Welcome to FMEP’s Weekly Settlement Report, covering everything you need to know about Israeli settlement activity this week.
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June 28, 2024
- West Bank Annexation: Israeli Military Cedes Control of West Bank Civilian Affairs to Settler
- In Secretly Recorded Tapes, Smotrich Confirms Israel is Annexing the West Bank via Bureaucracy
- Israel Authorizes Five Outposts, Hints at Thousands of Units & More Annexation to Come
- Knesset Forms Caucus to Push for Resettlement of Gaza
- Canada Sanctions Prominent Settler Groups & Leaders
- Israeli High Court Hears Petition Challenging De Facto Annexation in the Jordan Valley
- Bonus Reads
West Bank Annexation: Israeli Military Cedes Control of West Bank Civilian Affairs to Settler
In an act of de jure annexation of the West Bank, on May 29th the head of the Israeli Civil Administration signed an order ceding a significant part of the military’s authority over affairs in the West Bank to a newly created, civilian administrator who reports to Bezalel Smotrich. Filling that role is Hillel Roth, a close ally of Smotrich and resident of the radical, violent Yitzhar settlement. Roth was appointed as Deputy head of the Civil Administration and now has authority over the enforcement of building regulations in settlements and outposts; West Bank real estate transactions; government property; land and water arrangements; protection of holy places (except the Cave of the Patriarchs, Rachel’s Tomb and Samuel’s Tomb); forestry laws; tourism; public bathing; planning of cities, villages and construction; some land registration processes; management and administration of regional councils; and many more.
Smotrich stressed that these changes are meant to be long lasting, and that if the current government changes, the architecture of annexation will remain.
This is a significant continuation of the transfer of control over the West Bank from the Israeli military – which has acted as the occupying power of the West Bank since 1967 – to Israeli civilian government elected by Israelis (and not Palestinians living in the West Bank) to advance Israeli state interests. It’s reasonable to expect that Roth, working in tandem with Smotrich, will continue to advance annexation, accelerate settlement construction, outpost legalization, and enforcement against Palestinian construction. To learn more about why this transfer of power matters, listen to a new FMEP podcast featuring FMEP Fellow Peter Beinart speaks with Professor Yael Berda.
Longtime anti-settlement activist Yehuda Shaul described the step as “de jure annexation,” claiming that “Israeli civilian governance has been extended into the West Bank under Smotrich’s guidance.”
Mairav Zonszein, a senior analyst for Israel-Palestine at Crisis Group, told The Guardian:
“The big story is that this is no longer ‘creeping annexation’ or ‘de facto annexation’, it is actual annexation…This is the legalisation [and] normalisation of a long-term policy. Smotrich is basically re-establishing the way in which the occupation works by taking a large part out of the hands of the military…Half the people he has brought in to the defence ministry are from [the pro-settler Israeli NGO] Regavim. The same people who worked at Regavim to disposess Palestinians in Area C are now in government positions.”
In Foreign Policy, David Rosenberg writes:
“Control over public bathing may seem like a minor business on par with dog catching. But it is not: A big part of the contest for the future of the West Bank is about demographics—increasing the settler population—and control of land. The Settlements Administration is meant to give the settlers the tools to do that more effectively. The natural springs that dot the West Bank serve Palestinian farmers as well as Israeli bathers and constitute one of many battlegrounds for control of the land and its resources.”
In Secretly Recorded Tapes, Smotrich Confirms Israel is Annexing the West Bank via Bureaucracy
At a settler event on June 9th, members of the Peace Now team secretly recorded a speech Bezalel Smotrich made in which he detailed how the Israeli government is bringing the West Bank under Isreal’s civilian/domestic government through a series of administrative moves that were designed to obscure Israel’s annexation from the world, making it appear that the military is still in charge. Smotrich described the efforts as “mega dramatic” saying that the government is cementing its control over the Area C of the West Bank by transferring powers from the military to civilians, but doing it in a way that:
“would be easier to swallow in the political and legal context, so that people wouldn’t say that we are now doing an annexation, and sovereignty, etc., so we did not change the legal status of the land. The military commander is still the sovereign.”
