Settlement & Annexation Report: March 15, 2024

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

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March 15, 2024

Yesh Din Files High Court Petition to Stop Jordan Valley Regional Council
Construction Starts on New Settlement, Ariel West
IDF Demolishes Outpost Near Ofra
Subcommittee Hearing Defends Settler Violence, Points Finger at Human Rights Activists
US Announces New Sanctions on Three Individuals & Two Outposts
Bonus Reads

Yesh Din Files High Court Petition to Stop Jordan Valley Regional Council

On March 7th the Israeli NGO Yesh Din assisted Palestinians in the Jordan Valley to file a petition with the High Court of Justice seeking to force the IDF Central Command to prevent settlers and settler regional councils in the Jordan Valley from illegally seizing and ransoming herds of livestock belonging to Palestinians, and to return all livestock currently confiscated and funds paid to the regional council for the return of livestock. Since October 7th, Yesh Din has documented several instances of settlers conspiring with the Jordan Valley Regional Council to confiscate herds of livestock belonging to Palestinians based on the claim that they are illegally grazing in the Regional Council’s jurisdiction, and then demanding exorbitant fees for their return. Yesh Din identifies this not only as an illegal practice, but as a policy “designed to annex and take over Areas C while pushing Palestinians out…to force Palestinian communities from their homes.”

The IDF’s own legal council has recently issued a legal opinion confirming that settler municipalities do not have jurisdiction or authority to enforce any laws or regulations against Palestinians. But the settler regional council rejected this opinion, saying that its jurisdiction applies to an area of land – not just a certain type of people (i.e. Israeli settlers). As a reminder, the West Bank remains under Israeli military rule via the Israel Ministry of Defense and the IDF. Israel has extended its domestic laws to settlers, so that settlers are subject to Israeli domestic law and Palestinians remain under military rule. In this case, the settler regional argues that it has authority over land, and any Palestinians (and their property) who enter that land.

Yesh Din explains why this is a significant legal claim:

“The danger posed by the pretension of the regional council, which seeks to hold the power to regulate the grazing of Palestinian herders, has enormous ramifications. This is a new and predatory form of economic violence by settlers and an authority that has distinct annexationist aspects, as it expresses the degradation of the military commander’s responsibility in the occupied territory and the assignment of its authorities to civilian governmental bodies.”

Over the past six months, settlers have regional councils have repeatedly kidnapped herds of livestock and demanded exorbitant fees

Construction Starts on New Settlement, Ariel West

Peace Now reports that Israel has begun construction of a new settlement, Ariel West, plans for which were first made public in November 2021 and tenders were issued in May 2023 — all under the guise of a plan to “expand” the Ariel settlement [for more on how this plan was kept quiet, see Peace Now’s detailed history]. The Ariel West settlement is being built on a hilltop located 1.2 miles away from Ariel, in an area that is non-contiguous with the built-up area of the current Ariel settlement. To perpetuate the framing of this new construction as the growth of an existing settlement rather than a new settlement – settlers and the government call Ariel West the“Amririm Neighborhood.” The new settlement will be directly adjacent to the Palestinian village of Salfit, further limiting the future development of Salfit and restricting Palestinian agricultural workers’ access to land, as illustrated in this video by Peace Now.

Peace Now said in a statement:

“The construction of Ariel West, a new settlement deep in the West Bank, just before Ramadan and amidst the imminent danger of escalation in the West Bank and East Jerusalem, is further proof that the Israeli government is seeking violent escalation and opening a third front of war. It is also further proof, for anyone still in doubt, that it is doing all it can to destroy the possibility of the two-state solution. Israeli citizens deserve a better government, and its actions and decisions are endangering the lives and futures of both Palestinians and Israelis, as well as that of the entire region. The construction of a new settlement is part of recent initiatives amidst the ongoing war, aimed at advancing thousands of housing units in the territories, declaring thousands of dunams as state land, and approving significant budgets for settlements in the 2024 budget.”

IDF Demolishes Outpost Near Ofra

The Times of Israel reports that on March 11th, the Israeli Civil Administration demolished an illegal outpost known as “Or Ahuvia,” located close to the Ofra settlement north east of Ramallah. The IDF forced settlers to leave the area, demolished a rudimentary house, and confiscated other materials – saying that the outpost was built illegally on privately owned Palestinian land.

The “Or Ahuvia” or “Ma’aleh Ahuvia” outpost was originally erected (and demolished) in 2022 in memory of Ahuvia Sandak, a settler “hilltop youth” who died when the car he was traveling crashed as it was fleeing Israeli police with a group of settler youth who allegedly has been stoning Palestinian cars. Settlers and their supporters have painted Israeli police as perpetrators of a crime of negligence (or worse) against the settler youth; the Knesset has taken up the issue; and Sandak has been memorialized as a hero and a martyr to the cause of Greater Israel.

Subcommittee Hearing Defends Settler Violence, Points Finger at Human Rights Activists

At the demand of settler groups, the Knesset Foreign Affairs and Defense Committee convened a subcommittee hearing on March 12th to hear testimony regarding the alleged “harassment” perpetrated by human rights defenders against Israeli security personal. MK Merav Michaeli denounced the hearing saying the chairman, Tzvi Succot, seeks to “present an upside down and false world.” MK Limor Son Har Melech (Otzma Yehudit) said at the hearing:

“They [pro-Palestinian activists] are aggressive to IDF soldiers, to settlers, they damage property, they blacken Israel’s name around the world, engage in the demonization and delegitimization of Israel and damage our image.”

The hearing turned out to be more than a smear campaign against human rights defenders, but also a defense of extremists settlers. The senior police commander in the West Bank perpetuated the claim that settler violence is over exaggerated, testifying to the committee that 50% of complaints regarding settler violence turn out to be false.

US Announces New Sanctions on Three Individuals & Two Outposts

On March 14th the U.S. government announced it had imposed sanctions on three Israeli settlers and two settlement outposts, adding to the four individuals it had previously sanctioned. This is the first time the U.S. has imposed sanctions on entities (the two outposts) in addition to individuals – demonstrating the possible far-reaching targets of U.S. sanction authority. The settlers and outposts were documented to have taken part in (or be a base of action for) acts of violence against Palestinians in the West Bank.

The two outposts sanctioned are known as “Moshe’s Farm” and “Zvi’s Farm” – and the individuals are the leaders of those outposts.

The U.S. Department of State said in a statement:

“Today, we are taking further action to promote accountability for those perpetuating violence and causing turmoil in the West Bank by imposing sanctions on three Israeli individuals and two associated entities involved in undermining stability in the West Bank. There is no justification for extremist violence against civilians or forcing families from their homes, whatever their national origin, ethnicity, race, or religion. The United States is committed to enduring peace and prosperity for Palestinians and Israelis alike and will continue to use all available tools to promote accountability for those engaging in actions that threaten the peace, security, and stability of the West Bank.”

Bonus Reads

“Norway Advises Against Trade, Business With Israeli Settlements” (Bloomberg)
“The government is tightening its grip on Israeli settlements – the Pole is considering stopping the sale” (NRK)
“Israel deploys 15,000 troops in West Bank as Ramadan starts” (Mondoweiss)

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

To subscribe to this report, please click here.

January 27, 2023

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

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

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

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

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

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

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

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

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

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

Coalition Deal Includes Unilateral Annexation of West Bank Archaeological Sites

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

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

Emek Shaveh said in a statement:

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

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

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

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

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

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

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

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

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

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

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

Jerusalem expert Daniel Seidemann told +972:

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

Palestinians Protest Settler Cultivating Land Near Ramallah

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

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

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

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

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

Bonus Reads

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

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

To subscribe to this report, please click here.

January 10, 2020

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

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

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

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

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

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

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

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

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

Netanyahu later said:

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

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

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

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

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

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

The Civil Administration granted final approval to the following plans:

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

The Civil Administration advanced the following plans:

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

Peace Now said in a statement:

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

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

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

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

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

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

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

Following ICC Announcement, Israel Begins Planning Jordan Valley Annexation

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

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

Haaretz reports:

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

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

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

May by Haaretz

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

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

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

Ir Amim explains essential context:

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

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

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

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

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

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

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

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

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

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

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

Ir Amim writes:

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

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

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

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

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

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

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

Following the ruling, Peace Now said:

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

Peace Now Wins Interim Decision Against Secretive Public Funding to Amana

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

Peace Now said in a statement:

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

Israeli Court Dismisses Palestinian Landowners’ Petition Against the Ofra Settlement

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

Map by Peace Now

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

U.S. Secretary of State Mike Pompeo:

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

U.S. Ambassador David Friedman:

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

Israeli Prime Minister Netanyahu said:

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

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

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

Likud MK and former Mayor of Jerusalem Nir Barkat said:

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

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

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

Bonus Reads

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

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

To subscribe to this report, please click here.

March 21, 2019

After 18 Years, Court Evicts Settlers from Stolen Home in Downtown Hebron
Knesset Leader: U.S. Support for Annexation of Golan is First Step Towards West Bank Annexation
Israeli Education Ministry Funds Group Behind Violent Outpost at Site of Dismantled Settlement
Settler Excavations in Silwan Hit a Wall [Literally]
Settlers Lobby Key U.S. Stakeholders to Protect Settlements from Trump’s “Peace Plan” & Promote Settler-Palestinian Business “Coexistence” Initiatives
Palestinian-Americans Intervene in Lawsuit Against AirBnB, Bringing First Challenge Against Settlements to U.S. Courts
Hoping to Avoid ICC Investigation, Pro-Settlement Groups Submit Defense of Settlements
Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

After 18 Years, Court Evicts Settlers from Stolen Home in Downtown Hebron

On March 12, 2019, the Jerusalem Magistrate Court ruled to evict settlers from a house in the heart of downtown Hebron (in the notorious Tel Rumeida section), that the settlers have illegally occupied since 2001. The court ruling gives the settlers 45 days to vacate the house, but the settlers are able to – and expected to based on the history of this case – appeal the ruling.

The Palestinian homeowners – the Bakri family – temporarily fled their home under constant settler harassment during the second intifada, a time when Tel Rumeida could be described as an “urban battlefield.” While the family was gone, settlers broke into the house, damaged it, destroyed the Bakri’s property, and ultimately took up residence there.

The Bakri family has spent the past 18 years petitioning Israeli police and the courts to remove the settlers — cases the Bakri family repeatedly won.

The settlers have managed to repeatedly delay their eviction by essentially exploiting every possible legal defense, no matter how absurd or contradictory. At different points over the past 18 yrs, settlers have argued in court that they had a rental agreement; that they purchased the home; that the plot of land was owned by a Jewish trust prior to 1948 and so they able to reclaim the property; and that because they had invested so much money in improving the land since taking it over, under Ottoman Law it now legally belongs to them. When at one point some years ago the courts ruled that the settlers had to evacuate, the settler occupants of the Bakri home did, indeed, leave, only to be immediately replaced by other settlers — at which point the Israeli Attorney General told the Bakri family that they had to start eviction proceedings anew. For a detailed timeline of the Bakri family’s saga, see this report from Peace Now.

