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.

September 30, 2022

1. 150+ Palestinians (30 Families) Face Imminent Displacement Following Secret Land Registration in East Jerusalem
2. In Major Step Towards Authorization (Under Israeli Law), Israel to Provide Security to Outposts
3. Bonus Reads

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150+ Palestinians (30 Families) Face Imminent Displacement Following Secret Land Registration in East Jerusalem

Ir Amim reports that, as a result of Israel’s secret registration of land in East Jerusalem, 30 Palestinian families received eviction notices instructing them to leave their homes by September 1, 2022. Since the deadline has passed, the Israeli General Custodian can open a legal case to pursue their eviction at any moment. The eviction notices appear to be premised on Israel’s secret registration of land between near Abu Dis and Jabal al-Mukhaber, which was made public in August 2022.

There are two significant problems to this pretext. First, Ir Amim reports that only 3 of the 30 families which received eviction notices actually live on the parcel of land which State seized control of – the 27 other families live nearby but not within the borders of the parcel of land.

Secondly – and perhaps more significantly – Ir Amim has new evidence that forty years ago Israel examined the ownership of the same exact parcel of land and determined that it was privately owned by Palestinians, not Jews, prior to 1948. This new finding completely delegitimizes the premise on which the State seized control of the land this year.  Ir Amim writes:

“Beyond the fact that most of the families facing eviction do not even reside on the respective plot, according to Ir Amim’s examination, there is no evidence to corroborate claims of Jewish ownership of the land designated as bloc 31735. This calls into question the means in which the General Custodian registered the land under its management. Due to the fact that the procedure was carried out in a covert manner and authorized in a closed court proceeding—likely at the behest of the General Custodian—it is impossible to ascertain the basis of its claims. While the Israeli media reported that the Custodian registered the land under its management based on proof affirming Jewish land ownership from the early 20th century, the documents Ir Amim acquired refute those claims.”

To learn more about Israeli land registration – and how it is being used as another tool to dispossess Palestinians in East Jerusalem – listen to FMEP’s recent podcast episode on this topic featuring Amy Cohen of Ir Amim.

In Major Step Towards Authorization (Under Israeli Law), Israel to Provide Security to Outposts

On September 29th, the Israeli military announced that, for the first time, it will provide security for illegal/unauthorized outposts, which will include equipping these outposts with surveillance and warning systems, lighting, public address systems, and firefighting equipment. The army’s announcement touted this as a “major change in policy,” and further, “the army’s job is to protect any place where Israeli citizens and residents are found. This important and necessary change will enable us to bolster the region’s layers of defense.”

Underscoring the absurdity of the situation, the Israeli army plans to only provide outposts with portable equipment – – because permanent construction in the outposts is illegal under Israeli law. The State has tried for years to correct that fact, having commissioned several councils and task forces to examine the legal status of each outpost and plot legal paths towards authorization. That work is still ongoing. By providing military protection to the outposts, Israel is undertaking a significant step towards retroactively authorizing the outposts and in fact proceeding with the de facto annexation of the outposts. 

The Forum for Young Settlements (which is a euphemism for outposts) celebrated that military’s decision as a big step towards authorization, saying:

“[the IDF’s decision is] an important step towards full authorization…We are happy that two years after Defense Minister Benny Gantz toured ‘young settlements’ and after our hard work and repeated requests, he has finally decided that it is not possible to endanger our lives and the lives of our children any longer,” the forum said in response to the decision.”

The Israeli anti-settlement NGO Yesh Din said that, with this new decision:

“the army will provide protection to the lawbreakers, and has thereby turned itself and its soldiers into partners in crime. Granting protection to the outposts is a reward for the criminals who live in these illegal outposts and a continuation of the policy of creeping annexation of the West Bank that is being pushed by extremists under the auspices of the Israeli government.”

Peace Now said in response:

“Illegal outposts need to be dismantled, not secured.”

Bonus Reads

1. “Israel installs remote-controlled weapons system at Hebron checkpoint, alarming Palestinians” (The New Arab)
2. “Israel green lights use of drones to assassinate Palestinians in West Bank: Report” (Middle East Monitor)
3. “Regavim Field Coordinator comes under fire near Kiryat Arba” (Arutz Sheva)

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.

September 9, 2022

1. Israel Advances Givat HaShaked Settlement Plan in East Jerusalem
2. Israel Delays (for now) Consideration of E-1 Settlement
3. Israel Planning to “Legalize” 30+ Shepherding Outposts in Massive Land Grab
4. Israel to Request Another Delay in Demolition of Khan al-Ahmar
5. IDF Issues Orders to Keep Settlers Out of Ramat Migron Outpost Area
6. IDF Removes Amichai Settlement Tower
7. Yesha Council Elects New Leader
8. Settlement Schools are Flourishing
9. Bonus Reads

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Israel Advances Givat HaShaked Settlement Plan in East Jerusalem

On September 5th, the Jerusalem District Planning Committee advanced plans to build a new settlement in East Jerusalem, to be called “Givat HaShaked.” The plan provides for 700 housing units (in 4 highrise towers and several six-story buildings), a school, and commercial buildings –all to be built on a highly sensitive and geopolitically critical sliver of land located within the Palestinian neighborhood of Beit Safafa. The plan was approved for public deposit, an advanced stage in the Israeli planning process. The plan for Givat HaShaked is unprecedented, according to the Israeli NGO Terrestrial Jerusalem, in that it is the first settlement of this size that that Israeli government will establish within a Palestinian neighborhood.  Beit Safafa is already in the process of being completely surrounded by Israeli development (for Jewish Israelis) — most notably with final approval of the Givat Hamatos settlement plan, for which tenders were issued in January 2021.

The Israeli NGO Ir Amim also points out that, while the government goes to great lengths to find a way to squeeze in several high rise towers to house Israelis in East Jerusalem, there is no parallel effort to address the decades-long lack of planning and approvals  for Palestinian communities. Ir Amim writes:

“Givat HaShaked is also a flagrant example of the breadth and depth of housing and planning discrimination in the city. While Givat HaShaked is intended for land located along the built-up area of Sharafat, it is not designated for the community’s development needs, but rather a new housing project for Israelis over the Green Line in Jerusalem. Construction of this new settlement will likewise stand in stark contrast to the existing Palestinian neighborhood, dwarfing and engulfing Sharafat with high-rise apartment buildings – the likes of which Israeli authorities refuse to promote or approve for Palestinian areas. In a similar fashion, the remaining land reserves on the eastern side of Beit Safafa, which could have been used to address the neighborhood’s housing needs, were depleted to advance construction of the Israeli settlement of Givat Hamatos.”

Interior Minister Ayelet Shaked celebrated the advancement, telling Arutz Sheva: 

“As I promised, despite all the pressures from at home and abroad, the Givat Hashaked plan was approved today by the district committee. This plan is located in the heart of Jerusalem and is unthinkable to prevent development and construction in this area as well as all over the city. This is an important plan that will lead to an increase in the supply of housing units, employment areas and public buildings for the well-being of the residents.”

As a reminder, the Israeli government has been sitting on plans for Givat HaShaked for decades, but has refrained from implementing them because doing so would require the government to seize a sizeable amount of land in East Jerusalem, some of which is privately owned by Palestinian residents of Sharafat (a section of the Palestinian neighborhood of Beit Safafa). Other parts of the land proposed to be used for the Givat HaShaked settlement plan are managed by the Israeli General Custodian (but neither owned or claimed by the government of Israel) – a fact Ir Amim calls “highly unusual and seemingly marks a new phenomenon.” The Israeli General Custodian is empowered by the State to  act as a caretaker of land that has unknown ownership until the heirs are located. In an attempt to explain why the General Custodian has the authority to approve a plan for construction on land that the State does not own, the Israeli Justice Ministry told Haaretz that the plan for Givat HaShaked increased the value of the land and that “by law, the administrator general is obligated to care for the assets under his management in a way that will benefit their private owners.”  This answer implies, bizarrely, that if and when Palestinian heirs are located, they will be somehow better off with their land having been used to build a settlement.

Another important facet of how Givat HaShaked is being advanced now is the decision by the Israeli government in late 2020 to initiate a (typically secret) registration process for land in East Jerusalem, including in the Sharafat area. At this time, it is unknown whether the land managed by the General Custodian in Sharafat (and designated for the new settlement) has been – or is in the process of being – registered. On that uncertainty, Ir Amim writes:

“…in the event that it is the same location [where formal land registration has taken place], this move would constitute yet another brazen example of how the settlement of title procedures are repeatedly being used to aid state authorities and settler groups in taking over more land in East Jerusalem…Although portrayed as a measure to ostensibly benefit Palestinian residents, there has been grave alarm that these [land registration and settlement of title] procedures would in fact be exploited to confiscate Palestinian land for political purposes, leading to the expansion of Jewish settlement and widespread Palestinian dispossession in the city.”

For a deep dive into land registration in East Jerusalem, please listen to a new FMEP podcast featuring Kristin McCarthy (FMEP) in conversation with Amy Cohen (Ir Amim).

Israel Delays (for now) Consideration of E-1 Settlement

The Israeli Higher Planning Committee of the Civil Administration has again delayed its consideration of the E-1 settlement plan, which was scheduled to be taken up at the Committee’s September 12th meeting.  The E-1 settlement is considered a “doomsday” settlement for much of the international community that still hopes to negotiate a two state solution. This same committee was previously scheduled to take up the E-1 plan on July 18th – days after U.S. President Joe Biden’s visit to Jerusalem.  The Israeli government intervened to postpone the meeting, rescheduling it for September 12th – the hearing that has now also been delayed.

Peace Now said in response: 

“This is welcome news, but we wish to see E1 taken off the table completely. E1 is lethal to the two-state solution, highly detrimental to Palestinian freedom of movement and to connection between different parts of the future Palestinian state. The Israeli government, and in particular Minister of Defense Benny Gantz (in whose jurisdiction these decisions lie), must take the plan off the table completely.”

This repeatedly delayed meeting promises to be a decisive one for the long-pending E-1 plan, and could result in the Committee granting final approval to the highly contentious plan. Barring intensive outside pressure, additional postponement of the hearing seems highly improbable, given the Israeli domestic politics and the upcoming national election. 

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

Israel’s “answer” to the latter criticism has long been to argue that Palestinians don’t need territorial contiguity, and that new roads can instead provide “transportational continuity.” To this end, Israel has already built the so-called “Sovereignty Road” – a sealed road that enables Palestinians to pass through, but not to enter, the E-1 area. That road is wholly under Israel’s control (meaning Israel can cut off Palestinian passage through it at any time). In January 2021, then-Prime Minister  Netanyahu promised to increase funding for the “Sovereignty Road” as part of the drive to get E-1 built.

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

Israel Planning to “Legalize” 30+ Shepherding Outposts in Massive Land Grab

Haaretz reports that the Israeli Civil Administration is in the midst of a years-long process of drafting new protocols that will allow the State to “legalize” settlers’ claims to huge areas of the West Bank (mainly in Area C) that settlers have de facto seized through illegal shepherding activities (grazing settler-owned flocks of sheep, etc on the land). The Civil Administration is working to “legalize” this land theft in areas where the land in question is categorized by Israel as “State land.” 

The phenomenon of “shepherding outposts” has been extensively documented by the Israeli NGO Kerem Navot, which has identified it as currently the “most significant mechanism for dispossessing Palestinian communities” in the West Bank. According to Kerem Navot’s May 2022 report, entitled “Wild Wild West,” settlers have taken control of nearly 7% of Area C of the West Bank (around 60,000 acres) via 77 of these grazing outposts.

The Haaretz Editorial Board – in a piece entitled “Settler Crime Always Pays” – writes:

“Once again, the settlers have proved that Jewish crime in the territories always pays. The Civil Administration began formulating the draft regulation about two years ago, against the background of the increase in the number of these outposts. The proper response to the growing number of farms established illegally would have been to see to their removal and to step up enforcement. Instead, the agency bowed down to the settler masters and seeks to cut the law to fit their vices…It must be hoped that he [Gantz] recognizes that it is a looting mechanism designed to take control of more and more of Area C, to prevent Palestinians from working their land and to reduce their living space.”

As a reminder: Israel has a legal responsibility under international law regarding stewardship of “state land” held under its occupation. As the Association for Civil Rights in Israel explains:

“Israel holds state land in an occupied territory as a trustee, and must do everything possible to preserve and develop it for the benefit of the local Palestinian population. The very use of state land for the purpose of building settlements and/or developing infrastructure and industrial zones not in favor of the Palestinian population constitutes a violation of international law.”

Israel to Request Another Delay in Demolition of Khan al-Ahmar

Facing a September 11th deadline to complete the forcible relocation of the Khan al-Ahmar community from their longtime lands just east of Jerusalem (an act that would constitute a war crime), Israeli Prime Minister Yair Lapid has become just the most recent Israeli premier to ask the Court for an extension.  As a reminder, the High Court has ordered the demolition of Khan al-Ahmar, which it declared to be illegally built (i.e., lacking Israeli building permits that are virtually impossible for Palestinians to obtain).

The Israeli High Court imposed a deadline on the State to demolish Khan al Ahmar in response to a petition filed by the right-wing pro-settler group Regavim, which sued the government for failing to carry out the demolition of the community in the wake of the Court’s ruling that the community was built illegally. That demolition order has been pending since 2018. The Court granted several delays to the Netanyahu government, and one to the Bennett government. When granting the government another delay in September 2020, the Court said that it would not be granting any more delays. It then granted several more delays, most recently in July 2021, ostensibly due to Russia’s invasion of Ukraine.

Prior to becoming Prime Minister, Lapid opposed the State’s plan to forcibly relocate Khan al-Ahmar. Reports suggested that the government has been preparing a plan that would entail the demolition of the Khan Al-Ahmar, followed by (bizarrely) the rebuilding of the community some 300 meters from where it currently stands.

