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

To subscribe to this report, please click here.

February 24, 2023

1. With New Powers Given to Smotrich, Israel Annexes the West Bank (Even Without a Formal Declaration) 
2. Final Hearing on E-1 Settlement Set for March 27th
3. Israel Advances More than 7k Settlement Units & Establishes 4 More New Settlements
4. U.S.-Brokered Compromise at the UN: Bibi Makes  – and then breaks – Promises to Biden Admin on Settlements, Outposts, Raids, and Demolitions
5. Multiple East Jerusalem Evictions Expected in March
6. New Report: Displacement via Bureaucracy in East Jerusalem
7. Bonus Reads

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With New Powers Given to Smotrich, Israel Annexes the West Bank (Even Without a Formal Declaration) 

On February 23rd, Netanyahu reached a deal to change the way Israel exercises authority over the West Bank. This new arrangement represents the extension of Israeli civilian/domestic authority over the entire West Bank. As such, it represents Israeli annexation of the West Bank, even without formal declaration of annexation.

Specifically: from 1967 until this week, the Minister of Defense was the de facto sovereign in the West Bank, with total authority over matters related to both Palestinians and settlers. With the deal reached this week, authority in the West Bank will now be split between Defense Minister Yoav Gallant and Finance Minister Bezalel Smotrich (acting in his capacity as a “Minister in the Defense Ministry”). 

While the agreement takes pains to leave a tiny amount of power over West Bank civilian affairs with the Defense Minister in order to maintain a thin veneer of compliance with international law (the only authority left to Gallant with respect to “civilian” affairs will be to demolish illegal settler activity “in case of security and irregular events,” and even then, Smotrich must be given advance notice of any such demolition), in effect Smotrich will become the new reigning sovereign over the West Bank. According to the deal, he will exercise his authority via the establishment of a new “Settlement Administration” within the Defense Ministry, that he will lead (and appoint his own deputy to assist in leading). This “Settlements Administration” will enjoy virtually total autonomy and unchecked power, with almost no accountability to anyone in the Israeli Ministry of Defense (Gallant in principle can overrule Smotrich’s decisions but must put his reasoning in writing after first meeting with Smotrich to hear his case, and even then, Gallant cannot issue any order to overrule Smotrich).  Importantly, the agreement allows Smotrich to systematically apply Israeli law over the settlements.  

Itay Epstein, a lawyer of humanitarian law and senior advisor to the Norwegian Refugee Council, explains the totality and impact of Smotich’s powers:

“Spatial planning in the West Bank will come under the authority of the Minister [Smotrich], including authority over the High Planning Council, responsible for establishing and expanding settlements as well as considering Palestinian spatial plans and permit applications in Area C…All matters related to the regularization of “informal” settlement outposts and satellite neighborhoods will come under the sole authority of the Minister, who can endorse 147 such outposts most disruptive to a contiguous future Palestinian State…The [Civil Administration] Enforcement Unit, responsible for the destruction of Palestinian-owned structures built in Area C, as well as the seizure and destruction of donor-funded humanitarian relief, will come under the sole authority of the Minister…The Minister will have the authority to declare new ‘natural reserves’, a primary tool in the appropriation of Palestinian land (in areas A through C) and exclusion of Palestinians from land use across the entire West Bank…All matters related to housing, land, and property rights, including land ownership settlement, surveying, and registration, will come under the sole authority of the Minister. This is the primary tool for expropriating land, and abrogating Palestinian ownership claims…The planning and implementation of infrastructure across the West Bank (areas A through C) will come under the exclusive authority of the Minster, including surface roads, water and sanitation, energy and renewable energy, telecommunications, and waste management.”

Renowned Israeli lawyer Michael Sfard tweets:

“this is a dramatic change in the structure of governance over the occupied territory. Very broad administrative authorities pertaining to the majority of the governing powers in the West Bank are being transferred into hands that are not of the military commander of the occupied territory. From now on, those powers will be held by the minister in the Ministry of Defense, who will de facto serve as the governor of the West Bank…

International laws of belligerent occupation state that an occupied territory will be temporarily administered by the occupying force (that is, the army) which, along with security considerations, will be obligated to promote the interests of the occupied people. Transferring powers to Israeli civilian hands is an act of de jure annexation because it entails removing power from the occupying military and placing it directly in the hands of the government – this is an expression of sovereignty. The bottom line is that the agreement signed today is simultaneously a giant leap of legal annexation of the West Bank and an act of perpetuating the regime’s apartheid nature.”

Further, the agreement attempts to clarify and carefully craft the new, divided chain of command, which – in the end – creates incredible confusion. This confusion is a feature, not a bug, enabling Gallant and Smotrich to publicly, and disingenuously, to claim that the West Bank remains under the administration of the Israeli army as a separate regime from that of the Israeli state, and to assert that “nothing in this document changes the legal status of the West Bank, the laws applied within, or the government’s authority over it.” 

On this argument, Sfard comments:

“The agreement includes two clauses aimed at obfuscating the transfer of powers by presenting the governor’s alleged subordination to the Minister of Defense, but according to the document, the cases in which the Minister of Defense can override the governor are extreme cases and even when this is done, the military commander of the West Bank will be bypassed, as he no longer holds authority.

The agreement also states that the governor will work to deepen the powers of the Israeli governmental authorities in the areas of Israeli settlements a process which will promote the unification of government powers and geographically expand their direct legal authority in the West Bank. Or, in other words: stretching Israeli sovereignty beyond the Green Line. The agreement also states that the governor will lead a process of expanding the dual legal system so that Israeli legislation by the Knesset will be applied more fully than it is today to the Israelis in the West Bank.”

In addition, in trying to manage the egos of Smotrich and Gallant – and prepare for inevitable disagreements – the agreement makes Prime Minister Netanyahu the ultimate arbiter of disputes between the two, in effect doubling down on the de facto annexation by giving the Prime Minister authority over decisions military decisions related to West Bank civilian governance. 

Final Hearing on E-1 Settlement Set for March 27th 

On March 27th, a subcommittee of the Higher Planning Council will convene to discuss objections to the E-1 settlement plan — a final step in the approval of the plan. Final consideration of the E-1 plan has been delayed several times, most recently in September 2022, due to international opposition to the plan. The E-1 settlement is slated to be built in the West Bank on land abutting the border of Jerusalem to the northeast, and is considered by the international community to be a “doomsday” settlement, in what its construction would mean for the two-state solution. 

This upcoming meeting promises to be a decisive one for the long-pending E-1 plan, and could very well  result in the Committee – which is now under the authority of longtime settler advocate Bezalel Smotrich – granting final approval to the highly contentious plan. Barring intensive outside pressure, additional postponement of the hearing seems highly improbable, given the Israeli domestic politics and the upcoming national election. 

As a reminder: in its current form, the E-1 plan provides for the construction of 3,412 new settlement units on a site located northeast of Jerusalem. The site is home to several Palestinian bedouin communities, comprising 3,000 people, including Khan al-Ahmar, which Israel has already undertaken to forcibly displace (many attempts). Long called a “doomsday” settlement by supporters of a two-state solution, construction of the E-1 settlement would sever East Jerusalem from its West Bank hinterland, preventing East Jerusalem from ever functioning as a viable Palestinian capital. 

E-1 would also cut the West Bank effectively in half, isolating the northern West Bank from the southern West Bank and foreclosing the possibility of the establishment of a Palestinian state with territorial contiguity. Israel’s “answer” to this concern has long been to argue that Palestinians don’t need territorial contiguity, and that new roads can instead provide “transportational continuity.” To this end, Israel has already built the so-called “Sovereignty Road” – a sealed road that enables Palestinians to pass through, but not to enter, the E-1 area. That road is wholly under Israel’s control (meaning Israel can cut off Palestinian passage through it at any time). In January 2021, then-Prime Minister  Netanyahu promised to increase funding for the “Sovereignty Road” as part of the drive to get E-1 built. Further, Netanayhu also recently pitched a room of French investors on a vision to build high speed tunnels throughout the West Bank to accomplish this task.

And another reminder: there have been attempts to promote the E-1 plan since the early 1990s, but due to wall-to-wall international opposition, the plan was not advanced until 2012, when Netaynuahu ordered it to be approved for deposit for public review (a key step in the approval process), ostensibly as payback for the Palestinians seeking recognition at the United Nations. Following an outcry from the international community, the plan again went into a sort of dormancy, only to be put back on the agenda by Netanyahu in February 2020, when he was facing his third round of elections in the two years.  Also, as a reminder: under the Trump Plan (which the Biden Administration has yet to comment on), the area where E-1 is located is slated to become part of Israel.

Israel Advances More than 7k Settlement Units & Establishes 4 More New Settlements

Over the course of two days (Feb 22-23, 2023), the Israeli High Planning Council advanced plans for 7,287 new settlement units.  With these approvals, Israel has advanced more plans in 2023 (7,287 units) than in 2022 (4,427 units) or 2021 (3,645 units).

In addition, during this same period the Council granted retroactive legalization to three outposts while advancing plans for the retroactive legalization of a fourth outpost. The Council’s decision to legalize (under Israeli law) these outposts comes in addition to the ten outposts “legalized” by the Israeli Security Cabinet last week — meaning that in less than 2 weeks the new Israeli government has (so far) approved the establishment of 14 new settlements.

Three of the four outposts legalized by the High Planning Council this week were authorized as “new neighborhoods” of existing settlements, but in reality these outposts – which are not contiguous with the built-up area of existing settlements – are new settlements. The outposts granted authorization by the Higher Planning Council are:

1. Mevo’ot Yericho (181 units granted final approval) – which was authorized by the Security Cabinet over a year ago, but is only now receiving final approval for its master plan from the Higher Planning Council. This outpost is located near Jericho in the Jordan Valley. Peace Now reports that the outpost currently has 60 units built, so the approval of this plan triples the size of the settlement.
2. Pnei Kedem (120 units granted final approval), authorized as a new neighborhood of Metzad settlement, located northeast of Hebron. This plan will triple the size of the existing outpost.
3. Nofei Nehemia (212 units granted final approval, most of which were already built illegally), authorized as a neighborhood of the Rehelim settlement (which itself was once an outpost granted retroactive legalization), located south of Nablus. Importantly, the Nofei Nehemia outpost is separated from the Rehelim settlement by Route 60 – the major north-south highway in the West Bank.
4. Netiv Ha’avot (433 units, approved for public deposit), authorized as a neighborhood of the Elazar settlement. Should this plan receive final approval, the government will have handed settlers not one but two new settlements as compensation for the demolition of 14 units in the Netiv Ha’avot outpost that were built partially on privately owned Palestinian land.. 

At the last minute, the committee decided to delay its consideration of a plan that would have “legalized” the Zayit Ra’anan outpost. That plan outlines 189 units to be authorized as a “neighborhood” of the Talmon settlement, located north of Ramallah. Peace Now reports this plan was put on the agenda “almost out of nowhere” and that there are only a few caravans at this outpost currently.

In addition to authorizing four new settlements, the Higher Planning Council also:

• Granted final approval for the construction of 1,900 units 
• Approved plans for 5,257 units for public deposit.

Peace Now notes that these plans include the retroactive authorization of approximately 1,000 units which settlers have illegally built in settlements. For Peace Now’s data table tracking these approvals, please see here.

As a reminder, the High Planning Council is a body with the Defense Ministry’s Civil Administration, which is now under the control of Finance Minister Bezalel Smotrich, in his capacity “Minister in the Defense Ministry” who in that role now enjoys virtually total control over civilian/settlement matters in the West Bank  (see the first section of this report for details).

 Peace Now said in a statement: 

“The Israeli government is carrying out in full swing an act of annexation of the occupied territories. Just as the judicial coup that the government is advancing is an existential threat to Israeli democracy, so too is this annexation. Advancing the construction of thousands of housing units in the settlements and authorizing 15 outposts within a week are acts of de facto annexation. Building settlements in the occupied territories is a war crime, and annexation without granting citizenship to Palestinians is considered a crime of apartheid. These actions are directed first and foremost against the Palestinians and are with the intention to prevent the establishment of a future Palestinian state by means of taking control of Area C.”

U.S.-Brokered Compromise at the UN: Bibi Makes  – and then breaks – Promises to Biden Admin on Settlements, Outposts, Raids, and Demolitions

This week, the United States succeeded in convincing the Palestinian leadership to forgo its push for a Security Council vote on a resolution condemning Israel’s settlement activity, and instead settle for an exceedingly weak statement on the matter signed by the UN Security Council, including the United States. 

In exchange for this significant downgrade of international action, Israel reportedly promised that it would not authorize any additional settlement plans or outpost legalizations for some time, with some outlets suggesting Israel committed to a six-month reprieve. This pause, of course, did not stop Israel from advancing 7,000+ plans this week, including the creation of 15 new settlements.

Israel further agreed to pause its concerted efforts to demolish and evict Palestinians from their homes in East Jerusalem and Area C of the West Bank, and to reduce military incursions into Palestinian cities. This of course did not stop Israel from conducted a massive mid-day raid into the old city of Nablus this week – killing 11 Palestinians, included a teenager and three elderly. Over one hundred Palesitians were hospitalized, including an 11-year old who was shot in the leg and got shrapnel wounds to his liver, all while going to the market to get a sandwich. Lastly, press reports that Israel committed to several economic measures to help the Palestinian Authority, including increasing tax revenues.

The U.S. also promised to invite Palestinian Authority President Mahmoud Abbas to the White House, and committed to submitting a request to Israel to reopen the U.S. Consulate in Jerusalem.

On February 20th, the UN Security Council released its statement, which did not strongly condemn Israeli settlement activity – only expressed “deep concern and dismay” at Israel’s recent settlement approvals. Instead, the statement called on all sides to deescalate and condemned acts of violence by all parties.

Notably, this is the first time in eight years the Security Council has produced a formal product related to Palestine, wit the last action being the 2016 resolution on settlements (which the U.S. abstained from). Palestinian diplomat Riyad Mansour told the Washington Post that 14 out of 15 members of the Security Council supported the draft resolution, clearly intimating the United States is the sole reason the resolution was dropped in favor of a statement.

Multiple East Jerusalem Evictions Expected in March

Ir Amim reports that there are four pending eviction cases threatening to displace 150 Palestinians in early March, coinciding with the holy month of Ramadan. Those cases, summarized by Ir Amim, are:

• Gaith-Sub Laban Family, Muslim Quarter, Old City – the family of veteran Ir Amim staff member, Ahmad Sub Laban, faces eviction…on March 15 following the Supreme Court’s decision to deny their request to appeal. All legal remedies have been exhausted, and hence the family is at risk of immediate eviction. Save for state intervention, there is no further recourse to prevent their displacement.

• Shehadeh Family, Batan al-Hawa, Silwan – The District Court ruled to evict the family by March 1. A request to appeal to the Supreme Court is currently pending. 

• Salem Family, Um Haroun, Sheikh Jarrah – A decisive administrative hearing on their pending eviction is scheduled for March 9 at the Enforcement and Collections Authority. If authorized, the eviction could potentially be carried out by the end of March.

• Dajani, Daoud, Hammad Families, Kerem al Jaouni, Sheikh Jarrah – a Supreme Court hearing on their appeal is scheduled for March 29. While a similar ruling is expected to that of the one handed down last year in the cases of four other families from the neighborhood, the outcome is still not definitive.

For a deep dive into the legal cases of each family, please see Ir Amim’s comprehensive reporting.

As a reminder, Netanyahu has reportedly promised the United States that it will suspend evictions for a few months. However, Israel made several other promises the United States that it has already violated – including the legalization of more outposts and provocative, violent military actions in the West Bank.

Ir Amim writes:

“Evictions of Palestinian families and settler takeovers of their homes have increasingly been used as a strategy to cement Israeli hegemony of the Old City Basin, the most religiously and politically sensitive part of Jerusalem and a core issue of the conflict. These measures are reinforced by a constellation of settler-operated tourist sites, which together serve to alter the character of the space and forge a ring of Israeli control around the area. This creates an irreversible reality on the ground that deliberately subverts efforts towards an agreed political resolution on Jerusalem.   Moreover, such actions severely violate the individual and collective rights of Palestinians in the city and contravenes International Law, while carrying an acute humanitarian impact on the affected families. Since the eviction claims are based on inherently discriminatory laws, the legal recourse is limited. The political nature of these measures hence requires state intervention as a result of concerted engagement.”

New Report: Displacement via Bureaucracy in East Jerusalem

In a new report, Who Profits explains how Israel – following its illegal annexation of East Jerusalem in 1967 – has weaponized government bureaucracy in order to expand settlement and displace Palestinians. Who Profits zooms in on two key levers of power that Israel wields to achieve these goals: land registration and residency permits.

On land registration, Who Profits provides an explanation of the history, the mechanisms, and the consequences of land registration on Palestinian. The entire report, but especially this section, is worth reading closely because it unpacks how the land registration process works. Who Profits explains the scale of potential harm involved:

“Around 90% of land in East Jerusalem (30% of all land in the city),31 was never registered, as Israel froze all land registration proceedings until the launch of this formal land drive in 2018. Although framed as part of a larger package to uplift East Jerusalem and its Palestinian inhabitants’ socio-economic conditions and development, land registration is a key part of Israel’s larger geopolitical agenda of Judaizing and strengthening Israeli governance on the ground, through which it can entrench “sovereignty over East Jerusalem,” as succinctly articulated by the then Minister of Justice, Ayelet Shaked. According to the Civic Coalition to Defend Palestinian Rights in Jerusalem, the land registration process may lead to the confiscation of around 60% of Palestinian land and mass Palestinian dispossession, in violation of international law.”

On residency rights, Who Profits digs into Israel’s “center of life” policy, under which Palestinians may lose their Jerusalem residency if the State believes that an individuals “center of life” is outside of the city. Who Profits writes: “The process imposed by the Israeli Ministry of Interior on Palestinians in Jerusalem to prove that Jerusalem is their “center of life” is deliberately convoluted, draconian, and time-consuming, functioning as an additional means to surveil Palestinian Jerusalemites’ everyday lives and ultimately push them out of their city.” Who Profits profiles three private companies which Israel has contracted with to conduct investigations in Palestinians lives, to support the revocation of residency rights.

This new Who Profits reports dovetails perfectly with the recent legal analysis “A Theory of Annexation” which examines how the Israeli state is similarly using bureaucracy to annex the West Bank. So, whether the goal be displacement or annexation, bureaucratic enforcement is clearly a major tool and tactic to achieve it.

Bonus Reads

1. “Police arrest 5 settlers over clash with IDF soldiers, torching of Palestinian car” (The Times of Israel)
2. “The White House Is Still Whitewashing Israel’s West Bank Settlement Project” (Haaretz)
3. “Why Israel’s goal of pacifying the Palestinians is failing” (+972 Magazine)

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

To subscribe to this report, please click here.