Throughout the course of this saga, the settlers’ effort to hold on to the Bakri home was aided by the State’s unwillingness to implement court orders against the settlers. Peace Now said in a statement:

“This is not only a matter of cruelty, deceit and theft of settlers who are not loathe to take control of assets that are not theirs, but also a matter of the lack of government accountability. For 18 years the government did not enforce the law against the invading settlers, and even assisted them and allowed them to continue to steal the house and terrorize their Palestinian neighbors in Tel Rumeida. Furthermore, it should be remembered that Hebron is under Israeli occupation and the Palestinian residents cannot remove the settlers from their homes by appealing to the Palestinian Authority. The power lies in the hands of the Israeli government, which does nothing to fulfill its responsibilities to protect abandoned Palestinian property.”

Knesset Leader: U.S. Recognition of Israeli Sovereignty Over Golan is First Step Towards West Bank Annexation

At a public event on March 17th in Tel Aviv, Israeli Speaker of the Knesset Yuli Edelstein (Likud) told an audience that U.S. recognition of Israeli sovereignty over the Golan Heights is the first step towards U.S. support for Israel’s annexation of the West Bank. Edelstein’s comments came shortly after the publication of the 2018 U.S. State Department’s annual Human Rights Report, which refers to the Golan Heights – under international law considered Israeli-occupied Syrian territory – as “the Israeli-controlled Golan.” Previous U.S. reports referred to the Golan is “Israeli-occupied.”

Edelstein also promised the audience that if the Likud does well in the upcoming elections, there will be a serious debate in the Knesset about annexing the West Bank.

Map by the CIA, as of 3/21/19

[NOTE: On March 21st, President Trump formally recognized (via tweet) Israeli sovereignty over the Golan Heights. Hours before this tweet, press reports suggested that the Trump Administration was planning to announce the new policy when Prime Minister Netanyahu was the White House, during meetings scheduled for March 25-26. It is also worth noting on February 26, resolutions were introduced in Congress, in both the House and Senate, seeking to make it U.S. policy to recognize Israeli sovereignty over the Golan.]

Israeli Education Ministry Funds Group Behind Violent Outpost at Site of Dismantled Settlement

Haaretz reports that the Israeli Education Ministry has been contributing significant funds to a non-governmental organization that is the driving force behind illegal settler activity at the of what was formerly the Homesh settlement in the northern West Bank.

Homesh was dismantled and its residents evicted by Israel in 2005, as part of the Gaza disengagement. Since then, settlers have been obsessed with the desire to re-establish Homesh, hosting religious events and protests at the site of Homesh, some of which have been attended by Israeli MKs and politicians.

As part of this movement to reclaim the site and re-establish Homesh, settlers associated with the violent “hilltop youth” settler movement have repeatedly attempted to establish an outpost on the site, only to have the IDF remove them again and again. The non-governmental organization – Midreseht Ma’amakim – widely publicize its efforts to build and maintain a outpost at the Homesh settlement site, and boasts about operating a religious school there (called the “Homesh yeshiva”) for the past 12 years. According to the new report, from 2014-2017, the Israeli Education Ministry transferred more than $6 million to the NGO — nearly $2.5 million (8.5 million shekels) in 2017, $1.9 million in 2016, and $1.7 million in 2015 and in 2014. The Ministry told Haaretz that the funds were provided in support of the organization’s educational activities, not its illegal activities.

Lior Amihai, Executive Director of Yesh Din, explained:

“The place remains a hostage of a violent and illegal yeshiva, which prevents Palestinian farmers and landowners from reaching the place. Now it turns out that the Education Ministry enable the presence of the yeshiva by funding an association that fundraises for it.”

Yesh Din has for years been working with leaders of the neighboring Palestinian village of Burqa in regards to the situation at the site of Homesh, built on lands owned by Palestinians and seized by Israel in 1978 for “security needs.” In 2011, Yesh Din and Palestinian landowners petitioned the Israeli government to revoke the 1978 military seizure order, which legally should at this point be moot: the IDF only used the land for approximately two years, after which settlers took over the site to establish the (civilian) Homesh settlement, which was allowed to remain and expand until it was dismantled in 2005. In 2013, Yesh Din’s petition succeeded, and the state of Israel took the unprecedented step of revoking the military seizure order.

Yet, while technically the Palestinian landowners are no longer barred by Israel from accessing their own lands, de facto the area is still off limits to them, policed by violent Israeli settlers who for all intents and purposes enjoy free reign in the area.

Settler Excavations in Silwan Hit a Wall [Literally]

Emek Shaveh reports that one of the ongoing excavation efforts in Silwan led by the radical settler group Elad might not be able to continue, having run into the foundation of a massive wall, believed to be part of an Umayyad palace dating back to the 7th century CE.

The discovery – one which serves to highlight the multiplicity of cultures, religions, and peoples who are deeply connected to Jerusalem – is not a welcome one for the settlers, whose ultimate goal is to dig a tunnel connecting settler-run tourist sites in Silwan to a settler-run tourist site in the Old City. Since the excavation project is being carried out by Elad in cooperation with (and with financing from) the Israeli Antiquities Authority (IAA), the government bureau will decided whether or not to continue the dig. According to Haaretz, the IAA is considering plans to dismantle the wall and create a large hole for tourist groups to walk through.

The archeological experts at Emek Shaveh explain:

“From a professional standpoint, the wall should be left in its proper place, but the practical significance of this is a halt to the excavation, which began as part of a government decision to connect Silwan with the excavations south of the Temple Mount/Haram al-Sharif…In the reality of Jerusalem, where remains of building are not only scientifically significant but have symbolic and emotional resonance as well, the damage caused by the tunnels excavations has a negative impact on the possibility of presenting the city’s many cultures and their histories in a balanced manner. This is not only an archaeology-tourism problem, but a political problem of ignoring and even erasing certain historical strata, in order to present Jerusalem in a manner that serves the settlement enterprise in the Old City basin.”

The IAA said in response to news of the wall:

“…due to the wish to give the millions of tourists who visit Jerusalem from all over the world a better travelling experience, roads and paths were developed over the past decades. In addition, several openings have been made to the Old City’s walls and in the foundations of the Umayyad buildings. The hole in question is a narrow opening that was made in the foundations of one of these buildings after meticulous archaeological examination and documenation [sic] were carried out. This opening enables tourists to move between the two parts of ancient Jerusalem on either side of the Old City walls. This project is part of the ‘Shalem program’ [i.e. whole in Hebrew]: A government-funded plan to unveil, preserve, research and develop the sites of ancient Jerusalem.”

Settlers Lobby Key U.S. Stakeholders to Protect Settlements from Trump’s “Peace Plan” & Promote Settler-Palestinian Business “Coexistence” Initiatives

While in Washington, D.C. for the upcoming AIPAC policy conference, a delegation of Israeli settlers held meetings with members of Congress members and White House officials in a bid to ensure that any American “peace plan” will not inconvenience Israel’s settlement enterprise. The delegation, which included Yossi Dagan (head of the Samaria Regional Council, a settlement municipal body) and Arnon Klein (CEO of the Barkan Industrial Zone, near the settlement of Ariel), also met with evangelical leaders – a key constituency which recently extracted assurances from the White House regarding the Trump plan. The settlers reportedly implored the group to:

“help to fight plans to freeze construction in Judea and Samaria. We cannot allow a plan which will destroy or harm Jewish communities in Judea and Samaria. Our task is to build. We have 36 communities and half a million Jews living in our forefathers’ home. We need your help. This is a very sensitive time. Especially now, when the US president is considered to be a friend of Israel, there is a huge risk that a diplomatic plan will include a division between settlements in blocs and outside of blocs, and that construction will be frozen. And we haven’t even talked about the worst – uprooting Jewish settlements and dividing Jerusalem – which may also on the table.”

In addition, the delegation pitched the centrality of business “coexistence” initiatives between settlers and Palestinians, an increasingly obvious part of the Trump Administration’s agenda on the ground, as a core objective. Writing last week, FMEP’s Lara Friedman pointed to the activities of Ambassador Friedman and Congressman Lankford (R-OK), in support of the the idea that:

“…peace would come from economic and business cooperation between Palestinians (living under Israeli occupation, governed by Israeli military and military law designed to promote the interests and needs of Israel, entirely disenfranchised from the powers that control their lives) and settlers (living in settlements built on land taken from Palestinians, enjoying all the entitlements and protections of Israeli citizenship and law, and with representatives and allies at every level of Israeli government). This approach…exemplifies a vision of ‘peace’ based on promises of improved quality of life for individual Palestinians, de-coupled from any pretense of helping Palestinians end an occupation that the United States no longer believes to exist, or achieve national self-determination that the United States no longer supports.”

Likewise, FMEP has previously explained how for decades Israel has used industrial zones as another tool to expand and deepen control over West Bank land and natural resources. Importantly, jobs in industrial zones – often the only jobs available for Palestinians living under an Israeli occupation that prevents the development of any normal Palestinian economy – are widely viewed by Palestinians as a double-edged sword.

Palestinian-Americans Intervene in Lawsuit Against AirBnB, Bringing First Challenge Against Settlements to U.S. Courts

In the first case of its kind in a U.S. federal court, the Center for Constitutional Rights (CCR) filed a lawsuit challenging the legality of the Israeli settlement enterprise. The case was filed on March 18th on behalf of two Palestinian Americans – Randa Wahbe and Ziad Alwan – and two Palestinian villages – Ein Yabroud and Jalud. Journalist Mairav Zonszein succinctly explained the complex backdrop of the new filing:

“The CCR’s claim is not a stand-alone lawsuit but an intervention in Silber v. Airbnb, a suit filed by a group of Jewish and Israeli-American citizens who either host or wish to rent homes on Airbnb; the claim is directed, not at Airbnb, but at the sub-group of settlers serving as hosts. These settlers filed suit against Airbnb in November 2018, days after the company announced it would be taking down about 200 rental listings located in Israeli settlements in the occupied West Bank…In intervening in the lawsuit, the CCR argues that it is the settler’s conduct—and not Airbnb’s attempt to reconcile its business practices with basic human-rights law and principles—that discriminates against their clients and millions of other Palestinians.”

CCR issued a press release stating:

“Today’s filing argues that the Israeli settlers who sued Airbnb have participated in war crimes by aiding in Israel’s seizure of land in occupied Palestinian territory, including the specific lands on which the Airbnb properties stand. The rentals are in Israeli-only settlements from which Palestinian residents of the West Bank are barred as per Israeli military orders, and which are sometimes surrounded by physical barriers, military bases, and security gates.”

Diala Shamas, a staff attorney at the CCR, said:

“The settlers who sued Airbnb are cynically using the language of discrimination in order to further their own unlawful ends,” said Center for Constitutional Rights Staff Attorney Diala Shamas. “Our clients’ experiences –Palestinians who are directly affected by these settlers’ actions – show where the real discrimination and illegality lies. This case puts the settlers on trial in a U.S. court.”

