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.

April 19, 2024

1. Israeli Courts Order Two Significant Evictions in East Jerusalem, Presaging Mass Forced Displacement in Sheikh Jarrah, Silwan
2. Supreme Court Green Lights Eviction of Shehadeh Family from Batan Al-Hawa Home
3. Israeli Court Orders Eviction of the Diab Family from Sheikh Jarrah Home
4. Lower Aqueduct Settlement Plan Published Tender
5. Ir Amim & Bimkom: Israel Has Accelerated East Jerusalem Settlement Building Since Oct 7th
6. Ben Gvir Seizes Authority Over East Jerusalem Housing Demolitions
7. New Plan to Massively/Strategically Expand the Ariel Settlement Industrial Zone
8. Smotrich Designates Symbols for Four Outposts Previously Approved for Retroactive Legalization
9. The U.S. & E.U Unveil New Sanctions Targeting Settlers & Settler Entities
10. Bonus Reads

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Israeli Courts Order Two Significant Evictions in East Jerusalem, Presaging Mass Forced Displacement in Sheikh Jarrah, Silwan

Over the past week – on the eve of Passover and in days after the end of Ramadan, while genocide continues in Gaza and violence escalates in the West Bank – two separate Israeli courts have ordered the eviction of Palestinian families from their longtime homes in East Jerusalem in favor of Israeli settlers; both cases set a terrifying precedent for dozens more Palestinian families fighting against settler groups on the same basis of argumentation. The mass dispossession and displacement of Palestinians from East Jerusalem is advancing. These cases put on full display the tight cooperation between settler entities and the Israeli state in advancing the displacement of Palestinians from East Jerusalem, and their replacement with Israeli Jews.

Ir Amim explains:

“Although the Israeli government often characterizes these cases as private real estate disputes, they are rather part and parcel of a systematic campaign to further entrench Israeli control of the most politically sensitive areas in East Jerusalem. The eviction claims are filed on the basis of a discriminatory Israeli law (see more below) by settler groups working in collaboration with the state to expand Jewish settlement in the heart of Palestinian neighborhoods. This thereby serves to foil any possibility of East Jerusalem serving as a future Palestinian capital.

…A common thread between these cases is that the eviction lawsuits were filed by settler groups based on the 1970 Legal and Administrative Matters law. Article 5 of this law exclusively affords Jews with land restitution rights for assets allegedly owned by Jews in East Jerusalem before 1948 despite many of these properties now inhabited by Palestinians. No parallel legal mechanism exists for Palestinians to recover pre-1948 assets on the Israeli side of the Green Line, many of which are now inhabited by Jews. To the contrary, the 1950 Absentee Property Law enshrines that Palestinians who were forced to abandon their homes and lands in what became Israel after the war of 1948 can never retrieve them…Settler organizations aided by state bodies act to secure ownership rights of these assets despite having no relation to the previous Jewish owners or occupants. Acquisition of these rights provides settler groups with the legal platform to “retrieve” the property from the General Custodian and initiate eviction lawsuits against Palestinian families through application of the 1970 law. A department within the Ministry of Justice, the General Custodian is the Israeli body responsible for managing abandoned property, including alleged pre-1948 Jewish assets in East Jerusalem until “reclaimed.” Between 1948-1967, these properties were administered by the Jordanian Custodian of Enemy Property and then transferred into the management of the Israeli General Custodian in 1967 following Israel’s occupation and annexation of East Jerusalem.”

Supreme Court Green Lights Eviction of Shehadeh Family from Batan Al-Hawa Home

On April 11th, the Israeli Supreme Court  Justice Noam Sohleberg dismissed a final petition in the case of the Palestinian Shehadeh family, who has spent years fighting against their eviction from their home of 60 years in the Batan Al-Hawa section of Silwan at the behest of the Ateret Cohanim settler organization. Justice Sohlberg ordered the Shehadeh family to leave by June 1st or face forced eviction by Israeli authorities, and also ordered the family to pay legal fees for the settler group. The case has been ongoing since 2021, and the Supreme Court’s ruling last week marks the end of any potential avenues of further appeal. Ir Amim writes that only state intervention can halt the eviction.

The Shahadeh family is one of 85 families (700 people) in Batan al-Hawa facing displacement at the behest of Ateret Cohanim, a settler organization which has waged a years-long eviction campaign against Palestinians living in Silwan, on property the settler NGO claims to own. The group’s claim is based on having gained control of the historic Benvenisti Trust, which oversaw the assets of Yemenite Jews who lived in Silwan in the 19th century. In 2001 the Israeli Charitable Trust Registrar granted Ateret Cohanim permission to revive the trust and become its trustees, (following 63 years of dormancy). In 2002, the Israeli Custodian General transferred ownership of the land in Batan al-Hawa to the Trust (i.e., to Ateret Cohanim). Since then, Ateret Cohanim has accelerated its multi-pronged campaign to remove Palestinians from their homes, claiming that the Palestinians are illegal squatters.

The Supreme Court ruling ignores ongoing litigation initiated in 2020 by Ir Amim that challenges the legitimacy and legality of Ateret Cohanim’s control of the Benvenisti Trust. In response to the filing, the Israeli Registrar of Trusts (department within the Justice Ministry) announced that it will open an investigation into the allegations. Ir Amim is still awaiting news on the investigation.

Israeli Court Orders Eviction of the Diab Family from Sheikh Jarrah Home

On April 15th, the Jerusalem Magistrate’s Court ruled that the Palestinian Diab family (30 people) can be evicted from their home of 70 years in the Kerem al-Jaouni area of Sheikh Jarrah at the behest of the Nahalat Shimon settler group. The Court ruled that Nahalat Shimon owns the land based on the claim that it was owned by Jews before 1948, which Israeli law allows Jews to “reclaim.” The Diab family was ordered to leave by July 15th, or face forcible displacement by Israeli authorities. The family, who was also ordered to pay the legal fees of the settler group, can appeal this ruling to the Jerusalem District Court.

The Diab family is one of 30 Palestinian families in the Kerem al-Jaouni area of Sheikh Jarrah fighting against the settler group Nahalat Shimon, which is seeking their dispossession. Peace Now explains the 

current context of evictions across all of Sheikh Jarrah:

“In 1948, the land, which was then without structures, came under Jordanian rule. The Jordanians designated the land for the rehabilitation of dozens of Palestinian refugee families, who exchanged their refugee status for homes in the newly built neighborhood in Sheikh Jarrah. After 1967, the Jewish associations recovered the ownership rights of the land based on the Legal and Administrative Matters Law (see below), and began to demand that the refugee families vacate their homes. To that extent, the associations were exercising the “right of return” of Jews to properties taken in 1948 (a right not afforded to Palestinians).

The [Israeli] settlement in Karem Ja’uni in Sheikh Jarrah began in 2008 when the al-Kurd family was evicted from their home, and in 2009 the Rawi, Hanoun and part of (another) al-Kurd families were evicted. Since then, settlers have filed at least 14 eviction cases against dozens of families of hundreds of people in Karem Ja’uni in Sheikh Jarrah. On the western side of the Sheikh Jarrah neighborhood, in Um Haroun, there are another few dozens of families facing eviction lawsuits by settlers, and in Batan Al-Hawa in Silwan there are almost 100 families at risk of eviction.

About two years ago, the Supreme Court ruled with regard to four of the Karem Ja’uni families, that they will be able to stay in their homes at least until the land registration procedure in the area is completed. Following this ruling, the Magistrate’s Court applied the same arrangement to two of the eviction cases. The cases of seven additional families is still pending in the Supreme Court, while the cases of the rest of the families are still ongoing in the Jerusalem Magistrate’s Court.”

Peace Now said in a statement:

“This is a heinous injustice based on a discriminatory system of laws. The story here is not legal but political. The court is only the tool by which settlers use with the close assistance of state authorities to commit the crime of displacing an entire community and replacing it with settlement. The Israeli government and settlers have no problem to displace thousands of Palestinians in the name of “the Right of Return” to properties before 1948, while they strongly claim that the millions of Israelis living in Palestinian properties before 1948 cannot be evicted. This injustice can and should be stopped by the government”.

Lower Aqueduct Settlement Plan Published Tender

Peace Now reports that the Israeli Housing Ministry has published a tender for the construction of 1,047 settlement units constituting a new settlement in East Jerusalem called the Lower Aqueduct” plan. The settlement will be located on a sliver of land located between the controversial settlements of Givat Hamatos and Har Homa in East Jerusalem, adjacent to the Palestinian neighborhood of Umm Tuba and fall on both sides of the 1967 Green Line. The settlement is designed to connect the two settlements and seal East Jerusalem off from Bethlehem, and in so doing establish a huge, uninterrupted continuum of Israeli settlements on the southern rim of Jerusalem. According to Ir Amim, this is the first major new East Jerusalem settlement established by Israel since 2012.

Peace Now writes:

“The plan was promoted at an unprecedented speed from its inception to the tender issue: it was placed on the table of the District Planning Committee in July 2021, discussed in January 2022 by the District Committee which ordered revisions to the plan, and was approved for deposit in July 2022. That is, the tender was issued less than three years after the plans were submitted.

