Council which denied involvement in establishing the outpost. Further calling into question the role of the Jordan Valley Regional Council, Lahiani was in a picture taken at the outpost which was uploaded to Facebook on October 24th.

Government Officials Lay Cornerstone of “New Migron” Settlement

A cornerstone laying ceremony marked the start of construction on the “New Migron” settlement, to be for the settlers who were removed from the illegal Migron outpost. Several government officials were on hand to lay the cornerstone of the new settlement, plans for which were approved in 2017, near the Kochav Yaakov settlement north of Jerusalem.

In 2011, the Israeli High Court ruled that the Migron outpost must be evacuated because it was built on privately owned Palestinian land. Most of the illegal outpost’s residents were evacuated and most buildings were demolished in Migron in 2012. Determined to demonstrate its support for settlers in the face of this court-compelled evacuation, the government promised to establish two new settlements: “New Migron” (located close to Kochav Yaakov settlement) as well as the approval of a plan for 184 housing units east of the Adam settlement (aka Geva Binyamin). All said, the two new settlements and temporary housing for the evicted settlers cost Israeli taxpayers millions of dollars – sending settlers a clear message that for them, law-breaking pays off.

At the ceremony this week, Jerusalem Affairs Minister Ze’ev Elkin said:

“During such events, it is customary to rejoice, but as someone who accompanied Migron from the moment of the evacuation to the present day, this is not a happy event. We would be happy if we had another legal system that made a logical decision, and I long for the days when the justice system will do justice. The settlement will grow and expand this way from time immemorial. The evacuation attempts will only lead to the strengthening and expansion of settlement.”

Housing Minister Yoav Galant, also at the ceremony, said:

“laying the cornerstone means that the territories of Yehudah and Shomron are not negotiable. It is not a subject for sale. We are laying a cornerstone for Migron and we will build it. I will see to it that the Israeli government does so by the end of the year.”

Knesset Speaker Yuli Edelstein, also in attendance, said:

“I did not come here to convince anyone about our rights in the land of Israel, I came here with mixed feelings of happiness from laying the cornerstone, alongside the great sadness of the difficult evacuation five years ago. We are here, first and foremost, thanks to the families of Migron that did not give up.”

Israel Seizes Palestinian Land to Build New Road to Settlement

According to Maan News, Israeli forces seized 38 acres (155 dunams) of Palestinian land in order to pave a road to the Beit Aryeh settlement, located northwest of Ramallah. Members of the al-Lubban al-Gharbi village council claim that the land is privately owned by Palestinians from the village and called on village residents to find documents proving land ownership in anticipation of an appeal against the construction.

So far this year, the Beit Aryeh settlement has been the beneficiary of two significant settlement advancements totalling 563 new units:

On August 23, 2018 the Israeli Housing Ministry published a tender for 52 new settlement units in Beit Aryeh.
On August 11, 2018 the government published a tender for 511 new settlement units in Beit Aryeh.

Bennett Violated Govt Rules to Get a Legal Opinion Supporting the De Facto Annexation of Ariel University

According to a new Haaretz report, Education Minister Naftali Bennett violated Israeli guidelines by using a private law firm to support his Knesset bill bringing settlement colleges and universities under the authority of the Israeli Higher Education Council. Prior to the Knesset’s passage of Bennet’s bill in February 2018, the Higher Education Council only included schools located inside of sovereign Israeli territory. The new law is tantamount to de facto annexation of settlement schools, and members of the Israeli Higher Education Council remain vocally opposed to the move.

The use of a private law firm is seen as an attempt to bypass the Education Ministry’s own apolitical (for now) legal advisors, and is a breach of the guidelines set years ago for every ministry by the Israeli Attorney General. The guidelines stipulate that in cases where private opinions are sought, the legal advisors for the ministry must supervise the process.