Smotrich went on to detail what the government has accomplished over the past several years, including the establishment of the Settlement Administration and the transfer of powersf from the military to that civilian body, establishing a legalization bypass route to grant outposts authorization, and the upcoming transfer of legal authority from the military to an official under Smotrich’s control. To read more about these moves, see Peace Now’s reporting.
Smotrich’s ultimate goal is, of course, to have no distinction between Israel’s governance regime over 48 Israel and the whole West Bank, not just Area C. A Palestinian settlement expert, Khalil Tafakji, told Mondoweiss that the next logical step is for Smortich to set his sights on Area B, where the Palestinian Authority is empowered to oversee civilian affairs.
Peace Now said in a statement:
“Smotrich said out loud what Netanyahu is trying to hide. While all eyes are on what the Israeli government is doing in Gaza, they are also actively pursuing annexation of the West Bank. Since the war began over two dozen new outposts have been established, and a similar number of Palestinian communities have been forcibly displaced. And in a blatant violation of international law, the government has transferred power in the Occupied West Bank from the army to a civilian body. This illegal act of annexation makes clear that two legal systems are now officially at play for the Palestinians and one for Israeli settlers.”
Michael Sfard, an Israeli human rights lawyer, told The Guardian:
“The bottom line is that [for] anyone who thought the question of annexation was foggy, this order should end any doubts. What this order does is transfers vast areas of administrative power from the military commander to Israeli civilians working for the government.”
The Haaretz Editorial Board writes:
“Netanyahu, Smotrich and their colleagues are annexing the West Bank right now. They are instituting apartheid and destroying the two-state solution. And if they succeed, Israel will cease to exist as a democratic country.”
Israel Authorizes Five Outposts, Hints at Thousands of Units & More Annexation to Come
On June 27th, the Israeli Security Cabinet approved the retro legalization of five outposts along with a series of punitive sanctions on the Palestinian Authority. In announcing the decision, Smotrich said the Cabinet also approved the advancement of plans for thousands of new settlement units across the West Bank as well as forcible transfer of authority over a specific West Bank nature reserve in Area B from the Palestinian Authority to Israel (an act of de jure annexation). According to the Times of Israel the nature preserve, which is not named, has been an obsession of Regavim and other settler groups which allege the Palestinian Authority has been building there (entrenching a Palestinian presence on land the settlers want) and damaging heritage sites – which is a common and often baseless accusation settlers level against Palestinians.
The Prime Minister’s office has not independently confirmed the details of the Cabinet’s decisions, but the Cabinet Secretary Yehuda Fuchs did confirm the decision to legalize the five outposts. The outposts set to be legalized as full-fledge settlements – which will be afforded the ability to expand its territory, receive Israeli services, etc etc – are:
- Evyatar, which was built on a strategic hilltop named Mount Sabih, located just south of Nablus on land historically belonging to nearby Palestinian villages Beita, Yatma, and Qablan. The history of the Evyatar outpost and the Israeli government’s efforts to legalize were headline news in 2021, with Palestinians staging regular protests against the outpost and settlers along with the IDF violently attacking those protests. Since 2021, the Israeli government has been “examining” the land in order to find a basis by which to declare the area as “state land” and allow settlers to once again live there. For further background, see here.
- Sde Efraim;
- Givat Asaf, located east of Ramallah;
- Heletz, in the southern West Bank;
- Adorayim, in the southern West Bank.
The proposal for authorizing these outposts was first promoted as a response to European states – Norway, Ireland, Spain, and Slovenia – announcing recognition of a Palestinian state.