February 17, 2023

1. Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 1: The Big Picture
2. Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 2: “Legalization” of Outposts
3. Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 3: Thousands of New Settlement Units
4. Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 4: International Responses
5. Cabinet & Knesset Advance Bill to Repeal Parts of 2005 Disengagement, Reestablish Four Settlements Including Homesh
6. Smotrich’s Plans to Take Over the West Bank
7. Settler Olive Orchard & New Outpost Are Dismantled by Government, Causing Coalition Fight
8. Settler Groups Convene Workshop on Jordan Valley Annexation
9. Bonus Reads

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Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 1: The Big Picture

On February 12th, the Israeli Cabinet announced the single largest batch of settlement approvals in the past decade (and the first settlement announcement in more than a year). In announcing this huge wave of settlement activity, the Cabinet said it was doing so in response to a recent spate of Palestinian attacks on Israelis, most recently a car ramming attack in East Jerusalem. 

As detailed below, the numbers of new settlement units and newly legalized outposts involved in this announcement are huge, but those numbers only tell a part of the entire story. With these approvals Israel is also laying the groundwork for massive infrastructure projects for the benefit of settlers and further entrenchment of Israeli security to protect these investments. 

Moreover, there is no reason to believe this massive announcement is the end of the story with respect to new settlement approvals; it should be recalled that key members of the Security Cabinet – specifically Ben Gvir and Smotrich – reportedly pressed for an even bigger batch of settlement advancements, including the legalization of 77 outposts and approval of 14,000 new settlement units. The February 12th approvals will only whet the appetite of these ministers for more – and given the ongoing escalation of violence on the ground, there is every likelihood that future attacks against Israelis will be used as pretexts for meeting their demands.

Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 2: “Legalization” of Outposts

In its Feb 12th decision, the Israeli Cabinet directed the relevant ministries to carry out the necessary steps to grant retroactive legalization to ten outposts located across the West Bank.  In order to be fully legalized under Israeli law (but not under international law, according to which it is illegal for an occupying power to establish any civilian settlement/colony in any territory it is holding under military occupation is illegal) these outposts will need to have the status of the land clarified, then have a building plan completed, and then go through a 5-step approval process. Finance Minister Bezalel Smotrich made clear he intends to radically simplify and speed up this process when/if he is able to take control over West Bank planning bodies.

This legalization will in effect create 10 new, independent settlements. It will grant legal status to all the pre-existing units in these new settlements (a combined total of 355 units) and open the door for the 10 new settlements to “legally” grow and expand, both in terms of land and housing/population.

Importantly, Haaretz reports that a source said the Cabinet chose these outposts for authorization specifically because they are all located in remote or isolated locations — meaning they cannot be “legalized” via expanding the borders of a nearby settlement and declaring the outposts to be merely neighborhoods of those “legal” settlements (a legal maneuver Israel has repeatedly used to expand settlements and retroactively legalize settlements). This means, among other things, that legalization of these 10 new settlements will likely lead to additional land seizures for related infrastructure work (work that was not legally possible until now).

With respect to the remaining outposts that remain not-yet-legalized, the Cabinet approval included a clause that makes them eligible – right away, even as they remain illegal – to receive Israeli municipal services like water and electricity. Defense Minister Galant only has to sign an electricity order that was crafted under the previous government. If implemented, connecting illegal outposts to state infrastructure amounts to the de facto legalization of these outposts, even without a formal act to declare them legal. 

The ten outposts slated to become official, “legal” new settlements are: Avigail, Asael, Shaharit, Givat Arnon, Givat Harel and Givat Haro’eh (which will be combined into one new settlement), Malachei Hashalom, Mitzpe Yehuda, Beit Hogla, and Sde Boaz. For further details on these outposts, please see Peace Now’s report.

Of note:

• Six of the outposts are located partially on land privately owned by Palestinians (Avigail, Givat Haroeh, Givat Harel, Givat Arnon, Mitzpe Yehuda, Malachei Hashalom). 
• Three of the outposts (Avigail, Givat Arnon, and Malachei Hashalom) are located within Israel-designated firing zones, where under Israeli law any civilian presence, much less illegal civilian construction, is prohibited. 
• Of particular note: the Avigail outpost is located in Firing Zone 918 in the South Hebron Hills. This is the same firing zone that is home to the Palestinian communities of Masafer Yatta — whose existence pre-dates Israel’s declaration of the area as a firing zone. Those communities are today in the process of being ethnically cleansed by Israel, based on the same law that Israel is ignoring in its legalization of the Avigail outpost.
• Two of the outposts (Avigail and Asael) have, illegally, built access roads on privately owned Palestinian land. Legalization of the outposts will undoubtedly also include the theft of the Palestinian-owned land these roads were illegally built on.
• Three of the outposts (Schacharit, Mitzpe Yehuda, and Malachei Hashalom)- are so-called “farming outposts.” That means they include very few buildings (3, 4, and 10, respectively), but a lot of land. The phenomenon of farming outposts, which have proven to be an incredibly efficient way for settlers to take over large areas of the West Bank with minimal investment in buildings and the involvement of very few people. This has been documented by the Israeli NGO Kerem Navot, which called the tactic “Israel’s most significant mechanism for dispossessing Palestinian communities.”

Minister Smotrich celebrated the announcement of the legalization of the 10 outposts and promised that there is more to come:

“That is what we as a government and as a people must do. Settlements thrive thanks to the pioneers, with much love and determination…We’ve authorized 10 outposts and we have the means to authorize more if required. My coalition partners understand this is the logical move. We’re also committed to removing all restrictions on settlement expansion in Judea and Samaria. This area must be managed in accordance with the Israeli law applicable in all parts of Israel.”

The Minister of the Negev, the Galilee and National Resilience, Yitzhak Wasserlauf, also celebrated the announcement as the start of things to come: 

“Congratulations to the Security Cabinet that accepted Minister Ben-Gvir’s request and approved the communities. The dedicated settlers deserve to receive water, electricity, and public buildings. However, we will not be satisfied with just nine settlements, they are only the beginning, on the way to training more settlements, on the way to the fulfillment of the Zionist vision.”

As a reminder, Yitzhak Wasserful (a member of Ben Gvir’s Otzma Yehudit part) was granted an expanded portfolio as the Minister of the Negev and Galilee. He will now also oversee a new “young settlement department” (“young settlement” is a euphemism used by settlers for illegal outposts) that will be engaged in preparatory work for the legalization of outposts, and will also work on plans to deliver infrastructure to the outposts. 

Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 3: Thousands of New Settlement Units

As a result of the February 12th Israeli Security Cabinet meeting, the Civil Administration’s High Planning Council – the body that currently oversees all planning/building in the occupied West Bank – will convene in the coming days to advance plans for over 7,000 new settlement units (Minister Smotrich says 10,000 units will be advanced).

Of that total, Haaretz reports that 1,943 units are expected to immediately receive final approval for construction (including some units which have already been built but will be legalized); another 5,089 units are expected to be advanced in the planning process.

While there is no comprehensive list of all of the plans involved in these approvals and advancements, Haaretz reports that the plans expected to receive final approval will include new units in the following settlements: Rahelim, Neriya, Dolev, and Elon Moreh, Mevo’ot Yericho, and Elazar. Arutz Sheva further reports that 210 units in the Mevo Horon settlement will receive final approval, 100 of which were built illegally already.

Of particular note is a plan for 443 units in the Elazar settlement. This is, effectively, the reestablishment of the Netiv Ha’avot outpost, where five years ago the Israeli government demolished 17 structures because they were partially built on privately-owned Palestinian land (as compensation for those demolitions, the Israeli government built the evacuees an entirely new outpost near the Alon Shvut settlement, and then went about expanding the borders of the settlement to include the new buildings).

The plans not yet ready for final approvals but that are expected to be advanced in the planning process include plans for new construction in the Adam-Geva Binyamin settlement (356 units), the newly established Tel Zion settlement (627 units), the Kochav Yaakov settlement (160 units), and the Mitzpe Yericho settlement (350 units).

Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 4: International Responses

Key members of the international community were quick to come out in (rhetorical) opposition to Israel’s massive settlement announcement. The U.S., U.K, France, Germany, and Italy released a joint statement “strongly opposing” the announcement saying they are “deeply troubled” by it – but none suggested they were entertaining any thoughts of imposing consequences.

The Palestinian Authority is reportedly pressing the United Nations Security Council to hold a vote in the coming days on a resolution calling on Israel to “immediately and completely” halt settlement activities. The U.S. has called the draft resolution “unhelpful” and is reported to be working against it (while also issuing public statements of dismay). Axios reports that Israeli officials believe the Palestinians are likely to secure enough support for such a resolution to pass if it is brought up for a vote, which would put the U.S. in the position of having to decide whether to vote in favor (inconceivable), abstain (improbable), or veto (likely). The U.S. is reportedly trying to convince the Palestinians to accept a statement from the Security Council in lieu of a vote.

Cabinet & Knesset Advance Bill to Repeal Parts of 2005 Disengagement, Reestablish Four Settlements Including Homesh

On February 14th, the Ministerial Committee for Legislation (a body of Ministers who decide whether to give government-backing to bills prior to their introduction to the Knesset) voted to give its approval to a bill that would repeal specific clauses of the 2005 Disengagement Law. These are the clauses that prohibit Israelis from living in the area of four settlements in the northern West Bank that were evacuated under Disengagement. If passed by the Knesset, the repeal of those clauses will allow the government to proceed with its plans to reestablish the Homesh settlement and retroactively legalize the yeshiva located there (as well as, in theory, allowing the reestablishment of the other three evacuated settlements).

Quickly following the Cabinet’s vote, the bill passed its preliminary reading in the Knesset on February 15th. It will need to pass three more readings before becoming law.

Peace Now explains the implications:

“From a human rights perspective, this will lead to a massive stealing of Palestinian land alongside increased settler violence and real danger to Palestinian lives. Homesh was primarily built on private Palestinian lands registered in the tabu (the Land Registration Office). Thus, this law will drive a final nail in the honest attempt of Palestinians to recover the massive land grab that was taken from them, and from the landowners in particular. In addition, although the Homesh settlement was evicted, a small Yeshiva located there has since been a source of violence from settlers who receive protection from the army while preventing Palestinian farmers from reaching their land. The lifting of the legal ban on the presence of Israelis in the area will provide an incentive for the arrival of more Israelis in the area. As a result, Palestinian lands will continue to be, at least de facto, expropriated.”

As a reminder, the retroactive legalization of the Homesh outpost was agreed to in coalition agreements that enabled the formation of the current Israeli government. Repealing the relevant parts of the 2005 Disengagement Law is the first step to implementing this commitment. 

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

Smotrich’s Plans to Take Over the West Bank

Haaretz obtained a draft government decision detailing plans to create a proposed “Settlement Administration” within the Defense Ministry. This plan would give Bezalel Smotrich – a minister in the Defense Ministry – authority, either directly or through his appointee, over the entire Civil Administration and, ipso facto, all civilian affairs in the West Bank. Smotrich proposes his new “ministry within a ministry” receive an initial budget of at least 80 million shekels. 

The draft proposal was circulated to Ministers this week, but still faces opposition, including from Defense Minister Gallant – at whose expense Smotrich’s power grab would come. According to Haaretz, the proposed draft includes a carve-out for Gallant to overrule Smotrich’s authority over civil matters “in exceptional circumstances subject to the defense minister’s decision to change a specific decision or action in exceptional cases, with appropriate justification and subject to hearing the position of the other minister.” 

The proposal is also opposed by IDF Chief of Staff Herzi Halevi, who reportedly told Prime Minister Netanyahu fears the plan would lead to a breakdown in the IDF chain of command.

Settler Olive Orchard & New Outpost Are Dismantled by Government, Causing Coalition Fight

A series of enforcement actions against illegal settlement activity in the West Bank has further driven a wedge between members of Netanyahu’s far-right coalition.

​​First, on February 12th Israeli forces dismantled a new outpost – dubbed “Gofna” by settlers – located in the northern West Bank. Six settler families arrived the previous night in an organized effort to quickly build several structures. Those buildings were demolished by the Israeli Border Police; settlers attempted to prevent the police from carrying out the evacuation. The Gofna outpost was previously established (and quickly dismantled) in July 2022 as part of a massive campaign led by the Nachala Movement to set up new outposts across the West Bank.

Then, on February 15th the Civil Administration uprooted over 800 olive trees that a settler illegally planted on land that the Israeli High Court has recognized as privately-owned Palestinian land, located near the Shilo settlement. The 2023 Court ruling concluded 15 years of litigation, but its enforcement has been repeatedly postponed. Dozens of settlers clashed violently with Israeli Border Police carrying out the tree removal; some of the settlers climbed the trees in hopes of stopping the bulldozers, and even some Knesset Members angrily tried to stop the officers from carrying out the law. Forty settlers/settler supporters were temporarily detained for their part in the violence; four Border Police officers were suspended after video footage captured them attacking one of the protestors.

Reports of the removal of the trees caused an immediate crisis in the government. Smotrich claimed that he had previously issued an order that vacated the court-ordered evacuation (in effect, Smotrich asserting the power to personally overrule the Israeli High Court). Any such order Smotrich may have issued was apparently overruled by Defense Minister Gallant – – with whom Smotrich is engaged in a power struggle (discussed above). Smotrich then wrote an urgent letter to Prime Minister Nentanyahu, who ordered the Civil Administration to halt the demolition hours after it began, though only a few trees remained in the ground at that point.

Smotrich later rehashed the turmoil, saying:

“To my astonishment, Defense Minister [Yoav Gallant] grossly violated the coalition agreement and reversed my decision…And, instead of implementing a settlement security policy, Gallant chose to continue the left-wing policy of former minister Benny Gantz and uproot the grove even though the claims against the grove were proven to be false in the legal proceedings…..violation of the [coalition] agreements will make it very difficult for the government and the coalition to conduct themselves properly.”

Later, on Twitter, Smotrich continued:

“Defense Minister Gallant’s denial of the unambiguous agreements and the prime minister’s foot dragging on the matter are unacceptable and they cannot continue…if Gallant has a problem, he’s welcome to hand in the keys. I’m sure there are lots of people in Likud who would be glad to take his place at the Defense Ministry.”

Minister Ben Gvir also vented his anger over law enforcement against illegal settler activities, saying:

“This isn’t what we signed up for when we agreed to join the Netanyahu government…We were promised a full-on right-wing government that can’t not evacuate Kahn al-Ahmar or avoid tearing down illegal buildings in East Jerusalem. A right-wing government doesn’t go only after Jews.”

Settler Groups Convene Workshop on Jordan Valley Annexation

Settler groups are continuing their push for Israel to annex the Jordan Valley. On February 12th, two settler advocacy groups held an event for lawmakers and security leaders in the Jordan Valley, starting with a tour of the region and a workshop to “discuss the challenges of sovereignty in the Valley and ways to deal with them.”

Yehudit Katsover and Nadia Matar, co-chairwomen of the Sovereignty Movement, and Nili Naouri, who heads the Israel Forever movement, who together hosted the event, said in a statement:

 “sovereignty in the Jordan Valley is a necessary step for both the security, strategic and internal security aspects of the future of Israel, as expressed by prime ministers over the years, leaders of both Right and Left, which illustrates the broad national consensus behind taking the step of sovereignty in this area. Sovereignty in the Valley also does not constitute a demographic threat to the Jewish character of the State of Israel.”

MK Sharen Haskel, who attended the event and who has previously introduced annexation bills in the Knesset, said:

“The message that we’re trying to send is that this is the place where we have to apply sovereignty first. This is not just a question of sovereignty, this is also a question of security and defense of our country and of our people…We are here seeing the mountains on both sides from Jordan and the areas of Judea and Samaria, and we understand that this ground is a tactic ground that is meant to guard our security need of the state of Israel.”

Bonus Reads

1. “Israel is Annexing the West Bank. Don’t be Misled by its Gaslighting” (Just Security)
2. “Go West Bank: Israel Is Using the Housing Crisis to Lure Israelis Into Becoming Settlers” (Haaretz)
3. “The Kohelet Tentacles: Inside the Web Surrounding the Right-wing Think Tank” (Haaretz)
4. “Pompeo: Israel has Biblical claim to the land so it can’t be an occupier” (MEMO)

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

December 4, 2020

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

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

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

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

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

Ir Amim explains:

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

Peace Now said:

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

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

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

Har Homa E Settlement Plan Approved for Deposit

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Planning Committee Rejects Appeal Against Overtly Political Hebron Elevator Project

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

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

Emek Shaveh further said:

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

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

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

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

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

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

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

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

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

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

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

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

Barkat said:

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

Bahrain: No Annexation. Also Bahrain: Settlements Are Israel

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

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

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

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

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

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

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

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

Bonus Reads

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

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

To subscribe to this report, please click here.

February 1, 2019

1. Jerusalem Cable Car Plan Advances Again, Despite Israel’s Refusal to Release Report Justifying its Necessity
2. Bibi Tells Settlers: Evacuating Illegal Outpost Was A “Mishap,” Will Never Happen Again
3. Bibi Cancels Mandate for International Observer Force in Hebron
4. WZO Caught Giving Mortgages for Illegally Built Settlement Homes, Again
5. Amnesty International: Online Tourism Companies Are Enabling and Profiting from Occupation
6. Israel Arrests Settler for 2018 Murder of Palestinian Woman; Settlers Respond with More Attacks on Palestinians
7. Roseanne Barr’s 2019 Israel Victory (and Settlement Propaganda) Tour
8. Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

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Jerusalem Cable Car Plan Advances Again, Despite Israel’s Refusal to Release Report Justifying its Necessity

The Israeli Interior Ministry announced its plan to deposit the Jerusalem cable car plan for public review on February 1st, which will mark the beginning of a 60-day public commenting period. At the close of the public commenting period (appx. April 1st), the National Infrastructure Committee (NIC) will consider objections submitted against the plan as part of the process of granting it final approval.

As FMEP has previously covered, the Jerusalem cable car project is an initiative of the Elad settler organization (which is building a massive tourism center – the Kedem Center – in the Silwan neighborhood, which will be a stop along the cable car’s route). The cable car project is intended to further entrench settler activities and tourism sites inside  the Silwan neighborhood of East Jerusalem while simultaneously delegitimizing, dispossessing, and erasing the Palestinian presence there.

The NIC is a body within the Finance Ministry that fast-tracks projects deemed a national priority, circumventing the scrutiny and delays that are part of the normal planning processes for non-priority plans. In order to justify the cable car line, the Israeli government has advanced the project as a public transportation “solution” to address traffic congestion in and around the Old City and to serve the needs of everyday residents of Jerusalem (the government actually changed a law in order to give the NIC jurisdiction over its planning process). The government has so far refused to release an internal economic feasibility report supposedly backing up that claim.

Israeli experts counter that the plan manifestly has nothing to do with the transportation needs of the city and its residents. Non-governmental groups like Emek Shaveh,  Who Profits, and Terrestrial Jerusalem have repeatedly discredited the government’s line, and have clearly enumerated the obvious political drivers behind the plan, the archeological heresies it validates, and the severe impacts the cable car project will have on Palestinian residents of Silwan if implemented.

