Settlement & Annexation Report: October 22, 2021

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

To subscribe to this report, please click here.

October 22, 2021

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

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

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

Peace Now data

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

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

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

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

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

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

Settlement plans expected to be granted final approval include:

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

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

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

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

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

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

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

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

Ir Amim writes:

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

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

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

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

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

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

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

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

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

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

Israel Begins Construction on New Settlement in Downtown Hebron

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

Peace Now said in a statement:

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

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

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

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

Israel Advances “Silicon Wadi” Project in East Jerusalem

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

Ir Amim writes:

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

Recap: Israel Advances Settlement Plans Across Greater Jerusalem Area

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

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

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

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

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

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

Terrestrial Jerusalem writes:

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

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

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

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

Emek Shaveh writes:

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

In conclusion, we wish to emphasize the following points:

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

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

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

Bonus Reads

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

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

To subscribe to this report, please click here.

August 13, 2021

The First Bennett/Biden Settlement Wave, Part 1: Israel Set to Advance 2,259 Settlement Units
The First Bennett/Biden Settlement Wave, Part 2: Israel Announces Intention to Issue 863 Building Permits for Palestinians in Area C
The First Bennett/Biden Settlement Wave, Part 3: Observations on Settlement Policy Coordination Between Governments
Jerusalem District Court Orders 16 Homes to Be Demolished While Delaying – for 6 months – Demolition of Others in Silwan
Israel Begins Work on Settler-Back Project at the Ibrahimi Mosque/Tomb of the Patriarchs
Atarot Settlement Plan to Be Discussed on December 6th
Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

The First Bennett/Biden Settlement Wave, Part 1: Israel Set to Advance 2,259 Settlement Units

On August 12th, Israeli Defense Minister Benny Gantz announced that the High Planning Council will convene on August 18th to advance 2,259 new settlement units, as part of projects across the West Bank. Of these, 908 units are slated to receive final approval, including many units in areas beyond Israel’s security barrier. This will be the first time that the High Planning Council (HPC) has convened in 10 months, and it will be the first time a large number of settlement units has been advanced since Biden entered the White House. As a reminder, the HPC is a body within the Israeli Civil Administration (which is a part of the Israeli Ministry of Defense) that has authority over construction planning and approvals for both settlers and Palestinians in the West Bank (the HPC does not have authority with respect to settlement construction in East Jerusalem; since Israel annexed the area in 1967, Israeli domestic Israeli planning authorities are in charge there).

The plans expected to receive final approval include:

286 units in the Har Bracha settlement, located south of Nablus. If implemented, these new units will double the size of Har Bracha;
146 units in the Kfar Etzion settlement, located between Bethlehem and Hebron and on the Israeli side of the planned route of the barrier (which is not yet built in this area);
110 units in the Alon Shvut settlement, located just north of the Kfar Etzion settlement and between Bethlehem and Hebron;
82 units in the Karnei Shomron settlement, located in the northern West Bank, east of the Palestinian village of Qalqilya. Israel has openly declared its intention to continue expanding settlements in this area with the stated goal of bringing 1 million settlers to live in the area.;
52 units in the Beit El settlement, located in the heart of the northern West Bank [as a reminder, former US Ambassador to Israel David Friedman has deep ties to the Beit El settlement]; Construction on 350 new units in Beit El began earlier this year;
42 units in the Givat Zeev settlement, located south of Ramallah in an area that. is on the Israeli side of the barrier;
14 units in the Ma’aleh Mikhmash settlement, located east of Ramallah;
10 units in the Barkan settlement, located about half way between the Ariel settlement and the cluster of settlements slated to be united into a “super settlement” area (Oranit, Elkana, Shiva Tikva, and others).;

Peace Now said:

“The approval of thousands of housing units in the settlements harms the Israeli interest and the chances of reaching peace. It seems that the approval of a handful of plans for the Palestinians is only intended to try to reduce criticism of the government and to please the US administration ahead of Prime Minister Bennett’s expected visit to Washington in the coming weeks. For years, Israel has pursued a policy of blatant discrimination that does not allow almost any construction for Palestinians in Area C, while in the settlements it encourages and promotes the construction of thousands of housing units each year for Israelis. The approval of a few hundred housing units for Palestinians can not cover up discrimination and does not change the fact that Israel maintains an illegal regime of occupation and discrimination in the territories.”

The First Bennett/Biden Settlement Wave, Part 2: Israel Announces Intention to Issue 863 Building Permits for Palestinians in Area C

In announcing plans to advance over 2,000 new settlement units, Defense Minister Gantz also announced his intention to issue permits for 863 houses – some of which will be issued for existing structures – for Palestinians living in Area C. Haaretz reports that the permits are being advanced in order to buy the consent of the few members of the Israeli governing coalition that oppose settlement construction, and as “calculated risk” with respect to the Biden administration.