Bennet reportedly used an opinion paper issued by the Herzog Fox & Neeman firm stating the inclusion of Ariel University in the domestic Higher Education Council would not violate existing grant terms between universities in sovereign Israel and the European Union (which does not do business in the occupied territories). The opinion was then presented to members of the Higher Education Council to assuage fears that implementing the new law would result in losing international funding. The opinion said that the potential for funding cuts is “nearly non-existent.”

An anonymous senior official with the Higher Education Council told Haaretz:

“You cannot base official policy on an opinion paid for by an interested party. That’s not serious.”

Ariel University has not yet been admitted to the Council, despite the passage of the law in February 2018 and despite Minister Bennett’s repeated threats to end state relations with the Council if it did not immediately grant membership to the school. Israeli President Reuven Rivlin issued a rebuke to Bennett’s threats, saying:

“It’s possible to love Ariel without mocking academia.”

In Reversal, Israeli Ministers Embrace Bill to Allow Knesset to Overrule High Court on Any Issue (Not Just on Deporting Asylum Seekers)

At a meeting on November 4th, ministers in the governing Israeli coalition reportedly decided to abandon a bill that would empower the Knesset to reinstate its plan to deport African asylum seekers after it was struck down by the High Court, in favor of a much more far-reaching bill granting the Knesset the ability to reinstate any law the High Court strikes down. The passage of that bill would likely impact the fate of not only African asylum seekers but settlement-related legislation that has already been passed – most notably,the settlement Regulation Law – and other undemocratic measures that might follow. This news follows an exact opposite announcement two weeks ago, when Justice Minister Ayelet Shaked embraced the single-issue version of the bill, while promising to make the unlimited version a sticking point in any future coalition agreement.

Notably, the leaders of the current governing coalition decided to make this move at a meeting that was not attended by Kulanu Party leader Moshe Kahlon, who has until now blocked the coalition from advancing the unlimited version bill.

Israeli Attorney General Mandelblit vehemently opposes the bill. Mandelblit said:

“One must vigorously oppose this bill, which harms the constitutional regime of the State of Israel as a Jewish and democratic state. Removing all restrictions on undermining the human rights of a specific group, as is proposed now, has far-reaching implications for constitutional law and the democratic regime in Israel, and I strongly oppose it.”

Settlers Group Alleges Palestinians are Undertaking a European-Backed Scheme to “Take Over” Area C of West Bank

The radical settler organization Regavim – which devotes its efforts to systematically mapping out and expelling Palestinians from strategic areas in Jerusalem, the West Bank, and the Negev – presented a new report to the Knesset this week claiming that the Palestinian Authority (PA) is using European funding to take over land in Area C of the West Bank. The report alleges that the PA uses European money to pave roads, build on strategic military and diplomatic locations, and “steal” water resources, at the expense of Israel.

Regavim warns:

“If the government does not come to its senses and ‎does something now, the Palestinian plan will create ‎irrevocable changes and facts on the ground.”‎

Adding irony to Regavim’s current efforts to stop “illegal” Palestinian activity in the West Bank, in August 2018 the Israeli daily newspaper Yedioth Ahronoth published a comprehensive investigation into Regavim’s leaders. The group’s stated mission is “to ensure responsible, legal, accountable & environmentally friendly use of Israel’s national lands and the return of the rule of law to all areas and aspects of the land and its preservation.” The investigation revealed, however, that the organization’s efforts to identify and stop illegal construction are merely a tool to dispossess Palestinians of their land.

The Investigation found, in fact, that Regavim and its leaders have a demonstrable disregard for the Israeli planning and building laws that they purport to be dedicated to enforcing, evidenced most plainly by the fact that 15 Regavim officers are living in structures built on privately owned Palestinian land, some with demolition orders issued against them. These include the building where Yehuda Eliyahu, the current executive director of Regavim, lives.

