Settlement & Annexation Report: January 28, 2022

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

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

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

“‘We’re here to pressure the village’: Israeli troops admit collective punishment policy” (+972 Magazine)
“Israel Closes Case Against Police Involved in Deadly West Bank Car Chase” (Haaretz)
“Palestinian farmers caught between Israeli rock and PA hard place” (Middle East Eye)
“Explained: How Israel’s Absentees’ Property Law keeps Palestinians from their homes” (Middle East Eye)
“Opinion | The Israeli Occupation’s Problem Isn’t Just a Few Violent Settlers” (Avshalom Zohar Sal / for Haaretz)
“Palestinians call for probe into Israeli massacres in Tantura” (Al Jazeera)
“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 21, 2022

Under Cover of Darkness & Cold, Israel Evicts Palestinian Family & Demolishes Their Homes in Sheikh Jarrah
Israel Advances Plan for New Settlement in East Jerusalem
Settlers Continue To Press For “Legalization” of Homesh Outpost & Yeshiva
New U.S. Ambassador Will “Absolutely Not” Visit Settlements
Further Reading

Under Cover of Darkness & Cold, Israel Dispossessed Palestinian Family & Demolished Their Homes in Sheikh Jarrah

At approximately 3:00am on Wednesday, January 19th Israeli forces undertook a major operation in order to forcibly remove the Salhiya family from their longtime home in Sheikh Jarrah — rendering 7 adults and 5 children homeless in the middle of the night in the freezing rain. Israeli forced then moved to promptly demolish the home. The action followed Israel’s aborted two days earlier, on January 17th, to remove the family, during which it razed part of the Salhiya family plot, including a plant nursery.

As a reminder, Israel pursued this dispossession after unilaterally expropriating the plot of land owned by the Salhiya family in 2017 for “public use.” Israeli authorities say that they intend to use the land to build schools to serve Palestinians, who have long suffered from a shortage of school facilities. As has been noted, this argument is hard to take seriously, given that land exists elsewhere in Sheikh Jarrah on which schools could be built without evicting and rendering an entire Palestinian family. Ir Amim explains:

“Although Israeli law allows for the expropriation of private property for public purposes, it is typically only carried out in the absence of alternative options. The authorities have had various options at their disposal, including use of other plots of open land in the neighborhood, which would not have necessitated the Salahiya family’s eviction. Rather than using such plots, the municipality saw it reasonable to dispossess a Palestinian family to meet such needs.”

In order to carry out this forcible dispossession, Israel forces first cut power to the entire (Palestinian) area in which the Salhiya house and businesses were located. Accounts from those present at the eviction/demolition reported that Israeli forces violently assaulted several members of the Salhiya family including children. Israeli forces also arrested eighteen human rights defenders – including members of the Salhiya family — for resisting the eviction (for a detailed update on these cases, please see this report by Human Rights Defenders Fund). An additional six human rights defenders were arrested later on January 19th during a protest against the demolition, held in front of the Jerusalem Mayor’s home. Human Rights Defenders Fund, which is funding the legal representation of those arrested, said:

“HRDF opposes the unjust evictions of family homes in Sheikh Jarrah and will continue to stand with Palestinian HRDs defending their basic human rights for property and shelter. We will continue to closely monitor Sheikh Jarrah neighborhood and oppose any illegitimate attempt to change its demographics.”

The overnight evictions have been roundly criticized by human rights groups and several international governments. The European Union slammed the eviction/demolition, along with separate statements issued by individual European nations. The United States Ambassador to the United Nations, Linda Thomas-Greenfield also spoke out (weakly, in a statement framed in classic bothsides-isms).

Israel Advances Plan for New Settlement in East Jerusalem

On January 17th, the Jerusalem District Planning Committee approved for deposit for public review a new settlement plan in East Jerusalem – called the “Lower Aqueduct” plan. The new settlement is intended to connect the controversial settlements of 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.

As laid out in new reporting from Terrestrial Jerusalem, the plan is being promoted by the Jerusalem Municipality together with the Israel Lands Authority, but – as the reporting predicts –

“when the smoke clears, it will become evident that the same protagonists that are facilitating settlements in Sheikh Jarrah, Silwan, Givat Shaked, Musrara – i.e. the Custodian General and the Absentee Property Custodian – are deeply implicated in the Plan.”

Terrestrial Jerusalem further notes that the plan is being advanced at an expedited pace, giving the appearance that “someone senior and in a position of authority is expediting the Plan at [a] highly irregular pace.”

In total, the plan provides for the construction of 1,465 new units – around half of which will be constructed over the 1967 Green Line the demarcates (in the eyes of the international community) the line between Israeli-annexed West Jerusalem and Israeli-occupied East Jerusalem. The plan also provides for open public spaces and buildings including schools and a gymnasium.

Importantly, the new settlement will impinge on the 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’s Aviv Tartarsky told The Times of Israel:

“This is another way in which Israel is erasing the Green Line in Jerusalem, ending Palestinian contiguity, and expropriating the lands of Palestinians. When Palestinians tried to plan construction there, it was rejected — and now the territory will be confiscated.”

Following the committee’s decision to this week to advance the plan, the European Union, France, Germany, Spain and Italy all issued statements calling for Israel to reverse the move. France also published a joint statement with Ireland and Estonia.

Settlers Continue To Press For “Legalization” of Homesh Outpost & Yeshiva

In a display of brazen lawlessness, more than 1,200 Israeli Jews managed to enter the closed military zone that is the site of the former Homesh settlement – where settlers have illegally established and operated a yeshiva for years – in order to celebrate the Jewish holiday of Tu B’Shvat, as part of their ongoing campaign to pressure the government to reestablish the settlement.

To reach the site, settlers (identified as yeshiva students by The Jewish Press) marched en masse for two hours with armed guards through the outskirts of the Palestinian village of Sebastia. On their way, settlers passed easily through at least two IDF checkpoints — meant to stop traffic towards the Homesh area, though Israeli soldiers in practice prevented only the freedom of Palestinian traffic in that direction. Sebastia is a routinely besieged city, suffering closures in the wake of the murder of settler Yehuda Dimentan and as a consequence of Israeli settler’s focus on archaeological sites in the city [as has been covered in the Settlement Report regularly: settlers, in collaboration with Israeli authorities, are openly seeking to exploit archeology as a tool to dispossess Palestinians in the West Bank].

In Jerusalem, settler leaders and their allies continued their mass protest in front of the Prime Minister’s residence in a bid to pressure Bennett to authorize Homesh, amongst other demands.

New U.S. Ambassador Will “Absolutely Not” Visit Settlements

In an interview with the Yedioth Ahronoth news outlet, U.S. Ambassador Thomas Nides said that he will not visit Israeli settlements in the West Bank, unlike his immediate predecessor David Friedman.

When questioned about his travel policy as compared to Friedman’s, Nides said:

“Because just like I ask both the Palestinians and Israelis not to take steps that inflame the situation, I don’t want to do things intentionally that would create disrespect or anger among people. Now, listen, I’ll make mistakes. I’ll say things that will aggravate people. I’m sure that in this interview, I’ll say something that will aggravate someone. But I don’t want to intentionally anger people.”