CCR’s filing – and accompanying videos – shines a bright light on at two stories that exemplify Palestinians’ lives under occupation, and make clear how the settlements infringe on their basic rights to property. One of the intervenors, Ziad Alwan, was born in the Palestinian village of Ein Yabroud and holds the title deed for part of the land on which the Ofra settlement was built, as registered by the Israel Land Registry. One of the settlers in the underlying lawsuit previously listed a property in the Ofra settlement on AirBnB — meaning that the settler and AirBnB were, in effect, profiting from the rental of a property located on land that rightfully belongs to Alwan, and moreover, which Alwan, despite being the rightful owner, cannot access and does not benefit from.

Residents of the Palestinian village of Jalud – a second intervenor – explain how Israeli settlements and unauthorized outposts have been built on the village’s land, making 80% of their farmland inaccessible. One of the outposts that took Jalud’s land is Adei Ad, an outpost established illegally under Israeli law, which the Israeli government announced its intention to retroactively legalize. One of the settlers in the underlying case runs a bed and breakfast in the Adei Ad outpost, meaning the settler and AirBnB are profiting from a business located on the historic land of Jalud, a business which Palestinians cannot access and do not benefit from. In their claim, residents of Jalud are challenging not only the claim that Airbnb’s decision to delist the settlers’ rental property is discriminatory, but also the claim that the settlers legally own the property in the first place.

The lawyer representing the settlers in the underlying case (which claims AirBnB’s decision violates the Fair Housing Act), said in response to CCR’s claim:

“There are those who say that the settlements are illegal. There are those who say they are not. This is the heartland of the Land of Israel.”

Randa Wahbe, one of the petitions, told The Nation:

“The fact that settlers are using the specific piece of legislation pushed through after Martin Luther King’s assassination to protect disenfranchised black communities, in order to discriminate against Palestinians, is what I find so horrifying.”

Hoping to Avoid ICC Investigation, Pro-Settlement Groups Submit Defense of Settlements

On March 14th, two well-known pro-settlement legal attack groups – UK Lawyers for Israel (UKFLI) and the Lawfare Project – submitted a brief to the International Criminal Court (ICC) arguing that the court is prohibited under the Rome Statute from investigating Israeli settlements. The ICC has been conducting a preliminary investigation into the possibility of opening a war crimes probe into Israel’s settlement for the past four years.

The brief argues that the Israeli High Court of Justice (HCJ) has sufficiently and genuinely investigated issues related to the settlements, making the matter inadmissible at the ICC because the Rome Statute’s regulations prohibit the court from taking on issues that national courts have adjudicated. The brief even proudly highlights the fact that Israel’s HCJ has ruled in favor of Palestinians, though as a recent report published by B’Tselem explains, the Israeli HCJ is complicit in the establishment and continuing expansion of the settlement enterprise (and therefore cannot conceivably carry out a genuine investigation of this enterprise).

The legal brief comes amidst a barrage of threats issued by Israel and the United States against the ICC in light of its consideration of opening this case. On March 17th, U.S. Secretary of State Mike Pompeo threatened ICC staff with travel restrictions and financial sanctions if the court opens a probe into Israel. In November 2018, Israeli Attorney General threatened to launch, according to the Jerusalem Post, a “public legal campaign, aggressively contesting its jurisdiction.”

In the brief, the authors also announced their intention to file further information with the court challenging its jurisdiction over the matter.

Bonus Reads

“Natural Born Settlers” (New York Times)
“Not Breaking News: Trump Administration Does Not Believe in Occupation” (LobeLog – by FMEP President Lara Friedman Part 1 of 2)
“Erasing Occupation: The Pernicious Role of Congress” (LobeLog – by FMEP President Lara Friedman Part 2 of 2)
“‘The entire world knows the settlers have declared war on us’” (+972 Mag)
“Leading architects urge Israeli PM to cancel cable car plan” (Associated Press)

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

To subscribe to this report, please click here.

January 4, 2019

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

Questions/comments? Email kmccarthy@fmep.org

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

Map on Twitter by @JacobMagid

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

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

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

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

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

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

Map by WINEP

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

Peace Now released a statement saying:

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

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

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

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

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

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

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

Map by Peace Now

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

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

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

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

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

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

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

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

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

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

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

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

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

Knesset Speaker & Leaders Call for Annexation of Hebron

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

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

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

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

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

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

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

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

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

A coordinator for Regavim told the Arutz Sheva outlet:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bonus Reads

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

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 14, 2018

Israel Seizes on Palestinian Attacks as Pretense to Advance Settlement on Multiple Fronts
The WZO Used Non-Existent Land Plots as “Collateral” for Loans to Build Illegal Outposts
Israeli AG Freezes New Grants Program for Illegal Outposts
At the Opening of New West Bank Highway Interchange for Settlers, Netanyahu Celebrates Erasing the Green Line
Hanukkah Event Draws Political Support for Settlers’ Bid to Take Over Site in the Old City’s Muslim Quarter
Huge Holes Open on Streets of Silwan…Above Settler Excavations
Israel’s Top Court Slams State Rail Company for Moving Debris to Private Palestinian Land as Part of Plan to Build a Settlement Park
Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

Israel Seizes on Palestinian Attacks as Pretense to Advance Settlement on Multiple Fronts

Seizing on a series of deadly Palestinian attacks this week as his pretext, Prime Minister Netanyahu announced he will:

retroactively legalize thousands of settlement structures and outposts;
initiate a plan to build 82 new units in the Ofra settlement;
build two new settlement industrial zones (one near the Avnei Hefetz settlement and one near the Beitar Illit settlement); and,
implement a range of policies that collectively punish Palestinians in the West Bank.

In addition, the Israeli Ministerial Committee on Legislation (a committee within the Israeli cabinet that decides whether to give government-backing to Knesset legislative proposals) will consider supporting a bill written by MK Bezalel Smotrich (Habayit Hayehudi) which would allow the government to provide municipal services, like water and electricity, to some illegal outposts. The bill assumes the series of outposts will be retroactively legalized, an assumption based on the work to achieve that end spearheaded by settler leader Pinchas Wallerstein (who has his own history of ignoring the law).

Many other senior Israeli officials joined Netanyahu in advocating for the immediate legalization of every unauthorized (i.e., illegal under Israeli law) structure in the Ofra settlement. The Ofra settlement – located northeast of Ramallah – was first established by settlers on land that had been expropriated in 1966 by the Jordanian government in order to build a military base (which was never built, as Israel took control of the West Bank in 1967). The Israeli government used this pretext to expropriate the land in 1977 in order to recognize the Ofra settlement, which had been established in the area illegally (i.e., without government approval, but with its tacit cooperation) two years prior. However, the majority of the Ofra settlement was not built on the land expropriated by the Israel in 1977, but instead on land that is registered to Palestinian owners from the nearby village of Ein Yabroud. In light of the legal status of the land, no Israeli government has yet been able to find a way to fix the legal status of these homes (not for lack of trying) – meaning that the majority of the structures in Ofra were built without permits, making them illegal under Israeli law.

Peace Now elaborates:

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

Justice Minister Ayelet Shaked said that she already has a draft resolution and a legal opinion supporting retroactive legalization of Ofra. Shaked further threatened:

“Facing the price tag of Abu Mazen [Palestinian President Mahmoud Abbas], we pose our own price tag. Every terror attack will strengthen the settlement establishment instead of weakening it, and every potential attacker will know in advance that he will be considered responsible for strengthening settlements.”

Speaker of the Knesset Yuli-Yoel Edelstein vowed to push a plan through the Knesset to regulate Ofra, saying:

“The immediate answer to such an incident is to finally regulate Ofra, one of the oldest and most beloved communities. The 20th Knesset has been good and the Government has been positive towards the settlement enterprise. There have been important achievements and laws, but it’s not enough… I pledge to support the plan that will be formulated and advance it myself in the Knesset. This is our duty towards millions of citizens. The fate of Ofra must be the same as the fate of Petah Tikva.”

Yisrael Gantz, the new chairman of the Binyamin Regional Council, called for the:

“immediate approval of thousands of housing units… in order to deepen our roots here.”

The WZO Used Non-Existent Land Plots as “Collateral” for Loans to Build Illegal Outposts

The Israeli NGO Kerem Navot discovered more proof that the World Zionist Organization’s Settlement Division is directly financing the construction of illegal outposts with public funds — by providing loans to settlers based on non-existent assets, including fictitious plots of land in the West Bank. This reporting builds on previous revelations about the WZO’s complicity in illegal settlement construction on privately owned Palestinian land in the West Bank, including in the cases of the Mitzpe Kramim outpost and the Ma’aleh Rahavam outpost. Nonetheless, the Israeli government is rapidly advancing plans to hand over even more West Bank land to the WZO for settlement expansion.

On its latest findings, Kerem Navot founder Dror Etkes told Haaretz:

“This story exposes again the Settlement Division’s swindling ways and dirty dealings. [Like in the case of MK Bezelal Smotrich] who received a mortgage in the Kedumim settlement for a plot that doesn’t exist. It’s obvious from that and from the other cases that this is only the tip of the iceberg of a much broader practice.”

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]. In addition, settlement and human rights watchdogs have repeatedly documented how the WZO’s Settlement Division has worked to take over additional land, including privately owned Palestinian land, in order to build more settlements.

Israeli AG Freezes New Grants Program for Illegal Outposts

Israeli Attorney General Avichai Mandelblit has reportedly frozen the implementation of a resolution, passed by the Israeli cabinet last week, designating three outposts as “national priority areas” for development. The resolution would direct enormous amounts of state resources to the outposts for construction.

Mandelblit wrote a letter slamming Housing Minister Yoav Gallant for bypassing the Attorney General in approving the resolution. According to Haaretz, Mandelblit had previously told the Housing Minister that the inclusion of settlements in the list of national priority areas needs to be thoroughly reviewed before the resolution was passed. Ignoring Mandelblit, Gallant advanced the resolution without a thorough review and without the permission of the government’s top legal official.

At the Opening of New West Bank Highway Interchange for Settlers, Netanyahu Celebrates Erasing the Green Line

Map by OCHA

Israeli Prime Minister Benjamin Netanyahu attended a ceremony marking the opening of a newly renovated traffic interchange on Highway 60 (the main north-south highway in the West Bank). Located near the Adam/Geva Benyamin settlement and the Palestinian village of Hizma, the new interchange is meant to ease traffic congestion for settlers travelling to Jerusalem from the northern West Bank. More importantly, it advances the seamless integration of infrastructure serving Israeli settlements and sovereign Israeli territory – a key effort by settlers and their government allies to effectively erase the Green Line.

At the event, Netanyahu said:

“We are not stopping here. We will yet complete the paving of bypass roads, the widening of lanes and the improvement of infrastructures. There is a combined transportation-security aspect here. We are making yet another great link. While we are joining the country geographically, we are also joining the present to the future. Today and in this place we are doing something else, we are also joining the present to the past. Our ancestors walked here and took in this view of these valleys and these hills. The greatest dramas in the history of our people and of humanity took place here in this place; therefore, we are also joining our past to our future and this is a very great privilege.”