UN Report Details Israel’s De Facto Annexation of West Bank Land

The United Nations Special Rapporteur on Situation of Human Rights in Palestinian Territories, Michael Lynk, issued a new report to the UN General Assembly – half of which is devoted to documenting the Israeli government’s annexation of Palestinian land in East Jerusalem and de facto annexation of land in the occupied West Bank.

The report concludes in part:

“These statements of political intent, together with Israel’s colonizing acts on the ground, its legislative activity, and its refusal to adhere to its solemn obligations under international law or to follow the direction of the international community with respect to its 51-year-old occupation, have established the probative evidence that Israel has effectively annexed a significant part of the West Bank and is treating this territory as its own. While Israel has not yet declared formal sovereignty over any parts of the West Bank, the Special Rapporteur submits that the strict prohibition against annexation in international law applies not only to a formal declaration, but also to those acts of territorial appropriation by Israel that have been a cumulative part of its efforts to stake a future claim of formal sovereignty over the occupied Palestinian territory.”

Four Alleged Security incidents Near Settlements

In the past three days, Israeli authorities have reported four security incidents near settlements:

On November 7th, the IDF reported that unknown assailants shot at a bus and lightly injured two Israelis near the settlement of Beit El, located deep inside the West Bank near Ramallah.

On November 6th, three Palestinian men were arrested near the Mevo Dotan settlement, south of Jenin, one of whom was allegedly carrying a gun.

Earlier on November 6th, a Palestinian woman was shot and arrested near the Kfar Adumim settlement, between Jerusalem and Jericho,after allegedly attacking Israeli border policemen with a pair of scissors.

On November 5th, a Palestinian man was shot and arrested after allegedly attempting to stab Israeli settlers and an Israeli IDF officer near the Kiryat Arba settlement, in Hebron.

Bonus Reads

Khan al-Ahmar and Israel’s Creeping Annexation of the West Bank” (Newsweek)
“Everyone Knows Settlers Cut Down Palestinian Olive Trees. But Israel Doesn’t Care” (Haaretz)
“Settler leaders warned Rabin not to ‘cross redlines’ before assassination” (Times of Israel)
“Hard Questions, Tough Answers: Why the Israeli mainstream turned right” (Americans for Peace Now)
“An Interview with MK Sharen Haskel” (Fathom Journal)
“Israeli justice minister opposes letting government jurists act as ‘gatekeepers’” (Haaretz)

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

To receive this report via email, please click here.

October 20, 2017

Israel Advances 2,646 Settlement Units
Construction of the Givat Hamatos Settlement in East Jerusalem is Underway
Israel to Invest in $939 Million “Settler Security Package” for Settlements Across the West Bank
Court Orders Evacuation of Settlers from “Machpelah House” in Hebron
As Olive Harvest Begins, Settlers Steal and Destroy the Palestinian Crop
Labor Chairman Shocks Israeli Left with Defense of Settlements
Bonus Reads

Comments, questions, or suggestions? Email Kristin McCarthy at kmccarthy@fmep.org.

Israel Advances 2,646 Settlement Units

This week the Netanyahu government advanced plans for a total of 2,646 settlements units across the West Bank. According to Israel’s veteran settlement watch organization, Peace Now, the Israeli government has advanced plans for 6,742 new settlement units so far in 2017, a steep escalation from previous years.

As we reported last week, these advancements include several provocative plans that will “compensate” settlers who had built illegally in the West Bank (296 units in Beit El, 102 units in the brand-new settlement of Amichai, and 86 units in Kochav Yaakov), move towards retroactively legalizing an illegal outpost (the Netiv Ha’avot plan, which the High Planning Council called “improper” but approved anyway), enlarge settlement enclaves in Palestinian neighborhoods (31 units on Shuhada Street in Hebron – the first new settlement construction approved inside Hebron in more than a decade. Btselem’s short video documentary on Shuhada Street is here).