IDF Issues Orders to Keep Settlers Out of Ramat Migron Outpost Area

After three weeks of repeatedly demolishing the “Ramat Migron” outpost, only to have settlers rebuild it, the IDF has issued a new order declaring the area a “closed military zone” — apparently in hopes of barring settlers from entering the area. The order is effective for only one month. As a reminder: The IDF already viewed it as illegal for settlers to enter the area (which is why the IDF arrested settlers in the area last week), so it is not clear (at least as of this writing) what is different about this new order.

The IDF informed the settlers of the new order as they were in the process of constructing buildings at the Ramat Migron site. Settlers have already vowed to continue fighting to establish a settlement on the hilltop.

IDF Removes Amichai Settlement Tower

On September 8th, Israeli authorities demolished a tower built by settlers on land that has been allotted to the Amihai settlement, located in the Shiloh Valley in the northern West Bank. Settlers built the tower apparently in order to surveil a nearby Palestinian village where new homes are being built. Settlers have already vowed to rebuild the tower.

The Amichai settlement was approved for construction in 2017, making it at that time the first new settlement formally approved by the Isareli government in 25 years. Aerial imagery from 2021 show the massive growth Amichai has enjoyed in the years that followed its establishment, a previously empty hilltop with cultivated fields nearby have been transformed into a sizable suburban neighborhood. In addition to new construction, Amichai was also massively expanded, subsequent to its initial construction, when the Israeli Civil Administration announced that its plan to retroactively legalize the Adei Ad outpost by significantly expanding the borders of the Amichai settlement to turn Adei Ad into a (non-contiguous) neighborhood. In effect, this was a slight-of-hand by Israel to turn the Adei Ad outpost into an entirely new official, legal settlement.

Yesha Council Elects New Leader

The Yesha Council – an association of heads of settlements and regional council leaders that acts as the settler lobby to the government – has elected a new chair, Shlomo Ne’eman. Ne’eman is set to take over the post from David Elhayani.

Ne’eman has earned his stripes as the chairman of the Gush Etzion Regional Council. Upon his election (he was unopposed), Ne’eman said:

“The first task before us is to strengthen the sovereignty and the Jewish presence in the region. This is the time to unite against those who seek our harm, the Palestinian Authority and other terrorist organizations that fight us with guns and knives, as well as with plows and concrete pumps, and to continue working to develop and strengthen Israeli settlement in Judea, Samaria and the Jordan Valley.”

Settlement Schools are Flourishing

According to a newsletter issued by the Friends of Beit El Settlement (an organization that former Ambassador David Friedman used to chair), as the new school year starts there are 86,000 children living in settlements and enrolled in 270 elementary schools across the West Bank. In addition, the newsletter reports that 35,000 settler students attend ~200 post-elementary schools. Gloating, the newsletter boasts:

“Beautiful numbers like these don’t just happen on their own. We can barely imagine the amount of idealism and effort and self-sacrifice over the course of decades, under severely difficult economic and security conditions, that has gone into the Yesha enterprise.”

Bonus Reads

1. “Settlement Org Eyes a New Target, and Israeli Authorities Go Out of Their Way to Help” (Haaretz)
2. “IDF preparing to use armed drones in West Bank operations” (The Times of Israel)
3. “U.S. Examining Allegations Against Israel’s Orthodox West Bank Battalion” (Haaretz)

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

To subscribe to this report, please click here.

August 19, 2022

1. Ir Amim on East Jerusalem Land Registration & State Land Seizures 
2. Israel Advances Plan to Build New Settlement “Ariel West”
3. IDF Razes “Ramat Migron” Outpost for Second Time in a Week
4. Ultra-Orthodox Settlers Establish Their First-Ever Outpost
5. Israel Pauses to “Rethink” Plan to Build on Historic Site of Lifta
6. Bonus Reads

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Ir Amim on East Jerusalem Land Registration & State Land Seizures 

In an alert issued August 11th, Ir Amim adds important information and analysis of Israel’s seizure of a plot of land in East Jerusalem last week. Importantly, Ir Amim explains how Israel is using the process of land registration to (sometimes covertly) take control over more and more land in the most sensitive areas in East Jerusalem. 

Ir Amim writes:

“The area between Jabal Mukkaber and Abu Dis has long been targeted by the state and settlers due to its strategic location…Upon investigation, Ir Amim discovered that 12 dunams of land (bloc 31735) situated in the same location referred to in the article were recently registered under the management of the General Custodian in the Land Registration Office…Rights, bloc 31735 recently underwent settlement of land title procedures (formal land registration). Initiated on May 31, 2021, the settlement of land title process was swiftly completed in just over a year with little to no transparency and formally registered in the Tabu (land record) on July 14, 2022. The official order transferring the respective plot of land into the management of the General Custodian was issued on June 8, 2021—a mere days after the announcement of the settlement of title process on the same bloc of land. It should be underscored that the General Custodian is one of the state institutions formally and integrally involved in the settlement of title process. The timing is certainly not coincidental, and it was clearly carried out as a means to assert Jewish ownership claims of the land. In contrast, the process has yet to be initiated on the adjacent thousands of dunams of land owned by Palestinians in the same area.

 

Such a move constitutes yet another cynical exploitation of the settlement of land title procedures which are being conducted in the framework of Government Decision 3790—a decision aimed at ostensibly improving the well-being of Palestinians in East Jerusalem. As reported previously, an examination of the locations where the procedures have been completed or currently underway reveals the driving rationale: settlement of land title is largely being promoted in areas where the state and/or settlers have a particular interest and have some capacity to lay claim to the land in the framework of the proceedings. As such, these procedures are being used as yet another mechanism to seize more territory in East Jerusalem under the guise of a decision and budgets earmarked for Palestinians.”

Israel Advances Plan to Build New Settlement “Ariel West”

On August 18th, the Israeli Civil Administration discussed an amended plan to build an access road leading to an area of land where Israel is intending to build a new settlement, dubbed “Ariel West.” At the time of publication, it is unclear the outcome of the discussion is not yet known. We do know that Israel was forced to amend its original plan to build the access road to the new settlement site when it was proven that the route went through privately owned Palestinian land belonging to the village of Salfit.

The plan for “Ariel West” was first discovered in November 2021, after the Israeli Ministry of Construction issued tenders (on October 24, 2021) for the new settlement, under the guise of a plan to “expand” the Ariel settlement, located south of Bethlehem. Under the plan, 731 new settlement units will be 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.

Peace Now said in a statement:

“The government has been given another opportunity here to stop the establishment of the new settlement. After the Ministry of Housing rushed to issue tenders for the sale of the building rights, construction can still be halted if the defense minister stops the planning process. The “Ariel West” plan is not just a plan for thousands of housing units, but it is a new settlement designed to block the town of Salfit and prevent the development of Palestinian space in the area. Road comprise the infrastructure of the occupation, and the undercurrents of apartheid in the occupied West Bank. This dangerous plan must be stopped.”

“Ariel West” is one of many clear illustrations of how Israel systematically rewards unauthorized/illegal construction undertaken by settlers. In this case, settlers established an unauthorized outpost (i.e., illegal even under Israeli law) called “Nof Avi”on the hilltop where the new settlement is slated for construction. The Israeli government has allowed that outpost to remain in place for the past year, and thereby restrict Palestinians’ access to agricultural lands they rightfully own.

The hilltop and the Nof Avi outpost is located on land declared by Israel to be “state land” inside of the jurisdictional boundaries of the Ariel settlement, as authorized by the Israeli government. The jurisdictional boundaries of Ariel include several non-contiguous land areas — due to the fact that the area is dotted with land that even Israel recognizes to be legally owned by Palestinians (de facto annexing private Palestinian land to the settlement by leaving it in some places nearly completely surrounded by land controlled by the settlement).

The new settlement will further exacerbate the limitations that the settlements inflict on Palestinian agricultural workers, in addition to the future development of the nearby Palestinian town of Salfit, as illustrated in this video by Peace Now.  Even before the “expansion” plan, Ariel’s jurisdictional area was identified as a direct hindrance on the future development of Salfit. 

With news of the new settlement in October 2021, the Mayor of Salfit – Abdullah Kamil – explained to Haaretz:

​​“Salfit is slated for expansion. It has a university and there are plans to add 10,000 students over the next few years. The city’s master plan will have to be enlarged, and the site where the new settlement is planned is exactly the direction toward which we wanted to expand. This situation will explode. We also told the Israelis this; it will open a new front and it will harm Israeli security. It’s clear that part of the plan’s purpose is to eliminate any chance of a political solution.”

IDF Razes “Ramat Migron” Outpost for Second Time in a Week

On August 14th Israeli forces once again cleared settlers and their property off of a hilltop where the settlers are attempting to establish a permanent outpost, which the settlers call Ramat Migron. Israeli forces cleared the site just four days prior, but settlers quickly re-occupied the area.

As a reminder, in 2012 an illegal outpost known as Migron was dismantled by the Israeli government when the Israeli High Court ruled the land is privately owned by Palestinians. Since then settlers have continually sought to reestablish a settlement there. Israeli forces have razed outposts at the site at least 10 times in the past 10 years — all the while denying Palestinians the ability to reclaim control over land that an Israeli court affirmed they own.

In addition to the IDF retaining control over the Migron outpost site, Israel rewarded the settlers it forcibly removed from the Migron outpost by promising to establish two new official settlements: “New Migron” as well as 184 housing units to be built east of the settlement of Adam (aka, Geva Binyamin). Construction of the “New Migron” settlement was completed in July 2020. All said, the two new settlements and temporary housing for the evicted settlers cost Israeli taxpayers millions of dollars – sending a clear message that settler law-breaking pays.

Ultra-Orthodox Settlers Establish Their First-Ever Outpost 

On August 16th, a group of 15 settler families announced the establishment of a new outpost near the settlement of Metzad, located in the southern West Bank. The settlers, notably, are ultra-orthodox Jews – making this the first outpost established by ultra-orthodox settlers. The settlers, who are calling the outpost “Derech Emunah,” have built 15 makeshift structures already at the site, which they are using as a yeshiva, synagogue, and homes.

A leader of the group, Moshe Rotman, said:

“The establishment of Derech Emunah is designed to increase awareness within the ultra-Orthodox community of the religious commandment of settling the land, as well as showing that the housing crisis in the community can be resolved through settlement construction in Judea and Samaria.”

The Ultra-Orthdox have long been viewed as distinct from religious-nationalistic settlers. Most ultra-Orthodox settlers moved to homes in the settlements for cheap housing (and their desire to live in homogenous communities) rather than out of a religious or nationalistic belief that Israel has a right and/or obligation to reclaim all of the land between the river and the sea. The establishment of this outpost challenges that understanding. Rotman called the Ultra-Orthodox a “dormant volcano,” insisting that the new outpost was established not merely by members from the fringe of the ultra-Orthodox community, and suggesting that many more ultra-Orthodox settlers will follow suit. 

Peace Now said in response:

“Security forces must demonstrate zero tolerance to the outpost criminals, whether they are ultra-Orthodox, Zionist ultra-Orthodox or just criminals. Defense Minister Benny Gantz is avoiding evacuating the Homesh outpost. We call on him to instruct today, to demolish the new outpost. Any minute that the outpost is still standing shows that all he (Gantz) cares about is pleasing [right-wing Justice Minister Gideon] Saar and [right-wing Knesset member] Matan Kahana. It shows that he tries pleasing the ultra-Orthodox parties at the expense of the State of Israel.”

It’s also worth noting that Rotman said that the outpost was established in response to what his group perceives as the Israeli government’s selective enforcement against illegal construction by Israelis and the Palestinians in Area C of the West Bank. As FMEP has routinely covered, settlers and their allies in the Israeli government have perpetuated a false narrative – which at this point is deeply held by settler leadership – that the Israeli government is failing to thwart an alleged campaign by the Palestinian Authority to take over land in Area C via “illegal” construction – referring to construction by Palestinians on their own land, but without Israeli-required permits that Israel systematically refuses to issue. Settlers are using this story to push the government to more swiftly and systematically demolish any/all Palestinian construction in Area C.

Playing on this narrative, settler leader Tzvi Succot, who plans to run for the pro-settler Religious-Zionist (Orthodox) party Knesset list primaries, said:

“It is very exciting to see how members of the ultra-Orthodox community join with dedication to the holy mission of settling the land of Israel, breaking through the choking ring placed on the settlement enterprise in the West Bank. I hope the state of Israel won’t play a discrimination game and won’t demolish the new community, while all around it are hundreds of Arab-constructed illegal buildings that are not subjected to the law.”

Israel Pauses to “Rethink” Plan to Build on Historic Site of Lifta

The Times of Israel reports that the Jerusalem Municipality and the Israel Lands Authority have agreed to “rethink” their plans to build a luxury housing development on the ruins of the historic Palestinian village of Lifta, located in West Jerusalem. Lifta is the last Palestinian village in West Jerusalem to remain partially intact. Israel has prevented Palestinian refugees and landowners from returning to it, but has not yet demolished all the original structures (55 out of the original 400 structures still remain). In 2017 the ruins of Lifta were named by the World Monuments Fund as one of 25 at-risk sites around the world, and Lifta on the list of UNESCO’s tentative World Heritage Sites for bearing “unique testimony of the traditional village life.” 

The Times of Israel further reports that after visiting the site, Israel’s Mayor of Jerusalem Moshe Leon is considering a plan to “preserve the village and turn it into a World Heritage Site.” However, in commenting on the Mayor’s new directive, the Israeli Municipality erased Palestinians, their history and their culture, from the story of Lifta. In a statement, the Jerusalem Municipality said:

 

“[Lifta] serves as an important heritage symbol for Jerusalemites, Israelis and all those who come to Jerusalem. In the past, a plan to build housing units on the site was approved. The mayor discovered that this plan does not consider the preservation needs to the proper degree and in his opinion, is not appropriate at all. Therefore, in coordination with the ILA, it was decided not to market [the project] and to have a rethink. At the heart of the new thinking is the preservation of Lifta and its transformation into a world heritage site.”

Israel’s plans to build on top of Lifta’s ruins surfaced In May 2021, when Israel announced it planned to open bidding on a tender for the construction of 259 luxury housing units, commercial buildings, and a hotel. The announcement spurred a strong reaction, including daily protests on the land and several legal petitions. A lawyer representing a group of Palestinians refugees from Lifta submitted a petition against the plan in August 2021. In addition, the Israeli NGO Emek Shaveh submitted a petition against the plan, including three expert opinions with its submission, one from a civil engineer, a second from an ecologist, and a third written by a team of five architects and conservation planners. 