Politically, this is a strategic plan that will severely impact the possibility of a continuous urban Palestinian connection in East Jerusalem. In practice, the plan blocks the last corridor remaining for connecting Beit Safafa and Sur Baher with other parts of East Jerusalem. It should be noted that although about half of the plan’s area is beyond the Green Line, and half within it, its strategic location between Givat HaMatos and Har Homa makes it particularly problematic politically.”

Ir Amim has previously written:

“This plan carries serious ramifications on the political future of Jerusalem. If constructed, it will extend the Israeli settlement wedge along East Jerusalem’s southern border, further creating a sealing-off effect of East Jerusalem from the southern West Bank, while fracturing the Palestinian space and depleting more vacant land for Palestinian development….Beyond its geopolitical ramifications, the advancement of this plan underscores the systematic discrimination implicit in Israeli planning and building policy in Jerusalem. Since the beginning of 2023, over 18,500 housing units have been advanced for new or existing Israeli settlements in East Jerusalem, while residential development for Palestinians has been all but neglected. This is despite the fact that Palestinians constitute nearly 40% of Jerusalem’s population. 2023 is slated to join 2022 as being the two years with the highest number of settlement units advanced in the last decade in East Jerusalem. Such inequitable urban planning policy has long served as a driver of Palestinian displacement in service of solidifying a Jewish demographic majority in Jerusalem and further cementing Israeli territorial control to foil prospects for a just political resolution.” 

Ir Amim & Bimkom: Israel Has Accelerated East Jerusalem Settlement Building Since Oct 7th

The Israeli anti-settlement NGOs Bimkom and Ir Amim have released a joint report reviewing the Israeli government’s wartime policies and how they have led to the acceleration of both settlement activity and home demolitions, posing an ever increasing threat to the rights and futures of Palestinian residents.

The report reads:

“Since the outbreak of the war six months ago, there has been a major surge in the promotion and fast-tracking of new settlement plans in East Jerusalem and a dramatic spike in the rate of demolitions of Palestinian homes. The Israeli government is clearly exploiting the war to create more facts on the ground to predetermine the final status of Jerusalem and thwart all prospects for a negotiated political agreement, while forcibly displacing Palestinians from their homes and the city. 

Measures are being taken to establish eight brand-new settlements in East Jerusalem within or adjacent to Palestinian neighborhoods with a total of over 12,000 housing units. For details and analysis of these plans, click here or above for the full policy brief.

In juxtaposition to this major uptick in the advancement of new settlements, demolitions of Palestinian homes have reached unparalleled levels since the start of the war. This serves as a form of collective punishment and part of a series of repressive measures currently being employed by Israel against Palestinians under its control. Between October 7, 2023—March 10, 2024, 98 homes were demolished, which marks a nearly two-fold monthly increase compared to the period preceding the war. (Demolitions were halted during the month of Ramadan as in the past).”

Ben Gvir Seizes Authority Over East Jerusalem Housing Demolitions

On April 8th, the Israeli Cabinet decided to hand extremist minister Ben Gvir power over demolitions and housing enforcement in East Jerusalem. The CAbinet’s decision moved the Real Estate Enforcement Division from the Finance Ministry to the Ministry of National Security, which is controlled by Ben Gvir. The Real Estate Enforcement Division has the power to enforce against illegal construction in East Jerusalem and conducts demolitions and imposes fines alongside the Jerusalem municipality’s Building Supervision Department. It is important to note that the rate of demolitions in East Jerusalem during the Gaza war and in 2023 overall was higher than in other months or years, and it seems that transferring authority to Ben Gvir will only exacerbate this trend.

Daniel Seidemann, founder of Terrestrial Jerusalem, explained on X:

“In the eyes of the Palestinians in East Jerusalem, home demolitions are the most brutal & egregious manifestations of Israeli occupation. W/the exception of real or perceived threat to Al Aqsa, no issue in Jerusalem is more volatile & more incendiary than home demolitions. As per yesterday’s Cabinet Resolution, very broad powers will now be vested in Ben Gvir and an Authority or which he is responsible. these include administrative demolition orders, cease work orders, execution of judicial demolition orders, and much more. Ben Gvir has repeatedly declared his intent to carry out large scale home demolitions, particularly in E. Jerusalem. He then was opposed by the Police Chief, who now does his bidding.  Ben Gvir has already expedited demolitions. However Ben Gvir had a problem: he had absolutely no statutory power in relation to demolitions. The role of the Police was to secure the demolitions ordered by the Jerusalem Municipality or Government of Israel (incl. judicial bodies). Bravado aside, he was a spectator.All that changed yesterday by means of the Cabinet Resolution. Having declared his intent “to show the Arabs of East Jerusalem who’s boss” by carrying out large scale demolitions.  He will now have all the statutory powers and resources necessary to make good on his promise.”

Peace Now said in a statement:

“It has been unequivocally proven that law enforcement authorities under the responsibility of Itamar Ben Gvir exacerbate tension, violence, and hatred between the state and its citizens. The Real Estate Enforcement Division should operate with integrity and profound sensitivity to our political and social reality. However, it is highly doubtful that this will occur under the authority of Itamar Ben Gvir, the Minister of National Insecurity, who has previously been convicted of inciting racism and supporting a terrorist organization.”

New Plan to Massively/Strategically Expand the Ariel Settlement Industrial Zone

Peace Now reports that the Israeli Civil Administration’s High Planning Council convened on April 10th to consider 26 settlement plans, the most consequential of which is a plan to significantly expand the Ariel settlement industrial zone. This plan proposes to significantly expand the industrial zone eastward toward the new Ariel West settlement, which just began construction, connecting the two for all practical purposes.

Peace Now further explains the consequences of this plan:

“Expanding the industrial area eastward, on the one hand, and the establishment of the planned settlement of Ariel West, which infrastructure works for its establishment have recently begun, on the other hand, are intended to create a territorial continuum of settlements that will effectively block any possibility of development for Palestinian communities in the vicinity, including Salfit, Harres, and Kifl Harres. The plan essentially disconnects Salfit – the district town from the surrounding villages it serves.”

It’s worth revisiting the role settlement industrial zones play in perpetuating ISraeli occupation, annexation, and apartheid. For decades Israel has used industrial zones as another tool to expand and deepen control over West Bank land and natural resources. Industrial zones are part of Israel’s economic exploitation of occupied territory (including the local workforce, land, and other natural resources). Presented as benefiting both Israelis and Palestinians, it is in fact 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. The NGO Who Profits explained:

“Israeli Industrial Zones constitute a foundational pillar of the economy of the occupation. They contribute to the economic development of the settlements, which are in violation of international law and the Fourth Geneva Convention, while relying on the de-development of the Palestinian economy and the exploitation of Palestinian land and labor…The Industrial Zones in the oPt form part of a practice of ‘financial annexation’ which is an essential component of the broader policy of annexation taking place.”

Peace Now said in a statement:

“The government of Israel continues to build at an unprecedented pace in the Occupied Territories. Expanding an industrial area in the heart of the West Bank is not an Israeli interest, and certainly not a Palestinian interest. The industrial area west of Ariel does not promote economic growth, but rather harms both the Israeli and Palestinian economies alike.”

Smotrich Designates Symbols for Four Outposts Previously Approved for Retroactive Legalization

On April 6th, Finance Minister Smotrich (who also heads the Settlement Administration and a minister in the Defense Ministry) issued a statement announcing that he has designated “locality symbols” to four outposts that the government has previously approved to be retroactively legalized as new settlements: Mitzpe Yehuda, Beit Hogla, Shacharit, and Asa’el. 

Peace Now explains:

“A ‘locality symbol’ is a serial number assigned by the Ministry of Interior to each official Israeli locality. For the government to allocate funds and resources for settlement development or to prepare construction plans, a settlement must have a “locality symbol.” Smotrich’s announcement aims to bolster his standing among his supporters as someone who does a lot for the settlements. Therefore, he exploits a bureaucratic maneuver and tries to present it as a new achievement.

The significance of assigning locality symbols to these four new settlements is that the government bureaucracy has already begun working to promote these settlements. It should be noted that since the government’s decision in February to establish nine new settlements, the commander of the military’s Central Command, Maj. Gen. Yehuda Fuchs has issued orders in recent months defining the jurisdictional areas of six of them: Mishmar Yehuda, Givat Haroeh. Apparently, defining the jurisdictional area of the remaining three settlements is delayed due to land ownership issues.”

The U.S. & E.U Unveil New Sanctions Targeting Settlers & Settler Entities

On April 19th the United States Department of State announced a third round of sanctions targeting one Israeli settler and two settler entities. The European Union announced sanctions on the same day, against four settlers and two settler entities. This round of sanctions is particularly notable because it expands the sanctions’ targets to include entities which fund settlers involved in violence, and because it targets a prominent political ally and confidant of Itamar Ben Gvir.