The anti-settlement watchdog group Peace Now said:

The Israeli government has lost all its inhibitions, while promoting settlement expansion in a record pace for recent years and distancing us daily from the possibility of a two state solution. The government is sending a clear message to settlers – build illegally and anywhere and we will find a solution for you. It is clear that Netanyahu is prioritizing his settler constituency over the rule of law and the possibility for peace.

The Palestinian Authority reacted with anger, calling on the international community and the Trump administration to intervene, saying “This settlement assault comes at a time when the administration of US President Donald Trump is exerting effort and creating the conditions that will pave the way for making a real peace.” The EU and key European nations strongly condemned the settlement approvals. Germany noted, “…each new housing unit cements a one-state reality…”

The White House issued the same talking points on settlement announcements it has since President Trump took office, expressing concern that unrestrained settlement activities does not advance the prospects for peace but saying past demands for a settlement freeze have not been helpful to negotiations.

Construction of the Givat Hamatos Settlement in East Jerusalem is Underway

Map by Peace Now

In addition to the massive wave of settlement advancements this week, infrastructure work has started at the site of the long awaited (and much feared) Givat Hamatos settlement in East Jerusalem. Construction workers and machinery were spotted clearing the ground as the Israeli government prepares to issue the first tender for the settlement, which will green-light the construction of some 1,600 units. [image]

The construction of Givat Hamatos will be especially devastating to the two-state solution. It will complete a barrier of Israeli settlements between Jerusalem and Bethlehem; it will complete the encirclement and isolation of the Palestinian neighborhood of Beit Safafa; and, it will be the first new Israeli settlement in East Jerusalem in 20 years.

Ir Amim writes,

Construction of Givat Hamatos – prospectively, the first new [government-backed] settlement in East Jerusalem in two decades – would cap off a wave of simultaneous developments along the southern flank of East Jerusalem to complete consolidation of Israeli control of the southern perimeter and render the two state solution nonviable.

Peace Now writes:

The preparation for a tender in Givat Hamatos, together with Netanyahu’s statements last week regarding the construction of thousands of housing units in Ma’ale Adumim with heavy hints towards E1, are all a part of the government’s effort to create a de-facto annexation and prevent the possibility for two states on the ground. Netanyahu is taking far-reaching steps, which he has thus far avoided, and by doing so he risks the two state solution and the future of Israel.

The Givat Hamatos plan received final approval two years ago, but construction was delayed in light of international pressure including interventions by the Obama administration. As FMEP reported earlier this year, at the onset of the Trump administration, reports suggested a huge slate of Jerusalem area projects would now move forward – those rumored plans included Givat Hamatos, Atarot, Ramat Shlomo, and more (including E-1). Though an official announcement of advancement of those plans has not yet been made, the movement on Givat Hamatos piques concerns of additional major new settlement developments in the Jerusalem area.

Israel to Invest in $939 Million “Settler Security Package” for Settlements Across the West Bank

The Times of Israel reports that Defense Minister Avigdor Lieberman is planning to allocate $939 million for projects for settlers and settlements across the West Bank. Liberman’s plan addresses the complaints of settlers who staged a protest in front of Prime Minister Netanyahu’s private residence earlier this week demanding enhanced security measures. Settlers complained that Netanyahu had promised the infrastructure but had not yet allocated funds to effectuate the projects. According to the Times of Israel, the $939 million package will fund:

the installation of security cameras along roads throughout the West Bank; the installation of cell phone towers to improve reception for settlers who may need to call for help; the paving of bypass roads around Palestinian towns and settlements to allow the populations to avoid each other; the bolstering of armored buses that travel through the West Bank; and broad security improvements for each settlement that will include security cameras, “smart fences” and sensors to warn of attempts to sneak into settlements.