Emek Shaveh released a statement this week once again explaining:

“The cable car plan is a political ploy aimed at strengthening the Elad [settler] association in Silwan and the tourist sites that present the Jewish past, like these sites, the cable car will contribute to rendering the Palestinian presence in the region invisible. The passengers and tourists arriving at the Western Wall by cable car will descend at the station of Elad’s Kedem Center and from there continue through an underground passage to the Western Wall, thus moving from one Jewish area to another without seeing and sensing the presence of Palestinian residents and the Arab spaces of Jerusalem. Although the entrepreneurs tend to present the cable car as a transportation initiative, to the best of our understanding, based on the extensive information we have gathered, the plan will not provide a transportation solution at all. It is not coordinated with the Ministry of Transportation and, by its very nature, cannot serve as part of the mass transportation system for Jerusalem, which is under the jurisdiction of the Ministry. These basic facts refute the entrepreneurs’ claims that the cable car will constitute a transportation solution. Furthermore, the actual plan that was deposited lacked any content by which it could be considered a transportation plan…We at Emek Shaveh, together with a coalition of organizations and individuals, will not be deterred from the struggle against the cable car project. As we have stated in the past, this is a destructive plan for Jerusalem. The cable car clashes with the character and uniqueness of Jerusalem as a historical and religious city for the three religions and promotes the political interests of the settlers in Jerusalem’s Arab neighborhoods.”

Following the public deposit of the plan, Jerusalem expert Daniel Seidemann, who has also written extensive critiques of the cable car project, wrote:

“this project is part of the government’s and settlers’ joint efforts to aggressively promote an agenda that seeks to marginalize and to the greatest extent possible over-write the Palestinian presence in Old City and Historic Basin, replacing it with a Biblical-Jewish Disneyland. Both the project itself and the context of its approval – celebrating the ‘reunification’ of the city in a location that is at the core of the tensions between Israel and the Palestinians – are blunt statements that Israel is determined to take ownership over Jerusalem holy sites, in total denial of the sensitive nature of the place for faiths other than the Jewish one.”

The Israeli non-governmental organization Who Profits – which produced a detailed brief on the cable car project and the French engineering company that has been contracted to design it – also released a statement, saying:

“If carried out, the cable car project would give a major boost to the settlement tourism industry in East Jerusalem and strengthen the ongoing Judaization and ethnic cleansing of the Palestinian neighborhoods of Silwan and the Old City.”

Bibi Tells Settlers: Evacuating Illegal Outpost Was A “Mishap,” Will Never Happen Again

Hitting the campaign trail, Prime Minister Benjamin Netanyahu promised that Israel will never evacuate settlements or outposts again. His promise was notable not only for its content, but also for when and where he delivered it: during a meeting with settlers as part of a high-profile visit to the site of an illegal outpost.

The outpost in question, Netiv Ha’avot, was the center of a lengthy battle which culminated in the Israeli government evicting settlers from a number structures, after the Israeli High Court ruled the structures were built on land privately owned by Palestinians.

Addressing the settlers (ones living in structures also built illegally, but permitted to remain in place since the land on which they were built is not recognized by Israel as  privately owned by Palestinians), Netanyahu called the court-ordered evacuation and demolitions in the outpost as a “mishap” that would not happen again. Netanyahu went on to say.

“As far as I am concerned, there will not be any more uprooting of communities or the cessation of (building in) communities, but rather the exact opposite. The Land of Israel is ours and it will remain ours. What has fallen will be rebuilt. It is ours. We are building here, and you are living here.”

Indeed – Israeli lawmakers are working assiduously to prevent any future court-ordered evacuations of outposts and illegal settlement structures, as FMEP details in its comprehensive tracking of such moves. The Israeli cabinet recently endorsed a bill that gives the government 2 years to retroactively legalize 66 outposts across the West Bank, including Netiv Ha’avot. The bill also directs the government to immediately begin treating those outposts as if they are legal, meaning that if the bill becomes law, the illegal outposts will be connected to Israel water and electricity grids, receive municipal services, and receive government-approved and government-funded budgets. The bill also allows the finance minister to guarantee mortgages in the outposts.

The Israeli government is also planning to retroactively legalize and expand the Netiv Ha’avot outpost – proving once again that Israel not only doesn’t punish settler law-breaking, it rewards it. FMEP has previously covered how the Israeli government has exploited the evacuation of settlers from 15 homes in the Netiv Ha’avot outpost as an opportunity not only to advance construction in another settlement (Elazar), but also to build an entirely new outpost as “temporary” housing for the settlers. The “temporary” outpost – where 15 mobile homes have been placed and are connected to Israeli water, power, sewage, roads, and other infrastructure – is located outside the borders of the Alon Shvut settlement. That fact did not stop the High Planning Council (a body within the Israeli Civil Administration, which regulates planning and building in the West Bank) from approving the plan, noting that “the plan is improper, but we will have to approve it as a temporary solution.” As part of its approval of the plan, the Council ordered the government to take steps towards expanding the borders of the Alon Shvut settlement to include the outpost, underscoring the meaninglessness of the word “temporary” in this context.

Bibi Cancels Mandate for International Observer Force in Hebron

On January 28th, Prime Minister Netanyahu announced that he will not renew the mandate allowing the Temporary International Presence in Hebron (TIPH) to continue to operate. The TIPH has been observing and documenting incidents between Palestinians, settlers, and the Israeli army in Hebron since 1997 – when Netanyahu (who was then in his first stint as Prime Minister) signed the Hebron Protocols which laid out arrangements for a divided Hebron. Many Israeli lawmakers, including Netanyahu, have levied heavy criticism against the TIPH over the past year, particularly after an internal TIPH report was leaked in December 2018 that detailed Israel’s “severe and regular” breaches of international law in Hebron.

Peace Now said:

“Netanyahu is frightened. He is so afraid of the settlers that he gives in to a fringe agenda that only harms Israel. The removal of TIPH whose only role is to observe, puts Israel in line with countries like Iran and China, which are afraid of criticism and have something to hide”

Senior Israeli politicians have ratcheted up calls for annexation of Hebron. Most recently Knesset Speaker Yuli Edelstein participated in a conference focused on the goal of establishing Israeli hegemony over Hebron.

Avner Gvaryahu, President of Breaking the Silence – a group which regularly guides tours for tourists willing to see the impact of Israelis settlers and policies in Hebron – told Al-Monitor:

“This isn’t just about the observers. It is part of a much broader and bigger effort…There is a deep-rooted process underway to empty downtown Hebron of its Palestinian residents and turn it into a ghost town.”

Indeed, over the past year Israel advanced numerous settlement plans entrenching and expanding the Israeli settler presence in the city’s most sensitive areas, including plans for the first new settlement construction in Hebron in 16 years. Those settlement plans are:

1. Advancing a plan for a new settlement industrial zone inside of the boundaries of the Kiryat Arba settlement, but in a location that is not contiguous with the built-up area of the settlement (expanding the footprint of the settlement on the ground).
2. Advancing plans for a new settlement to be located above the historic Palestinian vegetable market in downtown Hebron.
3. Approving a plan to build a new 31-unit settlement at the site of an Israeli army base in downtown Hebron.
4. Creating and funding a new settler municipal body for the settlers living in small enclaves in downtown Hebron.

WZO Caught Giving Mortgages for Illegally Built Settlement Homes, Again

The Israeli settlement watchdog NGO Kerem Navot discovered yet another case where the World Zionist Organization (WZO) provided a mortgage for an illegally built settlement structure, in this case a house in the Eli settlement, “owned” by a settler named Gilad Ach. Ach heads the radical Ad Kan organization which is known for infiltrating organizations that are working to end the occupation in order to undermine them. FMEP has repeatedly covered reports of evidence that the Settlement Division of the WZO (which is entirely funded by Israeli taxpayer money) engages breaks Israeli law in order to advance the settlement enterprise; this latest report continues to add to that body of evidence.

In the case of Ach’s house in Eli, the WZO decided to issue the mortgage despite the fact that not a single structure in the Eli settlement is legal. Though the Eli settlement has received Israeli government approval, a “Master Plan” – which officially zones land for distinct purposes (residential, commercial, public) –  has never been issued. Meaning, Ach’s house lacks a valid building permit.

Kerem Navot told Haaretz:

“As is known, Gilad Ach works energetically to promote law enforcement and transparency, and therefore we are certain that he would be pleased to know that in the settlement of Eli, where he lives, the Settlement Division is granting mortgages for the purchase of homes in violation of the law. We are convinced that Ach and his organization, Ad Kan, will act diligently to eliminate this serious phenomenon as they have done in other instances in the past in which there has been suspected violation of the law.”

Despite the WZO’s criminal track record, the Israeli government is actively transferring more land in the West Bank over to the WZO for management.  A government-backed bill to expedite the transfer more land to the WZO was recently stalled in the Knesset by the Israeli Attorney General, who assured the Knesset that the legislation was unnecessary because the transfer was already proceeding at the administrative level.

As a reminder, the WZO’s Settlement Division was created by the Israeli government in 1968 and is funded entirely by Israeli taxpayers. Its mandate is to manage West Bank land expropriated by Israel, in order to facilitate the settlement of Israeli Jews in the occupied territories. To make this possible, the Israeli government has allocated approximately 60% of all “state land” in the West Bank to the WZO’s Settlement Division [over the past 50 years Israel has declared huge areas of the West Bank to be “state land,” including more than 40% of Area C, where most of the settlements are located].

Amnesty International: Online Tourism Companies Are Enabling and Profiting from Occupation

Amnesty International (AI) published a new report – entitled “Destination: Occupation” – outlining how AirBnb, Booking.com, TripAdvisor, and Expedia (the largest global online booking and travel companies) are fueling human rights violations and the expansion of settlements through their decision to list rental properties located in Israeli settlements in the occupied West Bank and East Jerusalem.

In a press release about the report, Seema Joshi, AI’s Director of Global Thematic Issues, said:

“Israel’s unlawful seizure of Palestinian land and expansion of settlements perpetuates immense suffering, pushing Palestinians out of their homes, destroying their livelihoods and depriving them of basics like drinking water. Airbnb, Booking.com, Expedia and TripAdvisor model themselves on the idea of sharing and mutual trust, yet they are contributing to these human rights violations by doing business in the settlements. The Israeli government uses the growing tourism industry in the settlements as a way of legitimizing their existence and expansion, and online booking companies are playing along with this agenda. It’s time for these companies to stand up for human rights by withdrawing all of their listings in illegal settlements on occupied land. War crimes are not a tourist attraction.”

AirBnB, one of the companies scrutinized both by AI and in a complementary report published by Human Rights Watch, announced in November 2018 that it would no longer list properties located in Israeli settlements in the West Bank, excluding about 100 listings in East Jerusalem settlements. The AI report calls on AirBnB to extend its decision to East Jerusalem settlement listings. The report goes on to detail settler activities in the East Jerusalem neighborhood of Silwan, showing how TripAdvisor in particular is supporting settlers and their initiatives. The report observes:

“…at the time of writing, TripAdvisor featured the City of David and Elad prominently. TripAdvisor did not just provide its standard listings and page for reviews (where the City of David is ranked ‘#15 of 318 things to do in Jerusalem’), but also promoted four tours which feature the City of David and are managed by Elad. These include tickets to an underground tour for US$11, a ‘Night-Time Spectacular Show’ for US$18 and a “2 hour Segway tour” for US$43. TripAdvisor allowed users to book and pay for these attractions through its site and charged a fee when a booking was made. By actively encouraging users to visit the City of David and take guided tours of the site, TripAdvisor has boosted Elad’s business and derived a profit itself from every booking made through its site. In this way, the company has contributed to the illegal situation created by the presence and growth of settlement enclaves in East Jerusalem. The company has also been a key participant in the expansion plans of the Israeli government and Elad in the city, which are putting the human rights of Palestinians at risk. It has also, arguably, heightened the risk of forced evictions.”

Israel Arrests Settler for 2018 Murder of Palestinian Woman; Settlers Respond with More Attacks on Palestinians

Despite political interference, on January 24th the Israeli Shin Bet announced that it had filed an indictment charging a settler with manslaughter, for the 2018 murder of Aisha al-Rabih. Rabih, a Palestinian mother living in the West Bank, was killed by a large rock thrown through the windshield of a car she was riding in with her family. The settler charged with the crime – based on DNA evidence – is a 16-year-old from the Rehelim settlement, where he attended yeshiva (Jewish religious school).

Following the indictment, violently skirmishes erupted in hotspots in the West Bank known for the activities of radical settlers.

• On January 26th, settlers living in the Adei Ad outpost reportedly approached the Palestinian village of al-Mughayir, resulting in clashes during which the settlers are believed to have shot and killed Hamdi Nassan. The murder resulted in widespread international attention and concern, though Israel has reportedly not yet questioned settlers who were present at the crime scene.
• On January 26th, video cameras caught settlers vandalizing property in Turmusaya – located within sight of the Adei Ad outpost in the Shiloh Valley.
• Clashes between IDF forces and Palestinians also erupted on January 27th at the entrance of Turmusaya. That morning, Israeli forces erected a new checkpoint along the road leading to Turmusaya in anticipation of a funeral parade for Hamdi Nassan, killed by settlers in al-Mughayir the day before. During the clashes, Israeli forces reportedly fired live ammunition, tear gas, and stun grenades at the Palestinians.

As a reminder, the illegal Adei Ad outpost is built on land that has historically belonged to Turmusaya. Yesh Din published a lengthy report chronicling how Adei Ad outpost settlers use violence as a means of land confiscation. Rewarding their criminality, in August 2018  the Israeli government approved a plan to included the Adei Ad outpost within the expanded borders of the Amichai settlement, the first new government-backed settlement in 25 years. The massive expansion of the Amichai settlement and the transformation of Adei Ad into a brand new settlement, if implemented, will be a significant step towards creating an uninterrupted corridor of settlements connecting sovereign Israel to the Ariel settlement, through the isolated Shiloh Valley settlements, all the way to the Jordan Valley. In so doing, It will completely bisect the northern part of the West Bank.

In response to the violence and the escalation in Israeli settlement planning, Michael Lynk, the United Nations Special Rapporteur for human rights in the occupied Palestinian territory, issued a statement on Wednesday saying in part:

“…Israeli forces, obligated to protect the Palestinian population under international humanitarian law, stand idly by while olive trees are destroyed, livelihoods are damaged, and even while people are injured or, at worst, killed. The events in the West Bank village of Al Mughayyir on 26 January are a sobering example of this extremely troubling phenomenon, where a Palestinian villager was shot dead in the presence of Israeli settlers and soldiers. These incidents not only violate numerous human rights such as the rights to life, security of the person, and freedom of movement of Palestinians, but also serve to expand the area of land over which Israeli settlers have control. It is impossible to square the international community’s rhetorical support for a genuine two-state solution with its persistent unwillingness to confront Israel with any meaningful injunctions to halt and reverse these steps towards annexation. The Israeli settlements are the engine of the 51-year long occupation. This occupation will not die of old age, but only with the resolute imposition of consequences on Israel for ignoring international law and numerous United Nations resolutions.”

Roseanne Barr’s 2019 Israel Victory (and Settlement Propaganda) Tour

Disgraced American actress Roseanne Barr was shepherded on a tour of Israeli settlements and settler installations by Rabbi Shmuley Boteach, a prominent American activist and settlement supporter. The two were accompanied by fawning senior Israeli politicians, including Culture and Sports Minister Miri Regev. Barr’s trip was funded by Rabbi Boteach’s group, World Values Network.

Barr’s tour – which she said was aimed at pushing back against the growing calls to boycott Israel and/or its settlements – included several public speaking engagements, a visit to the West Bank settlement of Peduel (a history of the Peduel settlement can be found here), a visit to the Muslim Quarter of the Old City to visit a home owned by the radical settler group Ateret Cohanim.

At one event, Barr compared the BDS movement to Nazi boycotts against Jews. Drawing headlines at another event, Barr said:

“There is no occupation. The only occupation I see is they built a dome on top of our Temple and I’m not allowed to pray at my holiest site.”

At a media spray at the Peduel settlement, Barr told the settlers:

“You are pioneers. The people of Samaria are standing on the front line of the State of Israel.”

Barr was famously  fired from her eponymous tv show after she posted racist public comments posted to Twitter. Commenting on her firing to an Israeli audience, Barr joked that she was “BDSed by ABC,”  suggesting that the real reason she was fired was Hollywood’s intolerance for her support for Trump (who is widely loved in Israel) and her Zionism.

Bonus Reads

1. “Israel’s Growing Settlement Force Stark Choices About Its Future” (The Economist)
2. “Can the Shin Bet Stop Hilltop Youths’ March to Armageddon?” (Al-Monitor)
3. “Education According to Bennett: More Judaism, Less Democracy” (Haaretz)
4. “I Was a Settler. I Know How Settlers Become Killers” (Haaretz)
5. “Helipad Completed in Liberman’s Settlement, After His Exit From Defense Ministry” (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 11, 2019

1. Israel Opens “Apartheid Road” – Divided Road Eases Settlers’ Access to Jerusalem, Routes Palestinians Around the City,  Significant Step Towards Advancing E-1 Settlement Construction
2. Israeli Businessman Opens Huge Mall in East Jerusalem Settlement Industrial Zone
3. In Parting Gift to Settlers, Housing Minister Greenlights Construction of New Settlement Units for Outpost Evacuees
4. Settlers Blame Obama for Slowed Israeli Population Growth in the West Bank
5. Israeli Justice Minister Stands with Families of Suspects in Deadly Jewish Terror Attack
6. Breaking the Silence Launches New Tour of Central West Bank Settlements
7. Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

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Israel Opens “Apartheid Road” – Divided Road Eases Settlers’ Access to Jerusalem, Routes Palestinians Around the City,  Significant Step Towards Advancing E-1 Settlement Construction

A key section of the “Eastern Ring Road” (Route 4370), located in the West Bank on the eastern flank of Jerusalem in the area of the planned E-1 settlement, officially opened to traffic on January 10th. Dubbed the “Apartheid Road” because a concrete wall runs literally down the middle of the highway, separating Palestinian and Israeli traffic, the road allows Israeli-approved traffic from the West Bank (i.e., settlers and the small number of Palestinians who have Israeli-issued permits) to more easily access Jerusalem than ever before — advancing the seamless integration of settlements into Israel proper and the erasure of the Green Line; the other side of the road is sealed, shunting traffic between the northern and southern parts of the West Bank while preventing any access to Jerusalem (East or West).

Ir Amim warns that the opening of this section of the road may signals that Israel is on the verge of issuing building permits for the E-1 settlement plan, which received final approval but has been held up by the political echelon for years due to international pressure. The international community has long opposed E-1, in part based on the argument that territorially, it cuts the West Bank in half, preventing the possibility of a viable, contiguous Palestinian state.

Israeli officials have argued that the now-open road should resolve international objections to building the E-1 settlement, since it preserves “transportational continuity” by providing a route for Palestinians to travel between between the northern and southern parts of the West Bank, as a substitute for territorial contiguity of a future Palestinian state). 