The U.S. sanctions target:

• Ben Zion (Bentzi) Gopstein – founder of the radical, violent Lehava settler organization, and “one of the closest confidants” of Kahanist Minister Itamar Ben Gvir. The U.S. State Department says that Lehava and its members “have been involved in acts or threats of violence against Palestinians, often targeting sensitive or volatile areas.” Gopstein was convicted in early 2024 for incitement to racism
• The Mount Hebron Fund – an organization leading a fundraising campaign for Yinon Levi, an Israeli settler previously sanctioned by the U.S. The U.S. group DAWN writes that the crowdfunding campaign had the declared intention of bypassing US sanctions. The AP reports the fundraising effort raised $140,000.
• Shlom Asiraich – an organization leading a fundraising campaign for David Chai Chasdai,  an Israeli settler previously sanctioned by the U.S.. The AP reports the fundraising effort raised $31,000.

The European Union sanctions target:

• Lehava – the organization run by Ben Zion Gopstein (who the U.S. sanctioned as an individual, but did not sanction Lehava).
• The Hilltop Youth settler organization – a notoriously violent group based out of the Yitzhar settlement and involved in establishing illegal outposts throughout the West Bank. The Hilltop Youth have been called “the Jewish ISIS,” and regularly engage in violence against Palestinians, Israeli authorities, and activists.
• Neriya Ben Pazi – who was previously sanctioned by the U.S..
• Yinon Levi – who was previously sanctioned by the U.S..
• Meir Ettinger – who is the grandson of the late, extremist rabbi Meir Kahane, and a well-known leader of the Hilltop Youth leader. 
• Elisha Yered – who previously served as a spokesperson for MK Limor Son Har-Melech, an ally of Ben Gvir.

Itamar Ben Gvir responded to the new sanction, saying:

“The harassment of the Lehava organization and dearest settlers, who never engaged in terrorism or harmed anyone, are the result of a blood libel by Israel-hating, antisemitic elements who for years have openly supported Hamas, Fatah, and other anarchist organizations that harm IDF soldiers.”

Bonus Reads

1. On Settler Terrorism: 
   1. “West Bank sees biggest settler rampage since war in Gaza began as Israeli teen’s body is found” (AP)
   2. “Al-Haq, Al Mezan and PCHR Urge the International Community to Intervene as Israeli Forces and Settler Violence Intensifies Across the West Bank” (read)
   3. “Homes burned, animals killed: Palestinians describe Israeli settler rampage” (Washington Post)
   4. “Israel Responsible for Rising Settler Violence” (Human Rights Watch)
   5. “Opinion | Dear President Biden, Are You Okay With Israeli Settlers Using American Weapons?” (Amira Hass in Haaretz)
2. “Blinken Is Sitting on Staff Recommendations to Sanction Israeli Military Units Linked to Killings or Rapes” (Pro Publica)
3. “Blinken says he’s made ‘determinations’ linked to human rights accusations against Israel” (The Times of Israel)
4. “Ben Gvir forms police team targeting left-wing activists in the West Bank” (The Times of Israel)
5. “Editorial | Goodbye, Green Line: The Israeli Government Goes All Out to Boost West Bank Settlements” (Haaretz Editorial Board)
6. “Housing, Showers, Electricity: These Are the Outposts the Israeli Army Is Building in the Heart of Gaza” (Haaretz)

 

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.

December 8, 2023

1. Israel Approves First New East Jerusalem Settlement Since 2012 – the “Lower Aqueduct plan”
2. “Kahanist” March Calls for Israeli Control Over Western Wall, Clash With Israeli Police
3. In Armenian Quarter, Settler Group Believed to Be Behind  Disputed Land Deal
4. U.S. & Belgium Imposes Visa Ban on Dozens of Settlers, Criticizes Israel’s Lack of Action
5. Miftah Reports on “State Sponsored Settler Terrorism”
6. A Roundup of Settler Violence
7. Bonus Reads

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Israel Approves First New East Jerusalem Settlement Since 2012 – the “Lower Aqueduct plan”

On December 4, 2023 the Jerusalem District Planning Committee approved a plan to build a new settlement – called the “Lower Aqueduct” plan – on a sliver of land located between the controversial settlements of Givat Hamatos and Har Homa in East Jerusalem. The settlement will be adjacent to the Palestinian neighborhood of Umm Tuba and fall on both sides of the 1967 Green Line. Its location is intended to connect the two and in so doing, it will establish a huge, uninterrupted continuum of Israeli settlements on the southern rim of Jerusalem, and will destroy Palestinian contiguity between the West Bank and East Jerusalem.  [map]

The final approved plan provides for the construction of 1,792 settlement units. According to Ir Amim, this is the first major new East Jerusalem settlement established by Israel since 2012.

Ir Amim says:

“This plan carries serious ramifications on the political future of Jerusalem. If constructed, it will extend the Israeli settlement wedge along East Jerusalem’s southern border, further creating a sealing-off effect of East Jerusalem from the southern West Bank, while fracturing the Palestinian space and depleting more vacant land for Palestinian development….Beyond its geopolitical ramifications, the advancement of this plan underscores the systematic discrimination implicit in Israeli planning and building policy in Jerusalem. Since the beginning of 2023, over 18,500 housing units have been advanced for new or existing Israeli settlements in East Jerusalem, while residential development for Palestinians has been all but neglected. This is despite the fact that Palestinians constitute nearly 40% of Jerusalem’s population. 2023 is slated to join 2022 as being the two years with the highest number of settlement units advanced in the last decade in East Jerusalem. Such inequitable urban planning policy has long served as a driver of Palestinian displacement in service of solidifying a Jewish demographic majority in Jerusalem and further cementing Israeli territorial control to foil prospects for a just political resolution.” 

Peace Now said in a statement:

“The Israeli government continues to undermine any viable two-state solution. While the IDF is engaged in the Gaza Strip, and hundreds of Israelis living in border areas in the north and south are uncertain about when they can return to their homes, the government is advancing construction beyond the Green Line, further jeopardizing the security of all Israeli residents seeking a hopeful future with secure borders.”

“Kahanist” March Calls for Israeli Control Over Western Wall, Clash With Israeli Police

On the first night of Hanukkah, approximately 150 far right wing Israelis gathered for a planned march through the Old City of Jerusalem calling for Israeli control over the Temple Mount. Israeli police – which had previously approved the march (likely with the knowledge and approval of Netanyahu) and its route – ultimately stopped the march from leaving its convening point, resulting in clashes and at least one arrest.

The point of the march was to call on Israel to “restore full Jewish control over the Temple Mount and Jerusalem,” an inflammatory message that threatens to further undermine the very delicate status quo. Indeed, the march’s organizers dubbed the march the “Maccabi March,” referencing an important Jewish revolt that ended in the rededication of the Temple. An the night of the march, attendees were shouting racist slogans and raising racist signs.

Israeli Opposition Leader Yair Lapid said in a tweet that the march is:

“A blatant Kahanist attempt to set other [war] fronts on fire and to bring about more destruction and death.”

Daniel Seidemann, founder of Terrestrial Jerusalem, said:

“If there is any provocation more dangerous, more incendiary and more likely to trigger an eruption of violence in East Jerusalem and/or the West Bank and/or the Lebanese border, I can’t think of one.” 

In Armenian Quarter, Settler Group Believed to Be Behind  Disputed Land Deal

Ir Amim reports that senior executives of the Ateret Cohanim settler groups have recently been seen meeting with representatives of the real estate company behind the controversial purchase of a significant amount of land in the Armenian Quarter of the Old City of Jerusalem. The reports appear to confirm suspicion that Xana Gardens is actively collaborating with settlers in, according to Ir Amim, “attempts to Israelize the Old City and erode its historically multicultural and multireligious character.”

For a background on this case, please see reporting by Ir Amim and Terrestrial Jerusalem.

U.S. & Belgium Imposes Visa Ban on Dozens of Settlers, Criticizes Israel’s Lack of Action

On December 5th, the U.S. Department of State announced that it has placed visa restrictions on dozens of settlers believed to be complicit in violent attacks on Palestinians in the West Bank. The U.S. also imposed visa bans on several dozen Palestinians believed to have perpetrated violence against Israelis. 

U.S. Secretary of State Antony Blinken said in announcing the new policy: 

“Last week in Israel, I made clear that the United States is ready to take action using our own authorities. Today, the State Department is implementing a new visa restriction policy targeting individuals believed to have been involved in undermining peace, security, or stability in the West Bank, including through committing acts of violence or taking other actions that unduly restrict civilians’ access to essential services and basic necessities. Immediate family members of such persons also may be subject to these restrictions.”

The list of individuals affected by this effort is not expected to be made public, but individuals will be notified if their visas are being revoked. Settlers who are U.S. citizens will not be affected. Axios reports that the last time the U.S. imposed such restrictions was under the Clinton administration.

It is unclear what process the U.S. government is undertaking to identify acts of violence and the individuals involved in them. On December 6th, OCHA reported that since October 7th settlers have launched 318 attacks against Palestinians, resulting in: 

• 8 Palestinians have been killed by Israeli settlers;
• 84 Palestinians have been injured by settlers;
• 241 incidents resulting in damage to Palestinian-owned property;
• 1,014 people, including 388 children, have been displaced amid settler violence and access restrictions. The displaced households are from 15 herding/Bedouin communities.  