While FMEP’s settlement and annexation report focuses on settlement building in areas located over the 1967 Green Line, the story of Lifta – and of other Palestinian villages forcibly depopulated by Israeli forces in the 1948 – is another facet of the Israeli government’s policy of erasure of Palestinians via the establishment of Jewish Israeli communities. You can read one Palestinian’s account of forced her forced displacement from Lifta, here.

Bonus Reads

1. “Jerusalem girls school repaints iconic Homesh water tower” (Arutz Sheva)
2. “Israel recovers rare findings from alleged antiquities traffickers in West Bank” (The Times of Israel)
3. “Peace Now is taking direct action against settler outposts. Can it succeed?” (+972 Magazine)
4. “Why did the army shut down a Palestinian village? So settlers could pray in it” (+972 Magazine)
5. “Extreme left opposes Mosh Ben Ari’s performance in the Hinnom Valley in Jerusalem“ (Arutz Sheva)

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

To subscribe to this report, please click here.

August 4, 2022

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

 

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

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

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

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

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

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

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

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

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

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

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

Yesh Din writes on the significance of this ruling:

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

In +972 Magazine, Orly Noy writes:

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

Settlers Acquire Another Home in Downtown Hebron

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

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

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

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

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

Elad Closes Palestinian Access Road Near Sambuski Cemetary in Silwan 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Haqel and Emek Shaveh further explain:

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

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

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

 

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

Bonus Reads

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

 

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

To subscribe to this report, please click here.

March 18, 2022

1. Court Delays Decision on Mass Expulsion in Massafer Yatta
2. Settlers Construct New Outpost on World Heritage Site in Battir
3. Ma’aleh Adumim to Challenge Government of Delay of E-1 Settlement Construction
4. This Week in Settler Terrorism
5. U.S. Ambassador Has Harsh Words for Settlements, But Admits Some Construction Will Proceed
6. Further Reading

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Court Delays Decision on Mass Expulsion in Massafer Yatta

On March 15th, the Israeli High Court held what was expected to be a decisive hearing regarding the fate of eight Palestinian communities facing expulsion — at the hands of the Israeli State — from a large area in the South Hebron Hills known as Massafer Yatta. This is an area that Israel declared to be a closed “firing zone” in the 1980s (known as Firing Zone 918). 

At the conclusion of this week’s hearing the Court did not issue its final ruling, but indicated it will convene another hearing in the coming months at which time it will issue its ruling. If given the green light, the forced expulsion in Massafer Yatta would constitute the largest displacement of Palestinians by Israel in decades — displacement that would be entirely illegal under international law.

This week’s court proceedings were live tweeted by the Israeli human rights group Breaking the Silence, and also covered by Palestinian journalist and activist Basel al-Adraa, who lives in Massafer Yatta. Adraa noted that it is “extremely likely” that the Israeli High Court will rule in favor of the State, and in so doing provide a green light (and legal cover, as far as the Israeli legal system is concerned) to the State’s plans to forcibly relocate some 1,300 people from the their homes and destroy their villages and  their unique way of life.  The State has maintained its argument that the firing zone is essential to state security, specifically for military training exercises because the terrain resembles Lebanon.

+972 Magazine, in a helpful explainer on this topic, explained why this effort to establish a pretense of legality for Israel’s actions against Palestinians in the South Hebron Hills flies in the face of international law and Israel’s obligations under treaties it has signed, writing:

“According to international law, and as detailed in treaties to which Israel is party, it is illegal to use occupied territory for a purpose that serves only the occupier and not the occupied population. In addition, international law prohibits the forcible transfer of the occupied population. The state has further claimed that one reason it needs the land in Masafer Yatta is to train soldiers for a possible war in Lebanon. But here, international law stipulates that such military use of occupied land can only be for the direct management or security needs of the occupied territory itself, making Israel’s declared purpose regarding Lebanon also illegal.”

A lawyer representing the eight communities under threat, Shlomo Lecker of the Association for Civil Rights in Israel, told Reuters:

“This case is not about a firing zone, it is about taking control of land because unlike other areas, most of this land is privately owned,” said Shlomo Lecker who, along with the Association for Civil Rights in Israel, is representing 200 of the Palestinian families under threat of displacement. In effect this is land expropriation without compensation.”

Basel al-Adraa wrote for +972 Magazine:

“Our expulsion from Masafer Yatta has never ceased over the last two decades. Lacking the ability to expel everyone at once, like in 1999, the army has tried to slowly dispossess us. To immiserate us until we leave. Every year, I have watched as Israeli soldiers seal our wells, cut water lines, and destroy the roads that connect our villages. The dangerous road conditions here are a constant reminder of a racist reality governed by an army that denies us our ability to live on our land legally. Even our vehicles are confiscated by soldiers when they feel like it. Our lives have become nearly impossible. We want to build families and homes, but know the army will destroy those as well.”

Settlers Construct New Outpost on World Heritage Site in Battir

In the early morning hours of March 14th, a group of settlers accompanied by Israeli soldiers set up a new outpost on a piece of land in the Palestinian village of Battir, located near Bethlehem, on land that is registered UNESCO world heritage site. Settlers reportedly moved in two caravans, a large tent, and sheep – suggesting an intent to establish a so-called agricultural outpost. The sheep pen was reportedly removed from the area on the same day it was brought in. 

Since the outpost was set up, Middle East Eye reports that Israeli soldiers have been continuously patrolling the area to prevent any Palestinians from approaching the site – and attacking those who attempt to protest the new outpost. This is the fourth time settlers have attempted to establish an outpost in the area of Battir.

An local activist from Battir, Hassan Muamer, explained the settlers strategy:

“The settlers want to connect these two outposts [the new outpost and an outpost established in 2019 in the nearby Al-Makhrour Valley] together, and confiscate hundreds of acres of land in the process..This is all part of their plan, to shorten the distance between the two outposts, confiscate more land, and eventually connect these outposts to the settlements of Har Gilo, Gilo, and Gush Etzion, creating a massive settlement bloc that extends from Jerusalem, through Bethlehem, all the way to Hebron.”

Peace Now said in a statement:

 “It is no coincidence that this illegal outpost is established while most of the public’s attention is drawn towards the war in Ukraine. The current government has already failed several times in stopping a handful of settlers in Eviatar, Homesh, and other places and has refrained from evicting illegal outposts immediately upon their establishment. The government must not fail this time, so the outpost will not be established.”

Ma’aleh Adumim to Challenge Government of Delay of E-1 Settlement Construction

The Jerusalem Post reports that the settlement council of Ma’aleh Adumim is preparing to submit an appeal against the State of Israel for delaying construction of the E-1 settlement, contending that Prime Minister Bennett and Defense Minister Gantz lack the authority to freeze the plans at this stage. The petition will be submitted to the Jerusalem Local Court, according to the report.

As a reminder, the E-1 settlement plan remains on the precipice of construction. In January 2022, the Bennett government intervened to stop a key hearing on the project. At the time, reports suggested that the political echelon had put on “indefinite hold” on the plan, largely due to U.S. pressure. U.S. Ambassador to Israel Thomas Nides seemed to confirm that U.S. pressure was exerted at that time to stop E-1 from moving forward, telling Peace Now recently:

“I went full board [sic] on E1… It is a very important area which if [built] could cut off any possibility of a capital for the Palestinians.”

Also as a reminder: in its current form, the E-1 plan provides for the construction of 3,412 new settlement units on a site located northeast of Jerusalem. The site is home to several Palestinian bedouin communities, including Khan al-Ahmar, which Israel has already undertaken to forcibly displace (many attempts). Long called a “doomsday” settlement by supporters of a two-state solution, construction of the E-1 settlement would sever East Jerusalem from its West Bank hinterland, preventing East Jerusalem from ever functioning as a viable Palestinian capital. It would also cut the West Bank effectively in half, isolating the northern West Bank from the southern West Bank and foreclosing the possibility of the establishment of a Palestinian state with territorial contiguity.

Israel’s “answer” to the latter criticism has long been to argue that Palestinians don’t need territorial contiguity, and that new roads can instead provide “transportational continuity.” To this end, Israel has already built the so-called “Sovereignty Road” – a sealed road that enables Palestinians to pass through, but not to enter, the E-1 area. That road is wholly under Israel’s control (meaning Israel can cut off Palestinian passage through it at any time). In January 2021, then-Prime Minister  Netanyahu promised to increase funding for the “Sovereignty Road” as part of the drive to get E-1 built.

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

Also, as a reminder: under the Trump Plan (which the Biden Administration has yet to comment on), the area where E-1 is located is slated to become part of Israel.

This Week in Settler Terrorism

On March 14th, an Israeli-licensed car drove into an IDF checkpoint, in an apparent attack, near the illegal Homesh outpost, lightly injuring two Israeli soldiers. It’s unclear what happened next, as the IDF has not said if the perpetrator – who is thought to be an Israeli settler, given the license plate on the car – was arrested. What is clear is that the IDF did not respond with lethal force, as is almost always the case when Israeli soldiers perceive themselves to be under attack by a car driven by a Palestinians.

This week’s apparent car ramming attack transpired two days after settlers from the site of the former settlement of Homesh (which is supposed to be a closed military zone) arrived at the checkpoint to stage a stone-throwing attack on Palestinian cars. The settlers ended up battling IDF soldiers who attempted to stop their terrorism. An IDF soldier subsequently filed a complaint with the Israeli police about the incident.

Elsewhere, Israel arrested two settlers on suspicion of involvement in vandalism and destruction of Palestinian property in the village of Fara’ata on March 15th. One of the detained settlers serves as the security coordinator for the Gilad outpost, and the second arrestee is a bodyguard. Following the arrest and remand of the settlers, security coordinators for various other Israeli settlements and outposts announced they will be going on strike.

It’s also worth noting that Defense Minister Benny Gantz signed an order this week to place an unnamed 21-year old settler under administration detention on suspicion of involvement with terrorism against Palestinians and Israelis. Though administrative detention is a familiar military tool used to keep Palestinians incarcerated without charge, Haaretz reports this will be the first such order signed against an Israeli since February 2020.  There are currently 490 Palestinians being held as administrative detainees according to Addameer.

The detained settler is believed to be from the Givat Ronen outpost, an outpost from which settlers attacked Palestinians and Israeli activists who were planting trees on privately owned Palestinian land near the village of Burin in the northern West Bank in January 2022. Footage of the attack shows settlers wielding clubs, throwing stones, and burning a car — in the process injuring six people. Following the attack, the Israeli authorities delivered demolition notices to five structures at the Givat Ronen outpost (also known as Sneh Ya’akov), where the attackers are believed to be illegally living. The notices were posted on January 23rd.

Subsequently, the apparently undaunted settlers attacked an IDF soldier during riots near the Givat Ronen outpost. Haaretz reports that dozens of settlers participated in the attack, which included stone throwing and tear gassing Israeli troops.

Kerem Navot – an anti-settlement watchdog – provides critical history on the Givat Ronen outpost and how violence is at the center of settlers’ drive to takeover Palestinian land, tweeting:

“The outpost of ‘Givat Ronen,’ known also as ‘Sneh Yaakov,’ is named after the man who founded it in 1998–Ronen Arusi…Givat Ronen is one of two outposts located around the isolated, violent, and extremist settlement of Har Bracha, which was established overlooking the city of Nablus in 1983. Givat Ronen is located about a kilometer south of the settlement…The two outposts surrounding this settlement (like all outposts in the West Bank) are used for the same function: to take over land surrounding the settlement. In this case, the lands of the village of Burin. The approach is simple: you build an outpost on land that was looted by the state by declaring it to be “state land”; from there you continue to take over cultivated agricultural land surrounding the outpost by way of violence ​​most of which were previously cultivated by Palestinians. In practice, as a result of the settler violence that is backed by the army, Palestinians are not able to access any of this land, or any of the land within the much larger area around the settlement covering about 5,400 dunams that this land is located in, unless they work in construction in the settlement of Har Bracha. The scumbags who carried out this pogrom below the outpost have learned this tactic well: employing murderous violence in order to increase the size of the territory that Palestinians cannot enter. They have every reason in the world to assume that in this case, as in every case, no one will bother to leverage the law against them.”

U.S. Ambassador Has Harsh Words for Settlements, But Admits Some Construction Will Proceed

Speaking to a virtual event organized by Americans Peace Now, U.S. Ambassador Thomas Nides called Israeli settlement construction “infuriating” and “stupid.” Nides, while deriding the settlement growth, conceded that the U.S cannot (or will not?) stop Israel from all settlement construction,  saying:

“We can’t do stupid things that impede us for a two-state solution…We can’t have the Israelis doing settlement growth in east Jerusalem or the West Bank. I’m a bit of a nag on this, including the idea of settlement growth – which infuriates me, when they do things – just infuriates the situation, both in east Jerusalem and the West Bank… [I] would be lying [if he said that it was possible to avert] every single house that is built. I can’t stop everything, just so we are clear.”