As a reminder, Area C is the 60% of the West Bank where Israel enjoys absolute authority and has systematically denied Palestinian building rights, while promoting the expansion of settlements and unauthorized outposts. If issued, these permits for Palestinians will be the first issued by Israel in years, and the first of any significant size. Only 21 building permits were issued to Palestinians between 2016 to 2018, while 2,147 demolition orders were issued in the same period.

Commenting on the announcement of the planned permits (which, given past experience, there is no reason to assume will ever be issued) Peace Now said:

“It is a very small expansion of the Palestinian villages and a drop in the ocean in terms of real Palestinian development needs.”

Peace Now reports that these permits, if they are ever issued, might be for:

270 houses in the Bir al-Bash village, located south of Jenin in the northern West Bank;
233 houses in the the Almasqufa village, located near Tulkarem in the norhtern West Bank;
160 houses in the Abba a-Sharqiya village, also located south of Jenin in the northern West Bank;
150 houses in the Al-Ma’asara village, located south of Bethlehem; and,
50 houses in the Khirbet Zakariya, also located south of Bethlehem.

The First Bennett/Biden Settlement Wave, Part 3: Observations on Settlement Policy Coordination Between Governments

In reporting over the past week, Axios journalist Barak Ravid has documented the efforts by the Israeli and U.S. governments to square conflicting positions with regards to settlement growth.

On the U.S. side, the Biden Administration has appeared to take pains to make room in its official discourse to begrudgingly tolerate settlement construction. While the U.S. has criticized the new batch of settlement advancements, until this week the U.S. had reportedly identified three actions it has asked Israel to refrain from, notably not including settlement expansion. Those three actions are: the demolition of Palestinian homes, the eviction of Palestinians from their homes, and the establishment of new outposts in the West Bank. The U.S. is also reportedly asking Israel to take positive steps to stabilize the Palestinian Authority, which is suffering from economic shortfalls and crashing levels of popular support.

For it’s part, Israeli press suggests that the Bennett government reduced the number of upcoming settlement advancements in order to appease the Biden Administration. The Israelis wanted to advance 3,623 plans, but announced a total of 2,259 (a 39% cut according to Jerusalem Post). Axios also reports that the Israeli government is assertively framing its settlement policy as one of restraint, prioritizing settlement projects that address the supposed “natural growth” needs of existing settlements.

“Natural growth” has been used many times in the past by the Israeli government as an argument for why settlements must be allowed to expand. FMEP’s Lara Friedman has debunked this argument many times in the past, explaining:

“While ‘natural growth’ has no formal definition, it has generally been used in the settler context to mean population growth due to births, as contrasted to growth due to immigration from Israel or other places. But in numerical terms (according to Israeli official statistics), taking into account deaths and people migrating out of settlements, births inside the settlements account for approximately 60% of the annual population growth in settlements, while around 40% is immigration from inside Israel or abroad. So clearly population growth in settlements is not simply a matter of births. Perhaps this is why some excuse-makers have expanded ‘natural growth’ to include other ways that families can grow, from non-settler spouses to aged non-settler relatives moving in.

“Regardless of what definition people want to use, the fact is that ‘natural growth’ is not a legitimate argument against a complete freeze in settlement construction. Yes, settlers, like people everywhere, indeed have the right to have babies, and yes, their children indeed have the right to grow up and have families and homes of their own. But nowhere in the world – not in New York, or Paris, or Tel Aviv – do people have an inalienable right to live exactly where they want – in the size home they want, in the neighborhood they want – irrespective of real estate market factors, or any political, economic, zoning, or other considerations that may come into play (including in this case, considerations about actual land ownership). Inside Israel, just like in other countries, people regularly face difficult decisions about where to live, given that major cities like Tel Aviv and Jerusalem are crowded and little affordable housing is available.

“Settlers have the right to have babies and to take in their parents or grandparents. When settler children grow up they have the right to start families and have homes of their own. But the settlers must do what people everywhere must do: reconcile their needs as best as possible to the housing market, which is affected not only by demand but by a myriad of other variables – including, in this case, the fact that settlers have knowingly and voluntarily chosen to make their lives on land that is the subject of a political dispute of global proportions.”

Axios quotes an Israeli government official saying:

“The Biden administration knows we are going to build. We know they don’t like it, and both sides don’t want to reach a confrontation around this issue.”

An Israeli government source summarized the dance going on between the respective governments by saying:

“[The U.S.] will express opposition to this move, but everyone wants this impossible coalition in Israel to hold out… It was clear for Bennett he would not have been able to advance this move after his meeting with [U.S. President Joe] Biden at the end of the month, so as not to damage their relations, and that’s why he had to announce it as early as he did.

Jerusalem District Court Orders 16 Homes to Be Demolished While Delaying – for 6 months – Demolition of Others in Silwan

On August 12th, a Jerusalem Court granted a six-month freeze on demolition orders affecting dozens of Palestinian homes in the al-Bustan section in the Silwan neighborhood of East Jerusalem. At the same time, the Court cleared the way for the immediate demolition of 16 Palestinian homes in the same area.