It’s worth recalling that the Biden Administration has not reversed or publicly rejected the Trump Administration’s “Pompeo Doctrine,” which made it U.S. policy to view Israeli settlements as not “per se inconsistent with international law.” The overwhelming majority of the international community holds that all Israeli settlements and outposts in the West Bank are illegal pursuant to Article 49 of the Fourth Geneva Convention, which states:

“The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” It also prohibits the “individual or mass forcible transfers, as well as deportations of protected persons from occupied territory”.

Bonus Reads

“PODCAST: Excavating Israel’s underground settlements” (+972 Magazine)
“Palestinian Activist Dies Two Weeks After Being Run Over by Israeli Police Truck” (Haaretz)
“There’s a Mass Palestinian Grave at a Popular Israeli Beach, Veterans Confess” (Haaretz)
“JNF Board Members Demand End to Controversial Tree-planting in Negev Until Questions Answered” (Haaretz)

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

To subscribe to this report, please click here.

January 14, 2022

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

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).

Map by Peace Now (click to expand)

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

Map by Ir Amim (click to expand)

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:

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.
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.”

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

Map by Peace Now

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:

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.”
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.
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.

Map by Peace Now

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

“First Settlers Beat Them Up, Then Ismail and His Family Were Jailed” (Haaretz)
“Why Palestinian Kids’ Playgrounds Are Such Prime Targets for Israeli Settlers” (Haaretz // Ali Awad)
“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 23, 2021

Homesh Settlement Violence Continues As Knesset Rejects Plan to Authorize Outpost
Settler/State Displacement of Palestinians in Sheikh Jarrah, Part 1: Salem Family Gets Brief Reprieve of Expulsion from Home in Sheikh Jarrah
Settler/State Displacement of Palestinians in Sheikh Jarrah, Part 2: Salhia Family Receives Eviction Order
Settler/State Displacement of Palestinians in Sheikh Jarrah, Part 3: Skafi Family Turns Down $5 million Offer from Settlers for Home
Israeli Supreme Court to Decide on (Likely Swift) Mass Demolitions in al-Walajah
Church Leaders Launch Campaign Against “Systematic Attempt” to Rid Jerusalem of Christians
Bonus Reads

Homesh Settlement Violence Continues As Knesset Rejects Plan to Authorize Outpost

In the days following a deadly attack by Palestinians on Israeli settlers near the site of the former Homesh settlement in the northern West Bank, Israeli settlers and their allies, predictably, have exacted revenge on Palestinian communities, with violent attacks that Israel has done little or nothing to prevent. Also predictably, they have demanded that, in response to the attack, the government authorize the illegal outposts/yeshiva at the site of Homesh, as well as additional new settlements.

Despite an emotional plea by the family of the murdered settler – Yehuda Dimentman – and accompanying pressure from the settler constituency, the Knesset voted 59-50 against a declaration that would have urged Prime Minister Bennett to grant authorization to the Homesh outpost along with 70 other outposts in the West Bank. In addition, the text of the declaration urged Bennett “decisively prevent the evacuation of the Homesh Yeshiva, authorize it and to allow its students to study and live there.”

As a reminder, the Homesh settlement was dismantled by the Israeli government in 2005 as part of its “disengagement” from the Gaza Strip. Homesh was ruled to have been built on land privately owned by the Palestinian village of Burqa, ownership which was legally recognized by the Israeli High Court of Justice. Nonetheless, since 2005 Israeli authorities have permitted settlers to retain effective control over the area, including via establishing and operating an [illegal] religious school (aka, yeshiva) at the site for the past 15 years. The yeshiva lacks any permits/planning authorization — authorization that is impossible given that in 2005 the IDF declared the Homesh site to be a closed military zone. As such, both Palestinians and settlers are prohibited from entering the area (let alone building on it). That restriction, however, in practice has been applied to only one population (the one that has been recognized by Israel as the legal owners of the land), and for years, the IDF has turned a blind eye to the yeshiva, despite warnings about the outpost’s violence and repeated confrontations. The recent attack targeted settlers departing from that [illegal] yeshiva.

Within days of last week’s attack, settlers moved to expand the outpost/yeshiva at the Homesh site. On December 18th, settlers managed to erect new, prefabricated buildings at the site, adjacent to the existing (illegal) yeshiva. In the process, settlers reportedly clashed with the IDF, which tried (and failed) to prevent them accessing the site.

On December 19th, the IDF moved in to dismantle the new (illegal) buildings, but did not dismantle the (equally illegal) yeshiva. At the same time, a group of 200 settlers attempted to reach the yeshiva and protest the removal of the outpost buildings, resulting in violent clashes with the IDF. Later, on December 22nd, Israeli authorities arrested the head of the illegal Homesh yeshiva – Rabbi Elishama Cohen – on “suspicion of violating the 2005 Disengagement Law” (the law that provided for the evacuation of the Homesh settlement). Cohen was soon released following intervention by top settler leader Yossi Dagan, but told to return to the police station for further questioning. The arrest infuriated MK Bezalel Smotrich, from the far-right Religious Zionism party, who slammed the Bennett government, saying:

“As part of the government’s decision to eliminate the Homesh yeshivai in response to the terrorist attack in which Yehuda Dimentman was killed and to reward terrorism, the police were sent today to persecute, arrest and deter him. They will not scare us. We call on the masses of the house of Israel to arrive tomorrow and march with Yehuda’s family, demanding an arrangement be made with the Homesh yeshiva.”

The Jerusalem Post reports that the IDF has plans to dismantle the yeshiva following a seven day mourning period for Dimentman.

Settler/State Displacement of Palestinians in Sheikh Jarrah, Part 1: Salem Family Gets Brief Reprieve of Expulsion from Home in Sheikh Jarrah

The expulsion of the Palestinian Salem family from their home of 70 years in Sheikh Jarrah has been delayed on a technicality. +972 Magazine reports that the eviction order was paused because the settler (Aryeh King) who pompously hand-delivered the order to the Salem family was not legally empowered to do so, forcing the Jerusalem court to annul that order (which had set the expulsion for December 29th) and issue a new order, which will reportedly be delivered to the family in the coming weeks.

The delay follows notable attention on the case from international actors, including a visit by diplomats from the European Union. +972 Magazine further reports:

“A source in the Israeli government told +972 that various ministries have been turning their attention to the expulsion of the Salem family due to concern over the political ramifications (developments in the neighborhood remain closely watched by Palestinians and by foreign governments). Some Israeli officials have even looked into legal possibilities for the family to further appeal the ruling, in an attempt to stall its implementation. Israel’s Foreign Ministry provided +972 with the following response, which it said had been coordinated among all relevant government bodies: ‘The State of Israel is a state governed by rule of law, and the ruling of the court — which are known for their independence and the balance they provide on sensitive issues — is binding. The implementation of the ruling will be carried out by the authorities that take into account all the relevant factors, including the appropriate preparations before every move. Any attempt by extremists, and particularly the Hamas terrorist group, to exploit the situation to increase incitement, violence, and terrorism should be rejected.’”