When construction on the road resumed in 2017 after being stalled for a long period, Peace Now explained:

“If the road will be completed…Israel will be able to argue that Israeli construction in the area does not separate the West Bank because there is a transportation route for Palestinians. This argument, of course, is baseless because a thin line of road that connects separated territorial sections (creating ‘transportational continuity’) does not meet the need for the territorial contiguity essential for the development of East Jerusalem and the Palestinian metropolis. Without these territories, a viable independent Palestinian state cannot be built and prosper, and this could mean the death of the two-state solution.”

In a 2008 objection against the road that was rejected by the Israeli High Court of Justice, Adalah explained:

“The road further aims to consolidate and develop the Jewish settlements in East Jerusalem and the West Bank, and link them directly and conveniently to each other and to West Jerusalem. The road is simultaneously intended to isolate the Arab neighborhoods in East Jerusalem from the main route of the Eastern Ring Road, from each other and from the West Bank. It would thereby turn these neighborhoods into islands that are isolated – geographically, economically and in terms of transportation – from their immediate surroundings and would end Palestinian geographical contiguity within and around East Jerusalem, thereby precluding any future economic and social development or expansion of these neighborhoods. The plan stands to cut the owners of agricultural land off from their lands, to dramatically reduce the accessibility of schools, health services and workplaces for residents of these neighborhoods, and severely disrupt their family and social lives.”

Ir Amim researcher Aviv Tartarsky said:

“Anyone with eyes in his head understands that it is impossible for years to maintain such a separation regime — it is immoral and impractical.”

At the ceremony marking the opening of the road this week, several senior Israeli government official boasted about the importance of the road. The newly inaugurated Mayor of Jerusalem, Moshe Leon, said:

“the road is a true blessing for residents of Pisgat Ze’ev and French Hill [Israel settlements in East Jerusalem]. Opening this road during high congestion periods will distribute more evenly some of the pressure on existing highways, leading to significant easing…in addition to solving traffic congestion problems, we are strengthening the Binyamin Regional Council [the settlement council in the area north of Jerusalem] and inaugurating the natural link between this area and Jerusalem.”

Israeli Transportation Minister Yisrael Katz said the road is:

“an important step in linking Binyamin Council residents [settlers living north of Jerusalem] to Jerusalem and in strengthening metropolitan Jerusalem.”

The Jerusalem Municipality – whose public infrastructure company recently renovated the road, despite the fact that the road is located outside Jerusalem’s Municipal borders (not to mention outside of Israel’s sovereign territory) – issued a statement saying:

“this was a transportation project that came about as a result of cooperation between itself, the Binyamin Regional Council and the Transportation Ministry. The road was rehabilitated by Moriah, with funding from the ministry. It will serve Arab residents, especially those living in the Shoafat refugee camp. It will ease congestion in the Pisgat Ze’ev and French Hill neighborhoods, distributing traffic more evenly.”

Israeli Businessman Opens Huge Mall in East Jerusalem Settlement Industrial Zone

A new Israeli-owned shopping mall opened in the Atarot settlement industrial zone in East Jerusalem, located in sight of Ramallah but inside the security barrier and within Israel’s municipal border, as expanded by Israel after the 1967 war.

The massive new mall is the crown jewel of the shopping empire built by Israeli businessman Rami Levy, who already operates a network of supermarkets in settlements. Like all of Levy’s projects (and settlement industrial zones in general), the new mall is branded as a socially-conscience, “coexistence”-building business initiative, with Levy and government officials praising the fact that the new mall will attract both Israeli and Palestinian shoppers and be home not only to Israeli businesses, but to to a few Palestinian-owned/operated businesses as well.

Levy recently told The Times of Israel:

“I see things from a social angle. What I have built, I built with the social aspect in mind. My instincts and my gut tell me this will be the most prosperous place in the country. There is very high demand for the project due to the size of the surrounding population. I’m not afraid of the security situation… When we started marketing there was a reluctance on the part of the (Israeli) chains because of the location of the project, but at the end of the day they understood the great commercial potential.”

Back when the project was first unveiled, the Israeli watchdog group Who Profits explained the falseness of this “coexistence” branding:

“The Jerusalem mall would mark a new stage in Levy’s involvement in the occupation economy…[which] began with providing services to Israeli settlers and continued with the exploitation of Palestinians as a cheap labor force in his supermarkets. He now appears to be turning his attention to massive construction projects on occupied Palestinian land and the exploitation of a Palestinian captive market in the East Jerusalem…Rami Levy is in a position that would allow him establish a large mall on “virgin land” because the Israeli authorities have prevented Palestinian businesses from competing with Israelis. Levy’s plan would take advantage of the fact that Palestinians do not have other large-scale retail facilities. A flourishing market in Bir Nabala was destroyed by Israel’s wall in the West Bank. And venturing into West Jerusalem is not an option for Palestinians, most of whom live below the poverty line. Although there is every likelihood that the Israeli authorities will portray Levy’s mall as beneficial to Palestinians, there are important facts to be remembered. Palestinians entering his mall will not be exercising the right of a consumer to informed choice. Rather, they will be captive clients — belonging to an occupied people.”

The Palestinian human rights group Al-Haq also wrote in advance of the project’s completion:

“Al-Haq further calls attention to the severe impact that the ‘Rami Levy’ project will have on local residents… and the economy as a whole. Because Israeli authorities rarely issue building permits for Palestinians, individuals living in East Jerusalem neighborhoods near Atarot, like Beit Hanina and Shu’fat, do not and will not have comparable large retail facilities. Smaller businesses will likely be unable to compete with the settlement mall.  Al-Haq reminds business owners that businesses benefiting from Israel’s illegal settlement enterprise, and the violations of international humanitarian and human rights law that it propagates, may be found complicit in aiding and abetting these violations even where they do not positively assist in orchestrating the abuse.”

All of Levy’s stores are a target of Palestinian-led boycott campaign against Israeli goods in the occupied territories. Palestinian businessman Munib al-Masri has recently come under fire for a July 2018 meeting with Levy at one of his settlement supermarkets to discuss the Arab Peace Initiative. Masri defended the meeting, saying that he has undertaken an effort to revive the API to Israelis outside of the traditional peace camp. The Palestinian Boycott National Committee released a statement saying:

“The warm relationship revealed recently between a segment of Palestinian capital and Israeli capital is among the worst kinds of normalization. It gives the occupation-state a fig leaf with which to cover its continued occupation, ethnic cleansing, and racism.”

In Parting Gift to Settlers, Housing Minister Greenlights Construction of New Settlement Units for Outpost Evacuees

In June 2018, despite high profile political opposition and violent resistance by settlers and their allies, the Israeli IDF implemented a High Court order to demolish 17 structures (15 residential units) in the Netiv Ha’avot outpost, which were built without Israeli authorization on land that the High Court ruled is privately owned by Palestinians (leaving most of the illegal outpost still standing).

This week, with Israeli elections in sight, Israeli Housing Minister Yoav Gallant resigned from the Kulanu Party and joined Prime Minister Netanyahu’s Likud party (and in doing so, forfeited his position as Housing Minister). Before resigning, Gallant delivered a parting gift to Netiv Ha’avot settlers: a last minute decision to fast-track the construction of new settlement units for them in the Elazar settlement.

In addition to Peace Now’s comprehensive recap of the Netiv Ha’avot saga, FMEP has covered the efforts of the Israeli government to exploit the evacuation of settlers from 15 homes in the Netiv Ha’avot outpost as an opportunity not only to advance construction in the Elazar settlement, but also to build an entirely new outpost as “temporary” housing for the settlers. The “temporary” outpost – where 15 mobile homes are parked – and connected to Israeli water, power, sewage, roads, and other infrastructure – is located outside of the borders of the Alon Shvut settlement. That fact did not stop the High Planning Council (a body within the Israeli Civil Administration which regulates planning and building in the West Bank) from approving the plan, noting that “the plan is improper, but we will have to approve it as a temporary solution.” As part of its approval of the plan, the Council ordered the government to take steps towards expanding the borders of the Alon Shvut settlement to include the area on which the outpost has been established, underscoring the meaninglessness of the word “temporary” in this context.

In addition to the new outpost/expansion of the Alon Shvut settlement, the State is also planning to retroactively legalize and expand the Netiv Ha’avot outpost – proving once again that Israel does not punish settler law-breaking, but instead handsomely rewards it.

Settlers Blame Obama for Slowed Israeli Population Growth in the West Bank

According to new data published by the Council of Jewish Communities in Judea and Samaria, the 2018 settler growth rate came in at 3%, compared to 3.4% in 2017. This is the tenth consecutive year that the settler growth rate has declined. In explaining the numbers, settlers are pointing fingers at former U.S. President Barack Obama, citing his policies opposing settlement construction (which was in line with the policies of every previous U.S. president since 1967) as the reason for the decline in the settler population growth rate. The head of the Council, Hananel Dorani, said:

“We’re happy to see that the number of residents in the area is growing, but in recent years there hasn’t been enough construction in the settlements…the relatively slow rate of construction is the result of, among other things, an eight-year construction freeze [there was no such freeze], and today only small-scale plans are being approved [demonstrably incorrect]. These figures are a shout out to the next government: We will be demanding more of an effort to clear obstacles to construction in Judea and Samaria and the Jordan Valley. This is the way to continue promoting the settlements and even increase the housing available in Israel, and as a result lowering [housing] prices.”

Israeli Justice Minister Stands with Families of Suspects in Deadly Jewish Terror Attack

Five Israeli settlers from the Rehelim settlement were arrested in connection with the murder of a Palestinian woman in October 2018. The suspects – who are minors and therefore unidentified in the press – are alleged to be responsible for throwing stones at a Palestinian vehicle, resulting in the death of Aisha Rabi, a mother of nine. The Israeli Shin Bet has since come under fire from Israeli politicians for the way it has handled the case, and settler leaders have offered blanket public support for the suspects and their families while leveling harsh criticism at the Shin Bet for its work to close the case. Israeli Justice Minister Ayelet Shaked went as far as to meet with the suspects’ parents in a display of solidarity with the families’ in their accusations against the Shin Bet’s work on the case.

Meretz chairwoman and Member of Knesset Tamar Zandberg sharply criticized Minister Shaked for the meeting, saying that Shaked has:

“different standards for Jews and Arabs…Instead of doing soul searching, (Shaked) is making an electoral calculation and running into the arms of families accused of terror.”

Breaking the Silence Launches New Tour of Central West Bank Settlements

The Israeli organization Breaking the Silence has launched a new political tour of the West Bank, focusing on settlements, Israeli government policy, and the goal of the occupation. After previewing the new tour, Haaretz columnists Gideon Levy and Alex Lavec write:

“during this seven-hour journey, an unvarnished picture emerges: The goals of the occupation were determined immediately after the 1967 war. Every Israeli government since, without exception, has worked to realize them. The aim: to prevent the establishment of any Palestinian entity between the Jordan River and the Mediterranean Sea, by carving up the West Bank and shattering it into shards of territory. The methods have varied, but the goal remains unwavering: eternal Israeli rule. That goal hasn’t been implemented only by right-wing zealots, but by the very establishment of Israel, its governmental agencies, with the backing of the judiciary and the media. On the road to a million settlers, the first million – all means were justified. Now, as that target draws closer, the central goal is the development of infrastructures. The separate roads, deceptive with their bypass routes, the tunnels and the interchanges, all of these are more fateful than another flood of settlers. They allow every settler to live in relative security, not to see Palestinians and not to hear about their existence, to live cheaply and to get to work in Israel fast. That’s the secret that’s made it possible for 650,000 Israelis to violate international law and norms of justice, to live in occupied areas and feel good about themselves. The occasional few bones that the occupier throws the occupied allows life under the boot to continue without excessive resistance.”

Breaking the Silence continues to run its flagship tours of Hebron and the south Hebron Hills, which attract approximately 5,000 participants each year to see the impact of Israeli occupation policies and radical settlers living in Hebron. Breaking the Silence staff are veteran combatants who speak out about the reality of what it means to serve as an occupying power over the Palestinians. Breaking the Silence has been a central target of the Israeli government in attempts to silence groups critical of Israeli policies by cutting their funding, criminalizing and restricting their operations, and waging smear campaigns against staff members.

Bonus Reads

1. “Expanding the Limits of Jewish Sovereignty: A Brief History of Israeli Settlements” (Haaretz)
2. “Israeli Housing Project in West Bank Would Surround Bethlehem with Settlements” (Haaretz)
3. “Palestinians Are Right to Outlaw Selling Land to Settlers” (The Forward)
4. “How Israel Usurps Palestinian Land In Calculated Stages” (Haaretz)
5. “Peace Cast: West Bank Settlements” (Americans for Peace Now)
6. “Minister Shaked says she changed the judicial system’s mindset” (World Israel News)

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

To subscribe to this report, please click here.

December 21, 2018

1. Israel Nears Final Move to Carry Out Massive Land Theft to “Regulate” Illegal Outposts
2. Ministers Back a Bill to Legalize 66 Outposts
3. In New Legal Opinion, Israeli AG Outlines Strategy for Legalizing Outposts
4. New Outpost #1 : Settlers & Government Officials Illegally Re-Build Amona Outpost
5. New Outpost #2: Settlers Build Outpost Overlooking Hebron
6. More Details on the Plan to Dig a Tunnel Road to the Haresha Outpost
7. High Court Criticizes State Over Illegal Road on Palestinian Land
8. New Report Documents Israel’s “Severe and Regular” Violation of International Law in Hebron
9. High-Rise Settlement Housing Promoted As a Means to Achieve 2020 Settler Vision & As a Solution to Israel’s Affordable Housing Shortage
10. Fourth Quarter Decline in 2018 Settlement Construction Starts Doesn’t Tell the Whole Story
11. Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

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Israel Nears Final Move to Carry Out Massive Land Theft to “Regulate” Illegal Outposts

As has become routine, Israeli settlers and their allies in government are exploiting the recent deaths of three Israelis (two soldiers and a baby) at the hands of Palestinian attackers as an opportunity to accelerate settlement-related activities. This includes advancing new legislation and  accelerating/expanding the application of new legal tools designed to entrench and expand the permanence of some of the most radical Israeli settlers living in isolated outposts across the West Bank.

If implemented, the plans and legislation detailed below (and in last week’s settlement report) will expropriate huge amounts of land that even Israel recognizes as privately owned by Palestinians, in order to retroactively legalize Israeli outposts scattered across the West Bank. Such a move will complete what has been a gradual but steady formal suspension of even the pretense of maintaining the rule of law with regard to Israeli settlers’ or the Israeli government’s’ actions in the West Bank (which comes on top of Israel’s official and open contempt for international law). As Haaretz columnist Zvi Bar’el writes:

“The legal criminality that the government invented in honor of the settlers… is an unbridled attack on the rule of law, the undermining of Palestinian landowners’ right to appeal at the High Court, and the destruction of the planning and building system. And mainly, it turns terror into a real estate perk for lawbreaking extortionists.”

Americans for Peace Now said:

“In reaction to murderous terrorist attacks targeting West Bank Jewish settlers and Israeli soldiers, the government of Israel has come under pressure from the settlers to exact retribution against Palestinians. Two of the measures adopted are bound to open the floodgates for the legalization of existing settlement-outposts and the establishment of new ones.”

Ministers Back a Bill to Legalize 66 Outposts

On December 16th, the Israeli Cabinet voted unanimously to give government backing to a bill (called “Regulation Law 2” or the “Young Settlement Bill”) that directs the government to treat 66 illegal outposts built on privately owned Palestinian land as legal settlements, while giving the government 2 years to find a way to retroactively legalize those outposts.

The bill, proposed by MK Bezalel Smotrich (Habayit Hayehudi) and MK Yoav Kisch (Likud), also freezes any/all legal proceedings against the outposts  and requires the government to connect the outposts to state infrastructure including water, electricity, provide garbage removal, and also approve budgets for them. The law also allows the finance minister to guarantee mortgages for settlers seeking to buy units in these outposts, even before the legal status of the land is resolved (a remarkable state-directed violation of normal practices in the mortgage industry). With government backing, the bill will now be introduced in the Knesset, where it must pass three readings before becoming law.

Though this bill has been ready for months, the Cabinet decided to advance the bill now in response to recent Palestinian terror attacks. MK Smotrich said: “This is the definitive answer to the murderous terrorism of the Arabs.” This sentiment was echoed widely across the settler movement.

The Cabinet voted to support the bill despite strong opposition from the Israeli Attorney General’s office. Deputy AG Ran Nizri told the Cabinet ahead of the vote that the bill has “significant legal problems,” represents a sweeping violation of the property rights of Palestinians in the West Bank, and will likely face a drawn out Court battle that might result in the High Court of Justice overturning the law. Notwithstanding these seemingly principled arguments opposing this tactic for legalizing outposts, it should be recalled that the Attorney General’s office has proposed what it believes is a more defensible means means to accomplish the same ends – called the Market Regulation principle (discussed below).

The Jerusalem Post speculates that passage of the “Regulation Law 2” in the Knesset may not be automatic, in light of past instances where international condemnation of such moves to legalize outposts led to hold-ups. The Times of Israel points out that the Trump Administration has failed to express any criticism about the new bill, which is unsurprising given Trump Administration officials’ statements and actions embracing and normalizing the settlements.

Israeli Justice Minister Shaked praised the bill, saying:

“[the bill is a] clear statement that will legalize young settlements [outposts] in Judea and Samaria. In the last three years, we changed the conversation from one of evacuation to one of legalization. There is no reason for the residents of Judea and Samaria to always have to live under the sword of evacuation.”

Peace Now said:

“Another populist and unconstitutional initiative is approved by the settler government, and only in such a state can an ‘illegal settlement’ be classified as a ‘young settlement.’  The settlers’ violence against Palestinian passerby that we witnessed during the weekend is a direct result of the government’s policy and of such bills that actually telling the settlers that they are above the law and whatever violation of the law the make, the government will legalize it.”

The bill is a follow-up to the first Regulation Law, which was passed by the Knesset in February 2017 but has since then been frozen by the High Court of Justice while it considers the law’s constitutionality. One month after passage of the Regulation Law, the Israeli Cabinet passed a resolution to enact the law expeditiously, at which point the cabinet created a committee – now headed by settler leader Pinchas Wallerstein – to build a list of outposts which the government can retroactively legalize and to complete the bureaucratic work required to do so. Wallerstein – who has a long history of ignoring Israeli law but is now responsible for massaging it to suit his needs – has been vocal about what the government can do immediately, telling the Knesset in October 2018 that there are at least 20 outposts which can be “easily” legalized as neighborhoods of existing settlements, and 50 more outposts that can be legalized but require more complex solutions.