A lawyer representing the Palestinians involved in these demolition cases said his clients intend to file for permits for the structures, which were built on land that Palestinians assert they own. Israel argues that the land is public land.

Israel Begins Work on Settler-Back Project at the Ibrahimi Mosque/Tomb of the Patriarchs

This week, an Israeli crew began construction on a new elevator leading to the Ibrahimi Mosque/Tomb of the Patriarchs in Hebron, arguably one of the most sensitive religious sites outside of Jerusalem. The project to install accessible infrastructure at the site has been backed and pushed by settlers for over two decades and provides a means by which the State of Israel has increased its control over the site. The project is roundly opposed by Palestinians along with archaeologists and other experts. The Israeli archeology group Emek Shaveh explains its opposition:

“We claim that while the plan is couched in terms of concern for the disabled and elderly worshippers, in actual fact it is unilaterally advancing changes to a site mired in deep political controversy…The size and characteristics of the structure demonstrate that at issue is not simply a lift for persons with disabilities, but a significant change to the compound. The lift will constitute a change in the status quo and a strengthening of the settlers’ control of the holy site. Ignoring the fact that the site falls under the auspices of the Hebron Municipality is evidence that Israel is further reneging on its commitments to agreements signed in the past with Palestinians.”

Atarot Settlement Plan to Be Discussed on December 6th

As expected, the Jerusalem District Planning and Building Committee has set a date – December 6th – for the advancement of the Atarot settlement plan. This plan would allow for the construction of 9,000 settlement units, to be built on the site of the former Qalandiya airport (located at the northern tip of East Jerusalem).

The Atarot settlement plan dates back to 2007. It was pursued by the Israeli government in 2012 but shelved under pressure from the Obama administration. The plan came back into consideration in April 2017 (a few months following the inauguration of President Trump) when it was rumored to be included on Netanyahu’s master blueprint of settlements for which he was seeking U.S. approval. In February 2020, following the publication of the Trump Plan – which designated the area that would be used for the settlement as a “special tourist zone” for Palestinians – the Atarot settlement plan was formally introduced. In January 2021 then-Prime Minister Netanyahu dangled the advancement of the plan as an incentive for parties to join his flagging coalition in order to remain in power.

In its current form, the plan provides for up to 9,000 residential units for ultra-Orthodox Jews (assuming, conservatively, an average family size of 6, this means housing for 54,000 people), as well as synagogues, ritual baths (mikvehs), commercial properties, offices and work spaces, a hotel, and a water reservoir. If built, the Atarot settlement will effectively be a small Israeli city surrounded by Palestinian East Jerusalem neighborhoods on three sides and Ramallah to its north.

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

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

Bonus Reads

“Case Study: How a Settler Law-Breaker Became the #2 Official in Israel’s Ministry of the Interior” (FMEP // Lara Friedman w/ Dror Etkes)
“Senior Israeli Official’s Appointment Approved Despite Demolition Order for His Settlement Home” (Haaretz)
“In Sheikh Jarrah, anonymous actors and an absent state have created a powder keg” (The Times of Israel)
“The Fight for Palestine’s Sheikh Jarrah Isn’t Over” (Jacobin)
“ICC Mulls Probing Israel Over Razing Palestinian Homes in Jordan Valley” (Haaretz)
“81 Palestinian homes demolished by Israel in East Jerusalem in 2021” (Middle East Monitor)
“Jewish claim of land ownership in occupied East Jerusalem neighborhood displaces five Palestinian families” (WAFA)

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

October 16, 2020

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

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

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

Overview

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

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

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

Record-Setting Settlement Activity in 2020

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

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

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

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

Ir Amim explains:

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

Peace Now writes:

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

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

Two Outposts Advance Towards Retroactive Legalization

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

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

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

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

The Council granted final approval to:

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

Plans the Council granted final approval for public deposit include:

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

Location of Approvals

Map by Ben White (@benabyad)