Bonus Reads

1. “Major New Developments: Plans being advanced around the Old City and the Court verdict regarding Sheikh Jarrah evictions” (Terrestrial Jerusalem)
2. “Instead of Army Service, Israel Allows People to Volunteer at Illegal West Bank Outposts” (Haaretz)
3. “US envoy looks to bolster West Bank economy with 4G service, tech offerings” (The Times of Israel)
4. “PA complains to US over ‘settler terrorism’” (Arutz Sheva)

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 28, 2022

1. Israel Destroyed The Salihiya’s Home in Sheikh Jarrah. Now The Salihiyas Are Appealing to the ICC
2. Knesset Committee Chair Vows to Protect Homesh Outpost & Yeshiva
3. A War Crime in the Making: Israel Finalizes Plan for Forcible Relocation of Khan Al-Ahmar
4. Settlers Attack Palestinians & Israel Human Rights Activists
5. Settlers Violently “Parade” Through West Bank Town
6. Israeli Government Increases Funding for Annexation/Dispossession via Archaeology Effort
7. Israel FM Denounces Effort to Connect Outposts to Israeli Services — While Israeli Communications Goes Ahead and Does Just That (for one outpost)
8. Further Reading

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Israel Destroyed The Salihiya’s Home in Sheikh Jarrah. Now The Salihiyas Are Appealing to the ICC

The International Centre of Justice for Palestinians (ICJP) has announced it will file an appeal with the International Criminal Court on behalf of the Salihiya family, whose members was forcibly displaced by Israeli forces from their home in Sheikh Jarrah last week. The Salihiya family home(s) and business were demolished by Israel, on the basis of Israel’s 2017 unilateral expropriation of their land ostensibly for “public use.” The ICC appeal accompanies ongoing efforts by the Salihiya family and its lawyer in Israeli courts, where the family’s lawyer recently announced they intend to file an appeal with the High Court of Justice to compel the State to rebuild the family home. 

According to the ICJP press release, the Salihiya family has been a client of the London-based law firm Bindmans Solicitors since October 2021, and will be finalizing its appeal this week.

ICJP Director Crispin Blunt (a member of the British parliament) said: 

“The Sheikh Jarrah case is already notorious.  ICJP is proud and privileged to stand alongside this family as they represent not just their own interests, but the century of historic injustice meted out to the Palestinian people individually and collectively. For Israel’s sake, for all Palestinians, and for humanity’s sake, the Sheikh Jarrah case needs to be a turning point where justice and our common humanity starts to count for more than people’s insecurities driven by fear.  Given that what has happened is wrong on any moral basis let us find the route to justice for all our sakes. ICJP stands with the victims against violence and fear. Stand with us for justice and the best of our shared interest in a just peace and the rule of a just law.”

As a reminder, on March 3, 2021, the International Criminal Court (ICC) formally opened an investigation into the “Situation in Palestine.” The investigation is expected to look at, among other things, potential war crimes committed by Israelis involved in the settlement enterprise. This could include the prosecution of Israeli officials involved in establishing settlements in the occupied territory – which are illegal under international law. For a rich discussion of the ICC case and the complexities involved in it, watch this recent FMEP webinar, ”Israel-Palestine at the International Criminal Court: What Next?”

Knesset Committee Chair Vows to Protect Homesh Outpost & Yeshiva

On January 27th, Knesset House Committee Chairman Nir Orbach, from the Yamina party (the party of Prime Minister Naftali Bennett) vowed that the government “do[es] not intend to evacuate Homesh.” The government is expected to issue a position on the illegal Homesh outpost and yeshiva (Jewish religious school) on February 6th. In the meantime, settlers who continue to visit the illegal (even under Israeli law) Homesh yeshiva also continue to regularly terrorize surrounding Palestinian villages and drivers.

The government is facing a court-mandated deadline to file its response to a 2019 case that is still pending before the Israeli High Court. That case – initiated by residents of the Palestinian village of Burqa, with the legal assistance of Yesh Din – calls for the removal of the Homesh outpost and demands that the land be returned to its Palestinian owners (and that the IDF ensures that Palestinians are indeed able to access their land). Since the Israeli government dismantled the Homesh settlement in 2005 (as part of Ariel Sharon’s “disengagement”), Palestinian have been denied access to the land, even as settlers have been permitted regular access and have been granted de facto (but not formal) permission to establish and maintain a yeshiva and outpost there.

While the government formulates its response to the case, settlers and their allies continue to raise the political stakes for the Bennett government, with the settler-run Arutz Sheva outlet even running a piece that equates the Homesh situation the Alamo (a piece which also launches a defense of the notoriously violent and frequently anarchist Hilltop Youth settler movement).

In a particularly incisive report by the Associated Press on the Homesh outpost — focusing on the settlers who illegally established and now attend yeshiva there, and the IDF’s role in enabling their continued presence — a Homesh devotee makes clear how the settlers view Palestinians:

“Ben Shachar, the teacher at the yeshiva, said farmers [referring to Palestinian landowners currently unable to access the area] should coordinate their entry with the Israeli military. He said he’s open to dialogue with ‘any Arab who accepts that the Land of Israel [which he makes clear includes all of the West Bank] belongs to the Jewish people,’ but that terrorism is ‘part of the DNA of Arab society’.”

A War Crime in the Making: Israel Finalizes Plan for Forcible Relocation of Khan Al-Ahmar

The Times of Israel reports that the Israeli Security Cabinet will soon vote on a plan to demolish the Khan Al-Ahmar bedouin community and (bizarrely) rebuild it some 300 meters from where it currently stands. The State is under the pressure of a March 6th court deadline (which has already been delayed once at the request of the State) to implement the Court-ordered demolition of Khan al-Ahmar, which the Court declared to be illegally built (i.e. lacking Israeli building permits that are virtually impossible for Palestinians to obtain). 

Residents of Khan al-Ahmar – who have been living for years under a sustained threat of forcible displacement (a war crime) and are routinely harassed by Israeli forces – reportedly oppose this plan to forcibly displace them, and are planning a protest for January 30th. 

At the same time, many Israeli lawmakers and right-wing groups also reject this plan – not out of concern for displacing the Bedouin, but out of concern that it doesn’t achieve the desired effect of removing them from this part of the West Bank — a strategic area in the eyes of Israeli settlers and their allies who want to build settlements encircling Jerusalem and cleanse Area C of its Palestinian residents.

Yoav Kisch of the Likud party and Religious Zionism MK Orit Strock issued a joint statement saying:

“This is a fake evacuation with highly dangerous repercussions. The damage in legalizing Khan al-Ahmar is immense. The de facto meaning is that the State of Israel approves the Palestinian plan to take over this strategic area.”

Regavim CEO Meir Deutsch said:

“The area in question, the Mishor Adumim area, is the most strategic, lying between Jerusalem and the Jordan Valley Jericho and Ramallah. That’s why the place gets so much attention from the PA and the EU…This is a small collection of huts, one of dozens in the same area, one of hundreds established in Area C. The strategic location is what draws this attention. The defense minister’s desire to whitewash the place is the realization of the Palestinian strategy to take over the area. It establishes land grabs in the heart of this strategic area…The idea the Defense Ministry came up with is about moving three hundred meters and fixing them in the heart of this strategic area, and this is not an agreed plan. The villagers have already announced that they oppose any movement, even one meter. So it makes no sense to move them. The State of Israel must do what is good for it….The state is trying, but through the displacement of 300 meters it is not avoiding confrontation, because the residents have announced that they will not move and so this solution also does not prevent conflict. It is the worst of all worlds, because it establishes a Palestinian outpost in the heart of the territory without preventing a confrontation.”

Settlers Attack Palestinians & Israel Human Rights Activists

On January 21st in broad daylight, settlers from the illegal (even under Israeli law) Givat Ronen outpost violently attacked Palestinians and Israeli activists who were planting trees on privately owned Palestinian land near the village of Burin in the northern West Bank. 

Footage of the attack shows settlers wielding clubs, throwing stones, and burning a car — in the process injuring six people. Despite video footage of the incident, Israel has made no arrests (so far), though reports suggest the Israeli Shin Bet and Israeli police have opened an investigation.

The presence of, and injuries to, Israeli citizens attracted media attention and rare condemnations from the Israeli political class (and even some typically mum Jewish American organizations). Public Security Minister Bar Lev (Labor) said:

“It appears, the way I see it, that we are talking about an organized activity by a terror group that acted together to come and harm primarily Israeli citizens who had come to protest at the site. They harmed them and torched their car.”

Following the attack, the Israeli authorities delivered demolition notices to five structures at the Givat Ronen outpost (also known as Sneh Ya’akov), where the attackers are believed to be illegally living. The notices were posted on January 23rd.

Apparently undaunted, video taken on January 26th shows settlers attacking an IDF soldier during riots near the Givat Ronen outpost. Haaretz reports that dozens of settlers participated in the attack, which included stone throwing and tear gassing Israeli troops.

Kerem Navot – an anti-settlement watchdog – provides critical history on the Givat Ronen outpost and how violence is at the center of settlers’ drive to takeover Palestinian land, tweeting:

“The outpost of ‘Givat Ronen,’ known also as ‘Sneh Yaakov,’ is named after the man who founded it in 1998–Ronen Arusi…Givat Ronen is one of two outposts located around the isolated, violent, and extremist settlement of Har Bracha, which was established overlooking the city of Nablus in 1983. Givat Ronen is located about a kilometer south of the settlement…The two outposts surrounding this settlement (like all outposts in the West Bank) are used for the same function: to take over land surrounding the settlement. In this case, the lands of the village of Burin. The approach is simple: you build an outpost on land that was looted by the state by declaring it to be “state land”; from there you continue to take over cultivated agricultural land surrounding the outpost by way of violence ​​most of which were previously cultivated by Palestinians. In practice, as a result of the settler violence that is backed by the army, Palestinians are not able to access any of this land, or any of the land within the much larger area around the settlement covering about 5,400 dunams that this land is located in, unless they work in construction in the settlement of Har Bracha. The scumbags who carried out this pogrom below the outpost have learned this tactic well: employing murderous violence in order to increase the size of the territory that Palestinians cannot enter. They have every reason in the world to assume that in this case, as in every case, no one will bother to leverage the law against them.”

Settlers Violently “Parade” Through West Bank Town

On January 24th settlers believed to be from the Yitzhar settlement staged a violent parade of cars through the West Bank village of Huwwara in celebration of a settler from the Yitzhar settlement being released from Israeli prison. The “celebration” terrorized Huwwara — with settler stone-throwing resulting in injuries to at least three people (including one child), and significant damage to at least 25 Palestinian vehicles and several businesses. Video of the attack shows Israeli forces in plain view during the rampage, but doing nothing to stop it. Israeli police have said that an investigation has been opened, but no arrests have been made.

Haaretz reports:

“Kaid Amar, the owner of a plumbing fixture store that was the target of stone-throwing, alleged in comments to Haaretz that the settlers had the protection of the soldiers at the scene. ‘They broke up my store and caused me 40,000 shekels [$12,600] in damage. My car was also wrecked. The soldiers were there around [the settlers’] cars and didn’t do anything,’ he said. Hawara Mayor Mueen Damidi said, ‘Israel says it’s a democracy, but if Palestinians were to have thrown stones, what would they have done? Shoot them. We are suffering greatly from the situation’.”

Israeli Government Increases Funding for Annexation/Dispossession via Archaeology Effort

On January 25th, the Jerusalem Affairs and Heritage Ministry announced that it will allocate $1.57 million (5 million NIS) towards “reconstruction” of the Sebastia archaeological site (located in the northern West Bank, near Nablus), pending approval from the Israeli Civil Administration. The Ministry further said that an additional $787,000 will be allocated towards the “rehabilitation” of other archaeological sites in the West Bank, as well as about $470,000 towards the Civil Administration’s ramped up efforts to “protect” West Bank archaeological sites.

Announcing the funding, Jerusalem Affairs and Heritage Minister Ze’ev Elkin said:

“The destruction of the sites, which is being carried out under the auspices of the P.A., is destroying the history of the entire region, and I will make every effort to fight it. The conservation of heritage sites in Judea and Samaria is a national mission.”

Settlers have been openly agitating – with some success – for Israel to assert control over the archaeological site in Sebastia for years. In January 2021, Emek Shaveh (an Israeli NGO expert in – and focused on – archaeology) wrote about what is happening in Sebastia, saying:

“The archaeological site of Sebastia is identified with Samaria, the capital of the Kingdom of ancient Israel in 9-8 BCE. The site also features ruins from the Hellenistic, Roman and later periods. The village of Sebastia is situated within Area B while the site itself is located mainly in area C. Over the past few years, the Samaria Regional Council has been organizing tours to the site, particularly during the school holidays.  Several times this year, the Civil Administration has removed a Palestinian flag from the village and the site. In the most recent incident, a flag was raised following renovation works funded by the Belgian government. In their response the regional council blamed the Palestinians for destroying a site central to Jewish history and UNESCO for supporting the Palestinians. Sebastia is on the tentative list of World Heritage sites in Palestine….the integration of ancient sites into an organized strategy designed to weaken Palestinian hold on Area C is worrying. The formalization of this approach is likely to result in a steep rise in actions over ancient sites and structures, from water cisterns found in many villages, to major sites such as Sebastia. The justification for preserving and developing ancient sites familiar to us from East Jerusalem is now being applied wholesale to hundreds of places in the West Bank to the detriment of the Palestinians living near the sites and to the multilayered heritage inherent in the ruins which will be distorted for political ends.”

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. 

In January 2021, the state of Israel 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) objective 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. The new funding committed by Israel for West Bank “heritage sites” should be understood in this context.

Previous victories for the settlers 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, a settler group calling itself “Shomrim Al Hanetzach” (“Guardians of Eternity”) began surveying areas in the West Bank that Israel has designated as archeaological sites, looking for Palestinian construction (barred by Israel in such areas) that they could then call in Israeli authorities to demolish. 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. 

As a 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).

Israel FM Denounces Effort to Connect Outposts to Israeli Services — While Israeli Communications Goes Ahead and Does Just That (for one outpost)

Foreign Minister Yair Lapid made a statement to the press opposing efforts by the Knesset (including members in his own governing coalition) to connect illegal (even under Israeli law) outposts to Israeli municipal services. This is a key, longtime demand of the settlement movement and was the subject of a recent meeting between Minister Ayelet Shaked (a proponent of the outposts) and Benny Gantz (who, as Defense Minister, is ultimately responsible for implementing any such decision). 

Meanwhile, Communications Minister Yoaz Hendel attended a ceremony inaugurating the installation of fiber-optic cables in the unauthorized Magen Dan outpost, located in the northern West Bank settlement of Elkana. This is the first unauthorized outpost to be connected to the Israeli fiber optic grid.