As a reminder, the Israeli government has spent decades finding means by which to grant authorization to outposts that settlers have illegally built (oftentimes with the open encouragement and funding of the government) throughout the West Bank. The outposts that, to date, are still illegal under Israeli law for the most part are either newly constructed outposts, or they are located on land that even the Israeli government has in the past recognized as privately owned Palestinian land. For the past five years at least, the Israeli government has been inventing new legal bases by which to expropriate privately owned Palestinian land in order to authorize those remaining and new illegal outposts – even tasking government teams to design legal pathways for each outpost to receive authorization. Newly invented legal tools have included most notably the Regulation Law (which was later overturned by the Israeli High Court), and the Market Regulation Principle, and the findings/recommendations of the 2018 Zandberg Report. It remains unclear what basis will be used for these five new outposts set for legalization, or if the Israeli government intends
Knesset Forms Caucus to Push for Resettlement of Gaza
Two members of the Knesset recently launched the “Knesset Caucus for the Renewal of Settlement in the Gaza Strip.” The Caucus is dedicated to push legislation and policy in favor of establishing Jewish settlements in Gaza, an increasingly popular idea even beyond settlers and their allies. A recent survey by the Pew Research Center found that 50% of Jewish Israelis support occupying the Gaza Strip after the war against Hamas ends — although it did not explicitly ask about settlement.
Canada Sanctions Prominent Settler Groups & Leaders
On June 27th, the government of Canada announced sanctions against 5 settler entities and 7 individuals, including prominent settler groups like Amana, Lehava, and the Hilltop Youth, as well as prominent settler leaders, including Daniella Weiss. Canada is the first foreign government to issue sanctions against Weiss or Amana, which is one of the most powerful and well resourced settler organizations behind the illegal construction of outposts in the West Bank. Amna has also received Israeli government funding despite its very public involvement in illegal activities.
In a statement the Canadian Foreign Minister Melanie Joly said:
“We remain deeply concerned by extremist settler violence in the West Bank and condemn such acts, not only for the significant impact they have on Palestinian lives, but also for the corrosive impact they have on prospects for lasting peace. We call on authorities to ensure the protection of civilians and hold perpetrators of such violence accountable.”
Israeli High Court Hears Petition Challenging De Facto Annexation in the Jordan Valley
On June 22nd, the Israeli High Court held a hearing on a case submitted by Palestinian herders in the Jordan Valley who have had their livestock seized by the Jordan Valley Regional Council. The Palestinians, whose petition is supported by Yesh Din, argue that the settler regional council does not have authority to enforce its bylaws on Palestinians.
The three-judge panel appeared to at least partially sympathize with the legal argument of the Palestinians, which assert that the settlers do not have jurisdiction to regulate Palestinians or the land. Instead, one of the judges asked the settlers why they do not just call the Israeli Civil Administration to handle the issue.
Since October 7th, Yesh Din has documented several instances of settlers conspiring with the Jordan Valley Regional Council to confiscate herds of livestock belonging to Palestinians based on the claim that they are illegally grazing in the Regional Council’s jurisdiction, and then demanding exorbitant fees for their return. Yesh Din identifies this not only as an illegal practice, but as a policy “designed to annex and take over Areas C while pushing Palestinians out…to force Palestinian communities from their homes.
The IDF’s own legal council has issued a legal opinion confirming that settler municipalities do not have jurisdiction or authority to enforce any laws or regulations against Palestinians. But the settler regional council rejected this opinion, saying that its jurisdiction applies to an area of land (and anyone/thing who enters that land) – not just a certain type of people (i.e. Israeli settlers).
Yesh Din explained why this is a significant legal claim:
“The danger posed by the pretension of the regional council, which seeks to hold the power to regulate the grazing of Palestinian herders, has enormous ramifications. This is a new and predatory form of economic violence by settlers and an authority that has distinct annexationist aspects, as it expresses the degradation of the military commander’s responsibility in the occupied territory and the assignment of its authorities to civilian governmental bodies.”
Bonus Reads
- “A settler shot my husband. Then Israel bulldozed my childhood home“ (+972)
- “Is the US poised to sanction an Israeli minister for the first time?” (The Times of Israel)
- “Settler Real Estate Company Allegedly Sold Land It Doesn’t Own. Israel Threatens Legal Action” (Haaretz)
- “Israeli legal team seeks clarification on US sanctions against protest group” (JNS)