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

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

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

629 units in the Eli settlement, including the retroactive legalization of 61 units – located south of Nablus and southeast of the Ariel settlement in the central West Bank. Though the Eli settlement previously received Israeli government approval, a “Master Plan” – which officially zones land for distinct purposes (residential, commercial, public) – has never been issued for Eli, meaning all construction there is illegal under Israeli law;
560 units in the Har Gilo settlement located just south of Jerusalem (covered in detail above);
286 units in the Har Bracha settlement – located just south of Nablus. If implemented, these new units will double the size of Har Bracha;
179 units in the Einav settlement – located northwest of Nablus;
148 units in the Rimonim settlement – located between Ramallah and Jericho in the Jordan Valley;
A plan to grant retroactive legalization to 133 units in the Tapuach West outpost, thereby granting approval to the outpost itself (discussed above);
A plan to grant retroactive legalization to 120 units in the Pnei Kedem outpost by recognizing the outpost as a “neighborhood” of the Metzad/Asfar settlement although the two areas of construction are non-contiguous. Pnei Kedem is located between Bethlehem and Hebron in the southern West Bank;
82 units in the Karnei Shomron settlement – located in the northern West Bank east of the Palestinian village of Qalqilya. Israel is planning to continue expanding Karnei Shomron with the stated goal of bringing 1 million settlers to live in the area surrounding the settlement.;
75 units in the Shimaa settlement, including the legalization of 14 units previously built without authorization;
52 units received retroactive legalization in the Kfar Adumim settlement;
35 units in the Efrat settlement – located south of Bethlehem. As a reminder, Efrat is located inside a settlement block that cuts deep into the West Bank. Efrat’s location and the route of the barrier wall around it, have literally severed the route of Highway 60 south of Bethlehem, cutting off Bethlehem and Jerusalem from the southern West Bank. The economic, political, and social impacts of the closure of Highway 60 at the Efrat settlement (there is literally a wall built across the highway) have been severe for the Palestinian population;
14 units (in one building) in the Maale Mikmash settlement – located east of Ramallah;
10 units in the Barkan settlement – located about half way between the Ariel settlement and the cluster of settlements slated to be united into a “super settlement” area (Oranit, Elkana, Shiva Tikva, and others).
7 units in the Peduel settlement – located in the northern West Bank and part of a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line into the very heart of the West Bank and on towards the Jordan Valley; and,

Reactions

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

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

Samaria Regional Council head Yossi Dagan said:

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

Peace Now responded to the approvals in a statement saying:

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

Palestinian Prime Minister Mohammed Shtayyeh denounced the approvals, saying:

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

Palestinian Authority spokesman Nabil Abu Rudeineh said in a statement:

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

UN High Representative Josep Borrell said in a statement:

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

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

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

Plan for 570 Units in East Jerusalem Settlement Approved for Deposit

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

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

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

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

Israel Approves Construction of Elevator at Tomb of the Patriarchs

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

Regarding the significance of the plan, Emek Shaveh said:

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

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

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

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

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

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

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

Palestinians Report Newly Established Outposts & Land Confiscations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In First, Palestinian Authority Courts to Hear Lawsuits Against Settlers

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

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

Explaining how these cases might work, Shalaldeh said:

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

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

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

Map by Haaretz

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

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

Peace Now writes:

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

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

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

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

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

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

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

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

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

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

Bonus

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

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

To subscribe to this report, please click here.

January 10, 2020

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

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

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

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

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

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

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

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

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

Netanyahu later said:

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

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

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

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

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

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

The Civil Administration granted final approval to the following plans:

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

The Civil Administration advanced the following plans:

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

Peace Now said in a statement:

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

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

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

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

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

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

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

Following ICC Announcement, Israel Begins Planning Jordan Valley Annexation

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

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

Haaretz reports:

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

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

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

May by Haaretz

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

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

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

Ir Amim explains essential context:

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

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

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

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

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

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

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

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

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

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

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

Ir Amim writes:

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

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

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

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

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

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

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

Following the ruling, Peace Now said:

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

Peace Now Wins Interim Decision Against Secretive Public Funding to Amana

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

Peace Now said in a statement:

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

Israeli Court Dismisses Palestinian Landowners’ Petition Against the Ofra Settlement

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

Map by Peace Now

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

U.S. Secretary of State Mike Pompeo:

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

U.S. Ambassador David Friedman:

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

Israeli Prime Minister Netanyahu said:

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

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

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

Likud MK and former Mayor of Jerusalem Nir Barkat said:

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

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

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

Bonus Reads

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

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

To subscribe to this report, please click here.

January 4, 2019

Israel Advances Plans for 2,191 New Settlement Units – Including Establishing 2 New Settlements & Laying Groundwork for 2 New Settlement Industrial Zones
Based on New Legal Tools to Take Palestinian Land, Israel Announces Intention to Build A New Settlement (“Givat Eitam/E-2”) Near Bethlehem
Following High Profile Political Support, Settlers Violently Resist Evacuation from Amona Outpost Site
Knesset Speaker & Leaders Call for Annexation of Hebron
Regavim Petitions Jerusalem District Court to Stop the EU-Backed “Arab Takeover” of Area C
Knesset Lawyer Criticizes Bill to Give Palestinian Land to the World Zionist Organization
Sheldon Adelson’s Medical School in Ariel Settlement May Not Open
Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

Israel Advances Plans for 2,191 New Settlement Units – Including Establishing 2 New Settlements & Laying Groundwork for 2 New Settlement Industrial Zones

Map on Twitter by @JacobMagid

During its final meetings of 2018 (held on December 26th and 27th), the Israeli Civil Administration High Planning Council advanced plans for a total of 2,191 new settlement units. Peace Now reports that 87% of the settlement plans advanced are located deep inside of the West Bank, far beyond any of the negotiated parameters for a border between Israel and a future Palestinian state.