Israel, for its part, is currently holding four settlers and two Israeli (non-settlers) in administrative detention who are believed to have perpetrated violence against Palestinians since October 7th. In announcing the visa bans, U.S. Secretary of State Antony Blinken said that the U.S. continues to push the Israeli government to “do more to hold accountable extremist settlers who have committed violent attacks against Palestinians in the West Bank.”

Soon after the U.S.’s announcement, Belgium announced a similar policy banning settlers suspected of engaging in violence from entering the country. Belgium Prime Minister said in a tweet that he will work with the U.S. in implementing this policy.

Last week, the spokesperson for the French Foreign Ministry publicly stated that the European Union should also consider sanctions on violent settlers. The comments were in support of U.S. President Biden’s op-ed in which he had threatened to impose visa bans, a week before the policy was implemented.

Miftah Reports on “State Sponsored Settler Terrorism”

The Palestinian NGO Miftah has published a short new report on settler violence, saying “settler violence and terror is a systematic state policy pursued by every Israeli government past and present, and the whole government apparatus is complicit and responsible for such terrorism.” 

The report calls on the international community to “muster the courage and political will to hold Israel accountable with effective measures.”  Specifically, it calls on the International Criminal Court to investigate war crimes in Palestine, label settlement products, impose a complete ban on trade with settlements, blacklist settler groups on terrorists lists, freeze assets of individuals and companies involved in the settlement enterprise, and more.

You can read the full report here.

A Roundup of Settler Violence

The following are a few examples of settler violence that have been picked up by major media outlets over the past two weeks:

• “Left-wing Israeli Activists Attacked While Protecting Settler-targeted West Bank Village” (Haaretz – Dec. 4th)
• “Homes and EU-funded school in West Bank village wrecked after threats by settlers” (The Times of Israel – Dec. 4th)
• “Israeli Soldiers Documented Shooting Disabled Palestinian in West Bank” (Haaretz – Dec. 7th)
• “Two Palestinians Killed in Separate Incidents in West Bank” (Haaretz – Dec. 3rd)

Bonus Reads

1. “Return to Gush Katif: A determined movement emerges to resettle Israelis in Gaza” (The Times of Israel)
2. “With All Eyes on Gaza, West Bank Palestinians Are Facing Unprecedented Violence” (Haaretz)
3. Israeli Army Mulls Shutting Down Unit of Settler ‘Hilltop Youth’ Amid Violent Incidents Against Palestinians““ (Haaretz)
4. “A Bitter Season in the West Bank” (The New York Review)
5. “Northern Israeli Kibbutz Residents Prevent Palestinians From Harvesting Their Olives” (Haaretz)
6. “West Bank settlers unwavering in support for Israeli government” (Al-Monitor)
7. “Amid a Settler Onslaught, Protective Presence Activism Falters” (Jewish Currents)

 

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

To subscribe to this report, please click here.

April 7, 2023

1. In Rare Ruling, Israeli High Court Rejects JNF/Settler Effort to Evict Palestinian Family from their Home in Silwan
2. Israel Advances Plans for 6,500 New Settlement Units in East Jerusalem
3. Israel Doubles Funding of Settler Surveillance of Palestinians
4. Bonus Reads

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In Rare Ruling, Israeli High Court Rejects JNF/Settler Effort to Evict Palestinian Family from their Home in Silwan

On April 3rd, a three-judge panel of the Israeli Supreme Court ruled against the Jewish National Fund, which has pursued a 32-year legal battle to evict the Palestinian Sumreen family from their longtime home in the Silwan neighborhood of East Jerusalem. In its ruling the Court criticized the government for declaring the Sumreen home to be absentee property “without any basis in law.” The Court further ruled that the JNF’s subsidiary Himnuta (which was created to take the lead for JNF in litigating aggressive settlement takeover cases like this)  must compensate the family with 20,000 shekels ($5,560).

The case to evict the Sumreen family has been viewed as a key test of the State’s use of the Absentee Property Law to seize Palestinian homes in East Jerusalem, with the fate of the Sumreen case likely to set a precedent that could impact the many other ongoing eviction cases brought by settlers against Palestinians in Silwan. 

Reacting to the ruling, the Sumreen family lawyer told Haaretz:

“This decision is precedential and just. The Supreme Court brought justice after two proceedings in which [the court] ordered the eviction of several families from their homes. The decision includes criticism of how the authorities behaved on this matter and the declaration of absentee property despite the fact that the owner is a living resident of Jerusalem.”

The Free Jerusalem activist movement said in a statement:

“There are few moments in which we feel like a bit of justice has been done in the reality of the occupation. This is one of those movements. Amal Sumreen and her children have lived in their home in Silwan for decades. For the first time in those decades, Amal will be able to sleep soundly tonight” and vowed to continue working “until this racist law, which allows the seizure of homes, is struck down, until the occupation ends, until there is full equality for all.”

The Sumreen family home is located in the middle of what today has been designated by Israel “the City of David National Park” (the home existed long before that designation). The Israeli government has handed over management of the area to 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 home to be “absentee” property”. As a reminder, that law (as summarized by the Israeli legal NGO Adalah),

“Defines persons who were expelled, fled, or who left the country after 29 November 1947, mainly due to the war, as well as their movable and immovable property (mainly land, houses and bank accounts etc.), as ‘absentee’. Property belonging to absentees was placed under the control of the State of Israel with the Custodian for Absentees’ Property. The Absentees’ Property Law was the main legal instrument used by Israel to take possession of the land belonging to the internal and external Palestinian refugees, and Muslim Waqf properties across the state.” 

Based on that designation – which was not communicated to the Sumreen family, which of course was not “absentee” but was living in the home – 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, with the secret funding/backing of the Elad settler group. 

Israeli courts ruled in favor of the Sumreen family’s ownership claims to the home for years. This changed, arguably as a direct result of a deliberate policy (led by then-Justice Minister Ayelet Shaked) to pack the courts with right-wing judges) in September 2019, when the Jerusalem Magistrate’s Court tossed out the previous rulings to grant ownership of the family’s home to the JNF — a decision the family immediately appealed to the Jerusalem District Court. Notably: in 2020, the JNF came under considerable international scrutiny for its handling of the Sumreen case, and was pressured to call off its eviction campaign (it did not). 

In 2022, the Israeli Attorney General issued a legal opinion supporting the JNF’s legal claim to the home and the eviction of the Sumreens. In his opinion, the Attorney General did not address the broader political context of widespread dispossession of Palestinians in Silwan, or the legally dubious actions on the part of the Elad settler group and the Jewish National Fund in having the property declared to be absentee in order to take control over it. Instead, the Attorney General decided simply that there is no new basis on which to overturn the JNF’s ownership of the home, and therefore the Sumreen family does not have a legal right to reside there.

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. For more on the collusion of the JNF and the Elad settler group, see reporting by +972 Magazine.

Israel Advances Plans for 6,500 New Settlement Units in East Jerusalem

Ir Amim reports that over the past week various Israeli agencies have advanced plans for a total of 6,500 new settlement units slated for incredibly sensitive areas of East Jerusalem. 

On March 29th, the Jerusalem Local Planning Committee took the following actions:

• Wadi Joz Business Center (Silicon Wadi) – the Committee discussed and rejected all objections submitted against this plan, recommending the plan for final approval. The “Silicon Wadi” plan seeks to establish a major high-tech hub along the western side of East Jerusalem’s Wadi Joz neighborhood. While touted as a plan that will benefit Palestinians, its implementation will require the eviction of many Palestinian businesses in the area. You can read Ir Amim’s in-depth reporting on the Silicon Wadi project here.
• Lower Aqueduct Plan – the Committee discussed and rejected all objections submitted against this plan, recommending the plan for final approval.  This plan would see a new settlement of 1,465 units built on a sliver of land located between the controversial settlements of Givat Hamatos and Har Homa – and is intended to connect the two. In so doing, it will establish a huge, uninterrupted continuum of Israeli settlements on the southern rim of Jerusalem, and will destroy Palestinian contiguity between the West Bank and East Jerusalem.  For more background on the Lower Aqueduct plan, see resources by: Terrestrial Jerusalem and Ir Amim.
• Ramot North A and B – The Committee recommended these two plans, outlining a total of 1,918 units, for deposit for public review. Both plans will expand the existing settlement of Ramot northeastward towards the Palestinian town of Bir Nabala.  See more details from Ir Amim here.