The outposts slated to be legalized are scattered across the West Bank, many of which FMEP has reported on regularly, including: Haresha (the center of recent legal maneuvers aimed at legalizing an access road built on privately owned Palestinian land); Givat Assaf (where two Israeli soldiers were killed on December 13th); Havat Gilad (another outpost which gained political support following a Palestinian terror attack); Yitzhar South, Yitzhar East (satellites of the radical and violent Yitzhar settlement near Nablus; Ma’ale Rehavam (which was built on privately owned Palestinian land that the WZO illegally allotted to the settlers); Mitzpe Kramim (where once again  the WZO gave settlers land owned by Palestinians. A court recently ruled the WZO acted in “good faith” in the transaction despite evidence to the contrary); Netiv Ha’avot (FMEP extensively covered the saga of Netiv Ha’avot); and, Adei Ad (a violent outpost that has been approved to be added to the jurisdiction of the new Amichai settlement in the Shilo Valley).

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.

In New Legal Opinion, Israeli AG Outlines Strategy for Legalizing Outposts

On December 13th, Israeli Attorney General Avichai Mandleblit issued a new legal opinion outlining how the government can implement the “market regulation” principle (which he invented) as a new legal basis for retroactively legalizing outposts and settlement structures built on privately owned Palestinian land. According to this principle – which contradicts any notion of rule of law or the sanctity of private property rights – settlement structures and outposts built illegally on private Palestinian land, can be legalized, if the settlers acted “in good faith” when they took over and built on the land. His opinion and subsequent arguments to the Israeli High Court of Justice (below) confirm that in the view of the Israel’s top law official, Israel has the right to expropriate privately owned Palestinian land in the occupied West Bank and give it to Israeli settlers; the only disagreement he has with the Knesset is over the method of doing so.

Peace Now has a comprehensive breakdown of the new legal opinion, including the specific criteria outlining which outposts can qualify under the new scheme. AG Mandelblit estimates that 2,000 illegal settlement structures qualify for retroactive legalization using this principle,

The Israeli government has already used the “market regulation principle” in court twice, both in defending against lawsuits filed by Palestinians (first in response to petitions by Palestinian landowners against structures on their land near the Ofra settlement, second in response to petitions filed by Palestinian landowners against the Mitzpe Kramim outpost). This week’s move by the Attorney General allows the government to proactively initiate proceedings to retroactively legalize unauthorized outposts and settlement structures.

Reportedly, the Attorney General prepared this legal opinion a while back, but was stopped from publishing it by Prime Minister Netanyahu, who was concerned about the international and diplomatic repercussions. It seems likely that the recent string of Palestinian terror attacks prompted Netanyahu to give the AG the green light to go ahead, along with advancing a number of other punitive settlement plans.

Shortly after approving the implementation of the “market regulation principle,” Mandleblit called on the High Court of Justice to overturn the Regulation Law, which the Court has been considering for more than a year. In a letter to the High Court Justices, Mandleblit argued that implementing  the “market regulation principle” is “a more proportionate and balanced measure than the arrangement prescribed in the Regulation Law,” providing a more narrow legal basis by which Israel can strip Palestinian landowners of their rights (estimating that 2,000 structures can be legalized under the “market regulation principle,” compared to an estimated 4,000 under the Regulation Law). Of course, this argument overlooks the severe violation of Palestinian rights, the rule of law, and international law inherent in Israel’s decision to in effect erase Palestinian private property rights in the occupied territory to benefit the settlers.

Peace Now said:

“The attorney general is crossing yet another red line by laying the foundations for an institutionalized theft mechanism that will expropriate land from Palestinians and allocate it to settlers who stole it.This is part of a larger move led by AG Mandelblit to reduce the rights of Palestinians in the occupied territories and to expand the privileges of the settlers, thereby bringing us closer to an apartheid reality.”

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.

New Outpost #1 : Settlers & Government Officials Illegally Re-Build Amona Outpost

In recent days,  dozens of Israeli settlers moved two mobile homes placed on the hilltop where the illegal Amona outpost once stood, claiming to have purchased the land from its Palestinian owners. Prominent settler leaders and MK Bezalel Smotrich (Habayit Hayehudi) visited the site to celebrate the resurrection of the infamous outpost, an endeavor which was directly supported and facilitated by the Binyamin Regional Council (a settlement regional authority which draws its budget from Israeli taxpayer funds).

Settlers have reportedly submitted documents to the Israeli Civil Administration which they claim prove the land has been legally purchased (a claim which, even if true, does not justify the settlers’ illegal invasion of and construction in an area designated by Israel as a closed military zone). The Civil Administration – which is the sovereign power over the West Bank and responsible for enforcing the law there – has confirmed that it is aware of the new outpost and has received documents from the settlers, but has not yet reviewed the documents.

Yesh Din, an Israeli NGO representing the Palestinian landowners, immediately filed a petition to have the illegal structures removed. Yesh Din also filed a criminal complaint against the Israeli government officials who were involved with invading the hilltop. As of this writing they have not received a response on either front. Peace Now has also stated it will pursue legal action against the settlers.

Yesh Din explains key context in the Amona outpost saga:

“After the evacuation [of the Amona outpost] in 2017, the Israeli army declared the area a closed military zone, prohibiting entry of Israelis and Palestinians to the area where the outpost had been located. The closure, however, was not enforced for Israelis, who freely entered, while Palestinians – including the legal landowners – were forbidden to enter and cultivate the very land for which they had struggled for years. In addition to the audacity of blatantly defying the High Court of Justice ruling and trampling on the rights of the landowners, the placing of the new structures this weekend violates the closure order and constitutes a further infringement of the law as the establishment of a new settlement in Amona was never authorized – certainly no permits or outline plans exist. But in the ‘land of the settlers,’ the concept of rule of law has long since lost any meaning. Any Israeli can decide to build a settlement on a hill, merely because they feel like it. The buildings then remain regardless of their illegality, Israeli authorities not daring to challenge their imposing presence.”

Benyamin Regional Council Chairman Yisrael Gantz said in a statement:

“After two years of this place being uninhabited, we are fortunate to resume Israeli life here. The plots upon which we erected the structures were legally purchased. Yesterday, I promised to establish a new settlement in Binyamin in response to the deadly attacks and today we are carrying it out.”

Yossi Dagan, head of the Samaria Regional Council said at the event:

“In these dark days, when terrorist attacks are so numerous and the honor of the people of Israel is harmed, we must get fired up and today’s ascent to Amona is an appropriate Zionist response.”

Peace Now said in a statement:

“There is no limit to the cynicism of the hilltop criminals who exploit the events of recent days to trample the law and ignite disturbances, all with public funds. These pyromaniacs are backed by Knesset members and local politicians… It is difficult to understand how an order has not yet been issued to evacuate them, and we ask whether the IDF and the police would have allowed this if they were Palestinians. This disgrace should be addressed today.”

Re-establishing the Amona outpost would hand a complete and total victory to the settlers who were forcibly evacuated from the site in 2017 – proving that not only does settler law-breaking go unpunished, but it is handsomely rewarded by the Israeli government, and that establishing illegal outposts is an effective route to establishing new settlements. Since being evacuated, the Amona outpost settlers have (so far) been “compensated” by the government with financial compensation and two new settlements:

1. The first new government-backed settlement in 25 years, Amichai. The Israeli Civil Administration High Planning Council subsequently approved a plan to triple the size of the Amichai settlement to include the Adei Ad outpost and the lands between the two; and,
2. The Shvut Rachel East settlement. This is an outpost that was granted authorization as a “neighborhood” of the Shilo settlement, but is properly understood as a new settlement unto itself. Teh Amona outpost settlers were first offered the Shvut Rachel East hilltop as a relocation site, but rejected it in favor of the nearby Amichai hilltop. Despite rejection, Shvut Rachel East received authorization anyways.

New Outpost #2: Settlers Build Outpost Overlooking Hebron

In recent days,  a group of settlers have moved back into the site of an evacuated outpost near the city of Hebron, just north of the Kiryat Arba settlement, which settlers are calling Givat Mevaser. At a celebration of the decision by settlers to reestablish the outpost, the chairman of the Kiryat Arba settlement local council,  Eliyahu Libman, said:

“We made a decision in light of the harsh news endured by the people of Israel last week to permanently move families into Givat Mevaser.”

The IDF was present at the celebratory event to protect the settlers, but an official at the Defense Ministry admitted that the settlers did not coordinate their actions with authorities. The site was previously approved to be developed into a settlement industrial zone, and according to a spokesperson for the new outpost, settlers are in the process of changing the building plan in order to get authorization for residential housing. Nonetheless, the settlers are at present violating Israeli law by taking up residence at the site.

More Details on the Plan to Dig a Tunnel Road to the Haresha Outpost

Kerem Navot has published a Justice Ministry opinion that provides further details on the government’s plan – approved on December 6th – to retroactively legalize the Haresha outpost by building a tunnel road underneath privately owned Palestinian land (an olive grove). The Justice Ministry document explains that while the Israeli government in principle has the right to permanently expropriate the land from its Palestinian owners, such an action would likely be challenged in the High Court of Justice, where it might be overturned. The Justice Ministry suggests instead that the government should “temporarily” expropriate the land while a tunnel is dug and road paved beneath the olive grove – with the plan being, ostensibly, to return the land to its Palestinian owners after construction is complete.

Kerem Navot comments:

“now, in order to legalize the outpost, shady legal advisers (of the type to whom Justice Minister Ayelet Shaked is drawn) write documents in which they lay down their doubts on whether to expropriate the grove ‘permanently,’ which will be cheaper and faster (but it is likely to be rejected by the High Court of Justice), or to ‘temporarily’ expropriate it solely for the construction of a tunnel through the ‘excavation and cover-up’ method.”

As a reminder, in November 2017 the Attorney General gave the Israeli government a green light to permanently expropriate the privately owned land based on a legal argument that holds Israeli settlers to be part of the “local population” of the West Bank, and therefore eligible to be the sole beneficiaries of state land expropriated for “public use.”

High Court Criticizes State Over Illegal Road on Palestinian Land

At a December 18th hearing, the High Court of Justice gave the government of Israel 60 days to explain why it should not be required to demolish a road and several buildings that were built on land that the state has admitted it believes is privately owned by Palestinians. The case is before the court on a petition by Palestinians who claim that a 200-meter (650-foot) stretch of the road is built on their land.

The Court also slammed the State for allowing the construction of the road and buildings to be completed after a stop-work order was issued against the construction, a stop-work order the State assured the Court would be implemented. At the December 18th hearing, an attorney from the State Prosecutor’s Office told the Court that the road in question was a dirt road, and argued that the state had not sanctioned or had a hand in its construction.

New Report Documents Israel’s “Severe and Regular” Violation of International Law in Hebron

Haaretz shares details from a leaked report written by the Temporary International Presence in Hebron (TIPH), which documents the totality of Israel’s policies in Hebron,  serve to aid and protect settler and which collectively impose severe human rights violations and restrictions on Palestinians.

The report accuses Israel of being in “severe and regular breach” of international law, highlighting the many ways in which the human rights of Palestinians are systematically trampled on – specifically as it relates to radical settlers, their increasing activities in Hebron’s Old City, and the role of nearby settlements.

The Temporary International Presence in Hebron (TIPH) was first established in 1997 as part of the Oslo Accords’ Hebron Protocol, which allowed the partial redeployment of Israeli military forces to the part of the city that remained under its control. Israel must renew the TIPH’s mandate every six months; some fear that the next renewal has been jeopardized by the leaked report’s publication.

High-Rise Settlement Housing Promoted As a Means to Achieve 2020 Settler Vision & As a Solution to Israel’s Affordable Housing Shortage

Haaretz reports that the Yesha Council – the umbrella group representing all settlements in the West Bank – has adopted a strategic goal to advance “high quality, high density” settlement schemes in order to reach their goal of having 1 million settlers living in the West Bank by 2020. The basic idea is to build high-rise apartment complexes in settlements close to major highways in the West Bank and aggressively market them to Israelis who are seeking cheap rent and a fast commute, two key complaints of Israelis living and working in sovereign Israeli territory.

The strategy marks a shift in how settlements have typically been marketed to the Israeli public; once sold as an answer for young Israeli families looking for a single family unit with land, housing in settlements is now being marketed as the answer for young professionals looking for affordability, convenience and accessibility. The Yesha Council has coupled the new strategy with pressure on the government (and a promise to potential purchasers) to expedite West Bank infrastructure projects that will ease traffic, including bypass roads and detours around Palestinian towns.

In a February 2018 article, the Chairman of the Yesha Council wrote:

“Looking ahead, the patterns of thinking and action in the settlement movement need to be changed in two main areas: high-rise construction and doing away with admission committees. The available land for building is not plentiful. Until now, we’ve been used to rural communities with a one-family home on a half-dunam plot, but the goal from now on should be to build as many housing units as possible on that same land. High-density construction — building up or in a terraced fashion, depending on topography — will change the balance in the area and also require a new approach to infrastructure development to suit the number of residents in the future.” [Note: the Haaretz article explains that “admission committees” are a function of settlements which have standards for who is permitted to live there, mostly in ultra-orthodox and ideological settlements]

Fourth Quarter Decline in 2018 Settlement Construction Starts Doesn’t Tell the Whole Story

The Israeli Central Bureau of Statistics (CBS) released new data showing a 52% decrease in the number of settlement construction starts in the third quarter of 2018 compared to the second quarter of 2018. News about a “decline,” relative to the last quarter, obscures the clear and alarming settlement surge currently taking place. As Peace Now has reported, by August 2018 the total number of settlement tenders and plans that have been advanced (6,319) is more than double the total amount in 2016 (3,189).

In addition, it is important to bear in mind that the number of construction starts do not begin to depict or reveal the level of settlement activity happening in the West Bank. Israel’s settlement enterprise is not solely a matter of residential housing plans, but also the unceasing expansion of infrastructure and security measures that exclusively benefit Israeli settlers, the normalization and development of settlement industrial zones, and illegal settlement activity (outposts, which are now regularly legalized ex post facto) that does not register in numbers tracking the settlement planning process.

Bonus Reads

1. “Israel Has Weaponized the Settlements” (Haaretz Editorial)
2. December 2018 public opinion poll – Palestinian Center for Policy and Survey Research

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 17, 2018

1. U.S. Ambassador: There is “No Reason” to Evacuate Settlements from West Bank
2. Israel Publishes Tenders for 603 new units in East Jerusalem Settlement of Ramat Shlomo
3. Massive Jerusalem Development Deal for 20,000 New Apartments – Including Settlement Expansion Projects
4. Israel Triples Size of New Settlement Industrial Zone In Hebron
5. Knesset Sends Funds to New Settler Council in Hebron, Despite High Court Injunction
6. Knesset Approves Past Due Payment for the Construction of Amichai Settlement & “Temporary” Outpost
7. Delay in Opening of new Jerusalem “Park” That Confiscates Palestinian Spring
8. Israel Evicts Palestinians from Bethlehem Home Despite Court Order
9. Bonus Reads

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

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U.S. Ambassador: There is “No Reason” to Evacuate Settlements from West Bank

According to MK Yehuda Glick (Likud), U.S. Ambassador to Israel David Friedman – who is one of three lead authors of the supposedly forthcoming U.S. peace plan – told a group of settler leaders that he does not see any reason why settlements would need to be evacuated from the West Bank in a peace deal with the Palestinians. MK Glick said Friedman was “very explicit” about that point during the meeting, which was held at the U.S. Embassy in Jerusalem. Notably, the position attributed to Friedman is consistent with positions he has taken in the past, both in speaking and writing. 

The Embassy declined to comment on the headline-making statement or the meeting itself. Without an American statement, settler leaders are the only source for what transpired in the meeting. According to MK Glick, the small group of settler leaders pushed Ambassador Friedman to endorse an “economic peace plan” as a substitute for a political solution to the conflict. Glick said that an economic proposal would “make redundant the discourse of concessions” (under previous U.S. proposals, Israeli concessions would have included the evacuation of far flung settlements in the West Bank).

Along those lines, the group presented Ambassador Friedman with a plan for a new industrial zone and medical center in the southern West Bank that, according to Glick and Har Hevron Regional Council Chairman Yochai Damari, would employ and serve thousands of Palestinians. The plan was presented by Glick, Damari, and Palestinian businessman Muhammad Nasser, who also attended the meeting. According to Glick, the U.S. Ambassador was supportive of the plan and offered U.S. assistance once the initiative was up and running.

[UPDATED 9/28/18: More details on the joint Israeli-Palestinian industrial zone in the Har Hebron region was later fleshed out by Ynet in a report here. The plan calls for an industrial zone and commercial center to be built near the Tene-Omarim settlement. Israeli Finance Minister Moshe Kahlon briefed the details of the plan to U.S. Treasury Secretary Steven Mnuchin and Jason Greenblatt, U.S. Special Representative for International Negotiations. The U.S. is expected to present the plan to the World Economy Forum during its annual meeting in January 2019]

Israel Publishes Tenders for 603 new units in East Jerusalem Settlement of Ramat Shlomo

On August 15th, the Israel Land Authority published construction tenders for 603 new settlement units in the Ramat Shlomo settlement in East Jerusalem. The 603 units are part of a larger plan for 1,500 units in Ramat Shlomo (tenders for almost all of which have been published now) that was announced by Israel in 2010, during the visit of then-Vice President Joe Biden. The timing of that announcement, and the inflammatory nature of settlement approvals in East Jerusalem (which the Obama Administration pressured Israel to halt), sparked outrage and prompted Biden to issue harsh criticism of Israel while on the ground. The incident earned the 2010 Ramat Shlomo plan the nickname the “Biden Plan.”

Anti-settlement watchdog Ir Amim comments that the Ramat Shlomo tenders are a part of the Israeli endeavor to:

“expand the Israeli neighborhoods/settlements in such a way as to consume the remaining space between them and nearby Palestinian neighborhoods ( a critical geo-political link between Jerusalem and Ramallah) so as to inhibit their development and further complicate any future division of the city.”

There has been a significant uptick in East Jerusalem settlement advancements since President Trump assumed office in January 2017, reflecting the sea change in U.S. policy towards settlements (evidenced again this week by Ambassador Friedman’s remarks, detailed above). As Ir Amim details, Israel’s unrestrained advancement of settlement construction in East Jerusalem has been coupled with legislative schemes to change the borders of Jerusalem (annexing far flung settlements into Jerusalem and cutting Palestinian neighborhoods out of Jerusalem) in order to engineer a Jewish Israeli majority in Jerusalem.

Massive Jerusalem Development Deal for 20,000 New Apartments – Including Settlement Expansion Projects

On August 15th, the Jerusalem Municipality signed a $380 million deal with the Israel Land Authority to finance a plethora of projects across the city, including 20,000 new apartment units. While much of this development will be in West Jerusalem, some will reportedly be in the East Jerusalem settlements of Pisgat Ze’ev, French Hill, and Atarot. The Jerusalem City Council is expected to give final approval to the plan next week.

Israel Triples Size of New Settlement Industrial Zone In Hebron

According to The Jerusalem Post, on August 12th the Israeli government approved a plan that will triple the size of an industrial zone in the Kiryat Arba settlement in Hebron, approving 10 million shekels for the project. FMEP reported on the initial plans to build the Kiryat Arba industrial zone in March 2018, noting that the industrial zone is technically within the borders of the settlement but well outside of the developed lines of the settlement and beyond the fence that surrounds it – making it, in effect, a new Israeli settlement in Hebron. Now, the new settlement is set to significantly expand in one of the most volatile areas in the West Bank.