Settler/State Displacement of Palestinians in Sheikh Jarrah, Part 2: Salhia Family Receives Eviction Order

On December 20th, Israeli authorities reportedly delivered an eviction notice to the Palestinian Salhia family in Sheikh Jarrah, in the area near the British Consulate, with the eviction date set for January 25th. The order pertains to a plot of privately owned land – purchased by a Salhia elder in 1967 – on which the Salhia family has built two homes. Israeli authorities had previously delivered an eviction order to the Salhia family in October 2021, that order has since expired – prompting this new order to be issued.

Mohammad Salhia told Middle East Monitor that the Jerusalem Municipality offered to delay the eviction by 8 months if he signed a legal agreement giving up claim to ownership of the land and turning his family into merely tenants of the buildings (he refused).

According to the WAFA report, in 2019 Israel issued an order to unilaterally seize the plot for the “public interest” in order to establish a school there. This school was originally planned to be built on a different parcel of land, however, the Israeli government gave this land to an Ultra-Orthodox organization in order to build the Glassman yeshiva (a settlement project). In the absurdity of land use in East Jerusalem, now, in order to build the school, the government has opted to confiscate the Salhia family’s land.

Settler/State Displacement of Palestinians in Sheikh Jarrah, Part 3: Skafi Family Turns Down $5 million Offer from Settlers for Home

Al-Monitor reports that the Palestinian Skafi family has turned down an offer by settlers to purchase their home in Sheikh Jarrah for an astounding $5 million. Abdel Fattah Skafi told Al-Monitor:

“The family, similar to others in the neighborhood, will not accept any tempting offers by the Israeli authorities, whether financial or an offer to grant them another piece of land as an alternative. We inherited the house from our ancestors and we will pass it on to our children and grandchildren, no matter how long the conflict with the settlers.”

The Skafi family (14 individuals) live in a large house surrounded by homes that have already been taken over by Israeli settlers. In order to access the house, the Skafis must pass through a narrow alley in front of the settler-inhabited homes. The family has been subjected to daily harassment and violence as a result of this reality.

Israeli Supreme Court to Decide on (Likely Swift) Mass Demolitions in al-Walajah

On December 26th, the Israeli Supreme Court is set to hold a final hearing on demolition orders against 38 Palestinian homes – in which around 300 people live – in the village of Al-Walajah, a small part of which is located within the municipal borders of Jerusalem (illegally annexed by Israel following the 1967 war). The State has asked the Court to lift a freeze on the demolition orders, arguing (as usual) that the houses – built by Palestinians on their own land – were built without the required Israeli permits. Ir Amim cautions that if the Court decides to greenlight the demolition orders, it is likely that the mass demolitions will be carried out very quickly. Ir Amim explains:

“The demolitions would likely be carried out very swiftly because the National Enforcement Unit under the Ministry of Finance has assumed responsibility for building and planning enforcement in this area since 2016. This unit is considered the most aggressive Israeli enforcement body. Indeed in the past five years, this unit has executed demolition orders in al-Walajeh immediately after the conclusion of court proceedings. Some 12 additional homes not protected by the appeal likewise face impending demolitions, four of which were carried out over the past few months, including one at the beginning of December. Roughly half of the homes in the annexed part of al-Walajeh have received demolition orders, and approximately 30 have already been executed since 2016 (including those mentioned above). These mass demolition orders, together with the absence of urban planning, threaten to uproot hundreds of al-Walajeh residents for a second time.”

As a reminder, 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, the situation is even worse: such permits are, literally, impossible to obtain, since the area lacks a required Israeli-approved “outline plan,” without which permits are an impossibility. In an effort to overcome this obstacle, 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.

Ir Amim writes:

“Demolitions in Al-Walaja are due to two combined Israeli policy decisions: On the one hand, Israeli authorities have never made an outline plan for the annexed part of Al-Walaja and residents therefore have no possibility of obtaining a building permit. All construction that has taken place in Al-Walaja since 1967 is thereby considered illegal under Israeli law. On the other hand, in 2016 the government decided to increase home demolitions – specifically targeting Palestinian communities. Since that year, the National Enforcement Unit (under the authority of the Ministry of Finance) began issuing and carrying out demolition orders in Al-Walaja. This unit is the most aggressive of the Israeli enforcement units. The combined effect of no outline plan and aggressive enforcement has led to half of the homes of the Jerusalem section of Al-Walaja currently being under threat of demolition. In January of this year (2021), the al-Walaja’s community most recent attempt to advance the outline plan they prepared for their village was rejected by the Jerusalem District Committee. Meanwhile, Israeli construction plans of thousands of housing units around Al-Walaja are advancing – including a new settlement on the Western side of the village. Indeed, demolitions in Al-Walaja are part of the creeping annexation Israel is advancing within the Greater Jerusalem area, specifically with the aim of connecting settlements near Bethlehem to Jerusalem, which would effectively fragment the Palestinian space of the southern West Bank.”

Church Leaders Launch Campaign Against “Systematic Attempt” to Rid Jerusalem of Christians

A group of high ranking Christian church leaders have launched a campaign protesting the treatment of churches and Christian residents in Jerusalem. They specifically cite settler violence and attempts to take over church-owned properties in the Old City as key parts of an effort to rid Jerusalem, and other parts of the Holy Land, of Christians.

A statement issued by the campaign reads:

“The principle that the spiritual and cultural character of Jerusalem’s distinct and historic quarters should be protected is already recognised in Isarlei law with respect to the Jewish Quarter. Yet radical groups continue to acquire strategic property in the Christian Quarter, with aim of diminishing the Christian presence, often using underhanded dealings and intimidation tactics to evict residents from their homes, dramatically decreasing the Christian presence, and further disrupting the historic pilgrim routes between Bethlehem and Jerusalem.”

The campaign asks the Israeli government to:

“Deal with the challenges presented by radical groups in Jerusalem to both heChristian community and the rule of law, so as to ensure that no citizen or institution has to live under threat of violence or intimidation.”

The leader behind the new campaign is the Greek Orthodox Patriarch of Jerusalem, Theophilos III, whose Patriarchate has been in a particularly nasty (and muddled) battle with settlers over the fate of three prized Old City properties which have been long-owned by the church, but which settlers claim to have purchased (via a sale to a foreign real estate company acting secretly on behalf of the radical settler group Ateret Cohanim). Once Ateret Cohanim’s role became known, the Patriarchate sought to retain control of the properties, but over the course of a long legal battle, multiple Israeli courts, including the Supreme Court, validated the sale. The Greek Orthodox Church has received significant blowback from the sale of these properties to the settlers, including in January 2018, when Palestinians protested in Bethlehem in an attempt to block the arrival of Patriarch Theophilos III for Christmas celebrations.

In addition to the coalition of Church leaders based in Jerusalem, the campaign was boosted by the Archbishop of Canterbury, who joined the archbishop of the Episcopal Church of Jerusalem and the Middle East (the Anglican Church) to issue a statement that was also published as an article in the London-based The Sunday Times, entitled “Let us pray for the Christians being driven from the Holy Land.”

In response to the campaign, the Israeli Foreign Ministry dismissed the concerns raised by Christian leaders as “baseless,” and claimed that the campaign “distort[s] the reality of the Christian community in Israel.” The Foreign Ministry went on to criticize the Church leaders for their alleged silence regarding the plight of Christians elsewhere in the Middle East, implying that the leaders are unfairly singling out Israel. This line of argument is tantamount to the Israeli government calling these church leaders antisemitic — tying in closely with the Israeli government-backed definition of antisemitism, according to which “applying double standards” in critizing Israel is a form of “contemporary” antisemitism.