Bonus Reads

1. “‘We’re here to pressure the village’: Israeli troops admit collective punishment policy” (+972 Magazine)
2. “Israel Closes Case Against Police Involved in Deadly West Bank Car Chase” (Haaretz)
3. “Palestinian farmers caught between Israeli rock and PA hard place” (Middle East Eye)
4. “Explained: How Israel’s Absentees’ Property Law keeps Palestinians from their homes” (Middle East Eye)
5. “Opinion | The Israeli Occupation’s Problem Isn’t Just a Few Violent Settlers” (Avshalom Zohar Sal / for Haaretz)
6. “Palestinians call for probe into Israeli massacres in Tantura” (Al Jazeera)
7. “A Progressive Jewish Response to the Discriminatory Policies of the KKL-JNF” (Breaking the Silence). From the author: 

“The report begins with an executive summary, which is followed by three main sections. The first section provides an overview of the parts of KKL-JNF’s work that has displaced Palestinians and further entrenched the occupation. The second section offers a detailed explanation of the often opaque structures of the organization, including its relationship to the World Zionist Organization and the Israeli government, as well as its internal structure and budget. The final section of the report provides initial suggestions on how progressive Jews can begin to counter the work of KKL-JNF.”

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 14, 2022

1. Israeli Attorney General Supports Settler-Led Dispossession of the Sumreen Family in Silwan
2. Tender Published for 300 New Units in East Jerusalem Settlement of East Talpiyot
3. Israel to Advance Expansion of East Jerusalem settlement of Gilo
4. Israel Advances Plan that Will Pave Way for Expansion of East Jerusalem Settlement Enclave of Nof Zion
5. IDF Evacuates Oz Zion Outpost (Again)
6. Fight Over Homesh Outpost & Yeshiva Continues (Both Physically and Politically)
7. Settlers Seek Outpost Gains from Divided & Fragile Government (With Some Success)
8. Construction Begins on Key Stretch of the “Tunnels Road” for Settlements South of Jerusalem
9. Israel Gives U.S. Army Officers Tour of Hebron Led by Settlement Spokesman
10. Further Reading

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Israeli Attorney General Supports Settler-Led Dispossession of the Sumreen Family in Silwan

On January 9th, Israeli Attorney General Avichai Mandelblit submitted a legal opinion to the Supreme Court arguing in support of the immediate eviction of the Sumreen family from their home of 60+ years in the Silwan neighborhood of East Jerusalem. The Supreme Court is expected to announce its next steps on the case in the coming days, which might include setting a new hearing date to again consider legal arguments from both sides (now that the Attorney General has weighed in).

The case to evict the Sumreen family, spearheaded by the JNF, with the secret funding/backing of the Elad settler group, is a key test of the State’s use of the Absentee Property Law to seize Palestinian homes in East Jerusalem. If dispossessed of their home, the Sumreen family case sets a broader precedent for many other ongoing eviction cases in Silwan that could result in the mass displacement of Palestinians in favor of settlers. 

In his opinion, the Attorney General did not address the broader political context of widespread dispossession of Palestinians in Silwan, or legally dubious actions on the part of the Elad settler group and the Jewish National Fund in having the property declared to be absentee (see a detailed history of that scandal here) in order to take control over it. Instead, the Attorney General decided simply that there is no new basis on which to overturn the 1999 ruling that legitimized the JNF’s ownership of the home, and that the Sumreen family does not have a legal right to reside there.

Peace Now said in a statement: 

“Instead of intervening and doing justice, the Israeli government, through the Attorney General, becomes a direct partner in crime and unforgivable injustice. The Attorney General chooses to ignore the context and the injustice behind the eviction suit  and dives into quasi-legal questions to help settlers take over another property in Silwan. The Government’s fingerprints are smeared all over the Sumerin case. This is a political move in which government mechanisms such as the Custodian of Absentee Property and the Israel Land Administration and the JNF have been utilized in order to dispossess Palestinians of their property in East Jerusalem and replace them with settlers.”

It’s worth noting that the Sumreen house is located only a very short distance from the Al-Aqsa Mosque (approximately 10 meters) at the entrance to the Silwan neighborhood, and is adjacent to the “City of David” visitors center built and operated by the Elad settlers. The home is also located in the middle of what today has been designed by Israel as “the City of David National Park.” The entire area is managed by the radical Elad settler organization, which for years has also been pursuing the eviction of Palestinians from the homes in Silwan. For nearly three decades, the Sumreen family has been forced to battle for legal ownership of their home, after the state of Israel, prompted repeatedly by the JNF, declared the Sumreen’s home to be “absentee” property, despite the fact that this was manifestly not the case. Under that designation – which was not communicated to the Sumreen family – Israeli law permitted the State to take over the rights to the building. The State then sold the rights to the home to the JNF in 1991. The JNF has pursued the eviction of the Sumreen family ever since. Israeli courts ruled in favor of the Sumreen family’s ownership claims to the home for years, until a September 2019 ruling by the Jerusalem Magistrate’s Court granted ownership of the family’s home to the JNF, a decision the family immediately appealed to the Jerusalem District Court. 

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

Tender Published for 300 New Units in East Jerusalem Settlement of East Talpiyot

On January 5th the Israel Lands Authority published a tender for the construction of 300 settlement units in the East Talpiyot settlement, located in East Jerusalem. Ir Amim reports the tender is scheduled to be opened for bids on February 14th.

The new units will expand the built-up footprint of East Talpiyot in the direction of the Palestinian neighborhood of Sur Baher, a neighborhood that is facing multiple new settlement plans that encroach on its historic land (including the Givat HaMatos, Har Homa, and Lower Aqueduct plans). Sur Baher has also been targeted by the Israeli Custodian General in its efforts to gain control over more land that was owned by Jews previous to 1948.

Israel to Advance Expansion of East Jerusalem settlement of Gilo

On January 10th the Jerusalem District Planning Committee convened to discuss two plans that would add 1,538 settlement units to the Gilo settlement in East Jerusalem. The plans are being advanced under the banner of “urban renewal” and will involve demolishing existing settlement units and replacing 470 existing settlement units with 2,008 new units (representing a net expansion of the settlement by 1,538 units). Ir Amim notes that, “while the plans will not necessarily enlarge Gilo territorially, it will increase the Israeli population in the settlement and hence the number of Israelis living in East Jerusalem.”

Israel Advances Plan that Will Pave Way for Expansion of East Jerusalem Settlement Enclave of Nof Zion

On January 11th, the Jerusalem District Planning Committee held a meeting to discuss public objections to a plan connected to the expansion of Nof Zion, a settlement enclave located inside the Palestinian East Jerualem neighborhood of Jabal Mukaber. One such objection was filed by Palestinian residents of Jabal Mukaber with assistance from Ir Amim. That objection argues that the plan is an affront to the planning needs of the local community and continues Israel’s systematic, city-wide discrimination against the housing, educational, and service-based needs of Palestinian neighborhoods. The Committee closed the meeting without reaching a decision, and has scheduled further private (closed to the public) continuation of its discussion of the plan.

The plan under consideration provides for the construction of a large, new Israeli police station on the border of Jabal Mukhaber neighborhood, on a plot of land that is across the street from the existing police station. The new station, according to Ir Amim, will “constitute a massive security headquarters and border police base, replete with detention facilities and laboratories.” Under the plan, after the new station is built the site of the current station will be designated for public buildings; however, Ir Amim warns that the land is currently allocated for the construction of hotels directly connected to plans to expand the Nof Zion settlement enclave. The relocation of the police station is a step towards the construction of those two hotels, which is part of the larger plan to expand Nof Zion to include the construction of commercial centers, educational institutions, and a sports field.

Ir Amim comments:

“In light of the dearth of public buildings and/or public spaces in the neighborhood, the objection [to the police facility plan] underscores the complete planning error and misuse of the respective plot of land. Rather than allocating the space to meet the dire public needs of the community, the authorities see it fit to utilize the land for a massive security base on the edge of the neighborhood. According to the objection [filed by Ir Amim and Palestinian residents], a plan of such magnitude implies that members of the community are seen as constituting a ‘threat’ rather than actual residents of Jerusalem entitled to equal socioeconomic rights and equitable access to municipal services. The depletion and appropriation of public spaces in East Jerusalem to serve Israeli interests and the expansion of setter enclaves in Palestinian neighborhoods not only erode the fabric of these communities, but severely impinge on Palestinian individual and collective rights and further entrench Israeli control of East Jerusalem.”

Israel has been working consistently to expand and entrench Nof Zion — which it should be underscored is an enclave located wholly inside a Palestinian neighborhood. On July 8, 2021 settlers and their allies held a cornerstone-laying ceremony to mark the beginning of construction on hundreds of new units in Nof Zion. The new construction is just preliminary work on a project that will triple the settlement in size and make it the largest settlement enclave in East Jerusalem. 

As a reminder: In 2017, the Israeli government approved a plan to build a new synagogue and mikveh in Nof Zion on private Palestinian land that was expropriated from the Jabel Mukaber neighborhood in 2016. Then, in September 2017, rumors emerged that the government was set to issue 176 building permits for the already-approved project. According to Ir Amim, those permits were ultimately issued in April 2019.

IDF Evacuates Oz Zion Outpost (Again)

On January 10th, settlers sought to obstruct Israeli forces that were dismantling structures at the unauthorized outpost site called Oz Zion, located between Jerusalem and Ramallah. Settlers reportedly chained themselves to structures at the scene, and clashed with Israeli forces when they arrived to remove them.

Oz Zion has been dismantled by the IDF several times in the past (most recently in June 2021). Yet, the settlers – who have violently resisted Israeli forces carrying out the demolition – have repeatedly been allowed to reestablish it. It is one of the outposts for which a standing demolition order was recently re-issued by the IDF. 

Fight Over Homesh Outpost & Yeshiva Continues (Both Physically and Politically)

On January 10th, settlers clashed with Israeli forces attempting to confiscate property from the illegal yeshiva settlers have established at the site of the evacuated settlement of Homesh — a yeshiva that the IDF continues to permit settlers to visit and operate. It’s worth recalling the great lengths to which the IDF has gone to offer protection for the settlers to access the yeshiva, at the cost of the freedom of movement and obstruction of normal life to entire nearby Palestinian villages.

In the wake of the killing last month of a settler connected to the illegal yeshiva, national furor – spearheaded by settlers protesting in front of the Prime Minister’s residence – has kept the heat on the government over the fate of the Homesh outpost and yeshiva. Key settler leaders are threatening to bring down the current coalition if the yeshiva is dismantled. While the government has not clearly signaled what it intends to do with the yeshiva, settlers and their political allies outside of the governing coalition are now aggressively pushing the government to undertake hugely consequential efforts on behalf of the settlements — including but not limited to re-establishing the settlement of Homesh and normalizing the status of the illegal yeshiva at the site — in order to prove it allegiance. See below for more details.

Settlers Seek Outpost Gains from Divided & Fragile Government (With Some Success)

As part of their campaign to push the government to authorize the Homesh yeshiva and reestablish the Homesh settlement, key settler leaders are raising at least two additional major initiatives in their aggressive push on the government to compensate the settlers in response to the recent death of settler Yehuda Dimentan.

Those two additional demands by the settlers – a contingent of whom are encamped in front of Prime Minister Bennett’s residence – are:

1. To pass a bill – or act unilaterally – to connect unauthorized outposts to the Israeli electric and water grids. To that end, Defense Minister Benny Gantz and Interior Minister Ayelet Shaked reportedly held a meeting on this topic on January 9th. The settler-run news outlet Artuz Sheva optimistically reports that dozens of outposts might meet Israeli criteria for being connected to Israeli infrastructure, and that Gantz would support the move if the Defense Ministry Legal Advisor gives it an OK. This has been a longtime demand of settlers, and has typically included the demand to connect outposts to Israeli water, sewer, power, garbage collection, and other municipal services. Doing so would further entrench the permanence of these outposts and furthers the de facto annexation of Palestinian land. It would also continue and expand on Israel’s long practice of copiously rewarding settlers for breaking Israeli law (by illegally building outposts), and directly incentivizing further settler lawbreaking.
2. To more aggressively police Palestinian construction in Area C of the West Bank (some 60% of the land). This demand is grounded in an Orwellian twisting of reality to treat Palestinian construction on Palestinian private land in Area C without permits required by Israel (permits Israel consistently refuses to issue) as theft of Israeli land. For more on this long running, and particularly pernicious, tactic of the settlement movement, see FMEP’s previous reporting.

Construction Begins on Key Stretch of the “Tunnels Road” for Settlements South of Jerusalem

Arutz Sheva reports (gleefully) that ground has been broken on a final stretch of the new tunnel road that will connect settlements to the south of Jerusalem (the Etzion settlement bloc) more seamlessly to the heart of the city. The tunnel is part of Highway 60, which Israel has already begun work to widen, which runs from Jerusalem all the way to the Kiryat Arba in Hebron.

In a deeply researched report on how infrastructure like roads is a means for settlement expansion and annexation, Breaking the Silence explains:

 

“While Israeli authorities justify many of the projects described in this document by claiming that they serve both the settler and the Palestinian populations in the West Bank, it is important to note that these roads are designed with Israeli, not Palestinian, interests in mind. Many of the roads that are technically open to Palestinian traffic are not intended to lead to locations that are useful to Palestinians.16 Instead, these roads are primarily designed to connect settlements to Israel proper (and thus employment and other services) via lateral roads, rather than to connect Palestinian communities to one another. Further, roads intended to connect Israeli settlements to Jerusalem (many of which are currently under construction) do not serve West Bank Palestinians outside of Jerusalem, as they are not allowed to enter Jerusalem without a permit. In addition, an extensive system of checkpoints and roadblocks allows Israel to control access to bypass roads and the main West Bank highways, and it can restrict Palestinian access when it so chooses. 

This prejudice against Palestinian development is even starker when one considers that, according to an official Israeli projection, the expected Palestinian population in the West Bank (excluding East Jerusalem) in 2040 is 4,600,000 individuals. Even if the vision of settler leaders to arrive at 1,000,000 settlers is realized by 2040, the Palestinian population would still be four times the size of the settler one. Despite this discrepancy, priority is still given to settler infrastructure development.