Knesset Sends Funds to New Settler Council in Hebron, Despite High Court Injunction

On August 12th, the Knesset Finance Committee approved 2 million shekels (about $550,000 USD) to fund the new local settler committee in Hebron. The Finance Committee requested that the money be disbursed to the Hebron settler committee “in accordance with an agreement in the past with MK Bezalel Smotrich,” (Habayit Hayehudi)…after the necessary professional and legal checks.”

The creation (via military order) of a new autonomous committee to represent and service a cluster of settlers living in enclaves in Hebron’s city center is being challenged by the Hebron Municipality. In response to the Palestinian petition, the High Court of Justice put a freeze on the plan, effective July 4, 2018, and gave the Israeli government 120 days to explain the legality of the plan. The petition argued that the military order creating the new body was intentionally vague in defining its legal and geographical jurisdiction, and pointed out that the new committee would be able to override decisions by the Hebron Municipality thereby stripping Palestinians of autonomy and representation in matters that directly affect them.

It is unclear from reporting if the Knesset Finance Committee’s decision to fund the new committee is related to the High Court’s ongoing consideration of the case. However, what is clear is that the Knesset is not concerned about undermining the High Court of Justice’s power over West Bank issues — indeed, the Knesset is actively pursuing that end with the recent passage of a new law stripping the Court of jurisdiction over land disputes and transferring it to a domestic Israeli Court, and with ongoing consideration of a bill that would allow the Knesset to reinstate laws that the High Court strikes down.

Knesset Approves Past Due Payment for the Construction of Amichai Settlement & “Temporary” Outpost

On August 12th, the Knesset Finance Committee approved the transfer of $9.5 million to pay contractors for their ongoing work on the first new settlement built with government approval in 25 years, Amichai, and a new “temporary” outpost for settlers whose homes were built on privately owned Palestinian land in the Netiv Ha’avot outpost and were recently demolished. Amichai is the new settlement approved as a pay-off to the settlers who were evacuated from the illegal Amona outpost. Construction on Amichai has begun, but has been interrupted several times due to lack of government cash, a problem ostensibly solved by this week’s cash transfer.

With respect to the new outpost for the Netiv Ha’avot outpost settlers, in February 2017 the Israeli government approved an unusual plan to place 15 mobile homes — connected to Israeli water, power, sewage, roads, and other infrastructure — at a site located near, but not within, the borders of the Alon Shvut settlement, in effect creating a new outpost for settlers evacuated from another outpost. When the High Planning Council initially approved the advancement of this plan in October 2017, it noted that “the plan is improper, but we will have to approve it as a temporary solution.” At the time, the Council ordered the government to go about expanding the borders of the Alon Shvut settlement to include the land. Under the approved plan, the new homes will be allowed to stay in that location for three years. However, based on past practice, it can be expected that within that time, or at the end of those three years, the site will “regulated” by Israel to become a permanent area of Israeli settlement.

In both cases – the Amichai plan and the Netiv Ha’avot plan – the Israeli government massively “compensating” citizens for the inconvenience of having been caught brazenly breaking Israeli law (i.e., for building without permits on privately owned Palestinian land). The two cases highlight the way in which the Israeli government not only encourages illegal settlement building, but generously incentivizes and rewards its. At this point, in addition to two new settlements, approximately 20 million shekels ($5.4 million) has been paid to the Amona evacuees and 15 million shekels ($4 million) to the Netiv Ha’avot evacuees.

Delay in Opening of new Jerusalem “Park” That Confiscates Palestinian Spring

A dispute between Israeli government agencies has led to a delay in the opening of a new Jerusalem tourist site – a park established for the express purpose of taking control over the Ein Al-Hanya spring,  which was historically part of the al-Walajah Palestinian village. Originally slated to open April 1st, the delay centers around a battle over who will fund the operations of the site. For now, the site is closed and the grounds are not being maintained.

Regardless of the dispute, Israel has implemented policies that prevent Palestinians from accessing the spring and surrounding lands, including illegally moving a police checkpoint to further choke off al-Walajah from Jerusalem. As detailed in Haaretz, the plan for the park includes three pools filled by the spring – two for Israelis and tourists, and one for al-Walajah residents to water their crops and flocks. However, that third pool for Palestinians has not been built, and the water “merely spills into the nearby wadi.” The other pools, like the park, are currently empty and fenced off.

Israel Evicts Palestinians from Bethlehem Home Despite Court Order

Haaretz reports that settlers have forcibly evicted a Palestinian family from their home near Bethlehem, in defiance of an Israeli court order. The Palestinian Samara family reports that settlers tricked them into leaving the property, after which settlers locked them out, forcibly evicted them and their belongings, and then used a bulldozer to demolish their home. The family has filed an appeal to the High Court of Justice.

The Samara family – which since the early 1980s lived in 3 small units within a larger apartment building – has been targeted for eviction by settlers since 2012, when ownership of the building was transferred to an American organization controlled by Irving Moskowitz, a major funder of Jewish settlement in East Jerusalem. In 2016, the Gush Etzion Regional Council was given jurisdiction over the compound to move in Jewish Israeli settlers. Since that time, the building has been taken over by settlers, except for 2 units in which the Samara family lived as protected tenants (the third was welded shut), based on an Israeli court ruling under which the building’s owner promised not to restrict access to the building for four members of the Samara family (no other family members or visitors were allowed access). Regarding the arrangement, the judge wrote:

“This arrangement will remain in force unless a different judicial order is issued after a legal proceeding instituted by one of the parties.”

As Haaretz notes, there does not appear to be a different or new judicial order that would change the 2016 agreement.

In 2017, the Samaras reported that a new settler family had moved into the compound and began harassing the family members who remained – prompting them to file a complaint on July 26, 2018 with the Israeli police in the Beitar Illit settlement. Two weeks later on August 6th, the family was forcibly evicted and their units were demolished.

Despite the Samara’s harassment complaint and a real-time call to the police while the eviction was taking place, Israeli police took no action to prevent settlers from evicting the Samaras, reportedly stealing their cellphones, and bulldozing the properties. The Beitar Illit police station even refuse to allow the Samara family to enter the station and file a complaint until a lawyer for the family got involved many hours later.

Following intervention by UNRWA, the family was allowed to return to search the site for their ID cards and other important belongings. Now homeless, the Samara are taking their case to Israel’s the High Court of Justice.

Bonus Reads

1. “A Palestinian Bedouin Village Braces for Forcible Transfer as Israel Seeks to Split the West Bank in Half” (The Intercept)
2. “Between Garbage and Sewage: Israel’s Future Plans for Khan al-Ahmar” (+972 Mag)
3. “Their Parents Settled the West Bank for Ideology, They’re Staying for the Vibes” (The Times of Israel)

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

To receive this report via email, please click here.

June 15, 2018

1. “Greater Jerusalem” Annexation Bill Back on the Agenda
2. Expanding a Settlement, Suffocating a Village – Har Gilo West vs. al-Walajah
3. Full Steam Ahead on 325 New Settlement Units Near the E-1 Settlement Area
4. Plans for Largest-Ever Settlement Industrial Zone, as Part of “Super Settlement” Area
5. Israel Admits: We Gave Settlers Part of Silwan Without Checking Who Owned It
6. Despite Pay-Offs and Promises, Settlers Violently Resist Netiv Ha’avot Demolitions
7. New Bill Would Hand Over Area C to the World Zionist Organization
8. Settler Whistleblower: Not Concerned With Law, Only Concerned with Dispossessing Palestinians
9. MK Introduces Bill to Dismantle the Civil Administration, Annex the Settlements
10. Settlers Kill Knesset Plan to Complete the West Bank Barrier
11. While No One Was Watching, Jerusalem Suburb Has Been Annexing “No Man’s Land”
12. Bonus Reads

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

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“Greater Jerusalem” Annexation Bill Back on the Agenda

Jerusalem Settlement watchdog Ir Amim reports this week that, the Ministerial Committee for Legislation (the body of Israeli Cabinet members which decides whether or not the  government will endorse legislation) is once again scheduled to discuss the “Greater Jerusalem” annexation bill. Members of the Ministerial Committee have long pushed for the Committee to consider the bill – with Ministers Ayelet Shaked (Jewish Home) and Naftali Bennett (Jewish Home) eager to secure government support for it – but Prime Minister Netanyahu intervened at the last minute to take the bill off of the committee’s October 2017 agenda, relegating the bill to political uncertainty. At the time, reports insinuated that Netanyahu blocked consideration of the bill due to international pressure. At the time the Trump Administration publicly stated it would not oppose the bill, but reportedly it discouraged movement on the bill at that time, apparently over concerns that it would undermine ongoing US efforts to engage other regional parties.

FMEP has regularly reported on the “Greater Jerusalem” bill, which was introduced in July 2017 by two members of Prime Minister Netanyahu’s own Likud Party, Yoav Kisch and Yisrael Katz. The bill proposes absorbing 19 settlements into the Jerusalem municipality (an act of incremental de facto annexation), allowing the settlements to participate in Jerusalem elections and be counted in the Jerusalem census. Earlier versions of the bill also included a clause that would have applied Israeli domestic law to these same settlements – another means of de facto annexation – but the clause was stripped from the (ostensibly) final version that the Committee is now set to consider.

FMEP continues to track the Greater Jerusalem bill in its weekly settlement reports and in its tables tracking annexation policies.

Expanding a Settlement, Suffocating a Village – Har Gilo West vs. al-Walajah

The Planning and Building Committee of the Gush Etzion Regional Council met on March 25th to discuss a 330-unit plan to expand the Har Gilo settlement onto a non-contiguous plot of land that would effectively seal shut the Palestinian village of al-Walajah. The Council’s discussion of the plan kicks off the official planning process; the next step will be a discussion by the High Planning Council and then deposit of the plan for public review.

The plan – called “Har Gilo West” – will nearly double the population of Har Gilo by building what is by all measures a new settlement on the far side of the Palestinian village of al-Walajah.  Ir Amim explains:

“Though publicized as an expansion of the Har Gilo settlement, the area demarcated for the plan is clearly distinct from Har Gilo, with the Palestinian village of Walaja and the Separation Barrier positioned in between the two… In effect, along with Har Gilo, the new development would create a wall of settlement around the West Bank portion of Walaja, completing a series of steps to entirely seal the village off from its surroundings.

…In the last decade, Israeli authorities have established several dramatic facts on the ground – including completion of the Separation Barrier around Walaja and a national park built on its land – to strategically address Walaja’s obstruction of Israel’s plan to absorb the Gush Etzion bloc into Greater Jerusalem. Har Gilo West should be seen in the context of this overarching geo-political goal. It is one more measure in a series of steps to disconnect the built-up area of Walaja from its surroundings, create an isolated enclave out of the village, and enable a contiguous Israeli controlled territory from Jerusalem to the Gush Etzion Regional Council.”

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.

Full Steam Ahead on 325 New Settlement Units Near the E-1 Settlement Area

On June 14th, the Israeli Defense Ministry deposited for public review a plan, previously approved by Israeli High Planning Council, to build 325 settlement units in the Alon settlement, situated on the northern edge of the area slated for the E-1 settlement, east of Jerusalem. The plan includes a residential zone, a commercial area, a park, roads and public buildings.

As FMEP has reported on repeatedly, the E-1 area has long been slated for Israeli settlement construction, but plans have been continuously delayed by the Israeli political echelon – due in large part to pressure from past U.S. administrations and others in the international community. E-1 is often called a “doomsday settlement” because it will seal Palestinian East Jerusalem off from the West Bank to its east, and creating a land bridge from Jerusalem to the Maale Adumim settlement that bisects the West Bank. The settlement will render the two-state solution impossible because it would preclude the ability to draw contiguous borders for a future Palestinian state with a capital in East Jerusalem.

East Jerusalem expert Danny Seidemann issued numerous warnings in 2017 that E-1 might be slated for advancement under the current settlement policy of the Netanyahu government and with no discernable counter-pressure from the Trump Administration. Seidemann warned in January 2017, “The main obstacle preventing a green light for E-1 has, until now, been wall-to-wall opposition from the international community, led by the United States (dating back to the era of President Clinton).”

Plans for Largest-Ever Settlement Industrial Zone, as part of “Super Settlement” Area

According to the settler-aligned Arutz Sheva media outlet, a number of settlement municipalities have agreed to a plan to build the largest-ever settlement industrial zone — in the area where Israel is planning to unite multiple settlements into one “super settlement area.”

FMEP reported on the future “super settlement” in February 2018, when rumors first broke about the government’s plan to unite several settlements (Elkana, Sha’arei Tikva, Etz Efraim, and Oranit). FMEP covered the story again in March 2018, when Palestinians began to protest the plan. By uniting the settlements, Israel will significantly increase the footprint of developed land, allowing for massive projects like the industrial zone. The four settlements and the land between them are located in the “seam-line” zone, the area created by the weaving route of the Israeli separation barrier that was built to keep many settlements on the Israeli side of the barrier despite being east of the 1967 Green Line.

The planning of the new mega industrial zone – which will cover 2 million square meters (nearly 500 acres) near the Shaarei Tikva, Elkana, and Etz Efraim settlements – has been delayed for nearly 10 years amidst disputes between competing settlement municipalities. Now, with the consensus amongst the planners, the proposal will be submitted for approval.

The head of the Samaria Regional Council, Yossi Dagan, said:

“this is a historic move that is expected to change the face of settlement in Samaria in general and the settlements of Samaria Gate in particular. The new industrial zone is planned on an area of ​​3,000 dunams (340 acres) north and south of Highway 5, and it will include areas for commerce and high-tech offices, areas for regional public buildings, and industrial areas.”

With a consensus around the location and details of the planned industrial zone, Arutz Sheva speculates that construction will begin by the end of 2018. The plan includes a major upgrade to a settler transportation hub, known as the Sha’ar Shomron interchange, which is expected to be a stop on the future settler-only light rail line slated to cut across the West Bank.

Arutz Sheva also reports that settlers are ready to submit another plan for a new cemetery to  be located east of the area where the industrial zone will be built, to “provide a regional response to the needs of the towns in western Samaria.”

Israel Admits: We Gave Settlers Part of Silwan Without Checking Who Owned It

Palestinian residents of the Batan al-Hawa section of the Silwan neighborhood in East Jerusalem have petitioned the High Court to stop the government facilitated settler takeover of a large area of their neighborhood and the eviction of 700 Palestinian residents.

In a hearing on the petition held on June 10th, the Israel government’s lawyer admitted that the State gave the land to the settler organization Ateret Cohanim without a proper investigation into the underlying legal status of the land and the buildings on it, but argued that the Palestinians’ petition should be dismissed because the land was granted to Ateret Cohanim  in 2002 (intimating that Palestinians should have petitioned against the move earlier). Ateret Cohanim facilitates and encourages Jewish Israelis to settle in Palestinian neighborhoods of East Jerusalem. Ir Amim reports that Ateret Cohanim’s takeover of land in Batan al-Hawa is, “the single largest takeover campaign in a Palestinian neighborhood of Jerusalem since 1967.”

According to Ir Amim, 17 Palestinian families have been evicted from the homes on the land since the deed was transferred in 2002. 83 Palestinian families, approximately 700 people, remain the target of eviction. Ir Amim writes:

“This well organized Ateret Cohanim campaign represents not only the displacement of an entire community but also the direct involvement of the Israeli government in facilitating private settlement in the Old City and surrounding band of Palestinian neighborhoods. The government has acted through the General Custodian and the Registrar of Trusts (both under the Ministry of Justice) to facilitate settlers’ seizure of Batan al-Hawa, as well as increasing its security budget by 119% from 2009 – 2016 to ensure the protection of radical Jews settling in the hearts of Palestinian neighborhoods in East Jerusalem.”

The Haaretz Editorial Board also weighed in vehemently criticizing the Israeli government’s handling of the case. The Board wrote:

“The settlement in Batan al-Hawa is the most problematic of all the settlements in Palestinian neighborhoods in Jerusalem. It is located in the heart of a crowded inner city, weighs heavily on the residents’ daily lives and is intended to prevent any diplomatic solution with the Palestinians. Every Jewish family there needs security that costs around 1 million shekels ($280,000) a year. But the damage doesn’t seem confined to Silwan. This settlement has also corrupted Israel’s bureaucracy.

When the administrator general and state prosecutors found that the 2002 decision had been mistaken, the only decent thing to do would have been to cancel it and freeze the eviction proceedings against the Palestinian families. Instead, government clerks and lawyers are fighting for eviction along with Ateret Cohanim. This is further proof of the extent to which the settlements have corrupted public administration in Israel. Now the issue rests with the High Court. Hopefully, despite the pressure being put on the justices, they will halt the oppression and corruption.”

On June 6, Peace Now published a backgrounder, “The Systematic dispossession of Palestinian neighborhoods in Sheikh Jarrah and Silwan.” Back in 2016, the Israeli human rights organization B’Tselem produced a comprehensive multi-media backgrounder on the threat to Batan al Hawa. Jerusalem expert Danny Seidemann has also published extensive background and analysis on the assault on Batan al Hawa (here and here).

Despite Pay-Offs and Promises, Settlers Violently Resist Netiv Ha’avot Demolitions

Approximately 1,000 Israeli settlers and their sympathizers gathered to protest the long-planned, court-ordered demolition of 15 structures built on privately owned Palestinian land in the unauthorized Netiv Ha’avot outpost. The demolitions were completed on June 14th. Dozens of settlers barricaded themselves inside the last two structures to be demolished, some of whom hurled stones and other objects at Israeli policeman who were forced to drag them out of the buildings, resulting in thirteen injuries to police officers. Three suspects were arrested, but released a day later.

Touting the growing governmental effort to compensate the settlers of Netiv Ha’avot for paying a price for their illegal activity, several prominent leaders from the Jewish Home party joined protesters at the outpost during the demolitions, including Justice Minister Ayelet Shaked, who said:

“The evacuation is the result of a serious mistake. It began with an erroneous response from the state several years ago, but that was fixed from the root, and ended with an erroneous High Court decision. The news is that it ends here. In the past three years, we have changed the discourse. Instead of asking, ‘When are we evacuating?’ we’re asking, ‘How do we regulate?’”

Education Minister Naftali Bennett also attended and said:

“Whoever wishes to raze 15 homes will receive 350 on this hill. This is a difficult evening. It is incomprehensible to the residents of the Netiv Ha’avot neighborhood and to anyone who has settled the precious Land of Israel. It’s absurd. I cannot recall a legal action as irrational as this. The campaign will not be won until the prime minister abides in full and builds a huge neighborhood here on this hill.”

Agriculture and Rural Development Minister Uri Ariel (Jewish Home) was also on hand and said:

“There’s no benefit in demolishing homes and driving people from their homes. The High Court hearing was conducted as if it was in Sodom and Gomorrah, but we won’t give in. We won’t let this keep us from settling throughout the Land of Israel.”