Bonus Reads

“De-emphasized under Trump, report shows Biden taking settler violence more seriously” (The Times of Israel)
“Israeli Troops and Settlers Zero in on a New Target for Attacks: Palestinian Schools” (Haaretz)
“Opinion | The U.S. Funding Challenges Facing the Israel-Palestine ‘Peace Industry’” (Haaretz)
“Opinion: Mr. Blinken, you can pick up the phone and save a Palestinian village from destruction” (Washington Post)
“Why Jerusalem Cannot be ‘Taken Off the Table’” (Crisis Group)

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

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

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

Map by Haaretz

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:

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

“Mining Gold From East Jerusalem’s Streets” (Amira Hass for Haaretz)
“This was the deadliest year for Palestinian children since 2014” (Khaled Quzmar for +972 Magazine)
“Unearthing the Palestinian Neighborhood Buried Beneath a Tel Aviv Park” (Haaretz)
“Fact Sheet: Israel’s E1 Settlement” (IMEU)
“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.

December 10, 2021

Israel Advances Plan for New East Jerusalem Settlement, “Givat HaShaked”
Israel Decides on a Last Minute (& Temporary) Delay of Atarot Settlement
Shaked Funds, Elevates Settler Municipal Council in Hebron
Demolition of Palestinian Property in Area C Hit a Five Year High in 2020
Israel Escalates Intimidation of Activists Working in the South Hebron Hills
Bonus Reads

Israel Advances Plan for New East Jerusalem Settlement, “Givat HaShaked”

On Wednesday December 8th, the Jerusalem Local Planning Committee advanced a plan to build a new settlement, called “Givat HaShaked,” to be located on the southern perimeter of East Jerusalem – on the northwestern part of the Palestinian neighborhood of Beit Safafa. The plan would see construction of 473 settlement units, as well as schools. The plan also includes plots designated for two synagogues, the latter fact casting doubt on the Jerusalem Municipality’s assertion that “the Givat HaShaked plan is not necessarily designed for a specific demographic.”

Ir Amim reports that a portion of the land on which Givat HaShaked would be constructed is privately owned by Palestinian residents of Sharafat, which is a section of the Palestinian neighborhood of Beit Safafa on the southern end of Jerusalem. It should be recalled that Beit Safafa – which is suffering from an acute housing crisis that Israeli authorities have refused to address – is 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.

Other parts of the land proposed to be used for the Givat HaShaked settlement plan are managed by the Israeli General Custodian – 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.” [An answer that 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].

It must be remembered that in late 2020 the Israeli government initiated a 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.”

It should also be recalled that Israeli authorities undertook the secret registration of land for the benefit of settlers in Sheikh Jarrah. For further information on the highly sensitive and consequential land registration process in East Jerusalem, please see FMEP’s reporting here and Ir Amim’s reporting here.

Ir Amim said in a statement on the Givat HaShaked plan:

“As 2021 comes to a close, it has become more evident that although the current Israeli government is comprised of a broad coalition, it is unequivocally advancing a hardline rightwing agenda propelled by far rightwing politicians in strategic positions. Since the theoretical “government of change” came to power half a year ago, it has successfully undertaken systematic measures, which sabotage any remaining viability of a negotiated political resolution and carry severe ramifications on Palestinian human rights. Settlement advancements in the most sensitive locations in and around East Jerusalem have accelerated unimpeded, while heightened threats of mass Palestinian displacement from the city have soared to an unprecedented level.”

Terrestrial Jerusalem founder Daniel Seidemann tweeted:

“Atatrot, E-1, Sheikh Jarrah, Silwan and now Givat Hashaked reveal the Bennett Doctrine: ‘Leave no eye un-poked’.”

Israel Decides on a Last Minute (& Temporary) Delay of Atarot Settlement

At a hearing on December 6th, the Jerusalem District Planning Committee ordered an environmental study be completed before it advances a plan for the construction of the new Atarot settlement on the northern border of Jerusalem. The court-ordered study is expected to take about one year. Notably, in ordering the study, the Court made it clear that the environmental study is “standard practice” and expressed support for the underlying plan, saying it believes the plan represents a proper use of unutilized land reserves.

The decision to delay the advancement of the Atarot settlement plan came as a bit of a surprise, as Israeli Prime Minister Naftali Bennett had assured settlers only last week that the plan would indeed be advanced at the meeting. However, Bennett has come under sustained scrutiny and pressure from the U.S. – most pointedly in a call on December 2nd with Secretary of State Antony Blinken. In the call, as reported by The Times of Israel, Blinken made it clear to Bennett that the U.S. would be unhappy if the plan was advanced, even if Israel committed that the construction would not move forward (as reports suggested was the preferred Israeli solution — one that the Israeli government likely thought would appease both settlers and the U.S.). Blinken is reported to have made it clear that any advancement of the project would be unacceptable. Notably, U.S. diplomats were in attendance at the December 6th hearing, which came one day after Thomas Nides presented his credentials to the Israeli government to serve as the U.S. Ambassador to Israel. Nides’ ceremony was originally scheduled for December 6th (the day of the hearing) but was reportedly rescheduled to not coincide with the Atarot hearing.

Meanwhile, Regional Cooperation Minister Issawi Frej (Meretz) is considering how to advance his own plan to build a new airport at the Atarot site, a plan which has the support of Israeli Transportation Minister Merav Michaeli (Labor).

As a reminder, the Atarot plan calls for a huge new settlement on the site of the defunct Qalandiya Airport, located on a sliver of land between Ramallah and Jerusalem. In its current form, the plan provides for up to 9,000 residential units for ultra-Orthodox Jews (assuming, conservatively, an average family size of 6, this means housing for 54,000 people), as well as synagogues, ritual baths (mikvehs), commercial properties, offices and work spaces, a hotel, and a water reservoir. If built, the Atarot settlement will effectively be an Israeli city surrounded by Palestinian East Jerusalem neighborhoods on three sides and Ramallah to its north. Geopolitically, it will have a similar impact to E-1 in terms of dismembering the West Bank and cutting it off from Jerusalem. For more on the Atarot settlement plan, please see here.

Shaked Funds, Elevates Settler Municipal Council in Hebron

On December 1st, an Israeli news station reported that Interior Minister Ayelet Shaked allocated $158,000 to the settlers in Hebron for the “development of municipal services.” Al-Monitor reports that this is the first such allocation of funds for Hebron’s nascent settler municipal body, which Shaked was part of establishing in 2017, when she served as Justice Minister.

Prior to receiving permission to form a municipal body in 2017, the loose cluster of settlements located in Hebron’s city center (home to around 1,000 settlers) had technically fallen under the municipal jurisdiction of the Palestinian Authority, while for all practical purposes operating as an enclave under full Israeli control and authority.