The flood of settlement approvals includes plans that will effectively create two new settlements (by legalizing the unauthorized outposts of Ibei Hanachal and Gva’ot, detailed below) and establish two new settlement industrial zones (one near the Beitar Illit settlement and one near the Avnei Hefetz settlement). Another plan, for an educational campus and a gas station, will serve to connect the unauthorized outpost of Mitzpeh Danny to a nearby settlement (Ma’aleh Mikhmash) – paving the way towards the eventual legalization of that outpost, creating yet another new settlement.

Of that total, plans for 1,159 units were given final approval for construction – meaning building permits can be issued immediately. These include

220 new units in the Givat Ze’ev settlement;
180 new units in the Neveh Daniel settlement;
135 new units in the Tene settlement;
120 new units in the Karmei Tzur settlement;
129 new units in the Avnei Hefetz settlement (where plans to build a new, noncontiguous industrial zone nearby were also advanced – see below);
61 new units in the Tzofim settlement;
42 new units in the Alfei Menashe settlement;
55 new units in the Tomer settlement;
18 new units in the Adora settlement;
16 new units in the Metzad settlement;
1 new units in the Shilo settlement; and,
62 new units in the Ma’aleh Mikhmash settlement;
Map by Peace Now

A plan to build an educational campus and a gas station between the Malakeh Mikhmash settlement and the unauthorized outpost of Mitzpeh Danny. Peace Now writes, “Although this is not a residential program, these buildings also qualify as the establishment of a new settlement complex in the West Bank. The plan covers 140 dunams and will create a permanent presence of hundreds of Israeli students and teachers…During the discussion it was noted that the Mateh Binyamin Regional Council is preparing a plan to regulate the outpost.”
A plan to build a cemetary on an area of “state land” south of the Palestinian city of Qalqilya. The area used to be a closed firing zone, but that military designation was rescinded years back, and the site has since been the subject of settlement planning. Peace Now writes, “The planned cemetery is likely to be the first component on the road to the establishment of an industrial zone, which is also a type of settlement.”

Settlement plans that were advanced through earlier stages of the planning process include:

Map by WINEP

A plan for 98 units in the unauthorized Ibei Hanachal outpost, which will turn the outpost as a “neighborhood” of the Maale Amos settlement. In reality, the outpost is not contiguous with the built-up area of the Maale Amos settlement, meaning that the implementation of this plan will, in effect, create a distinct new settlement.
A plan for 61 new units in the unauthorized Gva’ot outpost, an outpost originally built in 1999 by the settlers as a “neighborhood” of the Alon Shvut settlement. The settlers built a yeshiva there, but abandoned it not long after. The new settlement plan is for a public building, likely an educational institute with housing.
82 new units in th Ofra settlement. FMEP reported on this plan in the Dec 14th edition of the Settlement Report, in conjunction with the litany of punitive settlement plans advanced by Israel in response to terror attacks. The area where the new units are slated to be built is land that was allegedly purchased by the settlers from its original Palestinian owners.
Plans for two new settlement industrial zones, one near the Beitar Illit settlement and one near the Avnei Hefetz settlement. The latter industrial zone, called Bustani Hefetz, will cover a large area of land (some 730 dunams) and will not be not contiguous with any other settlement. Peace Now writes, “an industrial zone of this scope, which is cut off from any other settlement, in all actuality constitutes a new settlement.”
121 new units in the Yitzhar settlement, where the IDF has been trying to rein in the violence perpetrated by the “Hilltop Youth” settlers, who are based in Yitzhar.
152 new units in the Shavei Shomron settlement.
212 new units in the Har Bracha settlement.
94 new units in the Beit Haggai settlement.
A plan to legalize 75 existing settlement units in the Shvut Rachel settlement, which Israel considers a “neighborhood” of the Shiloh settlement.
100 new units in the Halamish settlement.

Peace Now released a statement saying:

“In 2018, the government advanced thousands of housing units, including most which can be found in isolated settlements deep inside the West Bank that Israel will eventually have to evacuate. Those who build these places have no intention of achieving peace and a two-state solution. The latest announcement, which as an aside was cynically passed on Christmas while most Western governments are on holiday, shows that Netanyahu is willing to sacrifice Israeli interests in favor of an election gift to the settlers in an attempt to attract a few more votes from his right-wing flank.”

Top Palestinian negotiator, Saeb Erekat, released a statement saying:

“While the world is celebrating Christmas with its spirit of peace and joy, the Grinch ‘occupation’ decided to steal the Christmas spirit from the people of Palestine. As part of his early election campaign, the Israeli Prime Minister Benjamin Netanyahu has as well stolen more Palestinian land and resources for the benefit of Israel’s illegal colonial settlement expansion. Such illegal actions are a deliberate campaign to destroy the two-state solution and to prevent the establishment of an independent and sovereign State of Palestine with East Jerusalem as its capital.”