On April 3rd, the Jerusalem District Planning Committee was slated to advance the following plans (final confirmation of the committee’s actions has not been reported as of publication on April 6th)

• French Hill/Mount Scopus –  The committee was slated to possibly review amendments to two plans for a total of 1,539 new settlement units to be built in the area of French Hill and the premises of Hebrew University’s Mount Scopus campus, most of which would be located beyond the Green Line. One of the plans – called the “Bronfman Dormitory Complex” – will encircle a Palestinian residential area on the Mount of Olives. 
• Givat HaShaked – This plan outlines 700 housing units (in 4 high-rise towers and several six-story buildings), a school, and commercial buildings, all to be built on a highly sensitive and geopolitically critical sliver of land located within the Palestinian neighborhood of Beit Safafa. It was approved for public deposit in September 2022. Ir Amim reports, “although approved for deposit, the plan has not yet been formally deposited for public review. An internal session was scheduled […] to amend the decision on the plan. Although the details regarding this amendment are unknown at present, the assumption is that the modification is a technical issue.” For more information on this new settlement, see previous FMEP reporting.
• Pisgat Ze’ev – The committee was slated to possibly review amendments to a plan for 730 new settlement units that would expand the Pisgat Ze’ev settlement eastwards towards the Separation Barrier and the area of the Palestinian town of Hizma, depleting the few remaining open land reserves in the area. 
• Ramot – A plan for 240 new units in the settlement of Ramot was slated to be reviewed by the committee for the first time.

Israel Doubles Funding of Settler Surveillance of Palestinians

Haaretz reports that the Israeli government budget request includes $11.1 million for a program that organizes and equips settlers to surveil Palestinian construction in the West Bank, doubling the government budget from 2022. Haaretz explains:

“Recent years have seen the formation of ‘land departments’ in West Bank settlements, which track Palestinian construction and cultivation and report such activity to the Civil Administration and the Israeli military. These departments have no enforcement authority, but its inspectors serve as an additional source of pressure on the Civil Administration in Area C…Settlement authorities could use these budgets to hire members of their inspection units, to purchase aerial photos, drones, tablets and vehicles. For larger settlements, the funds could be enough to hire four full-time inspectors and another four part-time ones. In addition, the funds could be used to pay youths doing their national service, and to hold public diplomacy conferences on the matter.”

It’s worth recalling that Bezalel Smotrich – who today is effectively the sovereign power ruling over the West Bank – has previously suggested empowering settlemers, on their own judgment and authority, to demolish Palestinian construction they believe lacks Israeli-required authorizations. As FMEP has repeatedly explained, Israel has long denied Palestinians the ability to build (on land that Israel recognizes they legally own) in Area C, resulting in many Palestinian structures — including homes, schools, and agricultural structures — being built without the required Israeli-issued permits. To fully understand what is happening, see B’Tselem’s excellent explainer.

The program for which the new Israeli government is doubling funding is only one of the ways in which settlers act as a surveillance mechanism of the Israeli state. In November 2020 the Israeli Civil Administration created a hotline for settlers wishing to report their suspicions of “illegal” Palestinian construction in the West Bank (on the Kochav Ya’akov settlement website, the new phone service is called a “snitch line”). In November 2021, Breaking the Silence and the Washington Post revealed that settlers have been helping the IDF build a facial photo database of West Bank Palestinians. The database serves to buttress the facial recognition capabilities of the Israeli army, as part of its pervasive surveillance arsenal, including a growing network of cameras and smartphones.

Bonus Reads

1. “Mount of Olives becomes latest target in fight for control of Jerusalem” (The Guardian)
2. “Why the Netanyahu Government’s Disengagement Repeal is so Problematic for the Biden Administration” (Dr. Deborah Shushan, J Street)
3. “Israeli Settlements in the Ramallah & Al-Bireh Governorate” (PLO NAD)
4. “Israeli Settlers Descend on West Bank Village of Hawara, Injuring Six Palestinians” (Haaretz)
5. “As Israel’s Crises Pile Up, a Far-Right Minister Is a Common Thread” (New York Times)
6. “To Understand the Settler Mindset, Read This Eulogy” (Avi Garfinkel, Haaretz)

 

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

To subscribe to this report, please click here.

August 4, 2022

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

 

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

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

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

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

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

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

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

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

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

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

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

Yesh Din writes on the significance of this ruling:

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

In +972 Magazine, Orly Noy writes:

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

Settlers Acquire Another Home in Downtown Hebron

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

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

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

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

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

Elad Closes Palestinian Access Road Near Sambuski Cemetary in Silwan 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Haqel and Emek Shaveh further explain:

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

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

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

 

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

Bonus Reads

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

 

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

To subscribe to this report, please click here.

January 21, 2022

1. Under Cover of Darkness & Cold, Israel Evicts Palestinian Family & Demolishes Their Homes in Sheikh Jarrah
2. Israel Advances Plan for New Settlement in East Jerusalem
3. Settlers Continue To Press For “Legalization” of Homesh Outpost & Yeshiva
4. New U.S. Ambassador Will “Absolutely Not” Visit Settlements
5. Further Reading

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Under Cover of Darkness & Cold, Israel Dispossessed Palestinian Family & Demolished Their Homes in Sheikh Jarrah

At approximately 3:00am on Wednesday, January 19th Israeli forces undertook a major operation in order to forcibly remove the Salhiya family from their longtime home in Sheikh Jarrah — rendering 7 adults and 5 children homeless in the middle of the night in the freezing rain. Israeli forced then moved to promptly demolish the home. The action followed Israel’s aborted two days earlier, on January 17th, to remove the family, during which it razed part of the Salhiya family plot, including a plant nursery. 

As a reminder, Israel pursued this dispossession after unilaterally expropriating the plot of land owned by the Salhiya family in 2017 for “public use.” Israeli authorities say that they intend to use the land to build schools to serve Palestinians, who have long suffered from a shortage of school facilities. As has been noted, this argument is hard to take seriously, given that land exists elsewhere in Sheikh Jarrah on which schools could be built without evicting and rendering an entire Palestinian family. Ir Amim explains:

“Although Israeli law allows for the expropriation of private property for public purposes, it is typically only carried out in the absence of alternative options. The authorities have had various options at their disposal, including use of other plots of open land in the neighborhood, which would not have necessitated the Salahiya family’s eviction. Rather than using such plots, the municipality saw it reasonable to dispossess a Palestinian family to meet such needs.”

In order to carry out this forcible dispossession, Israel forces first cut power to the entire (Palestinian) area in which the Salhiya house and businesses were located. Accounts from those present at the eviction/demolition reported that Israeli forces violently assaulted several members of the Salhiya family including children. Israeli forces also arrested eighteen human rights defenders – including members of the Salhiya family — for resisting the eviction (for a detailed update on these cases, please see this report by Human Rights Defenders Fund). An additional six human rights defenders were arrested later on January 19th during a protest  against the demolition, held in front of the Jerusalem Mayor’s home. Human Rights Defenders Fund, which is funding the legal representation of those arrested, said:

“HRDF opposes the unjust evictions of family homes in Sheikh Jarrah and will continue to stand with Palestinian HRDs defending their basic human rights for property and shelter. We will continue to closely monitor Sheikh Jarrah neighborhood and oppose any illegitimate attempt to change its demographics.”

The overnight evictions have been roundly criticized by human rights groups and several international governments. The European Union slammed the eviction/demolition, along with separate statements issued by individual European nations. The United States Ambassador to the United Nations, Linda Thomas-Greenfield also spoke out (weakly, in a statement framed in classic bothsides-isms).

Israel Advances Plan for New Settlement in East Jerusalem

On January 17th, the Jerusalem District Planning Committee approved for deposit for public review a new settlement plan in East Jerusalem – called the “Lower Aqueduct” plan. The new settlement is intended to connect the controversial settlements of Givat Hamatos and Har Homa, establishing an uninterrupted continuum of Israeli settlements on the southern rim of Jerusalem, and destroying the contiguity of Palestinian land in the West Bank and East Jerusalem.

As laid out in new reporting from Terrestrial Jerusalem, the plan is being promoted by the Jerusalem Municipality together with the Israel Lands Authority, but – as the reporting predicts – 

“when the smoke clears, it will become evident that the same protagonists that are facilitating settlements in Sheikh Jarrah, Silwan, Givat Shaked, Musrara – i.e. the Custodian General and the Absentee Property Custodian – are deeply implicated in the Plan.”

Terrestrial Jerusalem further notes that the plan is being advanced at an expedited pace, giving the appearance that “someone senior and in a position of authority is expediting the Plan at [a] highly irregular pace.”

In total, the plan provides for the construction of 1,465 new units – around half of which will be constructed over the 1967 Green Line the demarcates (in the eyes of the international community) the line between Israeli-annexed West Jerusalem and Israeli-occupied East Jerusalem. The plan also provides for open public spaces and buildings including schools and a gymnasium. 

Importantly, the new settlement will impinge on the two neighboring East Jerusalem Palestinian villages of Sur Baher and Umm Tuba, and will involve the expropriation by Israel of privately owned Palestinian land. Most notably, in order to pave a new access road for the new settlement, the State will likely expropriate land privately owned by Palestinian residents of Umm Tuba.

Ir Amim’s Aviv Tartarsky told The Times of Israel:

“This is another way in which Israel is erasing the Green Line in Jerusalem, ending Palestinian contiguity, and expropriating the lands of Palestinians. When Palestinians tried to plan construction there, it was rejected — and now the territory will be confiscated.”