Court Orders Evacuation of Settlers from “Machpelah House” in Hebron

The Israeli High Court has ordered the evacuation of settlers from a disputed home in Hebron. Settlers broke into the “Machpelah House” nearly 3 months ago, despite an ongoing legal battle to determine ownership of the home. The evacuation of the squatters had been repeatedly delayed by the political echelons and by attempts by the settlers to delay their evacuation until the Court makes a final ruling on ownership of the Machpela House, as we have previously reported. It remains to be seen if this court order will be carried out or if further delaying tactics will be brought into play.

As the Olive Harvest Begins, Settlers Steal and Destroy the Palestinian Crop

Yesh Din has documented 10 cases of settlers destroying or stealing olives from Palestinian groves across the West Bank this week, in what has become a common occurrence this time each year. Rabbis for Human Rights has documented an additional four cases this week, calling it a “severe wave of olive theft.”

Israeli police routinely arrest, release, and forget the settlers who commit harvest-time crimes, as documented thoroughly by Yesh Din. In one incident this week, settlers were filmed stealing olives, arrested by the Israeli police, and released on the same day. Yesh Din writes:

Since 2005, we have documented around 280 investigation files dealing with damage to olive trees. Only in 6 cases were indictments served (2.2% of cases for which an investigation has been concluded). More than 93% of these cases were closed due to police failure to locate the perpetrators or to gather enough evidence to prosecute suspects.

Rabbis for Human Rights says:

These are ideologically driven hate crimes. Due to the fact that most of the thefts took place on Palestinian lands which the farmers are restricted by the Israeli army from entering, the army has an increased responsibility to protect these groves.

Labor Chairman Shocks Israeli Left with Defense of Settlements

Avi Gabbay, the relatively unknown political outsider who was elected to be Chairman of the Israeli Labor Party earlier this year, has set off a debate within the center-left party following a series of shocking comments on settlements this week. Most pertinently, Gabbay stated that he does not believe Israel should have to evacuate settlements as part of a peace agreement – a position that is at odds with members of his own party and of the position of the Zionist Union, of which the Labor Party is a major part. He later praised Israeli settlers, saying “The settlement [project] was and remains the beautiful and devoted face of Zionism….[the settlers are] the pioneers of our generations, people who act in the face of adversity, who cause the wilderness to bloom, who realize the impossible.”

Any initial hesitancy of MKs to disagree with the party leader eventually gave way to an onslaught of Labor officials publicly discrediting the chairman’s position on the evacuation of settlements. Tzipi Livni, a member of the Hatnua party and leader of the Zionist Union that unites Labor with other left and center-left political parties, took a simple and strong line saying, “The opposition to evacuating settlements is not the position of the Zionist Union.”

Gabbay’s hardline comments on settlements were not the only remarks that landed him in hot water over the last week. He also stated that he would not agree to form a (hypothetical) government with the Arab-Israeli Joint List because, as he said, “I do not see anything that connects us to them or allows us to be in the same government with them,” and, “I don’t deal with rights of Palestinians.”

The Times of Israel recounts the contextual history of the Labor Party on the issue of settlements and the Party’s important role in previous peace negotiations:

The center-left Labor party has long been the Israeli political standard bearer for reaching a peace agreement with the Palestinians — involving the relinquishing of most of the West Bank and many of the settlements — with former Labor prime ministers Yitzhak Rabin, Shimon Peres and Ehud Barak all investing considerable efforts to negotiate an accord.

Bonus Reads

“In Jerusalem, Municipal Issues Have Political Overtones” (NPR)
“In unprecedented move, eight European countries to demand compensation from Israel for West Bank demolitions” (Haaretz)

FMEP has long been a trusted resource on settlement-related issues, reflecting both the excellent work of our grantees on the ground and our own in-house expertise. FMEP’s focus on settlements derives from our commitment to achieving lasting Israeli-Palestinian peace, and our recognition of the fact that Israeli settlements – established for the explicit purpose of dispossessing Palestinians in the West Bank and East Jerusalem of land and resources, and depriving them of the very possibility of self-determination in their own state with borders based on the 1967 lines – are antithetical to that goal.