Tamar Zandberg, head of the Meretz Party, slammed the new announcements, and previous decisions taken by the government to retroactively legalize 60 outposts. Zandberg said:

“The Israeli government has become a settlement government. (MKs Bezalel) Smotrich, Moti Yogev, (Justice Minister) Shaked and (Education Minister) Bennett are its landlords. They exploit the (Palestinian) attacks to build more settlements. But the truth needs to be said. To achieve security we need to evacuate settlements, not build more and more…”The 60 new settlements are the real threat to Israel’s security and to IDF soldiers. The pogroms they are waging in Palestinian villages. The stone-throwing, the shooting and the uprooting of the trees. This is the danger to our moral image and our security! They eight seats of Habayit Hayehudi party dictate eight million lives.”

Based on New Legal Tools to Take Palestinian Land, Israel Announces Intention to Build A New Settlement (“Givat Eitam/E-2”) Near Bethlehem

On December 26th, the Israeli Civil Administration announced that it will draft plans to build as many as 2,500 new settlement units at the Givat Eitam outpost site, creating a new settlement on a strategic hilltop that will cut off Bethlehem from the southern West Bank, completing the near encirclement of Bethlehem by Israeli settlements.

Map by Peace Now

For years, settlers have lobbied for construction at the site, but those efforts have been stymied by the lack of a legal access road to the outpost, which is surrounded by land that even Israel recognizes is privately owned by Palestinians. Until recently, Israel has balked at seizing private land from Palestinians for the exclusive benefit of the settlements. But now, several new legal opinions have allowed Israel to violate the private property rights of Palestinians for the sole purpose of legalizing settlements and settlement infrastructure. Those legal opinions include the “market regulation” principle, the opinion(s) regarding the Haresha outpost case, and the Regulation Law. It is unclear which legal argument will be applied to the Givat Eitam/E-2 case.

The Givat Eitam outpost has been nicknamed “E-2” by settlement watchers for for its resemblance, in terms of dire geopolitical implications, to the infamous E-1 settlement plan. Located east of the separation barrier on a strategic hilltop overlooking the Palestinian city of Bethlehem to its north, Givat Eitam/E-2 is located within the municipal borders of the Efrat settlement but is not contiguous with Efrat’s built-up area, making Givat Eitam/E-2 effectively a new settlement that, according to Peace Now, will:

“block Bethlehem from the south, and prevent any development in the only direction that has not yet been blocked by settlements (the city is already blocked from the North by the East Jerusalem settlements of Gilo and Har Homa, and from the West by the Gush Etzion Settlements) or bypass roads (that were paved principally for Israeli settlers). The planned building in area E2 would likely finalize the cutting off of Bethlehem city from the southern West Bank, delivering a crushing blow to the Two States solution.”

In September 2018 FMEP reported that the local council of the Efrat settlement encouraged the start of (unauthorized) construction of an outpost at the Givat Eitam/E-2 site (presuming that any such illegal construction would be retroactively legalized by the government) in response to a Palestinian terror attack in the Efrat settlement. Since then, the Civil Administration has allowed the settlers to build and maintain an agricultural farm there.

FMEP tracks all developments related to Israeli legislative, cabinet, and judicial action that promotes the retroactive legalization of outposts built on privately owned Palestinian land as part of its documentation of creeping annexation – available here.

Following High Profile Political Support, Settlers Violently Resist Evacuation from Amona Outpost Site

On January 3rd, 23 Israeli police officers were injured by Israeli settlers and their supporters who violently resisted the court-ordered evacuation from illegal encampments erected on privately owned Palestinian land as part of an effort to re-establish the Amona outpost. Approximately 300 settlers showed up at the Amona site (which is currently a closed military zone) overnight to resist the removal of settlers and two caravans from the hilltop, which was ordered by the Jerusalem District Court. The settlers and their supporters burned approximately 300 tires at the entrance to the outpost, poured oil on the access roads, and threw rocks and boulders at the Israeli police. Seven suspects were arrested and quickly released.

The evacuation of the outpost was reportedly carried out in defiance of a direct order from Prime Minister Netanyahu. According to the Haaretz report, Netanyahu gave orders to the Israeli military secretary, Col. Avi Bluth, to stop the evacuation. Col. Bluth did not relay the message in time, and the evacuation was carried out. Now, Netanyahu has ordered a disciplinary hearing to investigate the actions of Col. Bluth, which is scheduled for January 4th.