Hebron Mayor Taysir Abu Sneineh warned that Israel has repeatedly stoked tensions in Hebron – citing Israel President Isaac Herzog’s recent Hanukkah celebration at the Tomb of the Patriarchs/Al-Ibrahimi Mosque. The Mayor believers that Israel is trying to replace the Palestinian-run Hebron Municipality with a settler organization, telling Al-Monitor:

“This is not to mention the daily attacks [by settlers] in the Tel Rumeida neighborhood and al-Shuhada Street. The city is sitting on a volcano, and things might explode at any moment.”

Karim Jubran, director of field research at the Jerusalem-based nonprofit organization B’Tselem, told Al-Monitor:

“Settlers are tightening the noose around the lives of half a million Palestinians in Hebron, especially those who live in the H2 area, as hostages of settlers and the Israeli army.”

Demolition of Palestinian Property in Area C Hit a Five Year High in 2020

According to data from the Israeli Civil Administration, Israel demolished 797 Palestinian-owned structures in Area C of the West Bank – marking a five year high. The data was obtained via a freedom of information request filed by the Israeli NGO Bimkom.

The soaring number of demolitions is congruent with the escalating, government-funded and government-equipped campaign run by settlers to more aggressively wield building laws against Palestinians in Area C, even as settlers continue building unauthorized outposts in violation of the same building laws, and rarely facing consequences. Just last month, settlers formed a new task force coordinating settler advocacy on the topic. In October 2020, the Israeli government allocated nearly $2650,000 to 14 settler councils in order to buy drones and hire policeman to patrol Palestinian construction in Area C. The government also set up a hotline for settlers to report illegal construction.

As a reminder, under the Oslo Accords, the West Bank was divided into 3 “areas” – Area A, B, and C – pending a permanent status Israeli-Palestinian agreement that would determine final control over all the land (an agreement that was supposed to have been reached by by May 1999). Area C – which accounts for around 60% of the West Bank – was to be (temporarily, until an agreement was concluded) under full Israeli control over Area C. However, throughout the 28 years since the Oslo Accords were signed (and with no peace agreement achieved or in sight), Israel has systematically expanded settlements and its control over lands in Area C, including by denying Palestinians in Area C permits to build “legally” (under Israeli law) on their own land. As a result, Palestinians have been forced to build without Israeli permits (i.e., “illegally” in the eyes of Israeli authorities), and Israel has responded by issuing wide-scale demolition orders and carrying out frequent demolitions.

In recent years, Israel has increasingly treated Area C as indistinguishable from sovereign Israeli territory, extending its laws and regulations to the area and its Israeli settler inhabitants. In parallel, settler groups – most notably the notorious “Regavim” – have lobbied Israeli authorities to crack down on “illegal” Palestinian construction, claiming that Palestinians are trying to “take over Israeli land”.

As part of these ongoing efforts — by settlers and the Israeli government — to entrench and expand Israel’s control over/de facto annexation of the entirety of Area C, in September 2020 the Israeli government allocated 20 million NIS ($6 million USD) for the newly created “Settlement Affairs Ministry.” That ministry was given the mission of surveying and mapping “unauthorized” (by Israel) Palestinian construction in Area C (the same construction which Israel has been aggressively demolishing). This funding further empowers a domestic Israeli body to exert extraterritorial sovereignty over Area C – in effect, treating the area as land already annexed by Israel.

The Knesset has also repeatedly hosted forums to discuss the alleged (by settlers and their allies/advocates) “Palestinian takeover of Area C.” This framing is predicated on the assertion that Area C belongs to Israel (an assertion that is not supported by the Oslo Accords) and must be defended against Palestinian efforts to “steal” it. Consistent with this framing, and under pressure from various outside groups, many members of the Knesset have criticized the Israeli government’s alleged failure to robustly “defend” Israel’s rights and interests in Area C (e.g., failure to prevent/destroy “illegal” Palestinian construction, failure to block foreign government-funded humanitarian projects that support Palestinians’ presence in the area; failure to clear out Palestinians from the area, expand settlements, and consolidate state-built settlement infrastructure; etc.).

Israel Escalates Intimidation of Activists Working in the South Hebron Hills

In two separate – but by all indications connected – actions over the past week, Israeli authorities detained and interrogated several Jewish Israeli activists (some of whom are American citizens) involved in Palestinian solidarity and anti-occupation efforts related to raising awareness around settler violence, land seizures, and firing zones in the South Hebron Hills.

In Jerusalem, police twice raided the home of several Jewish activists on allegations that some of the residents were involved in spraying graffiti on public property as part of an anti-occupation action. In the course of those two raids, police ransacked the house and photographed all the residents, later summoning them for interrogation about the allegations of graffiti and opening cases against some of them.

Later the same day, there was an incident in A-Tuwani, a Palestinian village in the South Hebron Hills. A settler jogging through A-Tuwani – a bizarre action by a settler given that A-Tuwani has been the target of intense settler attacks – was confronted by Palestinians. The incident was eventually resolved in the presence of Israeli police and Israeli activists staying in the village in solidarity with Palestinians. Subsequently, the IDF summoned three of the Israeli activists for questioning about the incident. Those three activists (plus another two) were then detained, interrogated, and charged — with charges ranging from obstructing justice, assault, and failure to prevent a crime. The charge of assault was later dropped; the charge of failing to prevent a crime is a novel charge, generally reserved for cases of murder. The activists were later conditionally released, some after accepting a 15-day ban on entering the South Hebron Hills. In parallel, Israeli Police raided two homes in A-Tuwani – one of the homes houses Israeli activists, the other is the home of a Palestinian family prominently involved in activism and documentation of settler violence in the area. The Israeli police confiscated (without a warrant) equipment owned by the activists and the Palestinian Al-Adra family, including cameras, computers, and a jeep – all of which are vital tools in documenting the ongoing settler terrorism.

Attorney Riham Nasra, who is representing the three activists who were charged, told +972 Magazine:

“It is clear that this arrest is an attempt to inflate accusations in order to intimidate and deter activists, to prevent them from continuing their important activities. They were turned into suspects only because they did not cooperate with the investigators’ attempts to indict them. From the hearing it is clear that the activists were never suspected of involvement in the attack. Their arrest is part of the attempts to keep the activists out of the South Hebron Hills, where they expose the atrocities of occupation and human rights violations.”

The actions come at a time when settler terrorism in the South Hebron Hills is a matter of growing international scrutiny, and come only a few short weeks after U.S. members of Congress visited Palestinians in the area. One of the members of Congress, Rep. Mark Pocan (D-WI), followed up his visit by tweeting, “Today ⁦@JamaalBowmanNY & I visited w/ Nasser of Susia in Palestine today to discuss Israeli settler violence to his village. We will be watching to make sure no violence occurs this weekend or anytime.”

For more insight and details on these arrests and the background of the South Hebron Hills, check out FMEP’s latest podcast featuring Oriel Eisner and Maya Eshel – two of the Israelis arrested in Jerusalem and the South Hebron Hills, respectively – entitled, “Israeli Government Escalates Pressure on Israelis Who Stand in Solidarity with Palestinians.”

Bonus Reads

“Israel, sans West Bank, officially joins EU’s huge flagship R&D program” (The Times of Israel)
“New Israeli Government’s Scorecard for Peace: Poor.” (Dahlia Scheindlin for The Century Foundation)
“How settler violence is fuelling West Bank tension” (The Guardian)
“The Temple Mount movement is soaring under Israel’s new government” (+972 Magazine)
“Israeli settlers have a new target, and it’s not in the West Bank” (+972 Magazine)
“Why Settlers Are Quietly Happy With Israel’s post-Netanyahu Government” (Anshell Pfeffer in 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.