Minister Katz, who was also in attendance, said:

“We’re promoting a strategic plan on a very wide range with light rail routes at high-risk areas and traffic lights to make Judea and Samaria part of the Israeli norm of a developed and connected country…After we completed these two projects (Adam Interchange and Givat Assaf Traffic Light) we’ll work to enable this connection with a road with better conditions. This is part of the large and complementary projects to allow traffic to flow here.”

In September 2018, the United Nations Office for the Coordination of Humanitarian Affairs (OCHAS) released a report looking at the impact of Israeli roads on the the village of Hizma, as a case study of the effects road closures have on Palestinian rights. OCHA wrote:

“Hizma is a Palestinian village of over 7,000 residents in Jerusalem governorate. The bulk of its built-up area is in Area B but small parts of the village lie in Area C or within the municipal boundaries of Jerusalem, although it is separated from the rest of the city by the Barrier. Between 28 January and the end of March 2018, the three access roads into the village were either totally or partially closed to Palestinian traffic. The Israeli army hung posters on village shops stating that the army ‘will continue its work so long as you [residents] continue to be disruptive’. Other posters showed broken windshields. Following communications with the Israeli military, the head of the village council reported that the posters justified the closures as a response to stone throwing by Palestinian youths at vehicles with Israeli number plates. In 2017 and the first two months of 2018, OCHA recorded 11 incidents of Palestinians throwing stones at Israeli vehicles near Hizma that resulted in Israeli injuries or damage to vehicles.

The closures disrupted access by Hizma’s residents to services and livelihoods. Traffic between the north and south of the West Bank that passed through the village was diverted, undermining the commercial life of the village. Service providers, including a third of the teachers in village schools who commute on a daily basis, faced delays reaching the village. Over 50 shops/businesses that are the main source of income for 150 households were affected by the diversion of Palestinian traffic away from the village. Family life was also affected by the unpredictable nature of the closures.”

Hanukkah Event Draws Political Support for Settlers’ Bid to Take Over Site in the Old City’s Muslim Quarter

The Israeli archeological group Emek Shaveh reports that the Ateret Cohanim settler organization hosted a Hanukkah celebration – drawing the participation of the incoming Mayor of Jerusalem Moshe Lion, Minister of Jerusalem Affairs Ze’ev Elk, and the son of the Israeli Prime Minister, Yair Netanyahu – at the “Little Western Wall.” The site (which Israelis call the “Kotel Ha’Katan”) is a section of the retaining wall of the Temple Mount/Haram al-Sharif located within the Old City’s Muslim Quarter. It is viewed by some religious Jews as the closest point to the Holy of Holies at which Jews are permitted to pray. For historical background on the site and Ateret Cohanim’s role and goals related to it, see this 2016 report by Haaretz’s Nir Hasson.

Emek Shaveh writes:

“The recent Hanukkah ceremonies demonstrate an increase in political support for Ateret Cohanim and, no less important, the growing importance of the Little Western Wall, a politically and religiously charged place, attesting to a growing consensus among the Israeli Right regarding strengthening Jewish presence in areas immediately adjacent to the Temple Mount/Haram al-Sharif.”

Ateret Cohanim is a radical settler organization working to increase the presence of Israeli Jews living inside Palestinian neighborhoods of Jerusalem – including in the Old City, where the group recently succeeded in purchasing a Palestinian house in the Muslim Quarter (a property sale that continues to stoke controversy within the Palestinian community). Ateret Cohanim, along with their compatriots in the Elad settler group, also leads efforts to take over land and evict Palestinians from their homes in the Silwan neighborhood. Ateret Cohanim’s recent efforts in Silwan include using the guise of a Yemenite cultural center to build a new settlement in Silwan with government financing, and winning a High Court ruling that permits them to continue their campaign to evict 700 Palestinians from their homes.

Huge Holes Open on Streets of Silwan…Above Settler Excavations

The Israeli archeological group Emek Shaveh reports that holes have begun appearing in the ground of Silwan, along the route of an underground excavation run by the Israeli Antiquities Authorities and funded by the Elad settler group. Elad has invested heavily in archeological excavations in Silwan in a campaign to co-opt the ancient history of Jerusalem to strengthen the Jewish hold on and presence in Palestinian neighborhoods in East Jerusalem. Emek Shaveh writes:

“There’s rarely a dull moment in Silwan. Last weekend, after the rain came, large holes opened up in the ground. This is not normal. And no amount of cement poured into the holes will make it so. Perhaps the reason for this odd occurrence can be found in the fact that Israel Antiquities Authority is excavating a tunnel along an ancient Roman road which runs right underneath the places where the holes opened up. There are 15 houses along the route of the tunnel. In some of them cracks have shown up. Others have shown signs of sinking into the ground. A few months ago we asked the Antiquities Authority to examine the homes and were assured the engineer would look into it. We’re still waiting for answers.”

The new holes are just the latest in a long series of above-ground damage related to excavations which the Israel Antiquities Authority (IAA) started in 2013. The IAA began the excavations without notifying Palestinian residents of the project. Palestinians began complaining about the work when cracks began appearing in their homes, threatening their structural integrity, and forcing many to leave their homes.

Emek Shaveh has repeatedly asked the IAA to investigate the issues caused by the excavations, but has not received an answer to date. Emek Shaveh also shared footage of Israelis haphazardly attempting to fill in the new holes with concrete.

Israel’s Top Court Slams State Rail Company for Moving Debris to Private Palestinian Land as Part of Plan to Build a Settlement Park

The Israeli High Court of Justice sharply criticized Israel Railways, the state rail company, for moving debris on to privately owned Palestinian land in the West Bank, as part of a plan to use the debris to develop a new park in the nearby Nili settlement. The debris comes from tunnelling a path for the Tel Aviv to Jerusalem rail line, meaning the debris was transported from sovereign Israeli territory into the West Bank, where it was deposited on Palestinian land.

Back in 2011, the Court chastised Israel Railways for its actions and ordered the debris to be removed. Seven years later, the Palestinian land is still a dumpsite while the Israeli government and Israeli Railways bicker over who is responsible for clearing the refuse. This week the Court rebuked the company and hinted that it would soon issue a ruling against it.

Bonus Reads

“Q&A with Naftali Bennett” (The Forward)
“A Plan for Perpetual Conflict” (Carnegie Endowment)
“The New Capital of Israel” (Haaretz)
“Annexation Legislation is Imminent, and Dangerous” (Commanders for Israeli Security)
“Forged Jerusalem Home Sale Gets Jordan’s Attention” (Al-Monitor)

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.

August 9, 2018

Israel Plans to Use “Nation-State Law” to Defend Settlement “Regulation Law”
Israel Moves to Approve a New Settlement…By Expanding An Existing One (An Old Trick)
Israeli Govt is Funding a Settler School Squatting in a Palestinian Home
Transferring Israeli Trash to the West Bank
Settler Regional Council Funds Activities Aimed at Undermining Israeli Law
Bonus Read

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

Israel Plans to Use “Nation-State Law” to Defend Settlement “Regulation Law”

The Israel State’s private attorney tasked with defending the settlement “Regulation Law,” Harel Arnon, told reporters that the recent passage of the Nation-State law (declaring Israel the nation-state of the Jewish people alone) will strengthen his efforts to keeping the Regulation Law on the books (an effort which is widely expected to fail). The settlement “Regulation Law” was passed by the Knesset in February 2017, as a means to allow Israel to expropriate privately owned Palestinian land for the exclusive use/benefit of settlers. The High Court of Justice is currently weighing petitions against the settlement “Regulation Law,” which has been frozen since August 2017.

Arnon said:

“The nation-state law certainly impacts the Regulation Law. There is no question. If until now, the argument in defense of the Regulation Law was that it seeks to balance the individual rights of Israeli residents (in the West Bank) with those of the Arab residents… what the nation-state law does is raise the status of Jewish settlement to one of constitutional value.”

The Nation-State law was passed by the Knesset on July 19th, and has since sparked condemnation and protest for the way it demotes the standing of minority communities in Israel. The law says “the state views the development of Jewish settlement as a national value and will act to encourage and promote its establishment and consolidation.” Nothing in the text suggests a distinction between “Jewish settlement” within Israel’s sovereign borders, and settlement in the occupied territories.

Yossi Alpher – former senior Mossad official and IDF intelligence officer) predicted as much in his weekly explainer for Americans for Peace Now. Deconstructing recent quotes by Prime Minister Netanyahu (“Without the Nation State law it would be impossible to ensure Israel’s future as a Jewish state for the coming generations”) and Tourism Minister Yariv Levin (“The hysterics of the political left prove that this is an excellent law. Once the composition of the [High Court] judges is changed, we can get what we wanted”), Alpher deduced:

“…the ultra-nationalist right, currently Israel’s political mainstream, intends to continue absorbing the land of the West Bank into Israel. Simultaneously it seeks, in one form or another, to disenfranchise more than three million Palestinians living there lest they become Israeli citizens and tilt the demographic balance away from ‘Jewish’ and (with a combined population including 45 percent Arabs but still excluding Gaza) toward ‘bi-national’. A Jewish nation state in which only Jews determine the country’s constitutional nature is the perfect ‘legal’ legislative vehicle for taking the necessary apartheid-like measures to make this happen.”

Israel Moves to Approve a New Settlement…By Expanding An Existing One (An Old Trick)

On August 8th, the Israeli Civil Administration announced that it is planning to retroactively legalize the Adei Ad outpost by massively expanding the borders of the (brand new) Amichai settlement to turn Adei Ad into a (non-contiguous) neighborhood of Amichai. In effect, this is a stealth operation by Israel to turn the Adei Ad outpost into an entirely new official, legal settlement.

Map by Haaretz

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.

The plan takes into account a Civil Administration “Blue Line” survey in 2017, which found that the strip of land between the Amichai settlement and the Adei Ad outpost is privately owned Palestinian land. It seems that the Civil Administration is opting (for now) not to use its newly endowed tools for expropriating privately owned land for the use of settlements, and is instead moving forward with a plan that will effectively leave Adei Ad – ostensibly now a neighborhood of Amichai – physically disconnected from its new parent settlement. The strip of Palestinian land in between the two will almost certainly become inaccessible to its Palestinian owners, as is much of the Palestinian land near Adei Ad, a notoriously radical and violent outpost. It is highly likely that at a later date the land will be expropriated.

The Civil Administration unveiled the new plan in a letter addressed to Israeli NGO Yesh Din, in response to a 2014 petition against the Adei Ad outpost filed by the group on behalf of Palestinian landowners. The Civil Administration’s letter claimed the 2017 “Blue Line” land survey determined that Adei Ad is built on “state land” and is therefore eligible for retroactive legalization (despite having been built there entirely illegally). Yesh Din and its clients have formally appealed the findings of that survey, contending that Adei Ad is partially on private land.