The violent evacuation of settlers from the Amona hilltop follows a week of high profile support for their efforts. Israeli Cultural Minister Miri Regev attended a ceremony near the recently re-established (yet unauthorized) Amona outpost to express her support for authorizing construction on the hilltop – which, according to the Israeli High Court of Justice, is privately owned Palestinian land. Regev could not go to the actual Amona site, because the area is a closed military zone where no one (settlers, politicians, and even the Palestinians who own the land) is permitted to enter. Regev and the settlers claim that the hilltop land has been legally purchased by the settlers, but that claim has not been investigated, much less verified. Casting doubt on the settlers’ claims, Haaretz notes:

“The lot in question is jointly owned by several different Palestinians, which means every single one of them would have to consent to the purchase for it to be legal. It’s not clear which, if any, of these Palestinians signed the sale document. In the end, the land was designated military land, is zoned for agriculture and has no building permits.The Binyamin Regional Council didn’t await the administration’s decision before moving two prefab homes into Amona and providing basic infrastructure such as water tankers.”

Israeli Attorney General Avichai Mandleblit slammed the settlers for trespassing and illegally moving caravans onto the site. Mandelblit criticized MK Bezalel Smotrich and the heads of regional settlement councils who went to the site to express support, saying:

“Breaking the law with the support of public figures, like placing caravans on privately-owned lands, can’t be a source of pride.”

A Haaretz report recently revealed Bezalel Smotrich was a founding member of a non-governmental group called Ofek Lehityashvut, which directly financed the illegal reestablishment of the Amona outpost last month by purchasing the two caravans that settlers moved onto the hilltop. The Haaretz report goes on to reveal that the Benyamin Regional Council has purposefully tailored various calls for proposals so that Ofek Kehityashvut would be the only group qualified to receive financing for that project. As a result of that manipulation, Ofek Kehityashvut has received substantial amounts of funding from the Benyamin REgional Council, which is an Israeli-taxpayer funded entity.

Knesset Speaker & Leaders Call for Annexation of Hebron

The speaker of the Israeli Knesset, Yuli Edelstein (Likud), called for Israel to apply its sovereignty over the city of Hebron – which would constitute an act of de facto annexation. Edelstein released a statement announcing his intention to go on a tour of Hebron – where some 500-800 settlers live under Israeli military protection amongst 200,000+ Palestinians – with the far-right, pro-annexationist group Im Tirzu. In the statement he wrote:

“In my view, it’s delusional that some Knesset members dare to undermine the Jewish people’s right to dwell in the city of our forefathers,” Edelstein said in a press statement issued prior to the conference. “We’re developing Hebron, investing in it and inculcating its importance in future generations. We are saying clearly – sovereignty in Hebron first.”

Speaker Edelstein also participated in a conference highlighting Israel’s historic connection to the city of Hebron. Organized by the Knesset Land of Israel Lobby, the event culminated in the signing of a document that reads:

“We, the undersigned, hereby express deep solidarity with the roots of the Jewish people in Hebron and the support of the Jewish community in Hebron that has clung to the city despite all the difficulties. We declare an unambiguous commitment to the continued existence, security and prosperity of Hebron as the city of both our forefathers and children.”

The event was co-organized by MK Bezalel Smotrich (Jewish Home) who said:

“Hebron is a litmus test. What is happening in Hebron shows our Jewish pulse….[those who call for settlers to leave Hebron] understand very well that if Hebron grows and develops, the entire settlement enterprise will grow and develop, so they invest in harming Hebron. But they will continue to shout and complain while we will continue to build, reach the people and connect with our roots.”

Regavim Petitions Jerusalem District Court to Stop the EU-Backed “Arab Takeover” of Area C

Following the Knesset’s passage of a bill in July 2018 that brought many West Bank legal matters under Israel’s domestic jurisdiction (an act of de facto annexation), the Jerusalem District Court is set to hear its first case concerning land disputes in the occupied territory. The bill was sponsored by Israeli Justice Minister Ayelet Shaked, whose three-fold rationale for the bill explicitly states that its purpose is to help settlers take more Palestinian land and shut-down Palestinian challenges to such thefts — by bringing matters to the Jerusalem Court instead of the High Court of Justice, which Shaked believes is too concerned with Palestinian rights and international law. The bill is part of the legislative body’s broader effort to erase all remaining distinctions (legal, judicial, economic, and otherwise) between sovereign Israel and the occupied territories, distinctions which allowed Israel to preserve the guise of respect for rule of law, and good intentions, for the last 50 years.

Looking to cash in the bill’s explicit purpose, the radical settler group Regavim initiated the petition asking the court to intervene to stop the “illegal Arab takeover” of land in the West Bank. Regavim’s petition claims that Palestinians are cultivating “state land” near the Mezad settlement. The petition also blames the European Union for its financial backing for the agricultural projects on the land. (Note: Regavim, like most settler media outlets, uses the word “Arab” to describe Palestinians, a vocabulary choice meant to erase any recognition of Palestinian identity).