In contrast, Peace Now declared a partial victory against illegal settlement growth, saying:

“After 17 years of theft, evasions, delays, and manipulation, justice is being served as the private land on which the Nativ Ha’Avot outpost was built is being vacated, in line with the High Court of Justice’s ruling. We hope these evictions will send a clear message that crime does not pay, and that anyone who builds on land without authorization or even purchasing it first will ultimately be compelled to leave. Peace Now will continue to monitor all settlement construction in the West Bank, and will fight against any land theft or attempt to destroy the viability of a two-state solution.”

However – as the Jewish Home party leaders made clear – the victory is not complete, as the Netiv Ha’avot settlers have successfully waged a public shaming campaign against the government for failing to prevent the enforcement of its laws against the settlers. As reported succinctly by The Times of Israel, various arms of the Israeli government are currently working in concert to retroactively legalize the remaining structures in the Netiv Ha’avot outpost and to prepare plans for 350 new units there. In addition, the government has already rewarded Netiv Ha’avot with what is effectively a new outpost built for the settlers affected by the demolitions – settlers who will additionally receive a monetary compensation package paid for by Israeli taxpayers for their misfortune of having built illegally on land that is owned by Palestinians. For more background, see Peace Now’s comprehensive recap of the Netiv Ha’avot saga.

New Bill Would Hand Over Area C to the World Zionist Organization

Peace Now reports that the Knesset is moving a bill that would transfer the responsibility of “managing” rural land in Area C of the occupied West Bank to the Settlement Division of the World Zionist Organization (WZO), a body dedicated to the establishment and development of settlements, whose activities have been dogged by fraud and illegalities for decades.

The bill was introduced by MKs Bezalel Smotrich (Jewish Home), Yoav Kisch (Likud), and David Bitan (Likud), and it passed through the first of three Knesset readings on June 13th. Reportedly, the bill will be put on hold for two weeks so the government has time to examine the possibility of achieving the same result through a Cabinet decision, avoiding the politics and pushback that might come in Knesset debate.

As Peace Now notes, under international law Israel, as an occupying power, cannot grant non-governmental organizations the authority to manage lands outside of its borders.

Peace Now said:

“The Knesset today approved a bill allowing five decades of land theft, delinquency and corruption under the guise of ‘unique characteristics and development of settlement.’ Despite stacks of State Comptroller reports, complaints from legal advisers and evidence of criminal offenses, 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.”

Peace Now also provides an excellent overview of the activities the WZO has engaged in since 1968, when the Israeli government gave the organization’s Settlement Division the authority and the funding to build settlements in the occupied territory. The arrangement worked for the Israeli government, by contracting out settlement building the government found a way to escape the rules, restrictions, and transparency norms that inhibit government bodies from operating freely. Peace Now reports:

“The Settlement Division manages the land without any transparency, contrary to the rules of proper administration, without supervision, and sometimes with corruption and fraud. Thus, for example, the Settlement Division gave settlers in Amona, Giv’at Haulpana, Mitzpeh Kramim and others the rights to build on what was private land belonging to Palestinians.”

For more information on the WZO, and for background on a High Court case seeking to make the WZO’s land holdings public, see the Peace Now report. The legal issues with the WZO’s operations were highlighted in the official report by Talia Sasson, commissioned by Ariel Sharon. Also see media reports: here, here, here, and here, for example.

Settler Whistleblower: Not Concerned With Law, Only Concerned with Dispossessing Palestinians

The Israeli daily newspaper Yedioth Ahronoth published a comprehensive investigation into the leaders of the publicly-funded Regavim settler group. The group’s stated mission is “to ensure responsible, legal, accountable & environmentally friendly use of Israel’s national lands and the return of the rule of law to all areas and aspects of the land and its preservation.” The investigation reveals, however, that the organization’s efforts to identify and stop illegal construction are merely a tool to dispossess Palestinians of their land.

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

The outlaw behavior of Regavim leaders is more consequential than just 15 units.  The investigation also details how leaders of the group have helped to illegally establish settlements at the cost of Palestinians. Yediot Ahronot reports:

“Somehow, all this doesn’t prevent the movement and its representatives from appealing to the High Court of Justice in dozens of petitions, and to successfully act as the guarantors of law and order to eliminate construction violations. Among other things, Regavim operates in sensitive areas of international interest, such as a legal proceeding following which 76 members of [U.S.] Congress recently demanded that the government not demolish Palestinian homes.” [referring to Khan al-Ahmar]

Dror Etkes, founder of the anti-settlement watchdog Kerem Navot, commented:

“Regavim’s lie holds no water: they preach action against illegal construction, but live in illegally built homes. They talk about the ‘rule of law’ as they violently transgress it.  The findings exposed today indicate that Regavim is in fact an enemy of the principle of ‘rule of law,’ which its members use manipulatively to strip it of its meaning.”

J Street weighed in on the investigation, urging:

“Yedioth Ahronoth’s report underscores the long-term impact and agenda of the settlement movement. For decades, they have moved aggressively to build housing in — and push Palestinians out — of key parts of the occupied territory, with varyingly strong degrees of support from successive Israeli governments…The fanatical ideology of Regavim and the broader settler movement — along with their allies in the Netanyahu government and the Trump administration — must be confronted.”

The report and investigation was published two weeks after the Israeli High Court of Justice upheld demolition orders against the Khan al-Ahmar Bedouin community, a case that Regavim and its supporters in the government (including Jewish Home MK Bezalel Smotrich, who founded Regavim in 2006) have been pushing for years. MK Smotrich and Regavim are simultaneously pushing legislation like the settlement “Regulation Law,” which seeks to retroactively legalize Israeli settlement activity that does not comply with Israeli planning and building law. The Regulation Law, which FMEP has reported on extensively, will resolve the conundrum of demolishing unauthorized Palestinian building while legalizing unauthorize Israeli building by gutting the rule of law entirely.

MK Introduces Bill to Dismantle the Civil Administration, Annex the Settlements

Punctuating a busy week, MK Bezalel Smotrich (Jewish Home) announced that he has submitted a new bill to dismantle the Israeli Civil Administration, the governing body of the West Bank (operating under the Israeli Defense Ministry). Smotrich also featured prominently in the investigative report into Regavim (covered above), participated in the protests at the Netiv Ha’avot outpost (covered above), and saw his bill to empower the World Zionist Organization to manage Area C pass through its first reading (covered above).

According to a report by the settler-aligned Arutz Sheva media outlet, Smotrich alleged that the Civil Administration’s “lack of modern computing and mapping tools” is the real culprit behind the accidental, illegal settlement construction that necessitate legislation like the settlement “Regulation Law.”

Speaking at a conference organized by Regavim, Smotrich said:

“The Civil Administration has no normal website, no access to the public. A lot of the mistakes that led to the enactment of the [settlement] regulation law were caused by a lack of modern computing and mapping tools. There is very little organizational memory in the Civil Administration system because many of them are military personnel who change positions every two years. If I want to buy an apartment in Tel Aviv, within three minutes a document will arrive in my email. In order to sell or buy a house in Judea and Samaria, I have to enter a military base and go through an archaic system with a clerk who still works with binders and then wait for weeks to receive any documents. The bill sets a target date for the dismantling of the Civil Administration, and the Administration’s responsibilities will be distributed to the various government ministries, as already happens today, for example, in the Education Ministry. This is the right thing in terms of democracy, it is the right thing in terms of values, [and it puts us] on the path to normalization in Judea and Samaria. Also on the practical level it improves services to the citizens.”

The report on Smotrich’s new bill does not mention anything regarding the future of the Palestinians, who lives are governed, in virtually every aspect, by the Civil Administration.

Settlers Kill Knesset Plan to Complete the West Bank Barrier

Israeli settlers have successfully lobbied the Knesset to kill, for a third time, a bill to compel the Israeli government to finish building the West Bank the separation barrier. The Knesset voted to reject the bill 42-23. The government has failed to complete the construction, which began in 2002 amidst international outrage and allegations of war crimes, despite the adamant arguments of the Israeli government that the wall is a security necessity. According to B’Tselem, only 65% of the barrier has actually been erected – leaving significant gaps that seem to undermine the security logic of the barrier. Adding to that, 85% of the barrier is located inside West Bank territory, creating one form of de facto annexation of the areas on the Israeli side of the barrier, which include a long list of Israeli settlements and surrounding lands for their expansion.

In Al-Monitor, Mazal Mualem explains:

“…the right is concerned that an Israeli initiative of putting up a fence that separates West Bank settlements from Palestinian villages around them would constitute an official endorsement of a future border between Israel and a Palestinian state.”

The bill was pushed by members of the Zionist Union coalition on the left – without the support of the Joint List MKs (representing Palestinian citizens of Israel) – who stress the security imperative of closes the existing gaps. Avi Gabbay, head of the Labor Party, slammed the government’s foot-dragging, saying that delaying the completion of the barrier risks allowing the next terrorist attack Israel. Gabbay said the Netanyahu government is:

“simply afraid of settlers who don’t want to close the gaps for political considerations. These so-called political considerations damage the security of the State of Israel.”

Gabbay’s coalition partner, Tzipi Livni who heads the Zionist Union, explained the left-wing coalition’s rationale for supporting the barrier. Livni said:

“If you support the idea of two states for two people, you need to support this fence. At the beginning, we need a border between us and the Palestinians and then maybe in 50 years, when we live happily ever after, we can dismantle it. For now, this is the concept: security for Israelis but also dividing the land into two states for two peoples.”

The annexation of the West Bank land on the Israeli side of the barrier is an implicit assumption of Gabbay and Livni’s statements.

While No One Was Watching, Jerusalem Suburb Has Been Annexing “No Man’s Land”

For decades, the Israeli government has expanded the Jerusalem neighborhood of Mevasseret Zion into the no-man’s land between the internationally recognized 1967 Green Line and the Israeli separation barrier. Kerem Navot, an anti-settlement watchdog, recently discovered the cross-border expansion – which is plain to see on Google maps – of the neighborhood, along with a slew of other buildings, including a water facility and a synagogue. Additionally, the Israel Land Authority is advancing plans to build 300 new homes in the northern part of Mevasseret Zion, where it crosses over the Green Line.

Dror Etkes, the founder of Kerem Navot, told Haaretz:

“It’s obvious that the planners of this neighborhood knew very well where the Green Line runs. But they chose to ‘straighten’ the line there in order to make room for a few dozen more homes. It’s only natural that the state, which for decades has been investing massive resources in seizing control of the space of a neighboring people, should also expand communities situated within the Green Line into the West Bank. The amazing thing is that any sort of effort is being made still to maintain the distinction between communities within the Green Line and the settlements, since the declared policy of most of Israel’s governments in the past five decades was and remains the very opposite.”

A spokesman for the Mevasseret Zion neighborhood – whose residents almost certainly did not know they were living in a settlement –  issued a disgruntled statement regarding the discovery and the Israel Land Authority’s plan to expand the encroachment:

“The plan currently being promoted [by the Israel Land Authority] is vigorously opposed by the council and the local residents, and they are working together to block the project. The council and residents object to the plan going ahead with regard to both the areas across the Green Line and those in the permitted areas.”

Bonus Reads

1. “Ex-Jewish Agency Chief Slams Fellow Settlers Over Eviction of Neighboring Bedouin” (Haaretz)
2. “Israel’s New Tool for Disposessing Palestinians” (Haaretz)
3. “The Silent Transfer of Palestinians from Area C” (Ynet)

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

To receive this report via email, please click here.

June 8, 2018

1. Government to High Court: The “Regulation Law” Has Flaws, But Striking it Down Would ‘Undermine the Knesset’s Sovereignty’
2. Attorney General to High Court: “Regulation Law” Should Be Overturned, But Not Because of International Law
3. Petitioners to High Court: Settlement “Regulation Law” Violates International Law, Must Be Struck Down
4. Knesset Pushes De Facto Annexation with New Tax Legislation
5. Settlers Plan Protest Against Netiv Ha’avot Outpost Demolitions
6. Defense Ministry Reassures Knesset About Plan Stop “Palestinian Takeover” of Area C
7. Wild Wild West: Government Funded Horse Farms Built Illegally on Palestinian Land
8. Bonus Reads

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

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Government to High Court: The “Regulation Law” Has Flaws, But Striking it Down Would ‘Undermine the Knesset’s Sovereignty’

The Israeli High Court of Justice heard oral arguments on the settlement “Regulation Law” on Sunday, June 3rd. The law was passed by the Knesset in February 2017 to provide an avenue for the Israeli government to seize privately owned Palestinian land for settlements and outposts. For a more detailed explanation and chronological documentation of the “Regulation Law” and the events related to it, see FMEP’s tables tracking annexation policies here.

The Israeli government was represented by private attorney Harel Arnon, and the Israeli Knesset was represented by attorney Eyal Yinon. Though arguing separately, Arnon and Yinon made some of the same flabbergasting arguments in defense of the extraordinary concept that Israel can and must legislate laws for the occupied territories, outside of Israel’s sovereign borders, and that in doing so it has the right, and even the necessity, to trample the basic concept of the sanctity of private property ownership. Their defense, which reads like a laundry list of the classic logic fallacies, argued (and threatened):

1. False Dilemma/False Choice fallacy: Arnon admitted, “It’s possible to find a flaw here and there; but in the end, there is no other solution.” Yinon argued that the Court should try to fix the law instead of striking it down.
2. Slippery Slope fallacy: Arnon argued, “The Knesset has the right to dictate the rules of the games of the legal system” threatening, “If the High Court lets international law trump Israeli Knesset laws, then soon it will need to worry about petitions against Israeli control of the West Bank and Golan areas which until now were not in play.”
3. Two Wrongs Make a Right, Tu Quoque (“you too”), and False Dilemma/False Choice fallacies: Since the government helped finance and plan settlements and outposts built on private Palestinian land, it cannot punish the settlers now. Arnon said that the government has “spoken in two voices,” on the one hand financing the settlements, and then calling them illegal in retrospect.
4. Appeal to Pity fallacy: The lawyers doubled down on the “distress of the settlers” argument made in written defenses submitted to the Court last year. They argue that the law is a response to the plight of Israeli settlers whom government has thus far left hanging out to dry. Yinon argued, “extraordinary measures must be taken to address the real distress” of the settlers.
5. Appeal to Ignorance and Equivocation fallacies: Arnon argued, “I do not know of a case in which they [the government and/or the settlers] took control of private land and expelled its owners. These are lands that were uncultivated and unregulated, and there was a basis for assuming that they would become state land in the future.” The argument suggests that legal ownership of the land is a technical and irrelevant matter. It also suggests that the Palestinians did not use or want their own land — until Israelis took it — and they are just trying to cause problems.
6. Ad Hominem fallacy: Arnon told Israel Radio that the petitioners have “a political motive, and not concerns for the landowners’ interests…” He also noted that “the law allows for generous compensation or alternative land, while leaving the settlers in their homes.”
7. Straw Man fallacy: Arnon asserted that the effort to strike down the law “has only one purpose – to destroy the settlement enterprise.”

Arnon ventured to give the High Court three government-approved ways to move forward:  allow the Regulation Law to stand, warts and all; amend the law by somehow shrinking its scope; or withhold judgement on the law and instead instruct the Knesset on how to amend the law so that it does not run afoul of the Court. The High Court does not have to choose any of Arnon’s options.

Attorney General to High Court: “Regulation Law” Should Be Overturned, But Not Because of International Law

Attorney General Avichai Mandleblit – who has made his opposition to the legal framework in the “Regulation Law” abundantly clear by refusing to represent the government in the case – was not present for the oral arguments at the High Court this week, but his office was represented by attorney Anar Helman. Helman told the court:

“In the attorney general’s opinion the Regulation Law is null and void…In the attorney general’s view, the dominant feature of this law is insensitive to human rights of those whose rights were violated—the Palestinian resident who have rights over the lands. There is no balance…Neither the Palestinians’ nor the Israeli citizens’ right to property is absolute, but the Regulation Law’s purpose is not to strike a balance (between the two) but to mainly promote the regulation for the betterment of Israeli settlements.”

Helman called for the law to be struck down based on Israeli domestic law, but lended the Attorney General’s support to the utter disregard for international law which formed the basis of the Knesset and State’s defense of the law (see the section above). Helman told the Court to put aside issues of international law, to be decided on another day.

Helman’s hedging on international law is consistent with the Attorney General’s prescription of an alternative legal basis by which Israel can (and should) regulate land disputes in the West Bank. In his written opposition to the Regulation Law, AG Mandelblit endorsed the concept of expropriating privately owned Palestinian land for settlements based on the “Market Regulation” principle. That principle – which is being swiftly adopted by the Israel government as a new and powerful tool to – justifies the Israeli government expropriating privately owned Palestinian land in order to retroactively legalize settlement structures and outposts, based on the fact that the illegal settler construction was undertaken “in good faith.”

Notably, Chief Justice Hayut criticized all three attorneys who argued on behalf of government bodies for having “openly avoided those issues” of international law.

Petitioners to High Court: Settlement “Regulation Law” Violates International Law, Must Be Struck Down

The groups challenging the Regular Law – including Yesh Din, Peace Now, Adalah, and ACRI on behalf of 40 Palestinian local councils – presented the Court one straightforward, clear-cut, legally decisive argument: The “Regulation Law” violates international law. This is the very same argument that the lawyers representing the State, the Knesset, and the Attorney General attempted to persuade the Court to completely reject or ignore.

Attorney Michael Sfard, representing Yesh Din, argued that international law only allows an occupying power to temporarily seize land for security needs, not to “take land from Mousa [in order] to give it to Moshe.”

Representing Adalah, attorney Hassan Jabareen argued that the basic premise of the government’s defense – that the Knesset has authority to legislate Palestinian affairs in the occupied West Bank – is illegitimate. Jabareen explained that the Knesset’s assertion of power over West Bank affairs (and the government’s defense of it) constitutes a “legal revolution” which seeks to change the norm that has maintained a separation between Israel’s domestically elected government and the Israeli military’s administration of the occupied territories.

Attorney Suhad Bishara, representing Adalah, told the High Court, powerfully:

“This law, intended to authorize theft of land, is illegitimate and violates international humanitarian law. This law makes the Palestinian invisible. They take from me because I am Palestinian. Legally, I do not exist. My rights do not exist. They take from me by force because I am under occupation.”

Knesset Pushes De Facto Annexation with New Tax Legislation

The Knesset’s Interior Committee sent a bill to the Knesset plenum which seeks to extend Israeli law into the West Bank (an act of de facto annexation) in order to send certain Israeli tax revenues to settlements. Current Israeli law allows tax funds to be transferred between communities inside of sovereign Israel, a tax sharing arrangement that stops at the Green Line; the bill advanced this week will allow a one-directional transfer from Israel into West Bank settlements, with the Interior Committee discussion making it clear that the law will not allow tax revenue from wealthy West Bank settlements to be brought into sovereign Israel.