After the Amichai borders are expanded to give cover for the legalization of Adei Ad, the Israeli Civil Administration is set to transfer administrative responsibilities over the expanded settlement (including the Adei Ad “neighborhood”) to the Binyamin Regional Council – the municipal body responsible for administering services and enforcing building laws in settlements within its jurisdiction (though it rarely moves to enforce laws against the illegal settler construction). As Haaretz notes:

“Except in the rarest cases, the council does not enforce the law against illegal construction in its jurisdiction…As a result of the transfer of administrative powers to municipal authorities at Amichai, the settlers will be able to build new structures illegally without effective enforcement.”

Yesh Din’s attorney, Shlomi Zecharia, told Haaretz:

“The inhabitants of the villages near the outpost have become hostages to the policy that abundantly rewards prizes and gifts to ideological criminals. Cutting off farmlands by means of a false [expansion of] jurisdiction is extreme, disproportionate and needless, and in fact is intended to perpetuate restrictions on and infringement of Palestinian property, this time under the official auspices of the government.”

Map by Peace Now

Additionally worth noting, the Amichai expansion/Adei Ad legalization plan will represent yet another reward to settler law-breakers who evacuated from the unauthorized Amona outpost. Previously, the pay-off to settlers included the approval and construction of the Amichai settlement, which was the first new settlement to be built with government authorization in 25 years. It included, too, the approval of Shvut Rachel East, an outpost which – just like Adei Ad – became a non-contiguous “neighborhood” of an existing settlement (Shilo). The Amona pay-off package can now count a third settlement, Adei Ad. As FMEP documented at the time, the Trump Administration reportedly accepted the Amichai plan as an exception to its settlement policy which, at that time, was described in the media as President Trump asking Netanayahu “hold back on settlements for a little bit.”

Yesh Din comments on the Adei Ad scheme:

“Viewed in a broader context, this retroactive authorization is a major step towards fulfillment of Israel’s plan to annex Area C: retroactively authorizing unauthorized outposts at any price so as to ‘normalize’ them and render them permanent settlements; and creating continuous settler presence across the West Bank, from west to east, in order to facilitate the annexation, while dispossessing Palestinians of land that is their source of livelihood and in blatant disregard of international law and of the rights of Palestinian residents.”

Israeli Govt is Funding a Settler School Squatting in a Palestinian Home

The Times of Israel has a detailed report on a government-funded religious school that for years has been operating illegally in a privately owned Palestinian home near the Ofra settlement, in the center of the West Bank. The Mishpatei Eretz Institute, which is operating the school, receives around USD $55,000 annually from the Israeli Culture Ministry, and has received a total of USD $214,039 from government bodies over the past three years alone.

Map by Google, markers by The Times of Israel

In the mid 1990s the home was physically cut off from the Palestinian village to which it belongs when Israel paved Route 60, the major north-south highway in the West Bank. In 2003, Israeli settlers broke into the home while its owners, the Shehadeh family, were on a day trip to Ramallah. After invading the home, settlers produced forged documents claiming that the Al-Watan settler organization purchased the building, and then spent years trying to prove that the purchase was legitimate in order to have the building registered with the Civil Administration. The Shehadeh family also spent years trying to force the IDF to evict the squatters, but nothing was ever done. In the meantime, Al-Watan donated the building – even without having legally established ownership of it – to the Mishpatei Eretz Institute, which then began operating a religious school in the building with government funding.

In 2013, the Jerusalem District Court ruled against Al-Watan’s claim to the building (slamming the organization and its officers for engaging in rampant fraudulent activity), deciding that the documents had been forged and recognizing the original Palestinian owners’ rights. Ten days after the ruling, the IDF Central Command issued a military order seizing the plot of land the home sits on, claiming “security purposes.” The IDF also built a fence around the area. The military order seizing the land will remain in force until 2019.

When contacted about the story, the IDF acknowledged the 2013 Court ruling but did not offer an explanation for any of its actions dating to either before or after the court ruling. A lawyer representing the Palestinian owners told The Times of Israel that the family will soon petition the High Court of Justice to have the settlers, and their school, evicted.

The anti-settlement watchdog Kerem Navot told reporters:

“We see here another example that reveals the corrupt system that Israel maintains in the West Bank. Rather than enforce the law, and evict and punish the settlers who invaded the property, the IDF issued a corrupt military order based on security needs that de facto enables them to stay there. On top of that, we now discover that the government is generously funding criminal bodies like the Mishpatei Eretz Institute.”

Transferring Israeli Trash to the West Bank

Haaretz reports that the Israeli government is close to finalizing a new plan to transfer waste from Jerusalem to the West Bank. Under the scheme, Israel will build a waste treatment facility east of the Ma’ale Adumim settlement to handle waste from Jerusalem. The facility will recycle or burn as much of the waste as possible, and then transfer the resulting ash and any remaining waste back into Israel.

Since the West Bank is under a military occupation, environmental regulation standards are considerably lower than in sovereign Israeli territory, making the West Bank an ideal spot for Israel to dump/treat its waste on the cheap, a practice extensively documented in a 2017 report by B’Tselem. The report asserts:

“Waste treatment in the West Bank is simply one more facet of the exploitative policy Israel has practiced consistently for fifty years now, using Palestinian space and people to further its own interests. As part of this policy, Israel treats the West Bank – and particularly Area C, where it retained full control under the Oslo Accords – as an area meant to serve its needs exclusively, as if it were its sovereign territory.”

Echoing the B’Tselem report, MK Mossi Raz (Meretz) notes that the plan, though sold as an environmentally friendly solution, is part of Israel’s de facto annexation of the West Bank, saying:

“Although at first glance it looks as though the ministry wants to protect the environment, the government plans clearly demonstrate that the goal is to prepare the ground for annexation. The building of infrastructure in the occupied territories by the state, without cooperation from the PA, deepends Israeli control in the territories, and thereby in effect is bringing us even closer to the day when the Israeli government will annex the territories.”

The Israeli Defense Ministry is slowing down the implementation of the plan, which has broad support across other government ministries, for technical reasons — mainly having to do with a dispute about how the facility will be staffed.

Settler Regional Council Funds Activities Aimed at Undermining Israeli Law

In 2017 the Gush Etzion Regional Council contributed hundreds of thousands of shekels to illegal settlement and outpost construction in its jurisdiction, and heavily invested in projects connected to defending the unauthorized Netiv Ha’avot outpost against demolition. Data obtained by the Movement for Freedom of Information and analyzed by Peace Now show that the Gush Etzion Regional Council, which is supposed to be enforcing Israeli laws in areas under its jurisdiction, instead invested hundreds of thousands of shekels trying to help the illegal Netiv Ha’avot outpost skirt the law. The Council’s 2017 projects connected to Netiv Ha’avot included:

The construction of a new, unauthorized observation tower (a memorial site) in the outpost. Construction of the tower moved forward after the High Court of Justice ruled that 17 buildings in Netiv Ha’avot were built partially on Palestinian land and must be demolished.
A public campaign to save buildings in the Netiv Ha’avot outpost from demolition, including a payment to the radical Regavim settler organization in connection to the campaign (which is working to selectively enforce building laws against Palestinians in the West Bank). By the end of 2017, the council spent NIS 164,688 on the campaign – which, as Peace Now notes, became an even more active effort in 2018.
Building a new (at that point unauthorized) outpost for those settlers facing evacuation from buildings in the Netiv Ha’avot outpost. The Council was able to recoup some of those expenses when the government later approved an NIS 60 million package to provide compensation for the settlers who were evacuated as well as funds for the Council.

In addition to the Netiv Ha’avot outpost expenditures, and other unauthorized settlement projects, the Gush Etzion Regional Council spent NIS 1,755 on an ATV tour for MK Yehuda Glick to conduct a “survey on the application of sovereignty over (i.e., annexation of) Gush Etzion.”

Peace Now says:

“It is time for official authorities that are obligated to act according to the law to stop funding illegal activities, attacking the High Court and evading enforcement of the law, especially when using public funds. The Interior Ministry must put an end to this sinister exploitation of the public coffers, and must get our taxpayers’ money back.”

Bonus Read

“Fact and Fiction About the Amendment of the Israeli Supreme Court’s Jurisdiction Over West Bank Cases” (Lawfare Blog)

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.

May 25, 2018

Israeli Government to Advance 3,900 Settlement Units Next Week
Finance Ministry Announces Bargain Construction in Beit El & Ma’ale Adumim Settlements
Defense Ministry Supports Expropriation of Private Palestinian Land for Settlements
High Court Supports Destruction of Khan al-Ahmar [A War Crime], Clearing the Way for E-1 Settlement
Palestinians Ask the ICC to Open Investigation into the Israeli Settlement Regime
Bonus Reads

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

Israeli Government to Advance 3,900 Settlement Units Next Week

Israeli Defense Minister Avigdor Lieberman (Yisrael Beiteinu) announced that the High Planning Council (the body in the Defense Ministry’s which oversees all construction in the occupied West Bank) is expected to advance plans for 3,900 settlement units next week. Of that total, 2,500 units will reportedly receive final approval for construction and 1,400 will be advanced through the planning process. Peace Now estimates that 52% of the units will be located in isolated settlements.

Map by Haaretz

Lieberman – whom The Times of Israel and Haaretz note has repeatedly inflated settlement approval numbers in the past – said the specific plans set to advance will include:

400 units in the Ariel settlement (where a medical school financed by Sheldon Adelson was recently brought under Israeli domestic jurisdiction, in a case of de facto annexation. And where a future stop on the recently approved settler-only light rail is slated to be built.);
460 units in the Ma’aleh Adumim settlement;
250 units for an assisted living center in the Elkana settlement (where the settler-only light rail will also have a stop);
180 units in the the Talmon settlement;
170 units in the Neve Daniel settlement;
160 units in the Kfar Etzion settlement;
150 units in the Kiryat Arba settlement (where construction preparations for a new industrial zone – which in reality is a new settlement in Hebron – recently began);
130 units in the Avnei Hefetz settlement;
130 units in the Tene Omarim settlement;
80 units in the Hinanit settlement;
60 units in the Halamish settlement (where settlers have built a strategic outpost, with the protection of the IDF, in order to further restrict Palestinian access to the area);
45 units in the Ma’ale Efraim settlement;
40 units in the Avnei Hafetz settlement;
45 units in unspecified settlements.

This will be the third meeting of the High Planning Council in 2018, in accordance with a reported agreement between Israel and the United States to consolidate and coordinate the number of times settlement plans are announced. The first regularly scheduled meeting of the year was in January, when 1,122 new settlement units were advanced, of which 352 received final approval for construction. The Council met again, unexpectedly in February, which Lieberman tried to minimize by calling it “less significant” because the majority of the projects approved were non-residential. In fact, the projects were extremely significant. All of the plans expanded the footprint of settlements located deep inside the West Bank – including plans for a race track and hotel in the Jordan Valley. One “unusual” plan even created a new outpost to house settlers evacuated from a different outpost (the Netiv Ha’avot outpost case that FMEP has covered in exhaustive detail).