December 3, 2021

Israel to Advance Atarot Settlement Plan
New Israeli President Kicks Off Hanukkah with Settlers in Hebron, Sparking Clashes and Raising Ire
Court OKs Demolition of Palestinian Homes in Wadi Yasul (Silwan)
“Day of Destruction” – Israel Demolitions in East Jerusalem & West Bank
Government Contradictions Delay Final Decision on Jerusalem Cable Car Project
Knesset Holds Hearing on Settler Terrorism
Bonus Reads

Israel to Advance Atarot Settlement Plan

At its upcoming meeting scheduled for December 6th, the Israeli Interior Ministry District Planning Committee is set to approve the Atarot settlement plan for public deposit.

The Jerusalem District Planning Committee previously signaled its intent to advance the Atarot settlement plan, most notably by placing it on the December 6th agenda. After apparent pushback from the Biden Administration, on November 25th the plan was suddenly removed from the December 6th agenda, reportedly in fulfillment of a promise to the U.S. to freeze the project. That removal, however, proved short-lived. On November 28th, the Atarot plan reappeared on the agenda, confirming earlier comments Bennett made to the settler-run news outlet Arutz Sheva saying that the plan will indeed be discussed on December 6th. Apparently settling the matter, an Israeli diplomatic source said that the government will act on the plan by approving it for deposit for public review, while at the same time offering the U.S. a rhetorical commitment (but nothing more) that there will be no further advancement in the planning process for at least a year.

Peace Now’s Hagit Ofran cautions:

“‘…please, don’t buy any ‘promise’ that ‘we will not build’ (anyway the planning process takes a while, and even if they work hard and fast they can’t start to build Atarot in less than 3-4 years), what we need is clear: Don’t promote the plan; Shelve it.’ Ofran separately told The Los Angeles Times, ‘As soon as [the committee] approve[s] it, it’s like a snowball.’”

Ir Amim also warns:

“While the Israeli authorities may attempt to relegate the upcoming discussion as a prosaic, bureaucratic step in a lengthy approval process, it is a necessary stage in the plan’s final approval and indeed advances the plan one step closer to full validation.”

For further information about the Atarot plan – and what has transpired over the past week – please see the following two podcasts:

“The Settlement That Wasn’t But Now Is” ft. Daniel Seidemann & Evan Gottesman (Terrestrial Jerusalem Podcast – 11/30/2021)
“Scorched Earth & Settlements in Jerusalem” ft. Daniel Seidemann and Kristin McCarthy (FMEP podcast – 12/2/2021)

New Israeli President Kicks Off Hanukkah with Settlers in Hebron, Sparking Clashes and Raising Ire

Isaac Herzog – the former head of the Jewish Agency who was sworn in as the new Israeli President in July 2021 – opted to make a highly political statement by attending a celebration of the first night of Hanukkah in Hebron, at the Tomb of the Patriarchs/al-Ibrahimi Mosque. Herzog’s choice is correctly understood to be an intentional embrace and legitimization of settlers in Hebron, and of the apartheid reality Palestinians experience everyday. In his speech at the event, Herzog emphasized recognition of “the historical affinity of the Jewish people to Hebron, to the Cave of the Patriarchs,” and spoke about the 1929 massacre of Jews in Hebron. He said nothing about Palestinian links to the city, the 1993 Hebron Massacre, or anything else related to Palestinian equities in the city.

Palestinian and Israeli activists protested the event, which led to clashes with the IDF.

The Palestinian Foreign Ministry responded:

“The Israeli government bears full and direct responsibility for this event…[this is] a defiant move aimed at embracing the settlement enterprise and a blatant violation of international law and the international effort to curb unilateral measures.”

MK Ayman Odeh (Joint List) tweeted:

“Herzog did not go to light the first candle, he went to light Hebron…Whoever celebrates with fans of the killer Goldstein cannot be the president of all the citizens of the country.”

Peace Now, commenting on Herzog’s activities, said:

“[Hebron is] the ugliest face of Israeli control over the territories..It is inconceivable that the president, who is supposed to be a unifying figure, would choose, of all places, to light a candle in a place that has become a stronghold of oppression and violence.”

Commenting on the IDF’s preventing protests of Herzog’s appearance, Peace Now also said:

“While the president lights a candle with Baruch Marzel and the Kahanists, security forces are preventing law-abiding citizens from exercising their right to protest”.

In speculating that Herzog’s appearance in Hebron is indicative of his higher political ambitions [to become Prime Minister], Israeli analyst Anshel Pfeffer writes:

“Herzog’s decision to light the first candle of Hanukkah on Sunday night with the settlers of Hebron, [Kahanist MK] Ben-Gvir’s core constituency, should come as no surprise to anyone. These were the kind of people he courted before being elected president and he’s not about to shun them now, or anytime… The visit to Hebron is not an afterthought or a symbolic gesture of ‘unity.’ This was the very first Hanukkah-lighting of Herzog’s presidency, and his choice of venue signals how he intends to build his political brand throughout his term and beyond.”

The Haaretz Editorial Board – in an editorial entitled “Herzog Decided He Wants to Be the President of the Settlements. It’s Not Too Late to Change It” – pleaded with Herzog to cancel his plan, writing:

“Of all the places in Israel, the president chose Hebron, the ultimate symbol of the ugliness and brutality of the occupation and the violence and domineering of the settlers.

“The visit by Israel’s No. 1 citizen to that place – most of whose Palestinian inhabitants have been forced to flee in fear of the settlers and abandon their homes and stores, turning the heart of Hebron into a ghost town – is tantamount to granting official legitimacy to the appalling injustices perpetrated there every day, both before and after Dr. Baruch Goldstein massacred 29 Arab worshipers in the mosque at the Tomb of the Patriarchs.

“In no other place in the West Bank is Israeli apartheid so horrifyingly flagrant: segregated streets on which Palestinians are prohibited from walking; vehicle entry barred to the Palestinians still living there; checkpoints at every turn – only for Palestinians, of course. Violence and humiliation are the daily fare of every Palestinian resident at the hands of the settlers and their children, as well as the army and Border Patrol personnel who are stationed on every corner.

“That is where Herzog believes he must go. His planned visit to Hebron is a gesture of recognition of and solidarity with the most violent settlers and additional proof that occupied Hebron has been annexed to Israel, at least de facto. Otherwise, the president has no reason to go there.”

Court OKs Demolition of Palestinian Homes in Wadi Yasul (Silwan)

Map by Ir Amim

On November 28th the Jerusalem District Court cleared the way for the immediate demolition of 58 Palestinian homes in the Wadi Yasul section of the Silwan neighborhood in East Jerusalem – adjacent to an area known as the “Peace Forest”. The basis for the order is the Israeli claim that the homes lack Israel-issued building permits. The Court rejected an appeal to continue freezing demolition orders, filed by Palestinian homeowners, ruling that demolition orders can no longer be justifiably suspended because there appeared to be no prospect of Israel legalizing the homes, despite a 15-year effort on the part of Wadi Yasul’s residents to advance planning schemes that could have enabled Israel to rezone the land and legalize the homes.