West Bank road and transportation development creates facts on the ground that constitute a significant entrenchment of the de facto annexation already taking place in the West Bank and will enable massive settlement growth in the years to come. By strengthening Israel’s hold on West Bank territory, aiding settlement growth, and fragmenting Palestinian land, this infrastructure growth poses a significant barrier to ending the occupation and achieving an equitable and peaceful solution to the Israeli-Palestinian conflict.”

 

Israel Gives U.S. Army Officers Tour of Hebron Led by Settlement Spokesman

Raising many eyebrows, the secretariat of the Israeli Central Command reportedly arranged a settler-led tour of Hebron for a delegation of U.S. army officers. The full-day tour designed by the settlers included a visit to the Tomb of the Patriarchs/al-Ibrahimi Mosque and a visit to the settler-run museum (in the Beit Hadassah enclave). The visit empowered settlers to present their version of the religious, historic, geo-political, and security significance of Hebron (including with respect both to settlers/settlements, and presenting Palestinians through the settler lens). The U.S. delegation did not engage any Palestinians while in Hebron, creating an obvious and problematic imbalance in perspective on all matters.

Haaretz reports that the Israeli army has refrained from engaging the settlers for diplomatic tours of Hebron in recent years. In a statement to Haaretz about the tour, the IDF issued a bland statement saying:

“Last week, a few U.S. army officers came for a tour of the Tomb of the Patriarchs and Beit Hadassah led by the commander of the Central Command, for the purpose of learning about the history of the site. As part of the ongoing tours that are held regularly, the American delegation meets with various people in the State of Israel as well as in the Palestinian Authority. This is in order to learn about the area in the best way possible. Dr. Noam Arnon [a far-right-wing settler activist and spokesman for the Hebron settlements] was chosen to guide this tour. The tour was held according to the established regulations in the IDF.”

Further Reading

1. “Who Do Israeli Settlement ‘Sheriffs’ Report To? Even They’re Not Sure” (Haaretz)
2. “West Bank settlements are annexing land in Israel, too”  (+972 Magazine)
3. “Fresh Sheikh Jarrah eviction threatens to roil capital anew” (The Times of Israel)
4. “From Iron Dome to supply chains, US Christian group quietly shaping US-Israel ties” (The Times of Israel)
5. “Editorial | As Israel Bends Over Backwards for Homesh, Palestinians Pay the Price” (Haaretz)
6. “The International Community and Israel: Giving Permission to a Permanent Occupation” (Michael Lynk in Just Security)
7. “Congress launches bipartisan Abraham Accords Caucus” (Jewish Insider)

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

To subscribe to this report, please click here.

January 7, 2022

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

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E-1 Settlement Reportedly Delayed

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

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

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

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

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

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

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

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

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

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

Terrestrial Jerusalem writes:

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

Peace Now said in a statement:

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

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

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

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

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

Ir Amim said in a statement:

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

Peace Now writes: 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Al-Walajah Hearing Postponed but Remains Likely

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

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

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

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

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

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

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

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

Peace Now said in a statement:

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

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

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

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

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

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

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

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

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

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

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

IDF Evacuates Kumi Ori Outpost, Yitzhar Start Clashes

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

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

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

IDF Renews Standing Demolitions Orders Against Six Unauthorized Outposts

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

The orders were renewed for the following outposts: 

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

Israel Earmarks Millions for Seven New Synagogues in Settlements & Outposts

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

Meretz MK Mossi Raz said in response:

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

Bonus Reads

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

 

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 17, 2021

1. In Sheikh Jarrah, Palestinian Family Faces Immediate Displacement, While Israel Begins Work on New Settler Garden at Entrance to the Neighborhood
2. Israeli Custodian General is Behind Six New Settlement Plans Across East Jerusalem
3. Israel Custodian General Reveals New Details on Regulations Governing its Management of East Jerusalem Properties, Leaving More Questions
4. Israel Forges Ahead with New Settlements on the Golan Heights
5. Following Murder of Israeli Settler, Settlers Launch Attacks of their Own & Attempt to Establish New Outpost
6. Gantz Moves to Send More Police to West Bank to Monitor Settler Violence
7. Meanwhile in Israel…Political Storm Ensues Over Whether Settler Terrorism Is a Problem or Not
8. Bonus Reads

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In Sheikh Jarrah, Palestinian Family Faces Immediate Displacement, While Israel Begins Work on New Settler Garden at Entrance to the Neighborhood

Courtesy of an eviction order hand-delivered by settler impresario and Jerusalem city councilman Aryeh King, and his colleague Jonathan Yosef, the Palestinian Salaam family has been ordered to vacate their Sheikh Jarrah home of 70 years by December 29, 2021. King and Yosef assert they are the legal owners of the home, which is located in the Umm Haroun section of Sheikh Jarrah, having bought it from the heirs of the Jewish family that owned the property prior to 1948.  Peace Now has produced a helpful timeline of the full history of the Salaam’s home.

This purchase took place, without a doubt, thanks to the help of the Israeli Custodian General – the body that manages property abandoned by Jews in 1948 when their heirs are unknown – which almost certainly helped King and Yosef in identifying the property, locating the heirs and securing its sale (see Peace Now’s excellent report on the Absentee Property Law for more legal background on how this happens).

On December 15th, Ir Amim documented the scene as settlers, under the protection of Israeli police, fenced off the Salaam family’s land (where they are supposedly permitted to live until the 29th) in an attempt to prevent Palestinians, including the Salaam family, from accessing the area.

Peace Now said in response:

“This is a terrible injustice based on the cynical exploitation of a discriminatory law that allows Jews to exercise the ‘right of return; to property lost to them in 1948, at the expense of Palestinian families legally living in the property, while another Israeli law denies the same right to Palestinians. This is exactly what the Mishnah says: ‘He who says: mine is mine and yours is mine, is called evil’. The State of Israel, which took the Palestinian refugees’ properties lost to them in 1948, cannot today allow settlers to take from Palestinians Jewish properties lost in 1948 and on which they are have already received compensation. The government can stop this evacuation, and it must do so.”

The eviction of the Salaam family comes as the government of Israel is pursuing the displacement of as many as 70 Palestinian families in Sheikh Jarrah. 

In parallel,  the Israeli government has begun construction on a settlement installation (including a “public garden” as well as a driveway that will service an as-of-yet-unbuilt Israeli hotel in the neighborhood) at the entrance to Sheikh Jarrah, including the demolition of several Palestinian businesses. Notably, the site of this project is very close to the tomb of Shimon the Righteous, which is a religious site closely associated with the settler enclave in Sheikh Jarrah. The Jerusalem Municipality previously expropriated the land, which was privately owned by Palestinians, “for public use” — an Israeli legal tactic that permits the State to confiscate even privately owned land ostensibly to benefit the “public” (a “public” that it seems never includes Palestinians in East Jerusalem).

 In October 2021, the Israeli Supreme Court rejected the appeals by the business owners to stop the demolition. This week, bulldozers leveled a plot of land owned by four Palestinian families and that was the location of two Palestinian businesses, a car wash and a parking lot. The business owners were handed an immediate eviction notice on December 14th, just one day before the bulldozers began work. 

Israeli Custodian General is Behind Six New Settlement Plans Across East Jerusalem

Haaretz reports that the Israeli Custodian General is planning six new settlement enclaves, to be located in some of the most sensitive areas of East Jerusalem. The news comes one week after the public learned of one of these plans, Givat HaShaked (see FMEP’s reporting last week), which is now understood to be part of a larger Israeli government plan to advance a slate of new settlement enclaves across East Jerusalem. As a reminder, the Israeli Custodian General is empowered by the State to  act as caretaker of land that has unknown ownership. 

While details on the plans are scant for the time being, Haaretz reports that the Israeli Custodian General is planning new settlements buildings that include:

1 – A new settler enclave in Sheikh Jarrah, in an area known as Um Haroun. As has been well documented, Palestinians are in a battle to stay in their longtime homes in Sheikh Jarrah while the Israeli Custodian General and Israeli settlers work hand-in-hand to displace them. Thirteen Palestinian families in Sheikh Jarrah (whose legal battle will impact dozens more) are still awaiting a Court ruling on their displacement at the hands of settlers. Haaretz reports:

“According to a custodian document, it administers 33 plots out of a total of 58 in the neighborhood. Five more plots have been expropriated by the Israel Land Authority. The city zoning plan allows for the demolition of the old structures and construction of buildings up to four-stories in their stead, or expanding them to that height. This could mean the construction of a neighborhood containing hundreds of housing units in the heart of Sheikh Jarrah. The Justice Ministry’s Land Registrar recently completed the registration of the neighborhood to its Jewish owners, so it is likely that any neighborhood built there will be for the Jewish population.”

2 – A new settler enclave near the Damascus Gate, near the Old City of Jerusalem, where approximately 10 Jewish Israeli families have already established a settlement enclave.

3 – Two new settler enclaves near Beit Safafa, one being the Givat HaShaked settlement plan which FMEP covered in greater detail last week. The second plan is not far from where the Givat HaShaked settlement would be built, and reportedly would involve a large settler compound with dozens more settlement units to be built in the sliver of land between Beit Safafa and the Talpiot Industrial Zone. 

4 – A new settler enclave in Sur Baher. Reportedly, the Custodian is hoping to add more land to its holdings in Sur Baher (it currently holds 3.3 dunams and is attempting to gain 2 more dunams), meaning this plan could expand. 

5 – A large new settler enclave in Beit Hanina. The Custodian is reportedly looking to build dozens of new settler units on six dunams of land (1.5 acres), to be located on a plot adjacent to the IDF Central Command base. The Custodian has also sought the cooperation of the Defense Ministry in promoting this plan.

The Justice Ministry, which houses the Custodian General, attempted to dodge these reports, telling Haaretz that it is not “advancing” any of these plans other than the one in Sheikh Jarrah, where it says it is “examining a construction project.” 

Israel Custodian General Reveals New Details on Regulations Governing its Management of East Jerusalem Properties, Leaving More Questions

Under pressure from an impending court hearing, on December 11th the Israeli Custodian General submitted a document to the Court purporting to enumerate the regulations governing its management of properties in East Jerusalem. The Custodian General was facing a December 14th Court hearing on a petition filed by the Israeli NGO Ir Amim along with Palestinian residents of Sheikh Jarrah, that asserted no such regulations existed, enabling “severe misconduct and collaboration with settler groups to initiate evictions of Palestinian families in East Jerusalem, which severely infringes on the rights of Palestinians in the city.” Some 70 families in the Sheikh Jarrah neighborhood are facing homelessness because of the Custodian General’s collusion with settlers seeking their displacement from properties in which they have lived, legally, for decades.

In light of the Custodian General’s new publication (which the court viewed as resolving the complaint against the State), the Court dismissed the petition without prejudice, meaning the petitioners are permitted to file a new case on the same matter in the future.

Ir Amim filed the petition following news that the Custodian General has advanced a plan to build a new settlement – Givat HaShaked – on property it manages. As reported last week, this is an unprecedented move by the Custodian General, raising questions about whether the Custodian General is permitted to allow properties under its management to be developed. The document submitted to the Court this week by the Custodian General only raises more unanswered questions about the parameters governing the Custodian General’s ability to act as a property developer for properties that it does not own (only manages while awaiting the locating of the legal owners/heirs). Ir Amim further explains:

“The procedure includes dozens of clauses, none of which reference the possibility that the custodian may itself file plans and build residential complexes on a lot it owns. One clause refers to this indirectly, stating, ‘When initiated, or if contacted regarding urban renewal or planned improvements, the Custodian General shall examine the essence of the request and its impact on the administered property.’ ​​Indeed, planning sources are unfamiliar with any case in which the custodian acted as a realty entrepreneur by improving the properties it holds. The subject raises another issue: the custodian is technically forbidden to sell property. Therefore, it remains unclear whether the apartments built in these various compounds will be sold on the open market, or whether they will remain the property of the custodian, who will rent them out. The Justice Ministry has not responded to clarify the matter.”

Israel Forges Ahead with New Settlements on the Golan Heights

At the recommendation and with the approval of Prime Minister Bennett, on October 14th Interior Minister Ayelet Shaked signed off on two orders establishing a settlement municipal authority in the occupied Golan Heights, a move that opens the door for an expedited planning process for existing and new settlements in the area. This includes the construction of the infamous “Trump Heights” settlement in addition to planned settlements called Givot Eden, Asif, and Matar. Last week, Prime Minister Naftali Bennett said that Israel’s plan is to double the settler population in the Golan Heights by 2030.

The special committee, which will act as a zoning board with broad planning authority, will have the combined powers of local and district planning and building committees, but will not include members who represent the public – an anomaly in the Israeli planning system.

The committee has already completed initial work by laying out the territorial borders of the “Trump Heights” settlement, which will cover 276 dunamns (about 70 acres). With its borders decided, the committee will move to expedite construction plans for residential housing, public buildings, industrial areas, roads and more. 

On this massive settlement effort, the Haaretz Editorial Board writes:

“Occupied territories are occupied territories and annexation is annexation, even when it’s the Golan Heights and even when the annexation plan is called “a plan for encouraging sustainable demographic growth.”…We must tell it like it is. This is an artificial population expansion project, meant to strengthen Israel’s grip on the Golan Heights and create facts on the ground that will make it difficult for future leaders who might consider holding negotiations on the territory. To expedite matters, the Prime Minister’s Office seeks to create a “special committee” with the powers of the local and regional planning and building committees, but without the customary inclusion of public representatives. This is a national project. Like the so-called Judaization of the Galilee. Like the settlement enterprise.”

Al-Monitor provides a helpful background on the occupied Golan Heights and the creation of “Trump Heights”:

“Israel seized the Golan Heights from Syria in the 1967 Six-Day War. In 1981, Menachem Begin’s government formally annexed the territory. This unilateral move was not recognized by any country until Trump came along. In March 2019, his administration changed long-standing American policy by recognizing Israeli sovereignty over the region. A proclamation signed by Trump declared, ‘The State of Israel took control of the Golan Heights in 1967 to safeguard its security from external threats. Today, aggressive acts by Iran and terrorist groups, including Hezbollah, in southern Syria, continue to make the Golan Heights a potential launching ground for attacks on Israel. Any possible future peace agreement in the region must account for Israel’s need to protect itself from Syria and other regional threats. Based on these unique circumstances, it is therefore appropriate to recognize Israeli sovereignty over the Golan Heights.’ Three months later, the [Israeli] Cabinet convened for a special session in the Golan Heights and approved the establishment of a new settlement named for the US president. At that meeting, a huge sign decorated with Israeli and American flags was unveiled at the entrance to the new settlement. Written on it in gold letters was the name Ramat Trump.”