A coordinator for Regavim told the Arutz Sheva outlet:

“The intervention of the European Union in what is happening in Area C is a brazen and aggressive intervention. We see extensive involvement on their part in lawbreaking and invading state land throughout Judea and Samaria. Their symbols are everywhere, and the State of Israel must respond to this blatant intervention on the diplomatic level as well.”

Shlomo Ne’eman, head of the Gush Etzion Regional Council said:

“The direct involvement of the European Union in financing Arab squatters in the territories and state lands has already become a plague on the state. We congratulate Justice Minister Ayelet Shaked on the obvious step that has led to great logic and justice in reducing the burden on the Supreme Court and in uniform enforcement against the land grabs by hostile elements…the Arabs understand that the real battle is on the ground. Foreign countries with their money are trying to shape a false consciousness and finally change the map of the state, but nothing can change history and our natural belonging on our national land.”

FMEP tracks the application of domestic Israeli law over the occupied West Bank (the de facto annexation of the West Bank) on its Annexation Policy Tables, which are regularly updated.

Knesset Lawyer Criticizes Bill to Give Palestinian Land to the World Zionist Organization

The legal advisors to the Knesset Constitution, Law and Justice Committee criticized a bill that would transfer vast tracts of land in Area C of the West Bank to the Settlement Division of the World Zionist Organization (WZO), a quasi-private state-funded entity that works to establish and expand settlements in the West Bank. Despite pressure to pass the bill, the legal advisors called on the committee to reexamine the text over concerns that it would also give the WZO authority over Palestinian communities in Area C. The experts wrote in a legal opinion for the committee:

“The proposed definitions of ‘rural settlement’ and ‘land’ do not include references to the character and nature of the settlement, and it seems that land that is government or abandoned property intended for Palestinian rural settlement will also be included in the boundaries of the proposed arrangement, and will be transferred to the management of the Settlement Division. Is the intention of the bill that the Settlement Division will also manage the Palestinian rural settlement in the area?”

As FMEP has previously reported, the bill was proposed by MK Bezalel Smotrich (Habayit Hayehudi) to accelerate the transfer of almost all of the land in Area C to the control of the World Zionist Organization. The land transfer is, in fact, taking place at the bureaucratic level, but Smotrich and the Israeli Cabinet (which endorsed the bill) are increasingly frustrated by the slow pace of the transfer (and perhaps also the limited scope of land slated to be handed over). Israeli Attorney General Avichai Mandelblit expressed his opposition to the bill, saying it is unnecessary given that ministry staffs are already working to transfer more land to the WZO through an administrative process.

In June 2018, when the Knesset gave preliminary approval to the bill, Peace Now responded:

“the government is scandalously planning to give the biggest land thieves responsibility for managing the land distribution, which will continue to be done under the cover of darkness if the bill passes into law.”

For more information on this bill, read a comprehensive background briefing by Peace Now.

Sheldon Adelson’s Medical School in Ariel Settlement May Not Open

The state-of-the-art medical school planned to be built in the Ariel settlement is now in danger of not opening, after a letter from the Israeli Justice Ministry warned that the school’s approval is in jeopardy. The Justice Ministry discovered an undisclosed conflict of interest that voids an important vote in favor of approving the school by the planning and budgeting subcommittee of the Higher Education Council. A member of the subcommittee, Dr. Rivka Wadmany-Shauman, allegedly met with the heads of Ariel University ahead of the vote, and made her approval of the new medical school conditional on being promoted to the rank of professor. Israel Hayom reports the Ariel University has already shelved plans to inaugurate the new school for its first semester in the Fall of 2019.

As FMEP has previously reported, Ariel University became an accredited Israeli university in 2012, following significant controversy and opposition, including from Israeli academics. It has since been the focus of additional controversy, linked to what is a clear Israeli government-backed agenda of exploiting academia to normalize and annex settlements. In 2018, the settlement broke ground on the new medical school, with significant financial backing from U.S. casino magnate and settlement financier, Sheldon Adelson. In February 2018, in an act of deliberate de facto annexation, the Israeli Knesset passed a law that extends the jurisdiction of the Israeli Council on Higher Education over universities in the settlements (beyond Israel’s self-declared borders), ensuring that the Ariel settlement medical school (and its graduates) are entitled to all the same rights, privileges, and certifications as schools and students in sovereign Israel.

As a reminder, Ariel is located in the heart of the northern West Bank, reaching literally to the midpoint between the Green Line and the Jordan border. The future of Ariel has long been one of the greatest challenges to any possible peace agreement, since any plan to attach Ariel to Israel will cut the northern West Bank into pieces.

Bonus Reads

“Israeli settlements threaten to engulf West Bank communities” (Al-Monitor)
“Israeli settlement activity appears to surge in Trump era” (AP)
“It Pays Off to be an Israel Settler, Whether Trespasser or Landowner” (Haaretz+)
“In the West Bank, the Israeli army works for the settlers” (Haaretz)
“Netanyahu’s pro-settler allies force annexation into campaign agenda” (Al-Monitor)