The anti-settlement watchdog group Peace Now writes:

“In the year and a half since President Trump took office some 14,454 units in the West Bank has been approved (in plans and tenders, including today’s announcement not including East Jerusalem), which is more than three times the amount that was approved in the year and half before his inauguration (4,476 units)…The Netanyahu government is clearly continuing to take advantage of the carte blanche the Trump Administration has given it in order to destroy the chances for peace. It is well-known that for a two-state solution to be feasible Israel will have to withdraw from most of the West Bank, yet the government keeps raising the political cost of this redeployment and the evictions it will entail. By adding housing to settlements, the government shows total disregard for the two-state solution.”

In reaction to Lieberman’s announcement, PLO Executive Committee member Hanan Ahrawi said:

“Such egregious policies affirm the imperative need for the International Criminal Court to open an immediate criminal investigation into Israel’s flagrant violations of international law and conventions,” she said in a statement….Israel’s declared intention to build thousands of illegal settler units in the occupied West Bank discloses the real nature of Israeli colonialism, expansionism and lawlessness…Undoubtedly, Israel is deliberately working to enhance its extremist Jewish settler population and to superimpose ‘Greater Israel’ on all of historic Palestine…It is evident that the recent provocative and unlawful moves adopted by the United States, Guatemala and Paraguay have emboldened Israel to move forward with enhancing its illegal settlement enterprise, thereby finalizing the total annexation of the occupied West Bank.”

Saeb Erekat, a top diplomat for the Palestinian Authority released a video response, in which he highlighted the PA’s recent referral to the International Criminal Court (ICC) to investigate Israeli settlement crimes (see FMEP’s coverage on the ICC referral, below). Erekat said in part:

“This is a flagrant violation and an eye opener to the judicial council of the ICC that an official judicial investigation must be opened immediately. This cannot go on. Israel cannot continue business as usual with this impunity and immunity that they think they have.”

Nadil Abu Rudeina, a spokesman for PA President Mahmoud Abbas, said:

“The continuation of the settlement policy, statements by American officials supporting settlements and incitement by Israeli ministers have ended the two-state solution and ended the American role in the region.”

Finance Ministry Announces Bargain Construction in Beit El & Ma’ale Adumim Settlements

In addition to the approvals expected from the High Planning Council this week, the Israeli Finance Ministry has announced that a 300-unit project in the Beit El settlement and 44-unit project in the Ma’ale Adumim settlement have been marketed as part of the “Buyer’s Price” program. Under this program, the government sells land to construction companies at low prices, and those companies commit to offering future settlement units at below market prices. With the plan being marketed in Beit El, the government is accepting bids on the project from construction companies which commit to pricing the apartments 20% below market value – in effect creating a powerful financial subsidy that incentivizes Israelis to move into settlements.

The Beit El project involves 5 buildings with a total of 296 units. According to Ynet:

“the program’s goal is to transform Beit El’s southeast agricultural area into a residential neighborhood as well as unification and re-division of the lands, which will be allocated to building houses, public offices, commercial areas, routes, and a public open space.”

FMEP has covered the progress of this Beit El project repeatedly over the past year, particularly because the push around Beit El projects typifies the Netanyahu-Trump era of settlement growth. Beit El settlers have lobbied for the project for over 5 years, ever since the settlers were evacuated from an outpost of Beit El (called “Ulpana”) in 2012. When the outpost was evacuated, Prime Minister Netanyahu promised to build replacement settlement units in Beit El. Buoyed by the apparent green-light from the Trump administration, over the summer of 2017 settler leaders repeatedly and publicly shamed Netanyahu for failing to fulfill that promise, and in response Netanyahu very publicly and repeatedly promised that the settlement units will be built expeditiously. After being ignored by the High Council during its September meeting, the plan for 296 units was then approved for marketing in October 2017. Now, this week, the government has acted on that approval to market the plan, moving ever closer to the start of construction. As the Ynet report notes, if/when the 300 units are built, this will be the first new, government-sanctioned construction in the Beit El settlement in 10 years.

Also in Beit El, the settler-aligned media outlet Arutz Sheva reports that the IDF plans to build a new “razor wire” fence to separate the settlement from the Palestinian Jalazone refugee camp, located across the street (where it has been since before Beit El’s establishment). At the time of this writing, there has been no additional reporting on where the fence will be placed, and if it relates to plans to build a wall between Beit El and the Jalazone refugee camp. To better understand the severe implications of the Beit El settlement on the lives of Palestinian in Jalazone, see B’Tselem’s updated, expanded, and now pictorial project: “Life under the shadow of the Beit El Settlement.”

As a reminder, U.S. Ambassador to Israel David Friedman is closely associated with the Beit El settlement, having donated to and fundraised for it prior to his appointment as ambassador (including in his capacity as the President of the American Friends of Beit El, reportedly from 2011 until he became ambassador).

The Beit El settlement was established in 1977, on land previously seized by Israel for military purposes. A second military seizure in 1979 enabled Beit El to expand. This method of establishing and expanding settlements has been repeatedly challenged in Israeli courts. The Israeli group Yesh Din led one such petition against Beit El, seeking to have the second seizure annulled; that petition was dismissed earlier this year. Yesh Din writes:

“The State understood that it was impossible to legally defend the land theft that has been ongoing in Beit El for 40 years on land that was seized for arbitrary reasons, but it refrained, once again, from defending the rights of the weakest population, simply because they are Palestinians. Despite this, we at Yesh Din will continue to fight against the dispossession of Palestinians and the infringement of their rights.”

Defense Ministry Supports Expropriation of Private Palestinian Land for Settlements

On May 24th, the Israeli Defense Ministry released a legal opinion endorsing the government’s plan to expropriate privately owned Palestinian land in the Ofra settlement in order to retroactively legalize illegal settlement structures built there. The opinion adopts the “market regulation” principle as a legal basis for Israel to expropriate privately owned Palestinian land in cases of settlements in which decades-old structures were built and/or purchased by Israelis “in good faith” (believing the Israeli government to be the rightful owner of the land). The legal opinion also calls for the Palestinian owners to be “fully compensated, if not more than that,” and recommends that the principle should not apply to cases of unauthorized outposts. The Ofra situation is a test case for the “market regulation” principle, which has not yet been used (or tested in court) to justify expropriating Palestinian land for Israeli settlements.

Defense Ministry legal advisor Itai Ofir called on Attorney General Avichai Mandleblit to adopt the legal opinion as a government policy, which stands a good chance of happening (Mandleblit already endorsed the Ofra expropriation on that basis). In fact, the Attorney General invented the “market regulation” principle in the first place, as an alternative to the legal argument made in the Regulation Law (which he opposed). The “market regulation” principle was also recommended in the recently released “Zandberg Report,” as one of the tools that the Israeli government should use to carry out massive land expropriations, retroactive legalizations, and continued and intensified settlement growth.

FMEP has chronologically documented the development and adoption of the “market regulation” principle in the Annexation Policies tables.

High Court Supports Destruction of Khan al-Ahmar [A War Crime], Clearing the Way for E-1 Settlement

On May 24th, the High Court of Justice upheld a government plan to destroy the Palestinian Bedouin community of Khan al-Ahmar and forcibly relocate its residents out of the Ma’ale Adumim/E-1 settlement area east of Jerusalem – which Israel is expected to carry out soon. The Court reasoned that the community’s structures were built on State Land without the proper permits, even though Israel deliberately makes such permits nearly impossible to obtain. Clearing Khan al-Ahmar from the its current site (where it has been for 60+ years) is widely interpreted to be a step towards building the “doomsday” E-1 settlement which, if built, will complete a ring of Israeli settlements around East Jerusalem, destroying the territorial contiguity between Palestinians living there and the West Bank, and preventing any possibility of a viable, contiguous Palestinian state with its capital in East Jerusalem.

Map by Ir Amim

Israel has faced intense criticism for its plan to forcibly relocate Khan al-Ahmar, a plan many, including B’Tselem, call a war crime. A group of 76 U.S. Members of Congress recently sent a letter to Netanyahu beseeching him to abandon the plan, as well as the plan to demolish the Palestinian community of Susya, in the South Hebron Hills.

Peace Now says:

“The State of Israel must implement a policy of moral values, justice, equality and human rights for the Jahalin people. It is not in the Israeli interest to forcibly move them from their homes. We must stop the abuse that has been going on for decades, and allow them to live according to their way of life, to make a living and to educate their children in a way that is no different from that of the Jews living in their neighborhoods.”

The Jahalin Bedouin built the Khan al-Ahmar community in the area east of Jerusalem in the 1950s, after they were expelled from their lands in the Negev by the Israeli military. A total of 18 Bedouin tribes live in the vicinity of Ma’ale Adumim/E-1, totaling approximately 3,000 people, who have already endured numerous demolitions this year alone. The Ma’ale Adumim settlement was built in 1975 on land near where the Khan al-Ahmar community already existed; the plan for the E-1 settlement was approved in 1999.

Palestinians Ask the ICC to Open Investigation into the Israeli Settlement Regime

The Palestinian Authority has officially asked the International Criminal Court (ICC) to open an investigation into the Israeli government’s illegal settlement activity. The text of the referral can be found here. Citing “sufficient compelling evidence” and an “alarming intensification of Israeli crimes,” Palestinian Minister of Foreign Affairs Riad Malki asked the ICC to immediately open an investigation into war crimes and crimes against humanity that have been committed against Palestinians in the West Bank, East Jerusalem, and Gaza. The referral requests that the investigation include:

“those who plan, prepare and implement policies linked to the settlements regime as well as those who enable it, whether through financial, military, or logistical support or otherwise aid and abet or encourage the commission of crimes connected to that regime.”

The referral lists specific, ongoing crimes that are “among the most widely documented in contemporary history,” for the ICC to investigate. The PA’s allegations mainly relate to settlement activity (much of which is documented on a weekly basis in FMEP’s Settlement Reports) including: the unlawful appropriation and destruction of private and public properties, including land, houses and buildings, as well as natural resources; the forcible transfer of Palestinians; the unlawful transfer of the Israeli Occupying Power’s population into Occupied Palestinian Territory; the “persecution, including the grave, widespread and systematic denial or violation of basic human rights on discriminatory grounds against Palestinians, including those resulting in or intended to achieve the deportation of forcible transfer, directly or indirectly, of the Palestinian population, the re-population of ‘cleansed’ territories with Israeli settlers and the unlawful appropriation of Palestinian land and properties”; and “the establishment of a system of apartheid based in particular on the adoption of discriminatory laws, policies and practices as well as the commission of inhumane acts intended to establish an institutionalized regime of separation and advancement of Israeli settlements accompanied by the systematic oppression and domination by Israeli settlers over Palestinians.”

After the PA submitted its referral, Israeli Foreign Minister Avigdor Lieberman argued that the “ICC lacks jurisdiction over the Israeli-Palestinian issue, since Israel is not a member of the Court and because the Palestinian Authority is not a state.” While Israel is not a member of the ICC, the State of Palestine acceded to the ICC in December 2014, and its membership took force in April 2015. In January 2015, the ICC’s Office of the Prosecutor opened a preliminary inquiry to “ascertain whether the criteria for opening an investigation are met.” The preliminary inquiry is listed as “ongoing” on the ICC website. Following by the referral for an investigation submitted this week, ICC Chief Prosecutor Mrs. Fatou Bensouda released a statement saying:

“Since 16 January 2015, the situation in Palestine has been subject to a preliminary examination in order to ascertain whether the criteria for opening an investigation are met. This preliminary examination has seen important progress and will continue to follow its normal course, strictly guided by the requirements of the Rome Statute.”