An attorney representing the Palestinian homeowners told Haaretz:

“The residents have spent millions of shekels on these plans, but in the end, [city officials] broke their promises, posed insurmountable obstacles and insist on implementing the demolition orders and throwing the families out onto the street with no alternative.”

The brutal outcome Israel is meting out to the Palestinian residents of Wadi Yasul stands in stark contrast to the Israeli State and judicial system’s treatment of illegal settler construction in the same area — a reality that underscores the systematic discrimination that characterizes Israeli planning policies and enforcement facing Palestinians in Jerusalem. While pursuing the demolition of Palestinian construction and refusing efforts to address the issue, FMEP reported in 2019 how the Israeli government is working hand-in-hand with Israeli settlers to pursue every avenue to secure the retroactive legalization of the Elad settler group’s illegal construction. Even more brazenly, Israeli officials have been working to rezone the “Peace Forest” [something it refuses to do for Palestinians] in order to allow the Elad settler group to build more infrastructure in the area, including a tourist zipline and a promenade meant to connect settlement enclaves in the area.

Haaretz previously explained how Jerusalem authorities have repeatedly assisted Elad in its illegal activities:

“At first the NGO simply trespassed and built illegal structures there [the “Peace Forest”]. But things changed and gradually various local and national bodies – including the Jerusalem Municipality, the Israel Land Authority, the Tourism Ministry and the JNF – began to grant Elad assistance. This assistance has included granting building permits retroactively, allocating land to the group without a proper bidding process, and generous funding to the tune of tens of millions of shekels… It has been sponsoring activities in the Peace Forest since 2005, despite the fact that it has no ownership rights there or permits from the ILA (the legal owner of the land, which was expropriated from private Palestinian owners).”

Ir Amim explains:

“The scope of settlement projects in the vicinity of Wadi Yasul – and the breadth and depth of state support awarded to Elad, including authorities’ overt efforts to retroactively legalize their own unpermitted buildings – illuminate the stark discrimination in planning that empowers the expansion of radical settlement inside Palestinian neighborhoods while putting their native residents at risk of displacement.”

In a 2019 report on Wadi Yasul, B’Tselem told the story of what’s transpiring there:

“The residents of Wadi Yasul built [their homes] adjacent to a forest, also located on privately owned land that was expropriated from its Palestinian owners in 1970. In 1977, the Jerusalem Municipality zoned the forest and the area where Wadi Yasul was later established as a green space, where construction is prohibited.

“In 2004, the neighborhood’s residents submitted a detailed plan to the District Planning and Building Committee for retroactive authorization of their homes. The committee rejected the plan in 2008, citing incompatibility with the Jerusalem 2000 Outline Plan, which states that the area where the neighborhood was built must remain a green space.

“At the same time, the municipality and the JNF (Jewish National Fund) – the body in charge of managing the forest – gave their approval to settler organization El-Ad to move forward with plans for group campgrounds, including building the longest recreational zipline in Israel. Some of the facilities have already been built in the forest, without building permits. While the city did issue demolition orders against them, it has refrained from following through.

“In contrast, over the last decade, the city has filed indictments with the Court of Local Affairs against all Wadi Yasul homeowners. The court then issued demolition orders for all of the homes and imposed heavy fines, fining each family tens of thousands of shekels. Three of the families appealed these decisions with the District Court. The appeals were dismissed in April on the grounds that “there are no clear and near planning prospects” for the approval of a plan that would see the appellants’ homes, or other homes in the neighborhood, approved. An appeal the families filed with the Supreme Court was also rejected. In late April, 47 other families filed a motion with the District Court seeking an interim injunction staying execution of the demolition orders. The court’s decision is still pending. Consequently, all of the homes in the neighborhood are still under immediate threat of demolition.

“Ever since 1967, planning policy in Jerusalem has been geared toward establishing and maintaining a Jewish demographic majority in the city. Under this policy, it is nearly impossible to obtain a building permit in Palestinian neighborhoods. The outline plans the city has prepared for these neighborhoods are largely aimed at restricting and limiting building opportunities in Palestinian neighborhoods. One way the plans do so is by designating vast areas as open green spaces, thereby barring Palestinians from building there. The resulting housing shortage forces Palestinian residents to build without permits.”

“Day of Destruction” – Israel Demolitions in East Jerusalem & West Bank

On November 23rd, Israeli forces carried out a demolition campaign targeting Palestinian homes in East Jerusalem and the West Bank, under the pretense that these homes lack Israeli-required Israeli-issued building permits (permits Israel systematically refuses to issue to Palestinians in East Jerusalem and in Area C). As a result of these demolitions, 22 people, including 15 children, were rendered homeless in a single day.

The demolitions included:

3 homes in the Wadi al-Hummus neighborhood of East Jerusalem. One of the buildings was a multi-unit apartment buildings;
1 home and a burial building (perhaps a funeral home) in villages in the South Hebron Hills;
1 tent and 3 livestock structures belonging to bedouin families living east of Ramallah;
An agricultural road near Nablus. The road was used by the residents of ‘Asirah al-Shamaliyah to reach their farmland and also connects the town to Nablus.

B’Tselem writes:

“The wave of demolitions expresses the perception of the Israeli regime, which holds that land is a resource intended primarily to serve the Jewish population. This regime uses a variety of administrative, planning and bureaucratic tools to implement this concept. Governments come and go, but the apartheid regime remains untouched.”

Government Contradictions Delay Final Decision on Jerusalem Cable Car Project

On November 28th, the Israeli High Court of Justice held what was scheduled to be the final hearing to determine the fate of the Jerusalem cable car project — a project which has been promoted by the government and the Elad settler organization until this point. But instead of reaching a decision, the Court ended up giving the Israeli government a 21-day extension, by the end of which the government must explain its position on the project.

The proximate cause of the Court’s action was Israeli Minister of Transportation Merav Michaeli’s (Labor) statement, delivered two days before the Court hearing, saying that “the cable car has no significant transportation role, and the harm will exceed the benefits.” That statement contradicts and completely undermines the rationale for the project that the government has put forward until this point — i.e., that the cable car will provide a legitimate transportation benefit. Given Michaeli’s statement, the Court issued its order for the State to clarify where it stands.

Commenting on the Court’s action, the Israeli NGO Emek Shaveh – which specializes in archaeology – said:

“We are pleased that after three years, the transport minister has said what we have been saying all along: that the Jerusalem cable car project is not a transportation project and is not an answer to the traffic issues near the Old City. We believe that its value for tourism has also been greatly misrepresented and although the plan is being advanced by the Jerusalem Development Authority and the Tourism Ministry it will primarily benefit a powerful interest group (the Elad Foundation) by transporting thousands of tourists to its hub at the City of David to the detriment of the historic city and its residents. We hope that the judges will rule that the approval process for the cable car plan severely undermined principles of good governance and on those grounds decide to put a stop to the plan.”