The Haaretz Editorial Board eviscerated the bill in a piece titled “The Knesset Wants Apartheid.” In it, the Editors write:

“The current Knesset is persistently carrying out a creeping legal annexation of the occupied territories, applying more and more Knesset laws to the West Bank while erasing the Green Line…This government is acting for the settlers’ interests on two levels: It is advancing bills intended to blur the distinction between the sovereign state of Israel and the settlements. At the same time, it continues to conduct clear financial discrimination in favor of the settlements, which receive much more generous government funding and have the status of a national priority region.”

Joint List MK Yousef Jabareen criticized the bill, saying

“its goal is to legitimize funneling municipal taxes and other taxes collected in Israel to settlements in the occupied territories…In practice this is another in a series of annexation bills the rightist government is advancing to apply Israeli law beyond the Green Line.”

Peace Now slammed the bill, tweeting:

“Are you an Israeli within the Green Line? The @netanyahu govt is advancing a bill to send your property taxes from localities within Israel to those in the settlements. As for Israeli communities affected by Gaza rocket fire, for this govt they take a back seat.”

The flow of tax revenue from sovereign Israel into the settlements is a complex and multifaceted issue. According to Adva, an Israeli NGO which produces an annual report documenting the price of the occupation, approximately 25% of Israel’s annual budget goes to the Defense Ministry, which administers all affairs in the Occupied Territories. However, the Defense Ministry is a black hole when it comes to its books, and it is unclear how much of the government’s tax-payer funded budget goes towards settlements or the occupation more generally. If passed into law, this new bill will only add to the extraordinarily high cost of the occupation that is levied on Israeli taxpayers.

Settlers Plan Protest Against Netiv Ha’avot Outpost Demolitions

Settlers from the Netiv Ha’avot outpost are planning a final protest against the demolition of 15 structures in the outpost which are slated to be demolished on June 12th. According to a report from Arutz Sheva, a settler-aligned media outlet, the settlers and their allies are planning to rally against the demolitions as they take place. Just this week a group of settlement-based rabbis penned a letter calling for the Israeli public to join the demonstration.

According to a seperate report by the Arutz Sheva, the head of the IDF Central Command has been negotiating with the settlers regarding the protests. Under a reported agreement, “violence is not expected, and there will be passive resistance in 2 of the 15 houses” (whatever that means). Last year, when the IDF moved in to demolish another structure in the Netiv Ha’avot outpost protests against the demolition turn (mildly) violent. Israeli soldiers had to drag settlers out of a building one-by-one, and settler set tires on fire in an attempt to prevent the IDF from reaching the unauthorized structure.

The planned demolitions are just the latest development in the saga of Netiv Ha’avot. After a protracted legal battle the High Court refused to compromise on the demolition plan, so the state and the Knesset has been advancing legislation that will retroactively legalize the entire outpost, creating in effect an entirely new, official settlement to house the settlers who will be displaced by the demolitions next week, and – to top it all off – to create a slush fund to pay-off the settlers impacted by the demolitions.

Defense Ministry Reassures Knesset About Plan Stop “Palestinian Takeover” of Area C

A report from the settler-aligned (and Sheldon Adelson-backed) media outlet Israel Hayom detailed the proceedings of an emergency hearing – held by the Knesset’s Foreign Affairs & Defense Subcommittee on Judea and Samaria – entitled, “the Palestinian Authority’s strategic takeover of Area C.”

During the hearing the Defense Ministry’s settlement affairs secretary, Kobu Eliraz, told Knesset members that the Defense Ministry is “familiar” with the Palestinian Authority’s alleged efforts to take over Area C and is “pursuing operative, legal and administrative measures to stop it. We have an orderly work plan in place that includes clear objectives.” Eliraz also noted that the Defense Ministry has stopped nearly all “illegal” funding from the European Union for Palestinian communities in Area C.

Colonel Uri Mendes, deputy head of the Civil Administration, was also in attendance and noted that the Civil Administration (which is the body of the Israeli Defense Ministry which, under current Israeli law, acts as the sovereign power administering Palestinian affairs in the West Bank) meets once a month to discuss illegal Palestinian construction in Area C.

The Knesset committee hearing and the comments of the Defense Ministry officials represent an extraordinary manipulation of the facts regarding Area C — a term which refers to the 60% of the occupied West Bank which the Oslo Accords temporarily assigned to complete Israeli control (civil and security) as part of an interim agreement designed to remain in place for a short period pending  conclusion of final status negotiations. Since then, Israel has implemented a discriminatory planning policy in Area C, which B’Tselem says is aimed at “preventing Palestinian development and dispossessing Palestinians of their land.” While implementing a planning system under which it is nearly impossible for Palestinians to obtain building permits, Israel routinely enforces demolition orders against Palestinian structures built without the permissions.

The facts well-documented facts regarding construction, demolition, displacement, and settlement growth show clearly that it is, in fact, Israel who is implementing an unapologetic and undisguised takeover of Area C. Members of the Knesset and the Defense Ministry do not try to hide that fact, evidenced not only in the subcommittee hearing but also in the growing call for Israel to unilaterally annex Area C. Just this week, punctuating the effort to normalize Israeli de facto annexation of Area C, Israeli Foreign Minister Tzipi Hotovely asked the travel site TripAdvisor to designate “Israel” as the location of hotels that are located in Area C settlements (the site currently lists the location, accurately, as “Palestinian Territories”). In a letter to the CEO, Hotovely argued that “There must be no politicization of sites in Judea and Samaria that fall under Israeli control.” TripAdvisor declined the suggestion, replying that the site “complies with international tourism industry standards.”

Wild Wild West: Government Funded Horse Farms Built Illegally on Palestinian Land

A new report by Kerem Navot, titled “Blazing Saddles,” reveals that government-funded horse farms in the West Bank are an increasingly popular and effective way in which settlers are illegally seizing Palestinian land.

The report maps the locations and examines the legal status of 65 such horse farms: 28 are professionally operated as business ventures, while the remaining 37 are private, hobby stables. In total, 31 horse farms (11 professional and 20 private) are built partially or entirely on privately owned Palestinian land.

The report also explains how government money is flowing to many of the professional horse stables through healthcare organization which fund therapeutic riding lessons as a treatment for patients (many of whom are living in sovereign Israel and traveling to the West Bank settlements for riding lessons).

Kerem Navot also reports:

“Illegal construction of stables and horse farms in settlements and outposts is also well known to the civilian body responsible for enforcing planning and construction laws in the West Bank, namely the Civil Administration. Over the years, the Civil Administration’s supervision unit has issued no fewer than 44 demolition orders for illegally constructed Israeli structures that are used as stables and horse farms. Needless to mention, as with the vast majority of demolition orders issued by the Civil Administration over the years for thousands of structures in settlements and outposts, in most of these cases nothing was done to implement the orders, evacuate the structures, demolish them, or punish the perpetrators.”

Bonus Reads

1. “Will Israel Annex the Jordan Valley?” (Al-Monitor)
2. “The Israeli gov’t is arguing that annexation is good for Palestinians” (+972 Mag)
3. “Israel’s Land-Grab Law is a Brazen, Decisive Step Towards Annexation” (Haaretz)S

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

To receive this report via email, please click here.

March 9, 2018

1. New Settlement in Hebron
2. Palestinians Protest Rumored Plan to Unite & Expand Settlements Near Qalqilya
3. High Court Reviewing Government Practice of Paying Off Settler Law-breakers
4. Israel’s New West Bank Commander Promises to Defend the Settlements
5. Documents Reveal: Government Funds Are Going to Unauthorized Outposts
6. Israel Admits Theft of Spring was Carried out Illegally, Promises Court to Steal it Properly
7. EU Report Shows Major Acceleration in Settlement Planning
8. Settlement-Related AIPAC Conference Happenings
9. Bonus Reads

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

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New Settlement in Hebron

Signaling the start of construction on what is effectively a new settlement in Hebron, settlers have moved four caravans onto a site located around a kilometer from the border fence of the radical Kiryat Arba settlement, on a site designated to become a new industrial zone for the settlement. The Civil Administration (a branch of the Israeli Army which is the sovereign ruling power in the occupied West Bank), told the press that the new industrial zone is being built on land seized decades ago by Israel as “state land,” according to a plan approved in “accordance with procedures.”

The anti-settlement watchdog organization Peace Now disputes the Civil Administration assessment of the project. Peace Now notes that the project takes advantage of a plan for the Kiryat Arba settlement that was approved 30 years ago (in 1988), but never executed — and that present day realities are much different than they were 30 years ago. Peace Now notes, too, that the project is located well outside of the developed lines of the settlement and beyond the fence that surrounds it – making it, in effect, a new Israeli settlement in Hebron.

Peace Now said:

“This is Prime Minister Netanyahu’s gift to U.S. President Trump on the day of their meeting. For years, Israeli governments have refrained from establishing new settlements, especially in as sensitive a place as Hebron, but in recent months the Netanyahu government has permitted settlement activity without restraint and has taken steps that undermine the chances of a two-state solution. The new settlement near Hebron is liable to cause significant harm to the lives of dozens of Palestinian families who live nearby who are expected to suffer new security arrangements that will restrict their freedom of movement and harm the daily fabric of their lives.”

OCHA recently published a timely new report titled, “The Humanitarian Impact of Israeli Settlements in Hebron City.” The Kiryat Arba settlers and their security arrangements in the city are important contributing factors to the combined humanitarian toll settlements take on Palestinian residents of Hebron, whose entire lives – including freedom of movement, ability to engage in commerce, and access to education – are acutely strangled by the presence of Israeli settlers.

Palestinians Protest Rumored Plan to Unite & Expand Settlements Near Qalqilya

Since FMEP’s initial report on February 2018, scant further details have emerged regarding Israel’s rumored plan to unite four settlements near Qalqilya into a super settlement, thereby significantly expanding the collective footprint and population of those settlements. Nonetheless, Palestinian fears are growing about the plan’s implementation, which the governor of Qalqilya Rafi Rawajba recently called “state terror.” 

Qalqilya residents have long held weekly protests against Israeli settlement expansion and the separation wall (while in some areas the separation barrier is composed of fencing, the city of Qalqilya is surrounded on all sides by a high cement wall, with only a narrow opening left for access into the rest of the West Bank). This past week, the Israeli army violently dispersed the protests, reportedly using rubber coated bullets, tear gas, and stun grenades.

The plan to unite and expand Qalqilya-area settlements should be understood alongside the July 2017 political battle that ultimately killed the implementation of a plan to build new homes and infrastructure for Palestinians in Qalqilya, which in addition to being surrounded by the Israeli separation wall is also the West Bank’s most densely populated city. The plan – which was formulated and defended by Israeli Defense Minister Avigdor Liberman, would have granted Israeli permission to the Palestinian Authority to double the size of Qalqilya by building on land in Area C (the 60% of the West Bank where the Palestinian Authority is not allowed to operate).

High Court Reviewing Government Practice of Paying Off Settler Law-breakers

The High Court of Justice temporarily blocked the Israeli government from offering monetary compensation to residents of illegal settlement outposts whose homes are demolished by the government of Israel. Such homes were built illegally according to Israeli law, and oftentimes on privately owned Palestinian land. The ruling ordered the government to submit a defense of the practice by March 12th.

The High Court’s ruling is in response to a petition filed by Israeli lawyer Shachar Ben Meir that specifically challenges the legality of Israel’s decisions to pay-off settlers evicted from the outposts of Amona and Ofra, as well as a recently approved pay-off for Netiv Ha’avot outpost settlers. None of those pay-offs have actually been transferred to date, and the ruling this week freezes the government’s ability to do so.

Ben Meir told the Times of Israel:

“The state cannot compensate building offenders for their homes being demolished when they built without a permit on land that wasn’t theirs. And if it decides to do so, it must be according to rules that are equal to everyone.”

It is worth noting that when it comes to “illegal” Palestinian construction in East Jerusalem – that is, construction on land owned by Palestinians but for which Israel has not (and generally will not) approve plans for building — Israel not only doesn’t compensate them financially for their loss, but it charges them for the cost of the demolition unless they demolish their own home first (called a self-demolition).

Israel’s New West Bank Commander Promises to Defend the Settlements

In a transfer of power ceremony this week, Major General Nadav Padan was sworn in as the new head of the Israeli Defense Force Central Command, becoming the highest ranking Israeli official in charge of all Israeli affairs in the West Bank. In his speech, Padan committed to “enabling a [high] quality of life for both Israelis and Palestinians while maintaining the rule of law and the spirit of the IDF.”

The outgoing commander also gave a speech at the ceremony, in which he embraced and praised the the settler population as a whole, while admonishing settlers leaders, saying:

“Regrettably, there is still a small handful of settlers challenging authorities as well as law and order. I urge you to continue to act and denounce this group”

Maj. Gen. Padan takes over the West Bank after serving previously as, among other things, the top general leading Israel’s incursion into Gaza during the summer of 2014, known in Israel as “Operation Protective Edge.” That assault lasted 50 days, during which Israel lost 66 soldiers and four civilians, while according to the United Nations, 2,131 Palestinians were killed, of which 1,473 were civilians, 501 were children, and 257 were women.

Documents Reveal: Government Funds Are Going to Unauthorized Outposts

In response to a freedom of information request filed by Peace Now, the Israeli government released a trove of documents revealing that the Binyamin Regional Council – which receives government funding – has been funding infrastructure in far-flung outposts built without authorization and therefore considered illegal according to Israeli law (all settlement activity – whether or not it is permissible under Israeli law – is illegal under international law). The Binyamin Regional Council is the largest settler regional council and acts as a governing body officially representing 42 settlements (and unofficially many illegal outposts), covering a large area starting just north of Jerusalem and reaching almost to Nablus.

The government data shows that the Council spent $1.9 million over a three-year period to finance 24 projects in illegal outposts, including access roads, youth clubs, temporary homes, and two preschools. All of the projects lack permits (issuance of permits would be impossible, since the outposts themselves are unauthorized).

Avi Roeh, the elected head Binyamin Regional Council, defended the projects – telling Haaretz:

“every community located on state land, and this is true for these places such as Kida, Adi Ad, Esh Kodesh, etc., we intend on legalizing them. It is taking its time and in the meantime there are children and families there”

Peace Now Settlement Watch Director Shabtay Bendet responded:

“The Mateh Binyamin Regional Council is supposed to be the one to enforce the law and act according to it. Not only does it not enforce [the law], it funds and promotes illegal projects with our public funds. No police investigation has been opened on the matter. We call on the legal authorities to open an investigation.”

Israel Admits Theft of Spring was Carried out Illegally, Promises Court to Steal it Properly

This week Israeli government admitted to the Jerusalem District Court that permits were issued illegally to relocate a military checkpoint near the city of al-Walajah in order to prevent Palestinians from accessing a historic natural spring (See FMEP’s Feb. 22nd Settlement Report for more details on the scandal surrounding construction of the new checkpoint). Though admitting that the permits were granted illegally, the government suggested it was merely a bureaucratic glitch that would be fixed in short order, and asked the High Court to allow construction of the checkpoint to continue while it corrects the problem (that is, gets the permits to steal the spring issued properly). The Court ordered the State to explain the steps it will take to rectify the matter (that is, to get the proper permits in order) and will rule on the petition against the spring at some date in the future.

Ghaith Nasser, the lawyer representing al-Walajah residents in the case, told Haaretz:

“I think that what happened in this case is a scandal. They want the court to give legal validity to an outrage whose entire management from beginning to end is stained by blatant illegality…When the court is asked to approve such a thing despite all the faults, the role of the court is to champion the principle of the rule of law and explain that this isn’t how it’s done.”

Notably, FMEP reported last week that Justice Minister Ayelet Shaked has recently installed a settler-aligned judge to the Jerusalem District Court, which is hearing this case. The judge, Haya Zandberg, previously headed a government committee tasked with retroactively legalizing outposts and in two cases “adopted a creative pro-settler legal position that contradicted the views of both the Justice Ministry and the Israel Defense Forces’ legal adviser in the West Bank” according to Haaretz.

EU Report Shows Major Acceleration in Settlement Planning

The European Union recently published its regular report on Israeli settlement activity in the second half of 2017. That report documents a “three- to four-fold increase in advancement of housing units through plans and the issuance of tenders compared to 2016.”

All told, if the plans advanced during the latter half of 2017 materialize on the ground, housing will be created for potentially 23,000 additional settlers in the West Bank and East Jerusalem.

The report specifically highlights the creation of a new settlement in Hebron, the first since 2002, and the construction of large-scale road projects that are proposed to connect Israeli settlements more seamless to Israel.

The report is part of the European Union’s efforts to monitor and inform its member states about Israeli settlement growth, and to assist its member states in differentiating between economic dealings with Israel and Israeli settlements, consistent with international law and EU policy.

Settlement-Related AIPAC Conference Happenings

For the blissfully unaware, the annual AIPAC conference was held this week in Washington, D.C. It drew big-name U.S. administration officials, members of Congress, and Israeli lawmakers and leaders including Prime Minister Netanyahu. And those big names made some big headlines.

A few events/happenings pertinent to settlement observers include:

1. Prominent settler leader Yossi Dagan (head of the Yesha Council, a settler umbrella group) wrote a letter to AIPAC decrying AIPAC’s assertion that Israel supports a two-state solution. Dagan asserts that Israel does not support such a solution. Dagan’s anger was quickly echoed by scads of Israeli lawmakers, including Likud MKs and members of the right-wing Israel Land Caucus.  The Times of Israel has a great summary of the event and the new dynamics, titled “As AIPAC is out-hawked by Trump, settlers reevaluate ties to the pro-Israel lobby.”
2. On the sidelines of AIPAC, the Israeli Ministry of Strategic Affairs joined with the Yesha Council to host an event to “combat the delegitimization of Israel through the embrace of Judea & Samaria.” The event was attended by Education Minister Naftali Bennett, Justice Minister Ayelet Shaked, Israeli Consul General in New York Dani Dayon, and Energy Minister Yuval Steinitz who said: “Israel cannot survive without its settlements.” J Street had a sharp response to the event, saying “This Israeli government thinks the way to combat delegitimization is to embrace settlements. Embrace. Settlements. This is patently absurd.”
3. U.S. Ambassador and settlement financer David Friedman took to the stage on the last day of the conference to attack J Street and its motto, “pro-Israel, pro-peace.” He argued that such a motto suggests that some people are both pro-Israel and anti-peace, and that “It is no less than blasphemous to suggest that any Jew or any Christian is against peace and that’s just not a matter of religious belief.” Implied in his remark, it seems, is that only Muslims are capable of being anti-peace. His full remarks are available here.
4. Senate Minority Leader Chuck Schumer told the AIPAC crowd that “it’s sure not the settlements that are the blockage to peace,” after blasting Hamas for what happened after Israel pulled out from Gaza settlements. He went on to say, among many things, that there is no peace because Palestinians do not believe in the Torah.

Bonus Reads

1. “What would the [“SOFTENED”] Israel Anti-Boycott Act Actually Do?” (FMEP) 
**U.S. settlement policy is impacted by this bill. Analysis written by FMEP’s Lara Friedman
2. “In West Bank reality, annexation is a pipedream” (Times of Israel)
3. “East Jerusalem Palestinians confront Israeli diggers over damaged to homes” (Middle East Eye)