The press release also notes that this is the eighth referral on the matter to date (previously, the situation in Palestine was referred to the ICC for investigation by Uganda, the Democratic Republic of the Congo, the Central African Republic, Mali, the Comoros Islands, and the Gabonese Republic).

Bonus Reads

“Minister Ariel initiates museum of settlement” (Arutz Sheva)
“Cherry Plantation Burned in Settlement a Hay Torched in Southern West Bank” (Haaretz)
“Sheikh Jarrah: A Tale of Eviction and Resettlement” (Al Jazeera)

“In new film, Tel Aviv leftist picks up and moves to a West Bank settlement” (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.

December 8, 2017

Israeli High Court Orders Government to Submit Second Defense of the “Regulation Law”
Yesh Din Petitions for a New Hearing on the Amona Outpost Case
Ofra Settlement Moves to Retroactively Legalize Intentional and “Accidental” Land Theft
B’Tselem: “Made in Israel – Exploiting Palestinian Land for Treatment of Israeli Waste”
U.N. Database Documenting Businesses Operating in Settlements Nears Completion
U.S. Official: Trump Proclamation Does Not “Change” U.S. Policy on East Jerusalem Settlements
Jared Kushner’s Pro-Settlement Involvement: The Story Is Still Unfolding
Bonus Reads

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

Israeli High Court Orders Government to Submit Second Defense of the “Regulation Law”

Following Israeli Attorney General Avichai Mandleblit’s problematic argument against the constitutionality of the “Regulation Law” submitted to the court last week, the Court has now ordered the State to submit a new defense of the law by February 25, 2018. In light of the Attorney General’s opposition to the law, the government has hired a private attorney to defend it. The State’s attorney, Harel Arnon, has already submitted one defense of the law in August of this year, but now he must submit a second response explaining why the law should not be struck down on constitutional grounds.

While the court hears arguments, it has extended a temporary injunction against the use of the Regulation Law, which has been frozen since August. The “Regulation Law” seeks to provide a legal basis for retroactively legalizing outposts and settlement structures that were built without permission or permits from the Israeli government. Peace Now estimates that the Regulation Law could pave the way for the legalization of 55 Israeli outposts, 4,000 illegally constructed settlement units, through the seizure of thousands of dunams of Palestinian agricultural land.

Yesh Din Petitions for a New Hearing on the Amona Outpost Case

In October 2017, Israeli courts finally published the legal opinion behind a 2016 ruling against a plan to relocate the Amona outpost to a nearby plot of privately owned Palestinian land. Though the court ruled against the legality of the plan, the argument articulated in the freshly published document appears to show the Court accepting, for the first time, the argument that Israel can seize Palestinian private lands for the exclusive use of Israeli settlers. This argument is now being recycled in many other cases of illegal construction in the West Bank, including in the decision to retroactively legalize an access road leading to the Haresha outpost that was built on land that is proven to be privately owned by Palestinians.

In response, Yesh Din (which filed the original petition against the Amona plan) launched a new petition this week asking for a new hearing, arguing:

The reasoning of the Amona plan verdict establishes that the Military Commander has the authority to make temporary use of private Palestinian, even if such use serves the Israeli population exclusively, and that the Supervisor of Abandoned Property in the Civil Administration may initiate dissolution of partnership proceedings for Palestinian land, despite being a temporary trustee of this land only.

Evidence that these are precedent setting rulings came about a week after the reasoning was issued. Attorney General Avihai Mandelblit’s opinion regarding the access road to the outpost of Haresha noted that until the verdict, Palestinian land could not be expropriated for the benefit of Israelis alone, but that following the judgment, such a move became possible.

In late November 2017, Yesh Din petitioned the High Court on behalf of Palestinian landowners who challenged the Amona plan, asking for a further hearing by an extended panel in the judgment issued by Justice Salim Joubran, to decide on these two issues.

Ofra Settlement Moves to Retroactively Legalize Intentional and “Accidental” Land Theft

Based on the ruling in the Haresha case, Israel is moving to retroactively legalize a sewage treatment facility near the Ofra settlement that was built on land privately owned by Palestinians. The Civil Administration will consider advancing plans to that affect during a hearing of the High Planning Committee on December 6th [no news as of publication on 12/7].

The history of the Ofra sewage treatment plant is rife with scandal, including the public admission by the head of the powerful Binyamin Regional Council, Pinchas Wallerstein, that he knew the plant was being built on land owned by Palestinians. When Avi Roeh succeeded Wallerstein as the head of the Binyamin Regional Council, Roeh was caught issuing falsified building permits for the construction of the plant (the Binyamin Regional Council does not have the authority to issue building permits). Wallerstein and Roeh were later sued by the Palestinian land owners for trespassing; neither man denied the allegation and both were fined (minimally) by the High Court of Justice for their actions related to the sewage plant.

The Israeli NGO Yesh Din has led two petitions against the construction of the Ofra sewage plant. In the first, filed in 2009, Yesh Din asked the court to demolish the plant and return the lands to the Palestinian owners; the court partially accepted the demand and said that the plant cannot be operated until all legal proceedings are resolved. It also ruled that the plant must serve both the Ofra settlers and nearby Palestinian communities. The second petition, filed in 2014, challenged the Court’s decision to only fine rather than prosecute Wallerstein and Roeh for an offense they admitted to: trespassing. The Court rejected this petition, ruling the fines were sufficient.

As a reminder, the Ofra settlement is also battling to retroactively legalize the use of land inside of the settlement they “mistakenly” seized from its Palestinian owners.

B’Tselem: “Made in Israel – Exploiting Palestinian Land for Treatment of Israeli Waste”

In a timely report (see above), B’Tselem has published documentation of how Israel exploits its position as an occupying power to build waste treatment plants that treat Israeli-generated waste in the occupied West Bank, where environmental regulations are less strict. This is done in contravention of international law. The report observers:

Like other countries, Israel has a system in place for treating the waste generated in its territory. However, as this report reveals, a significant portion of this system is located outside Israel’s sovereign borders, in the West Bank. Abusing its status as an occupying power, Israel has set out less stringent regulations in industrial zones in settlements and even offers financial incentives such as tax breaks and government subsidies. This policy has made it more profitable to build and operate waste treatment facilities in the West Bank than inside Israel…

Israel is effectively having it both ways: seemingly increasing the amount of waste it treats, it actually does so by diverting the risks and pollutants onto Palestinian land and people…

Waste treatment in the West Bank is simply one more facet of the exploitative policy Israel has practiced consistently for fifty years now, using Palestinian space and people to further its own interests. As part of this policy, Israel treats the West Bank – and particularly Area C, where it retained full control under the Oslo Accords – as an area meant to serve its needs exclusively, as if it were its sovereign territory.

U.N. Database Documenting Businesses Operating in Settlements Nears Completion

With the passage of UN Resolution 2334, member states voted to uphold a legal distinction between Israel and the occupied territories. That important vote necessarily brought renewed attention to the way trade, business, banking, and other bilateral relationships with Israel must be examined in order for member states to comply with their own legal obligations and principles. In the words of the resolution, member states voted to “distinguish in their relevant dealings, between the territory of the State of Israel and the territories occupied since 1967.”

In parallel, at the beginning of 2018 the UN is due to release a database (which may turn out to be merely a report) looking at businesses that operate in settlements, in contravention of international law. The creation of the database is the result of a resolution taken by the United Nations Human Rights Council on March 24, 2016. Its purpose is to assist member states in complying with their legal obligations under international law. Israel and the United States are fighting tooth-and-nail against the publication of the database, labeling it an anti-Israel “blacklist.” U.S. Ambassador to the United Nations Nikki Haley has often used the database to bludgeon the UN, calling it an anti-Israel forum and threatening to leave the UN Human Rights Council if it isn’t reformed. However, as international legal scholar Valentina Azarova explains:

The UN database is a mechanism to document, report, and engage primary interested parties. It does not have the mandate to adjudicate the responsibility of concerned parties, nor to act as a coercive tool of law enforcement. Thus, commentators who refer to it as a “blacklist” misrepresent it and undermine its legitimacy.

This week prominent Israelis mobilized in support of the databases’ publication, saying:

[we] believe that the international community has a crucial and urgent role to play in order to redress the Israel/Palestine fast deteriorating conflict. We believe that to serve that end, it is essential that the international community will act against the settlement policy of the Government of Israel, which bars any resolution of this conflict.

U.S. Official: Trump Proclamation Does Not “Change” U.S. Policy on East Jerusalem Settlements

The following exchange happened during the 12/7/17 State Department Daily Briefing with Acting Assistant Secretary, Bureau of Near Eastern Affairs:

QUESTION: Thank you. What is the current policy of the U.S. administration towards Israeli settlements in East Jerusalem?

AMBASSADOR SATTERFIELD: As – this decision had no impact on any issue other than the recognition or acknowledgment of Jerusalem as the capital of Israel.

QUESTION: No. But so could you —

AMBASSADOR SATTERFIELD: I’ve answered your question.

QUESTION: Could you follow up what the policy therefore is, even though it has not been enacted?

AMBASSADOR SATTERFIELD: I’m not going to restate the policy at this point.

QUESTION: Well, can I just ask you then are you accepting the premise of the question that construction in East Jerusalem is settlement activity? I don’t believe that it’s (inaudible).

AMBASSADOR SATTERFIELD: What I am stating is an affirmative. The President’s decision was a recognition of Jerusalem as the capital of Israel. The President made clear issues that touch upon the boundaries of sovereignty or final status issues are not addressed by his decision.

QUESTION: I get it. The question is one of terminology.

AMBASSADOR SATTERFIELD: Fine.

QUESTION: You called construction in the West Bank settlement activity, but not necessarily construction in East Jerusalem. That’s just construction. It hasn’t traditionally —

AMBASSADOR SATTERFIELD: The President’s decision did not touch on those issues.

To date, the U.S. has not publicly commented on East Jerusalem settlements, even though there have been massive, game-changing, new settlement announcements made by the Netanyahu government in the most sensitive areas of East Jerusalem. The only public statement the U.S. has made on settlements (and repeats whenever the occasion arises) is that the U.S. does not believe settlements are an impediment to peace, but that settlement construction is not helpful in achieving that goal. As reported by FMEP in late October, the U.S. policy on Israeli settlements is rumored to be a 4-part “don’t surprise us” understanding; point #4 stipulates that there is no limit to construction on East Jerusalem settlements as long as the U.S. is given advance notice and the new construction is adjacent to existing settlement units.

Jared Kushner’s Pro-Settlement Involvement: The Story Is Still Unfolding

The news broke this week that Jared Kushner, son-in-law and senior advisor to President Donald Trump, failed to disclose his executive leadership of an organization that supported the construction of a yeshiva (a Jewish religious school) in the Beit El settlement. Kushner is currently leading the Trump administration’s efforts to restart Israeli-Palestinian peace negotiations.