Following Murder of Israeli Settler,Settler Launch Attacks of their Own & Attempt to Establish New Outpost

On December 17th, a Palestinian gunmen opened fire on a settler vehicle near the dismantled settlement of Homesh, in the northern West Bank, killing one man – Yehuda Dimentman – and injuring two others. The IDF has apprehended several suspects already.

Though the Homesh settlement was evacuated by the Israeli government in 2005 – and military orders have barred Palestinians from entering the area – settlers have been allowed to establish an unauthorized outpost at the site, where the settlers also operate a yeshiva. Settlers have been openly obsessed with the desire to re-establish Homesh, hosting religious events and protests at the site, some of which have been attended by Israeli MKs and politicians. At the funeral for Dimentman, which several Israeli politicians attended, already begun calling for the government to formally reestablish the Homesh settlement. 

In the hours following news of Dimentan’s death, settlers have already begun exacting revenge – with little to no interference from the IDF, though the outpouring of violence is an entirely predictable established pattern in the wake of Palestinians attacks. In the Palestinian village of Qayrut, a group of at least 15 settlers launched and especially violent attack on a Palestinian home, knocking on the door pretending to be Israeli soldiers at 4am, then proceeding to ransack the house and severely beat Mohammed Makbal – sending him to the hospital. No suspects have been apprehended, though several were caught on camera.

Within 24 hours of the attack, settlers from the Kiryat Arba settlement in Hebron moved to establish a new outpost in honor of Dimentan, called Nofei Yehuda. In this case, the IDF moved in swiftly to remove the settlers from the area. The outpost was established by members of the Nahala settler movement, of which Dimentan was a part. Nahala is behind a lot of unauthorized construction in the West Bank, and is a leading force in the battle over the Evyatar outpost.

Peace Now has written about the Nahala Movement, saying:

“The Nahala organization and the main activists of the new outposts are not the mainstream old-guard settlers (like the Amanah organization who is behind many other settlements and outposts and gets much more support from the authorities), however they are not a small fringe. This outpost is an example of a rift that is being created within the Israeli right wing. The more extreme right, which is willing to challenge the system more strongly, and the old-guard settlers who continue the mentality of working ‘with’ the government as much as possible. On the partisan level we see this rift in the creation of two different parties: Yamina, headed by Naftali Bennet, and the Jewish Zionism, headed by Betzalel Smotrich and Itamar Ben Gvir. The challenge of the new outpost puts the new shaky government, which is a coalition of parties which don’t agree about many things, to face its first big political test. The extreme right is signaling that it is planning to continue to challenge the new government, like it had done in the flags march in East Jerusalem, and in yesterday’s settlers’ marches throughout the West Bank.”

Gantz Moves to Send More Police to West Bank to Monitor Settler Violence

Defense Minister Benny Gantz and Israeli Public Security Minister Omer Bar-Leg have agreed to draft hundreds of Israeli soldiers into the (domestic) police force, so that Israeli police can then be reassigned to the West Bank partly to fill posts dedicated to policing settler violence. 

Settlers, of course, are not thrilled about the new attention being paid to settler terrorism experienced by Palestinian communities across the West Bank, and which has increased over the past year. According to Israeli government data (which does not systematically track settler violence against Palestinians) the Shin Bet logged 272 “violent incidents” in the West Bank in 2020; so far in 2021, there have been 397 “violent incidents” recorded by the Shin Bet. The UN recorded even more attacks this year – 450 as of December 6 – compared to 358 in all of 2020 and 335 in 2019.​​B’Tselem, which recently released an excellent report on settler terrorism, documents a 28.6% increase in settler violence in 2021 over 2020. Yesh Din, which also documents settler violence while seeking justice and accountability, notes that only 5% of cases it filed from 2018-2021 (238 total cases filed, while it documented 540 total cases) have resulted in indictments. Palestinians have increasingly declined to file police reports regarding settler crimes, with so few cases actually resulting in any tangible good for the victim.

For a SMALL sample of the terrorism inflicted by settlers on Palestinians in the West Bank on a daily basis, see the following reports from the past week by WAFA news:

• “Settlers, backed by Israeli army, intensify attacks against Palestinians in Nablus area”
• “Israeli forces attack Palestinian farmers, seize tractor in Masafer Yatta area”
• “Israeli settlers leave several villagers wounded, fractured south of Nablus”
• “Settlers attack Palestinian vehicles south of Jenin”
• “Israeli settlers attack Palestinian vehicles, bloc traffic artery east of Hebron”
• “Israeli settlers rampage through Nablus-district town”
• “Israeli settlers take over water spring in northern Jordan Valley”

Meanwhile in Israel…Political Storm Ensues Over Whether Settler Terrorism Is a Problem or Not

Following months (which followed years, which followed decades) of settler terrorism against Palestinians, this week Israeli Public Security Minister Omer Bar-Lev (Labor) set off a political clash within Israel over the issue. In comments made alongside U.S. Deputy Secretary of State Victoria Nuland — and after Israeli diplomats have allegedly come to believe that the Biden Administration is “obsessed” with “settler violence” (though other reporting contradicts that claim) – Bar-Lev called settler terrorism “severe” and said that Israel is taking steps to address it.

Those comments were seen as a betrayal by many of Bar-Lev’s pro-settler coalition partners, and elicited  some strong condemnations. Interior Minister Ayelet Shaked (Yamina) said Bar-Lev is “confused.” MK Bezalel Smotrich (Religious Zionism) called Bar-Lev a “bastard” and tweeted “shame on you, little man.” 

The drama also drew comment from Israeli Prime Minister Naftali Bennet who, it should be recalled, relies heavily on the settler constituency and is also ideologically closely aligned with the settlers, having once served as the head of the top settler body called the Yesha Council. Bennett appeared to dismiss Bar-Lev’s comments, in effect giving official cover for an a green-light to continued and unaccountable settler terrorism, tweeting:

“The settlers in Judea and Samaria have been suffering from violence and terrorism, every day, for decades. They are the defensive wall of us all and we must strengthen them and support them, in words and deeds…There are marginal phenomena in every public, they should be dealt with by all means, but we must not generalize an entire public.”

 B’Tselem’s Executive Director, Hagai El-Ad, responded to Bennett’s claim, telling Haaretz:

“There’s a propagandistic façade here that’s convenient for Israel…There’s a few bad settlers, or more, on one side, and on the other is the good state of Israel, which seeks to enforce the law. But that isn’t the truth. Both the state and the settlers want the same thing – to dispossess Palestinians of their land.”

This relationship – between the settlers and the State when it comes to dispossessing Palestinians – was spelled out in a recent B’Tselem report, “State Business: Israel’s misappropriation of land in the West Bank through settler violence.”

Bonus Reads

1. “Mining Gold From East Jerusalem’s Streets” (Amira Hass for Haaretz)
2. “This was the deadliest year for Palestinian children since 2014” (Khaled Quzmar for +972 Magazine)
3. “Unearthing the Palestinian Neighborhood Buried Beneath a Tel Aviv Park” (Haaretz)
4. “Fact Sheet: Israel’s E1 Settlement” (IMEU)
5. “Opinion: Israel just showed its strategy on settlement boycotts: Gaslighting” (Gershom Gorenberg in the Washington Post)

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

To subscribe to this report, please click here.

November 19, 2021

1. Israeli Government Advances A New Settlement Under Guise of Ariel “Expansion”
2. In Order to Advance Construction of Givat Hamatos, Israel Court Rules For the First Time that Palestinians Can Apply to Live There Too
3. IDF Evacuates Two Illegal Settler Outposts in the Shiloh Valley
4. As Settler Terrorism Continues, Gantz Takes a Look at the Data
5. Settler Participation in Israel’s Mass Surveillance of Palestinians
6. Terrestrial Jerusalem Warnings & Predictions on Key East Jerusalem Settlement Crises
7. New B’Tselem Report: Settler Violence Accomplishes State’s Goals
8. Ir Amim: Israel’s 2040 Plan for Jerusalem Will Displace More Palestinians
9. Bonus Reads

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Israeli Government Advances A New Settlement Under Guise of Ariel “Expansion” 

On November 15, Peace Now reported details on the Israeli Ministry of Construction’s issuance of tenders for a new settlement, called “Ariel West,” in the heart of the West Bank — under the guise of a plan to “expand” the Ariel settlement. Under the plan, 731 new settlement units will be 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. These tenders were issued on October 24th by the Construction Ministry, without public debate.

The scope and impact of the new project is only now coming into focus, and is just the latest illustration of how Israel systematically rewards unauthorized/illegal construction undertaken by settlers. In this case, settlers established an unauthorized outpost (i.e., illegal even under Israeli law) called “Nof Avi”on the hilltop where the new settlement is slated for construction. The Israeli government has allowed that outpost to remain, and restrict Palestinians’ access to agricultural lands they rightfully own, for the past year.

The hilltop and the Nof Avi outpost is located on land declared by Israel to be “state land” inside of the jurisdictional boundaries of the Ariel settlement, as authorized by the Israeli government. The jurisdictional boundaries of Ariel include several non-contiguous land areas — due to the fact that the area is dotted with land that even Israel recognizes to be legally owned by Palestinians (leaving Palestinian land in some places nearly completely surrounded by land given to the settlement).

The new settlement will further exacerbate the limitations that the settlements inflict on Palestinian agricultural workers in addition to the future development of the nearby Palestinian town of Salfit, as illustrated in this video by Peace Now.  Even before the “expansion” plan, Ariel’s jurisdictional area was identified as a direct hindrance on the future development of Salfit. 

With news of the new settlement, the Mayor of Salfit – Abdullah Kamil – explained to Haaretz:

​​“Salfit is slated for expansion. It has a university and there are plans to add 10,000 students over the next few years. The city’s master plan will have to be enlarged, and the site where the new settlement is planned is exactly the direction toward which we wanted to expand. This situation will explode. We also told the Israelis this; it will open a new front and it will harm Israeli security. It’s clear that part of the plan’s purpose is to eliminate any chance of a political solution.”

Peace Now said in a statement: 

“It is hard to believe that this tender would have been published if it had been brought for government approval or to any public discussion. The Ministry of Housing took advantage of a plan approved 30 years ago to dramatically change the heart of the West Bank. The “Ariel West” plan is not just a plan for thousands of housing units, but it is a new settlement designed to block the town of Salfit and prevent the development of Palestinian space in the area. This is not only a severe damage to the lives of thousands of Palestinians in the area, but also to the chance of reaching peace and two states in the future.”

In Order to Advance Construction of Givat Hamatos, Israel Court Rules For the First Time that Palestinians Can Apply to Live There Too

In response to a petition filed by the Israel anti-settlement watchdog Ir Amim, the Israeli government updated key eligibility requirements related to future residents of the Givat Hamatos settlement in East Jerusalem. With this petition threatening to slow the project, the government elected to eliminate a discriminatory requirement and thereby make Palestinian permanent residents of East Jerusalem eligible, for the first time ever, to participate in a lottery for government subsidized housing in the new settlement, slated for imminent construction on the southern perimeter of East Jerusalem. 

Until this point, all such housing lotteries were open only to Israeli citizens, in effect prevent the 90+% of Palestinian Jerusalemites – who Israel classifies as “permanent residents” – from eligibility. Some 40% of the 1,257+ settlement units awaiting construction in Givat Hamatos are designated as part of the relevant government-subsidized housing program.

Following the government’s offer to change the eligibility criteria for the subsidized housing program, the Jerusalem District Court dismissed Ir Amim’s petition. In dismissing the petition, the judge failed to require the government to acquiesce to two key demands of the Ir Amim petition: that the government reserve some of the new housing units in Givat Hamatos specifically for Paelstinian residents of Beit Safafa (a neighborhood which the new settlement will complete the encirclement of), and that the government be required to publish an Arabic language announcement regarding the change in policy. The judge on the case did, however, require the Jerusalem municipality to pay Ir Amim $1,600 in expenses.

IDF Evacuates Two Illegal Settler Outposts in the Shiloh Valley

On November 17th, the Israeli army removed two settler families from the illegal (even under Israeli law) outpost called “Guelat Zion,” located in the Shiloh Valley, demolishing the four structures standing there. Predictably, settlers reacted violently, resulting in the arrest of three settlers. This is not the first time the IDF demolished Geulat Zion, the last time being in 2018. Established in 2011, the outpost is adjacent to the new “Amichai” settlement, which Israel built as a pay-off to settlers it was forced by the courts to remove from the illegal Amona outpost.

Following the evacuation of the Geulat Zion outpost on November 17th, the IDF also razed the nearby Ramat Migron outpost. Five additional settlers were arrested for throwing stones and assaulting Israel troops.

As Settler Terrorism Continues, Gantz Takes a Look at the Data

On November 18th, Israeli Defense Minister Benny Gantz – the man who recently designated six Palesitnian human rights groups to be “terrorist organizations” – held a meeting at the Defense Ministry to hear data on the rise of settler violence against Palestinians. Gantz – who referred to settler violence as “hate crimes” and “a grave phenomenon” – appointed Deputy Defense Minister Alon Schuster as the point person in a new Israeli effort to “address locations in the West Bank that are flash points of friction or that have been in the past” which can include the deployment of “special units to address the issue.” Haaretz reports that Gantz also called for the “forces on the ground to be provided with the necessary legal resources,” though it is unclear what that entails.

As a reminder, settler violence against Palestinians has been well documented for years, and continues on a weekly or even daily basis. Gantz’s plan to reduce friction does not address the core mechanism by which settlers are permitted to terrorize Palestinians – as detailed by the recent B’Tselem report entitled  “State Business: Israel’s misappropriation of land in the West Bank through settler violence,” which is summarized below.