Following the committee’s decision to this week to advance the plan, the European Union, France, Germany, Spain and Italy all issued statements calling for Israel to reverse the move. France also published a joint statement with Ireland and Estonia.

Settlers Continue To Press For “Legalization” of Homesh Outpost & Yeshiva

In a display of brazen lawlessness, more than 1,200 Israeli Jews managed to enter the closed military zone that is the site of the former Homesh settlement – where settlers have illegally established and operated a yeshiva for years – in order to celebrate the Jewish holiday of Tu B’Shvat, as part of their ongoing campaign to pressure the government to reestablish the settlement.

To reach the site, settlers (identified as yeshiva students by The Jewish Press) marched en masse for two hours with armed guards through the outskirts of the Palestinian village of Sebastia. On their way, settlers passed easily through at least two IDF checkpoints — meant to stop traffic towards the Homesh area, though Israeli soldiers in practice prevented only the freedom of Palestinian traffic in that direction. Sebastia is a routinely besieged city, suffering closures in the wake of the murder of settler Yehuda Dimentan and as a consequence of Israeli settler’s focus on archaeological sites in the city [as has been covered in the Settlement Report regularly: settlers, in collaboration with Israeli authorities, are openly seeking to exploit archeology as a tool to dispossess Palestinians in the West Bank]. 

In Jerusalem, settler leaders and their allies continued their mass protest in front of the Prime Minister’s residence in a bid to pressure Bennett to authorize Homesh, amongst other demands.

New U.S. Ambassador Will “Absolutely Not” Visit Settlements

In an interview with the Yedioth Ahronoth news outlet, U.S. Ambassador Thomas Nides said that he will not visit Israeli settlements in the West Bank, unlike his immediate predecessor David Friedman. 

When questioned about his travel policy as compared to Friedman’s, Nides said:

“Because just like I ask both the Palestinians and Israelis not to take steps that inflame the situation, I don’t want to do things intentionally that would create disrespect or anger among people. Now, listen, I’ll make mistakes. I’ll say things that will aggravate people. I’m sure that in this interview, I’ll say something that will aggravate someone. But I don’t want to intentionally anger people.”

It’s worth recalling that the Biden Administration has not reversed or publicly rejected the Trump Administration’s “Pompeo Doctrine,” which made it U.S. policy to view Israeli settlements as not “per se inconsistent with international law.” The overwhelming majority of the international community holds that all Israeli settlements and outposts in the West Bank are illegal pursuant to Article 49 of the Fourth Geneva Convention, which states:

“The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” It also prohibits the “individual or mass forcible transfers, as well as deportations of protected persons from occupied territory”.

Bonus Reads

1. “PODCAST: Excavating Israel’s underground settlements” (+972 Magazine)
2. “Palestinian Activist Dies Two Weeks After Being Run Over by Israeli Police Truck” (Haaretz)
3. “There’s a Mass Palestinian Grave at a Popular Israeli Beach, Veterans Confess” (Haaretz)
4. “JNF Board Members Demand End to Controversial Tree-planting in Negev Until Questions Answered” (Haaretz)

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 7, 2022

1. E-1 Settlement Reportedly Delayed
2. E-1 Settlement Reportedly Delayed, BUT (Part 1): Israel Advances New Settlement Plan in East Jerusalem
3. E-1 Settlement Reportedly Delayed, BUT (Part 2): Israel Approves Expansion of French Hill Settlement in East Jerusalem
4. E-1 Settlement Reportedly Delayed, BUT (Part 3):  An Update on Two Families Facing Displacement in Sheikh Jarrah
5. Al-Walajah Hearing Postponed but Remains Likely
6. Report: Gantz Intends to Turn Evyatar Outpost Into New “Legal” Settlement
7. Settlers Still Pressing Govt to Authorize Homesh Outpost, & Terrorizing Nearby Palestinians
8. IDF Evacuates Kumi Ori Outpost, Yitzhar Start Clashes
9. IDF Renews Standing Demolitions Orders Against Six Unauthorized Outposts
10. Israel Earmarks Millions for Seven New Synagogues in Settlements & Outposts
11. Bonus Reads

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E-1 Settlement Reportedly Delayed

The Israeli Civil Administration’s High Planning Council has removed consideration of the E-1 settlement plan from the agenda of its scheduled January 10th meeting. Haaretz reports that the plan has been indefinitely postponed due to “the expert opinions of certain officials in the Civil Administration.” No further information regarding the identity of the officials nor their opinions has been made public, and neither Israeli Minister of Defense Benny Gantz (who oversees the Civil Administration and all planning in the West Bank) nor Prime Minister Bennett have made any public comments. Haaretz further notes that the decision to add and remove items – particularly contentious items such as the E-1 plan – requires the approval of political leadership. 

The High Planning Council – which is the body within the Israeli Defense Ministry which oversees all construction in the occupied West Bank – was expected to convene on January 10th to hold a third hearing to consider public objections to the E-1 plan. The Council’s previous hearings on public objections to the plan have been riddled with drama. The first was held on October 4th, but Palestinians were effectively denied the ability to participate, as it was held online and was thus inaccessible to the many Palestinians affected by the plan who do not have internet access. The second was held on October 18th; at that hearing three objections were presented (one by the Palestinian village of Anata, a second by the Palestinian village of Al-Azariya, and a third joint submission filed by Ir Amim and Peace Now). Ir Amim reports that there was no substantive discussion of these objections, with the Civil Administration panel offering no questions or comments on them. This third hearing – which was scheduled for January 10th – was set by the Court (originally for November 2021, but delayed) to compensate for the exclusion of Palestinians from the first hearing. 

E-1 Settlement Reportedly Delayed, BUT (Part 1): Israel Advances New Settlement Plan in East Jerusalem

On January 5th, the Jerusalem Municipal Planning Committee advanced a plan – referred to as the “Lower Aqueduct Plan” – to build a new settlement with 1,457 units in East Jerusalemn land located between two already controversial settlements on the southern flank of East Jerusalem: Givat Hamatos and Har Homa. The new settlement is intended to connect the Givat Hamatos and Har Homa, establishing an uninterrupted continuum of Israeli settlements on the southern rim of Jerusalem, and destroying the contiguity of Palestinian land in the West Bank and East Jerusalem. With approval from the municipal planning authority, the plan now goes to the Jerusalem District Planning Committee which will convene on January 17th to consider depositing the plan for public review.

In addition to severing East Jerusalem from the West Bank in the south, the new settlement will impinge on two neighboring East Jerusalem Palestinian villages of Sur Baher and Umm Tuba, and will involve the expropriation by Israel of privately owned Palestinian land. Most notably, in order to pave a new access road for the new settlement, the State will likely expropriate land privately owned by Palestinian residents of Umm Tuba. Ir Amim explains:

“According to the plan, an access road to the new neighborhood will be built over the Green Line on private Palestinian land belonging to residents of Umm Tuba. These lands will likely be expropriated. Despite the probable expropriation, the plan does not offer any development for the remaining privately-owned Palestinian land and will likewise not grant building rights to Palestinian landowners for areas alongside the road not intended for expropriation.”

Adding insult to injury, two years ago the Jerusalem Municipality and the Ministry of Jerusalem Affairs initiated a plan to build a new Palestinian business center in the precise area targeted by the “lower aqueduct” plan, as part of an Israeli government initiative to reduce poverty in East Jerusalem. The Jerusalem Municipality subsequently abandoned the plan for the Palestinian business center under pressure from settlers, specifically from the Har Homa settlement which borders the area. Ir Amim comments:

“Not only is this yet another example of severe planning discrimination, but construction of this new neighborhood will serve to further create Israeli territorial contiguity along East Jerusalem’s southern perimeter while depleting more land reserves for Palestinian development.”

Peace Now notes that the majority of the land on which the new settlement will be built (half of which is in East Jerusalem and half in West Jerusalem) is privately owned, or managed by the Israeli Custodian General. Although recent reporting suggests the Custodian General is moving to advance settlement construction on lands it manages across East Jerusalem, its legal ability to do so is questionable (and doing so has historically not been its practice).

It’s worth recalling that in December 2021, reports surfaced that the Israeli Custodian General is planning to establish a new settler enclave in Sur Baher, and is hoping to add more land in the village to its existing portfolio of 3.3 dunams.

Terrestrial Jerusalem writes:

“This Plan is not promoted in a vacuum, and constitutes yet another significant  link the chain of new settlement schemes currently being expedited by Israeli authorities on the southern flank of East Jerusalem. Connecting Har Homa to Givat Hamatos, the Lower Aqueduct Plan joins these other schemes: Givat Hamatos, Har Homa West, Ahuzat Nof Gilo  and Har  Gilo West. The cumulative impact of these plans is to create a continuous built-up buffer, sealing East Jerusalem off from its sister city, Bethlehem. Viewed in context, the Lower Aqueduct Plan is a significant component in a strategic thrust with the objective of consolidating sole Israeli rule over East Jerusalem, and cutting it off from its environs in the West Bank. The physical detachment of East Jerusalem from Bethlehem will be viewed as  unilateral act that causes concern not only among Palestinians and the international community, among the major Christian denominations around the world.”