Kushner served as co-Director of the Charles and Seryl Kushner Foundation from 2006 to 2015, during which time the foundation gave at least $38,000 towards the construction project in Beit El. The settlement is the same one that U.S. Ambassador David Friedman has long supported (Friedman was the longtime president of the American Friends of Bet El; according to the organization’s website, he “resigned from all his positions and involvement with Bet El on March 23, 2017, upon accepting his position as US Ambassador to Israel”).That same Kushner foundation also donated $15,000 to Etzion Foundation and $5,000 to Ohra Stone Foundation (both of which operate in settlements), in addition to $298,600 donated to the Friends of the Israeli Defense Forces.

In other news, it was discovered that another Kushner family charity, Kushner Companies Charitable Foundation, donated at least $18,000 to the American Friends of Beit El gala dinner this week. While this charity is “solely controlled” by Charles Kushner, Jared’s father, FMEP’s Lara Friedman notes,

Under normal circumstances you would expect someone who has a background of activism related to Israel to be working very hard to take a step back from that to show that he can be a credible mediator. Not only is that not the case, it’s the opposite.

This week also revealed that during the time of the Trump transition period (election day to inauguration day), Kushner unsuccessfully worked to convince Russia to oppose U.N. Resolution 2334, on which the Obama Administration abstained (enabling it to pass) in December 2016. Some suggest that in doing so, Kushner and others working with him may have violated the Logan Act – which prohibits unauthorized citizens from interfering in foreign policy against the interests of the United States. Kushner’s involvement in these efforts was revealed (or confirmed, rather) in connection with the ongoing Special Counsel’s investigation into collusion between the Trump campaign and the Russians.

Yossi Alpher of Americans for Peace Now said it best:

In historical perspective, we will look back and recall that the settlements cause, already a disastrous symbol of Israel’s decline as a Jewish and democratic state, was also sullied by being caught up in a host of illegal, unethical and plain outrageous acts of collusion with Russia by Trump and his entourage.

Bonus Reads

“Could Settlers Stay in a Future Palestinian State?” (Al-Monitor)
“Israel Arrests 20 Palestinians in Fracas with Hiking Settlers” (Times of Israel)
“Secret amendment of Israeli order could cost 300 Palestinians their homes (Al-Monitor)
Statements by FMEP grantees on President Trump’s announcement on Jerusalem (FMEP)

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

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.

November 22, 2017

Israeli AG Support for Land-Grab Paves Way for Legalization of [at least] 13 Outposts
Israeli AG Approves Retroactive Legalization of “Mistaken” Land Theft
Israeli AG to Present Argument on the “Regulation Law” This Week
Threatened Eviction of Another Palestinian Bedouin Community in E-1
Israel Fast-Tracks Jerusalem Cable Car Project Despite Political Concerns
Settlers Fight for the “Right of Return” to Illegal, Inaccessible West Bank Settlements
Bonus Reads

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

Israeli AG Support for Land-Grab Paves Way for Legalization of [at least] 13 Outposts

Map by Haaretz

The far-reaching implications of the legal opinion issued last week by Israeli Attorney General Avichai Mandleblit, in the context of a case dealing with the Harsha outpost, are becoming alarmingly clear. Haaretz reports that the opinion will pave the way for Israel to retroactively legalize 13 unauthorized outposts, many of which are deep inside of the West Bank. The 13 outposts (and many others) were all built without Israel’s permission on pockets of state land, surrounded by privately owned Palestinian land. Roads leading to these outpost – without which the outposts cannot be fully planned and legalized – were (or will be), by necessity, built on land owned by Palestinians. This opinion paves the way (pun intended) for that to happen.

Dror Etkes, founder of the anti-settlement group Kerem Navot, notes that the impact of the decision is actually far greater than reported by Haaretz: “The real number of [affected] outposts is over 60.” Etkes adds,

The story [is] that the settlers are striving to resolve, with Mandleblit’s help, involves hundreds (yes hundreds!) of roads that have been illegally paved for decades around settlements and outposts, on land that even Israel recognizes as privately-owned. Now, with a little creativity and a lot of nerve, a legal mechanism has been invented to enable settlers to retroactively authorize the road system, without which the national land grab enterprise championed by Israel in the West Bank, can’t function.

Notably, several outposts that spun off from the Itamar settlement are among those that could benefit from this new legal precedent. Near Nablus, Itamar’s hilltop outposts form a contiguous land bridge – with roads connecting them – from Itamar to the Jordan Valley. Itamar’s residents are notorious for their ultra-nationalism.

Israeli AG Approves Retroactive Legalization of “Mistaken” Land Theft

Attorney General Mandleblit has endorsed an argument, made for the first time since 1967, in a legal brief submitted this week in Court by the Israeli government, that paves the way for Israel to expropriate privately owned Palestinian land inside the Ofra settlement, and potentially in other places as well. The land in question was “mistakenly” included as part of the settlement. The State filed the brief this week in response to a legal challenge to the Ofra settlement’s Master Plan.

Map by Haaretz using Google Maps

The case centers on a “mistake” which happened when the Ofra settlement master plan was approved; Israel argues that at the time it did not know that some of the land in the area had not been declared “state land” (suggesting, at best, extraordinarily faulty due diligence in the planning process, and at worst, a policy of treating Palestinian land ownership claims as irrelevant). In 2016, the State acknowledged Palestinian claims to the land and announced its intention to rectify the problem by re-drawing the settlement’s master plan.

With this new argument, the State, backed by the Attorney General, has reversed the 2016 commitment and is instead moving to formally expropriate the Palestinian plots, arguing that the Ofra settlers acted in good faith based on the government’s approval of the Master Plan (i.e. that settlers should not be punished for the State’s mistake). Earlier this year, AG Mandleblit suggested this exact argument (that land stolen by mistake, in good faith, could be legalized as long as the Palestinian owners were compensated) as an alternative law for the Knesset to pass instead of the Regulation Law, which he opposed.

Commenting on the AG’s opinion, Tawfiq Jabareen, the lawyer representing the Palestinian petitioners, told Haaretz:

Attorney General Mandelblit is continuing to destroy the status of the rule of law and severely undermine Palestinian property rights in the occupied territories.

Israeli AG to Present Argument on the “Regulation Law” This Week

On Nov. 23rd, Attorney General Avichai Mandleblit is expected to present his argument on the “Regulation Law” to the Supreme Court. As we reported previously, Mandleblit was staunchly opposed to the Regulation Law, arguing that the law is unconstitutional and refusing to defend the law against legal challenges mounted by several civil society groups earlier this year. At the time the law was being considered, Mandleblit proposed an alternative legal strategy to accomplish the same goal: the retroactive legalization of Israeli settlement activity in the West Bank.

Map by Peace Now

Mandleblit has been expected to argue forcefully against the law, which provides a new legal basis for the retroactive legalization of outposts and agricultural land seizures, with Palestinian owners provided “compensation” (but no choice in the matter). Following the opinion Mandleblit issued last week regarding the Harsha outpost case (implications of which we detail above), and given his recent support for the retroactive legalization of land theft for the benefit of the Ofra settlement (detailed above), it is quite possible that his opposition to the retroactive legalization of land seizures has softened.

If upheld, the Regulation Law can be used to retroactively legalize 55 outposts and 4,000 unauthorized settlement structures by expropriating over 8,000 dunks of privately owned Palestinian land.

Threatened Eviction of Another Palestinian Bedouin Community

The wave of IDF-ordered evictions continued this week, with the Jabal al-Baba bedouin community only the latest to be affected. The approximately 300 residents were ordered to leave their encampment near the Maale Adumim/E-1 settlement area east of Jerusalem within 8 days. The Jabal al-Baba community has been living in the area since 1948, after it was expelled from the Negev.

The Jabal al-Baba community is the second bedouin community in the Maale Adumim/E-1 area to be faced with eviction this year. In August, Israel escalated its longstanding threat to forcibly relocate the Khan al-Ahmar bedouin community to a site near the Abu Dis garbage dump – a move that B’Tselem warns will constitute a war crime. FMEP has covered the story in detail, including as it relates to the prospects for the construction of the doomsday E-1 settlement.

Israeli actions to remove Palestinian bedouin communities from Area C are not confined to the Jerusalem area. On November 1st, the Israeli army ordered the eviction of an entire bedouin community in the northern Jordan Valley.

Israel Fast-Tracks Jerusalem Cable Car Project Despite Political Concerns

Haaretz reports that Israeli planning authorities are moving ahead with plans to build a controversial cable car line in East Jerusalem, despite growing opposition. As FMEP reported in July, the planned cable car line is designed to facilitate tourism to Jewish sites in East Jerusalem while preventing tourists from encountering Palestinians. It features a stop at the settler-run Kedem Center, which was built in the Palestinian East Jerusalem neighborhood of Silwan.

Jerusalem expert Daniel Seidemann explained

There are four worrisome aspects to this project. Without reference to political matters or religious sensitivities, this is a crime against Jerusalem. Disrespect for the unique value of the city and another example of the ‘disneyfication’ of Jerusalem under [Mayor Nir] Barkat. Someone who loves Jerusalem could not conceive of such a project. [The idea that] someone can send a cable car 150 meters away from the Al Aqsa Mosque is smoking the wrong thing….[the project] is another example of how the public interest and the interests of Jerusalemites are being subverted for the good of the settlers of Silwan, with the final station shamelessly at the Kedem Center, serving the narrow ideological interests of the settlers….[the project is] a clumsy attempt to unify the divided city by means of engineering gimmicks.

Settlers Fight for the “Right of Return” to Illegal, Inaccessible West Bank Settlements

Israeli settlers are angling to return to four settlements – Ganim, Kadim, Sa-Nur and Homesh – that were dismantled in 2005, as part of Ariel Sharon’s disengagement plan. Settlers have long insisted they will “return” to the sites.

In this latest effort, they are focusing on the argument that the land has not been used since they abandoned it. Falling in Area C, and therefore under the full authority of Israel’s Civil Administration, the former settlements remain vacant despite Palestinian desire to develop it. The Jenin Municipality, which has nominal jurisdiction over the location, reportedly wants to develop the areas but has not yet applied for the necessary Israeli permits; applying to do so, in any case, would almost certainly be futile, given that Israel issues virtually no permits for Palestinian construction in Area C. In the meantime, the sites have become a garbage dumpsites.

Two or the sites – Ganim and Kadim – can only be accessed by driving through the Palestinian city of Jenin, raising security issues that make their redevelopment into settlements a remote possibility. Sa-Nur and Homesh, in contrast, are easily accessible by settlers. Earlier this year settlers and supporters, including right-wing Israeli lawmakers, gathered at the site of Sa-Nur demanding that the government let them return. At the site of Homesh, radical settler youth are already squatting, have established a yeshiva (religious school) and actively prevent Palestinian access.

Bonus Reads

“How Israeli settlers turn archeological sites into political tools” (Al-Monitor)
“Ombudsman: Settlement council doctored tenders to reward right-wing NGOs” (Times of Israel)