Incidents of settler terrorism in the past week alone include: 

• On November 15th, Palestinians were attacked by settlers while attempting to access their land near the dismantled settlement of Homesh in the northern West Bank. Though the vacant site of the Homesh settlement is a closed military zone, settlers have continued to visit the site and maintain an outpost with a yeshiva there (though the IDF has intermittently intervened to clear them out). A group of 15 masked settlers launched a brutal attack on the Palestinians. As a reminder: Homesh is one of four settlements in the northern West Bank that Israel dismantled in 2005 under the Disengagement Law, which primarily removed all Israeli settlers from the Gaza Strip. After Israel removed settlers from these four sites, the IDF issued military orders barring Palestinians from entering the areas, let alone building in them. At the same time, settlers have regularly entered the areas and even repeatedly built a yeshiva at the Homesh site. Settlers have been openly 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. 
• On November 12th, a group of 12 settlers launched an attack on Palestinian olive harvesters and Israeli activitists near the settlement of Bat Ayn, located south west of Bethlehem. According to one of the Israeli solidarity activists, Gil Marshall, the Israeli IDF was present on the scene earlier in the day, but suddenly left which allowed the settlers an opportunity to attack. Afterwards, the IDF declared the area — a Palestinian olive farm — to be a closed military zone for one months time, which will require Palestinians (and, theoretically, the settlers) to request permission from the IDF in order to access the land – resulting in more land loss for Palestinian olive farmers. The attack resulted in injuries to three Israeli activists – including the prominent solidarity activists Rabbi Arik Ascherman, who wrote about the experience here. The Israeli military reportedly arrested three settlers in connection to the attack.

Basil al-Adraa, a Palestinian journalist for +972 Magazine and community youth organizer in the South Hebron Hills, wrote a new account of the settler terrorism he experienced on November 10th. In a piece entitled, “The soldiers got into their jeeps — and left us with a settler militia,” al-Adraa writes:

“Until that moment there were no casualties, and the army was still present in the area. In the darkness of the desert, I could count dozens of settlers. They were holding rifles, batons, and slingshots. They waved their rifles from behind the soldiers’ backs, as if to scare the Palestinians.

Then, suddenly, the soldiers got into their jeeps and left — leaving behind a militia of armed settlers. With the soldiers gone, the settlers advanced in our direction.

From that moment on, everything became blurry. I heard screaming and saw young people trying to block the settlers from advancing to the village with their bodies. Then the gunshots started. It took me several seconds to even realize they were directly firing live rounds in our direction…On the phone, Quamar Mashraqi-Assad, a Palestinian Jerusalem-based lawyer who helps the residents of the area, told me that she was in contact with the army, who were telling her that the soldiers were at Khallet a-Daba’. But it was a lie. A minute later, another young man was hit by settler gunfire. We were completely alone. Only after about 40 minutes of carnage did the army return to the scene. The settlers retreated and continued throwing stones, while the soldiers pushed and cursed the Palestinians…

The attack on Khallet a-Daba’ is only the tip of the iceberg. Residents, activists, and human rights groups have witnessed an alarming increase in settler violence in the West Bank in recent months. Most of these events are either not documented or filmed from a distance for safety reasons. In contrast to the settler pogrom that took place in the village of Mufagara in broad daylight in late September, this time in Khallet a-Daba’, the darkness prevented Palestinians from filming what took place. In the South Hebron Hills, the backing these attacks receive from the army is part of a concerted effort to create a sense of friction in the run-up to the High Court’s decision on the legality of the firing zone, in order to create a “justification” for military presence in the area.”

Settler Participation in Israel’s Mass Surveillance of Palestinians

According to new reporting by the Washington Post, based on testimonies compiled by Breaking the Silence, settlers have been helping the IDF build a facial photo database of West Bank Palestinians. The database serves to buttress the facial recognition capabilities of the Israeli army, as part of its pervasive surveillance arsenal, including a growing network of cameras and smartphones.

As reported by the Washington Post, settlers use a smartphone app called “White Wolf” to scan the identification cards of Palestinians, and the data is then uploaded to the army’s surveillance system. The photos and information gleaned by White Wolf are then added to the IDF’s larger system, called “Blue Wolf,” which “captures photos of Palestinians’ faces and matches them to a database of images so extensive that one former soldier described it as the army’s secret ‘Facebook for Palestinians.’ The phone app flashes in different colors to alert soldiers if a person is to be detained, arrested or left alone.” 

The “Blue Wolf” system is itself a mobile-friendly version of Israel’s even larger database of Palestinian faces and identities, called “Wolf Pack.” Former soliders told The Post that “Wolf Pack…contains profiles of virtually every Palestinian in the West Bank, including photographs of the individuals, their family histories, education and a security rating for each person.”

Breaking the Silence Executive Director Avner Gvaryahu said:

“Whilst surveillance and privacy are at the forefront of the global public discourse, we see here another disgraceful assumption by the Israeli government and military that when it comes to Palestinians, basic human rights are simply irrelevant.”

Roni Pelli of ACRI told The Post:

“While developed countries around the world impose restrictions on photography, facial recognition and surveillance, the situation described [in Hebron] constitutes a severe violation of basic rights, such as the right to privacy, as soldiers are incentivized to collect as many photos of Palestinian men, women and children as possible in a sort of competition… [the Israeli] military must immediately desist.”

Terrestrial Jerusalem Warnings & Predictions on Key East Jerusalem Settlement Crises

In a new report, Terrestrial Jerusalem (TJ)  reviews and analyzes the state-of-play regarding four key settlement issues that are quickly approaching decision points. Those issues and relevant insights from Terrestrial Jerusalem (TJ) are:

1. Evictions in Batan al-Hawa, Silwan: Though not able to predict the outcome of the Court’s final judgement regarding the Dweik family case, TJ says the judgment can be handed down at any time.
2. Construction of the Atarot Settlement: In anticipation of a key hearing on December 6th to discuss depositing the plan for public review, Terrestrial Jerusalem warns: “The deposit of the plan for public review marks the beginning of the serious stages of the planning process, turning what has been until now a distant concept into a an operational plan being seriously pursued. There is no room for complacency, and the earlier the Israeli authorities are engaged on this the greater the chances that such a dangerous plan can be stopped.”
3. Construction of the E-1 Settlement: Ahead of the last and final hearing on E-1 scheduled for December 13th, TJ cautions: “After the hearings, we will be only one decision away from the final approval of the plan, which will basically rest on the Defense Minister’s decision to convene the Higher Planning Council.”
4. Evictions in Sheikh Jarrah: Following the Palestinians’ choice to reject a Court-authored “compromise,” TJ writes: “Given the court’s pace in hearing the case until now, we believe a verdict is likely to be handed down before year’s end. While anticipating the content of future court rulings is fraught with dangers and uncertainty, it appears more rather than less likely that the Supreme Court will not overrule the rulings of the lower courts, and the eviction orders will stand. There is no further appeal.” 

In conclusion, Terrestrial Jerusalem warns:

“If our analysis and projections are correct, by year’s end or shortly thereafter there will likely be a Supreme Court verdict against the Palestinian families in Silwan, and the sub-Committee of the Higher Planning Board will approve E-1. Thereafter, the evictions can take place at any time, and the only step required for the final statutory approval of E-1 is its ratification by means of the signatures of the Minister of Defense, both technicalities which can be performed within a matter of hours. In the weeks to come, we will likely hear from the senior members of the Bennett government: “don’t worry, we will not evict anyone in Sheikh Jarrah, nor will we build in E-1”. They will be very convincing, because they will likely be sincere. Yet, all it will take is a coalition crisis, a new election, or a terror attack with numerous casualties and the evictions will happen, and E-1 will be approved. The evictions in Sheikh Jarrah can be greenlighted at any time, and all it will take is one or two strokes of the pen – signatures on a dotted line by Defense Minister Benny Gantz – and E-1 will be approved. There will be no trip wire, no advanced warning.”

In a separate – and equally excellent – article dealing with these developments, in addition to several other key political elements (including the pending fate of reopening a U.S. Consulate in Jerusalem), Terrestrial Jerusalem founder Daniel Seidemann writes:

“In the weeks to come, we will likely hear senior members of the Bennett-Lapid government deliver lines such as: “Fear not, we will not evict anyone in Sheikh Jarrah, nor will we build in E-1.” They will be very convincing, but dead wrong. It is enough to have a coalition crisis, a new election, or a terror attack for the government to move forward with its plans. All it will take is two strokes of the pen — signatures on a dotted line by Defense Minister Benny Gantz — and E-1 would be approved, and the expulsions in Sheikh Jarrah can commence. There will be no trip wire, no advanced warning.”

New B’Tselem Report: Settler Violence Accomplishes State’s Goals

In a new report entitled “State Business: Israel’s misappropriation of land in the West Bank through settler violence”, B’Tselem details how systematic and ongoing settler violence is in effect a policy of the State of Israel, and a tool that the State uses to take over more and more land in the West Bank. The report presents five cases of settler violence – of lands in/near the Jordan Valley, the South Hebron Hills, Ramallah, and Nablus –  and land takeover, drawing an alarming picture of how the State of Israel aids and abets settlers in their targeted violence, and then rewards those settlers with control over more land.

In a striking passage, B’Tselem writes:

“From the beginning of 2020 to the end of September 2021, B’Tselem documented 451 settler attacks on Palestinians and on their property – 245 were directed at Palestinian farmers. This figure excludes the Jordan Valley, where violence takes place on a daily basis. Of the 451 attacks recorded, in 27 cases settlers fired live ammunition, 180 included physical assault, 145 included damage to private property, 77 included attacks on homes, and 35 attacks on passing vehicles. 123 cases included damage to trees and crops, and in 59 settlers damaged farming equipment. The presence of Israeli security forces was recorded in 183 of these incidents: In 66 forces were present and did nothing, in 104 they participated in the attack, usually using rubber-coated metal bullets, tear gas, and stun grenades. In 22 incidents, security forces arrested Palestinians who had been attacked by settlers. In addition, five Palestinians were killed during joint attacks by settlers and soldiers.19 Rather than preventing violent actions against Palestinian farmers, the military has developed a “coordination” system that treats settler violence as a given. This system ostensibly enables Palestinian farmers to access their land, but in fact denies them almost any possibility to do so by limiting their access to a handful of days a year. Even on these days, if settlers violently prevent the farmers from cultivating their land, the military will remove the latter. Settlers, meanwhile, have unfettered access to Palestinian land all year round. Under this system, Palestinian farmers are consigned to partial cultivation of their land that keeps them from maximizing its potential, if they are able to extract anything from the land at all.”

And in conclusion, B’Tselem writes:

“Settler attacks against Palestinians are a strategy employed by the Israeli apartheid regime, which seeks to advance and complete its misappropriation of more and more Palestinian land. As such, settler violence is a form of government policy, permitted and aided by official state authorities with their active participation. The state legitimizes this reality in two complementary ways. It allows settlers to live, farm and graze livestock on land from which Palestinians have been violently ejected, and to that end pays for security, paves roads, provides infrastructure and supports financial enterprises in these outposts through various government ministries. At the same time, it gives settlers free rein to commit violent acts against Palestinians. The military does not confront violent settlers. It does not prevent the attacks, and in some cases, soldiers even participate in them. The Israeli law enforcement system does not take action against settlers who harm Palestinians after the fact and whitewashes the few cases it is called upon to address. “

Ir Amim: Israel’s 2040 Plan for Jerusalem Will Displace More Palestinians

In a new report, entitled “Planned Negligence: How Palestinian Neighborhoods Disappeared from Jerusalem’s Current and Future Urban Planning Policies,” Ir Amim  analyzes how Israel’s “Jerusalem 2040 Strategic Plan” projects the continuation of decades-old policies of deliberate under-development and suppression of urban planning in Palestinian neighborhoods, in favor of the expansion and prosperity of Jewish Israeli neighborhoods. The report looks in detail at three planning policies adopted by Israel – for the benefit of Israeli Jews – in Jerusalem:

1. The framework agreement between the Jerusalem Municipality and the Israel Land Authority, which provides funding for 23,000 housing units in Israeli neighborhoods, yet does not include construction in a single Palestinian neighborhood;
2. The plan’s urban renewal project that outlines a potential for 30,000 more housing units, designated exclusively for Jewish Israeli neighborhoods; and
3. The light rail densification project, which is estimated to provide an additional 25,000 housing units which by definition will be limited almost entirely to Jewish Israeli neighborhoods (because the current and planned routes of the light rail are either located in or pass almost exclusively through Israeli neighborhoods).

The report concludes that the implementation of the “Jerusalem 2040 Strategic Plan” will result in further displacement of Palestinians from the homes in East Jerusalem. In Ir Amim’s words, Israel’s plan has 

“…essentially sentenced hundreds of thousands of Palestinian residents of Jerusalem to the ever-worsening planning chokehold. The Israel 2040 Strategic Plan will drastically exacerbate the crisis beyond the already-astronomical cost that planning discrimination currently exacts from East Jerusalem’s residents.”

In conclusion, Ir Amim writes:

“Ongoing planning discrimination is creating a crippling housing crisis that is violating East Jerusalem residents’ basic right to a home, and is displacing them from the city. Those who are forced to relocate away from Jerusalem will face growing environmental problems, remain plagued by housing shortages and issues of inadequate infrastructure that continue to worsen. The government’s new planning policy is transforming the existing planning discrimination against East Jerusalem residents into a pre-determined, quasi-professional policy quagmire which will shape the planning landscape for decades to come. There is an essential and urgent need to act imminently to amend these government decisions to include tailored solutions for Palestinian neighborhoods and to provide for the housing needs of East Jerusalem residents.”

Bonus Reads

1. “Israeli Defense Minister’s New Settlement Aide Isn’t a Settler, in First Since 2015” (Haaretz)
2. “Sheikh Jarrah families ‘determined’ despite lingering uncertainty” (Al Jazeera)
3. “EU-funded Palestinian school faces Israeli demolition” (Al Jazeera)
4. “We don’t just live through one home demolition — we live through them all” (+972 Magazine)