Peace Now said in a statement:

“As in the case of the Atarot plan, right-wing elements in the government are taking advantage of the lack of coalition agreement on the issue of settlements to advance far-reaching plans that post facts on the ground that undermine the possibility of peace. The plans add to the tension on the ground and highlight the blatant discrimination that the government is building in East Jerusalem for Israelis only, while the hundreds of thousands of Palestinians in the city can build almost nothing. The coalition parties that support the possibility of two states for two peoples must do everything so that these plans are not promoted and do not reach a discussion in the District Committee.”

E-1 Settlement Reportedly Delayed, BUT (Part 2): Israel Approves Expansion of French Hill Settlement in East Jerusalem

On January 5th, the Jerusalem District Planning Committee gave its final approval to several plans that will add a total of 2,092 new units to the French Hill settlement in East Jerusalem, on the edge of Mount Scopus.

Several plans relate to the Hebrew University campus on Mt. Scopus. Notably, while Mt. Scopus is in East Jerusalem, it is not considered by the international community to be occupied territory (reflecting the fact that in 1948 the area was designated as a demilitarized zone).  These new plans, which expand the footprint of the Hebrew University campus but on land that is in the French Hill area (i.e. occupied territory), are:

1. The “Bronfman Dormitory” plan to build 672  settlement units on land located in the French Hill settlement area (beyond the borders of the Mt. Scopus campus). Ir Amim raises alarm that this plan will completely encircle a Palestinian neighborhood (leaving it as an enclave surrounded by Israeli development), which “will greatly increase the construction in areas marked as Israeli, while blocking any further development of the Palestinian neighborhood.”
2. The “Lerner Complex & Lower Resnick Dormitory” plan calls for the construction of 1027 units , the majority of which are designated for land east of the Green Line where there are currently student dormitories for the Hebrew University.
3. The construction of 528 settlement units on land just north of the Jerusalem British War Cemetery, on land that is cut in half by the Green Line. 

Ir Amim said in a statement:

“Beyond the geopolitical implications of constructing more housing units over the Green Line in Jerusalem, these plans are yet another example of the acute housing discrimination facing East Jerusalem Palestinians. These four plans follow close on the heels of other major housing projects advanced for Israelis in East Jerusalem over the course of 2021. The Israeli authorities continue to promote plans at full force for thousands of housing units for Israelis, while systemically refraining from advancing plans for Palestinians to meet their severe housing needs.”

Peace Now writes: 

“it should be noted that some of the plans are adjacent to Palestinian land and houses (a neighborhood considered to be the fringe of Sheikh Jarrah), but all the huge building rights planned in these plans are not given to Palestinian homeowners living adjacent to the planned area. The Israel Land Authority has chosen to plan only the complexes under its control and not to allow the private construction of Palestinians next door. Since 1967, the government initiated and planned approx. 56,000 units for Israelis in East Jerusalem, while for Palestinians the government supported only 600 units, in the 1970’s. The planning of so many units in East Jerusalem for Israelis alongside with the increase in house demolition for Palestinians, raises the frustration and anger in East Jerusalem.”

E-1 Settlement Reportedly Delayed, BUT (Part 3): An Update on Two Families Facing Displacement in Sheikh Jarrah

New details have emerged regarding the delayed forcible displacement of the Salem family from their longtime home in Sheikh Jarrah in favor of settlers. Though the eviction notice stated that the family would be evicted from their home on December 29th, a last minute delay was granted based on a request submitted to the Court by the setters. The settlers requested that the court postpone the evacuation and instead require that it be carried out between January 20 and February 8th. 

The settlers’ lawyers’ request was in line with concerns raised by the Jerusalem police, which also submitted a letter to the Court that warned a set date for the eviction, known in advance by the family and the public, “could endanger the forces and foil the evacuation’s success.”

Also in Sheikh Jarrah and in keeping with the police’s warning, the Saliha family received another eviction notice from Israeli authorities warning them that an eviction order against their home can be carried out anytime between January 10 and January 25. There are two households in the Saliha family living on a plot of land that Israel expropriated (in 2017) for “public use”, and on which it now intends to build a school (it is as yet unclear what population the school will serve).

Ir Amim provides essential and comprehensive information on what is going on with regards to the Salhia family case:

“The Jerusalem Municipality is demanding the eviction of the entire Salhia family, comprised of two households and totaling 12 individuals, under the pretext that expropriation of the property is necessary for the construction of a school. Following the court’s dismissal of one petition, one of the households received the aforementioned eviction order. The second household’s petition will be heard tomorrow (January 6) at the Jerusalem District Court.

While the municipality is evicting the family to build an educational institution, in recent years it relinquished a plot of land in Sheikh Jarrah originally designated for a school and transferred it into the hands of an ultra-Orthodox association for the construction of a massive yeshiva. The municipality appears to perceive it as reasonable to dispossess a Palestinian family for the sake of a school rather than utilizing open land initially allocated for such purposes.

When the District Planning Committee discussed the objections to the Ohr Somayach yeshiva plan (TPS 68858) at the end of 2020, the representative of the Jerusalem Municipality’s planning department claimed that there was no shortage of educational institutions nor a lack of space for such buildings in Sheikh Jarrah.

Today, Ir Amim sent an urgent letter to the Director of the Municipality’s Education Administration (MEA) in which it detailed the contradiction in the municipality’s actions and demanded MEA act to retrieve the parcel of land it transferred to the ultra-Orthodox association. Such a measure could in fact obviate the “need” to seize the Salhia family’s land and prevent the violation of their property rights and forced eviction.

Members of the Salhia family are Palestinian refugees who were uprooted from their homes in Ein Kerem in 1948 and now stand to be displaced for a second time. According to the family, their parents purchased the plot of land and have lived in homes they built since before 1967. The property also houses a well-known and thriving garden center called Peace Nursery.

Situated directly across from the British Consulate, the homes are strategically located between Kerem Al’ajoni and the Shepherd Hotel complex where settler groups are acting to establish major settler enclaves (see map below). In Kerem Al’ajoni, Nahalat Shimon is working at the behest of settlers to evict some 30 Palestinian families, while the Ateret Cohanim settler organization has constructed 22 housing units in the Shepherd Hotel complex to house a new settlement. The organization received the compound from the state decades ago after it was declared “absentee property.” There are reports that Ateret Cohanim intends to build additional floors, and therefore the units are not yet occupied.

It should be underscored that this development is taking place in parallel to the impending eviction of the 11-member Salem family from Um Haroun, Sheikh Jarrah (western section) for the benefit of settlers. As reported previously, the family was handed an eviction notice in early December citing that they would be subject to forcible removal as of December 29. That eviction order was cancelled, and an administrative hearing was held on December 30 at the Enforcement and Collection Agency concerning a request for a new eviction order with a flexible implementation date. Although the hearing concluded without a decision nor the issuance of a new eviction order, the family’s legal representation has made it clear that all potential legal channels have been exhausted. Therefore save for government intervention, there appears to be no other means to prevent the family’s displacement. Continued public pressure and concerted engagement with the Israeli government on this matter is hence vital.

A total of some 70 families, numbering over 300 Palestinians, are under threat of eviction from Sheikh Jarrah due to lawsuits filed by settler groups working in close collaboration with state bodies, including the General Custodian. Driven by political and ideological motives, these efforts aim to establish settler enclaves by forcibly uprooting Palestinians and supplanting them with Jewish settlers as a means to Israelize the area and further entrench Israeli control. Such measures carry severe humanitarian and geopolitical ramifications.”

Al-Walajah Hearing Postponed but Remains Likely

The Israeli Supreme Court hearing on the demolition of 38 homes in the beleaguered Palestinian village of al-Walajah,  scheduled for December 26th, was ultimately postponed by the Court. The delay followed a new request submitted to the Court by the lawyer representing the Palestinian families facing imminent homelessness, though it’s not clear what the request was exactly. Ir Amim makes it clear that the delay is not cause for celebration, and stems from a technical matter. 

The Court has not set a new date for the hearing.

As a reminder, the State of Israel has longstanding demolition orders against 38 Palestinian homes – in which around 300 people live – in the village of Al-Walajah, though the orders have been contested by Palestinians and, until this point, frozen by the Court as the matter is litigated. In December 2021, the State asked the Court to lift a freeze on the demolition orders, arguing (as it had in the past) that the houses – built by Palestinian residents of al-Walajah s on their own land – were illegal, because the were built without the required Israeli permits. This argument points to the Kafkaesque nightmare in which al-Walajah’s residents are trapped.

In point of fact: It is all but impossible for Palestinians to obtain building permits from Israel to build “legally” on their own land in East Jerusalem and in Area C of the West Bank. In the case of al-Walajah, such permits are, literally, impossible to obtain. This is because Israel has actively chosen not to approve an “outline plan” for the area, without which permits are an impossibility. Al-Walajah residents, with the help of planning experts, prepared and proposed an outline plan for the area, and for more than 15 years have worked to get Israel to approve it — to no avail. Israeli authorities have repeatedly (in January 2021 and again in March 2021) refused to approve the resident-backed plan, and have also refrained from initiating their own planning process. Indeed, the Jerusalem District Committee, as part of a January 25, 2021 ruling against the outline plan proposed by residents, deemed the area in question — where Palestinians have lived for decades — an “agricultural area” where no building would ever be permitted.  The result: Al-Walajah’s residents have been left with zero hope of obtaining the permits required to build on their own land – or keep their current homes located there.

Report: Gantz Intends to Turn Evyatar Outpost Into New “Legal” Settlement

Over the past few weeks, reports have surfaced indicating the Israeli Defense Minister Benny Gantz is planning to approve the retroactive authorization of the Evyatar outpost, located on a strategic hilltop named Mount Sabih just south of Nablus on land historically belonging to nearby the Palestinian villages Beita, Yatma, and Qablan. This follows Prime Minister Bennett’s November 2021 promise to legalize the outpost.

The decision to authorize Evyatar as a full-fledged, new, and “legal” settlement is supposedly dependent on the outcome of an Israeli-led investigation into the status of the land. If the land is “discovered” to be “state land,” the government will authorize EVyatar. The results of the “investigation” are not public at this time. [map]

The Evyatar outpost has been at the core of sustained settler violence and Palestinian protest over the course of 2021, ever since the government agreed to a deal with settlers to evacuate the outpost temporarily (leaving its structures intact) until the government determines whether it can find a pretext upon which to declare the land to be state land. 

Peace Now said in a statement:

“There is no justification in the world for establishing a new settlement in the West Bank, which will be a security burden, a political blow and a reward for outlaws. The small settler group who established the outpost in Evyatar did so illegally, with the aim of dragging Israel to deepen the occupation and prevent its end, and they led to daily risk of IDF soldiers and severe escalation of violence in the area. The government must come to its senses and stop this madness and not be dragged after a small minority.”

In addition to reportedly preparing to grant approval to formally establish the Evyatar settlement, the settler news outlet Arutz Sheva reports that Gantz has suggested making the new settlement the new home for the illegal yeshiva settlers have established as the site of the former Homesh settlement – a yeshiva that has likewise been at the center of ongoing violence (including settler violence targeting Israeli forces). Settlers have come out in opposition to this suggestion – unsurprisingly, given that the explicit objective of the settlers targeting the Homesh site is the re-settlement of that specific area (more below).

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

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

Settlers Still Pressing Govt to Authorize Homesh Outpost, & Terrorizing Nearby Palestinians

There has been continuing fallout and violence surrounding the Homesh oupost and yeshiva following the murder of settler Yehuda Dimentan by a Palestinian in December 2021. Settlers have used Dimentan’s death to press the government to formally reestablish the Homesh settlement (evacuated in 2005 as part of the Gaza disengagement plan, at which time it was declared by Israel to be a closed military zone – but settlers have been allowed to frequent the site and even operate a yeshiva there. That yeshiva, according to Kerem Navot, became one of the West Bank’s “hardcore centers of settler terror”). Settlers have also wreaked terror on nearby Palestinian villages, most notably Burqa. One Israeli politicians even said that settlers are carrying out a pogrom in Burqa.

Most prominently to date, Israeli Justice Minister Gidon Sa’ar (Likud) offered his support for reestablishing the Homesh settlement – directly tying his support to the death of Yehuda Dimentan. On January 1st, Yesha Council leader Yossi Dagan and MK Yuli Edelstein inaugurated a new caucus in the Knesset specifically dedicated to the cause of reestablishing the Homesh settlement along with the other two settlements that were dismantled by the Israeli government in 2005 as part of the Gaza Disengagement Plan.

Since the murder, the IDF has imposed severe movement restrictions on Palestinians living near the Homesh site and the Shavei Shomron settlement (where Dimentan lived). This includes road closures, and IDF-imposed closures of the Palestinian towns of Burqa and Sebastia. In addition, two new Israeli-controlled checkpoints positioned near Shavei Shomron and Homesh in practice now prevent Palestinians from using the roads, while allowing settlers to reach the Homesh site (which, again, is supposedly a closed military zone). The closures have not prevented settlers from regularly attacking Burqa, including “three large scale attacks”. According to the PA’s settlement monitor, Palestinians in Burqa fear a massacre.

In addition to the now-routine closures and movement restrictions on Palestinians, the IDF chose to completely shut down the highway connecting Shavei Shomron and Homesh on December 23rd to allow a massive march led by Dimentan’s widow – estimated to have included 15,000 Israelis (including several elected officials) – following Dimentan’s funeral. The march and the closures resulted in clashes, particularly in Burqa, between Palestinians and IDF forces. The night of the march, settlers raided Burqa where they attacked Palestinian homes and desecrated the village’s cemetary.

The marchers told Ynet that they intend to maintain a presence at the yeshiva to prevent the government from dismantling it. The Dimentan family has personally asked government officials to authorize the Homesh yeshiva in Dimentan’s honor.

Amidst the ongoing violence and political agitation, on January 2, 2022 a delegation of Israeli lawmakers, including several senior members of the Likud party, paid a visit to the illegal yeshiva at the dismantled Homesh settlement site. Their tour of the yeshiva was used to offer support to the settlers’ effort to push for retroactive authorization.

IDF Evacuates Kumi Ori Outpost, Yitzhar Start Clashes

On December 31st, Israeli forces once again removed caravans from the unauthorized “Kumi Ori” settler outpost, which serves as the home of 20 extremist “Hilltop Youth” settlers and is a satellite outpost of the notoriously violent and radical Yitzhar settlement. Dozens of settlers from Yitzhar attacked Israeli forces, resulting in injuries to three soldiers and one settler.

Haaretz reports that despite an order issued two years ago declaring the land to be a “closed military zone,” Israeli border police – who maintain a checkpoint at the entrance of the outpost – have continued to allow settlers to live and visit the area if they had lived there (illegally) prior to the eviction order being issued. The caravan that was removed on December 31st was new, and therefore subject to the eviction order.

Kumi Ori was previously evacuated by the IDF in April 2020 and in January 2020, and also in August 2017 – each time resulting in violence. The battle between the outpost settlers and the Israeli army has played out for many years, and the IDF has demolished the outpost at least 10 times. In one extraordinary attempt by the settlers to preserve the outpost, settlers attempted to convince the court that Israel did not have authority to demolish the structures, because the outpost is not located in Area C (where Israel has complete control), but rather in a Palestinian-administered area (Area A or B) [raising the question, would the settlers recognize/respect the Palestinian Authority’s authority to evict them?].  The Court rejected that argument.

IDF Renews Standing Demolitions Orders Against Six Unauthorized Outposts

The Israeli military recently re-issued standing demarcation orders that allow (should Israeli authorities so choose) for the demolition of the outposts without any legal hoops or holdups. Of course, the orders have been in place for years, and while the IDF has occasionally dismantled the outposts, settlers have been able (or allowed) to reestablish the illegal encampments. 

The orders were renewed for the following outposts: 

• Ramat Migron outpost, located in the Shiloh Valley in the northern West Bank. The IDF recently dismantled the Ramat Migron settlement in November 2021.
• Oz Zion outpost, located between Jerusalem and Ramallah. The Oz Zion outpost has been demolished by the IDF several times but the settlers have been allowed to reestablish it. The outpost was most recently dismantled by the IDF in June 2021.
• Guelat Zion outpost, located in the Shiloh Valley in the northern West Bank. Guelat Zion was most recently demolished in November 2021. Established in 2011, the outpost is adjacent to the new “Amichai” settlement, which Israel built as a pay-off to settlers it was forced by the courts to remove from the illegal Amona outpost.
• Givat Assaf outpost, located east of Ramallah. The Givat Assaf outpost was rumored to be included in a list of 66 outposts the Knesset sought to retroactively legalize via legislation.
• Givat Tekuma (“Hill 725”) outpost, located near the Yitzhar settlement in the Nablus area of the northern West Bank.
• Shaked farm outpost, located near the Yitzhar settlement in the Nablus area of the northern West Bank

Israel Earmarks Millions for Seven New Synagogues in Settlements & Outposts

Israeli Minister of Religious Services Matan Kahana approved the allocation of millions of shekels (exact figure unknown) for the construction of 30 new synagogues – seven of which will be located in settlements or unauthorized outposts. In addition, Kahana earmarked 25% of his ministry’s aid budget for the construction of mikveh’s (Jewish ritual baths) in the West Bank.

Meretz MK Mossi Raz said in response:

“Kahana has decided to discriminate against residents within the green line, and to build a quarter of the synagogues in his ministry’s budget over the green line. This does not only strengthen the settlement enterprise, which is harmful for Israel’s future, it acts inequitably in allocating resources to every worshiper within Israel’s borders.”

Bonus Reads

1. “First Settlers Beat Them Up, Then Ismail and His Family Were Jailed” (Haaretz)
2. “Why Palestinian Kids’ Playgrounds Are Such Prime Targets for Israeli Settlers” (Haaretz // Ali Awad)
3. “Power struggle: Bill to hook up illegal Arab homes to grid passes in stormy session” (The Times of Israel)