As a reminder, the Jerusalem cable car project is an initiative backed by the powerful, state-backed Elad settler group and advanced by the Israeli Tourism Ministry. The State of Israel – which has pushed the project forward in the midst of the COVID-19 pandemic and despite commitments by the government to focus on public health matters only – was previously forced to publicly admit that the implementation of the cable car project will require the confiscation of privately owned Palestinian land in the Silwan neighborhood of East Jerusalem.

While public efforts to “sell” the cable car plan have focused on its purported role in helping to grow Jerusalem’s tourism industry or in serving supposedly vital transportation needs, in reality the purpose of the project is to further entrench settler control in Silwan, via archeology and tourism sites, while simultaneously delegitimizing, dispossessing, and erasing the Palestinian presence there. Notably, the cable car line is slated to terminate at the settler-run Kedem Center compound (Elad’s large tourism center, currently under construction at the entrance of the Silwan neighborhood, in the shadows of the Old City’s walls and Al-Aqsa Mosque).

Emek Shaveh and other non-governmental organizations, including Who Profits and Terrestrial Jerusalem, have repeatedly challenged (and provided evidence discrediting) the government’s contention that the cable car will serve a legitimate transportation need in Jerusalem, and have clearly enumerated the obvious political drivers behind the plan, the archeological heresies it validates, and the severe negative impacts the cable car project will have on Palestinian residents of Silwan.

Knesset Holds Hearing on Settler Terrorism

On November 22nd a group of Knesset members – all hailing from political parties considered to be part of the Israeli Left – convened a hearing on settler violence against Palestinians.

As part of the hearing, several experts were asked to testify, including Ali Awad, a journalist and anti-settlement activist in the South Hebron Hills. Awad testified regarding his experience growing up in Tuba (read about that here), saying:

“I grew up in Tuba in the South Hebron Hills, under the threat of settlers my whole life. The military and settlers are working to steal our resources, rob us of our freedom, and take our land. There is full cooperation between the settlers and the army” [paraphrased by Breaking the Silence]

Peace Now Executive Director Shaqued Morag also testified, and emphasized that unauthorized outposts radiate settler terrorism and violence, serving as a tool for settlers (and the state) to take over more and more land.

A group of retired Israeli commanders – called Commanders for Israeli Security – delivered a written testimony for the hearing, writing:

“Groups of settlers have been perpetrating deadly acts of violence against Palestinians — for the most part helpless villagers — in areas under our control…This is completely unacceptable from an ethical and humanitarian perspective, and it stands in contradiction to Israel’s Jewish values.”

The hearing was not without controversy, as it was held the one day after a Palestinian killed one Jewish Israeli and injured four others in a shooting attack in the Old City of Jerusalem. Right-wing members of the Knesset, including Kahanist MK Ben Gvir, asked for the hearing on settler violence to be cancelled altogether. When it was allowed to proceed, Ben Gvir used the podium to shout his criticism of the Knesset members who organized the hearing, eventually resulting in his removal from the hearing room.

Decrying the lack of participation of many MKs, Meretz Party Chairman Nitzan Horowitz said:

“Their silence and lack of interest is tantamount to the endorsement and encouragement of continued violence.”

Horowitz also said:

“Some people in the Knesset minimize its existence or even deny it entirely. I invite them to visit the area, to meet with the victims of this violence, and to see the photos and video clips they produce.’’

Bonus Reads

“Highway of hope and heartbreak” (Washington Post)
“The Gaza Bantustan – Israeli Apartheid in the Gaza Strip” (Al-Mezan Center for Human Rights)
“‘Hate crime’ attacks by Israeli settlers on Palestinians spike in the West Bank” (Washington Post)
“Democratic Lawmakers Warn Against ‘Doomsday’ Israeli Settlement Plan” (Haaretz)
“‘The occupation is trying to uproot us. Art can bring us back’” (+972 Magazine)
“Israelis attacked, car set on fire after entering Ramallah” (i24 News)
“The Long Reach of Restraint: For Israel’s Supreme Court, to exercise power might be to lose it.” (Jewish Currents // Elisheva Goldberg)

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

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

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:

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.
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.”
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.”
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:

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;
The plan’s urban renewal project that outlines a potential for 30,000 more housing units, designated exclusively for Jewish Israeli neighborhoods; and
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

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

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

To subscribe to this report, please click here.

November 12, 2021

Settlers Secure Deal for Eventual Eviction of Another Sheikh Jarrah Family
Increasing Pressure on the Government, Settlers to Operationalize Plan to Increase Control Over Area C
JNF Stops Funding 18-Year Legal Battle Over Beit Bakri in Hebron
Demolitions in East Jerusalem Continue, Including in Al-Walaja
Settler Violence & Expansionism Continue to Escalate in the South Hebron Hills
Bennett Pledges Evyatar Outpost will be Legalized, Sparking Palestinian Ire & More Coalition Threats
Government Punts on Outpost Legalization Bill, Knesset Might Move Forward Anyway
Bonus Reads

Settlers Secure Deal for Eventual Eviction of Another Sheikh Jarrah Family

Israel Hayom reports that a Palestinian family in the Sheikh Jarrah neighborhood has reached a Court-approved “deal” with settlers to recognize settler ownership of their home (where they have lived since 1956), in exchange for being allowed to stay as paying tenants for a period of at least ten years. The “deal” follows the broad outline of a Court-authored compromise that was rejected last week by four other Palestinian families (the cases are separate, but not unrelated).

Israel Hayom additionally speculates:

“The compromise, which was given the force of a legal ruling in the Jerusalem Magistrates Court a few days ago, could serve as a precedent for other local Arab families and is seen as a blow to the Palestinian Authority and Hamas, which are both pressuring Arab residents of Sheikh Jarrah-Shimon HaTzadik to refuse any proposed deals to vacate the properties.”

Increasing Pressure on the Government, Settlers to Operationalize Plan to Increase Control Over Area C

In a closed meeting on November 10th, the heads of settler regional councils met to discuss their ongoing effort to get the Israeli government to annex Area C of the West Bank. According to Arutz Sheva (the settler media outlet), the meeting resulted in significant decisions that create a more unified settler operation on the matter, including the formation of a “joint command center” through which all of the councils will act together, and a commitment by all the regional leaders to form a unified front to pressure the government.

Following the meeting, the participants released a statement saying:

“This struggle is over whether we continue to exist or to fold. This is an existential battle involving the entire Nation of Israel. We are all committed towards working together in order to stop the hostile takeover of our lands and in order to preserve the future of Jewish life in Judea and Samaria.”

An op-ed published in Israel Hayom on November 11th – entitled “In Area C, the time has come to get off the fence” – seemingly making the case for such an effort, the settlement activist Sara Haetzni-Cohen writes:

“Efrat’s dedicated residents have established their own war room. They track every brick and every bit of cement that is spilled and report it to the authorities. They know every demolition order that is issued but not enforced, and they do not give up. But the state quite simply does not exist. The Civil Administration is failing at its task and by choice…We’ve reached a stage where there is no state on which to rely on major issues. Real leadership from leaders who will get off the fence is needed. Local leadership in Judea and Samaria, whether elected or civilian organizations, must get off the fence and protect state lands, settlement lands, our homeland. It should be done intelligently, responsibly, and in a law-abiding manner. We should not resort to violence or vandalism against the Arab population, but rather go about this in a positive way, by planting trees and working the land, by showing our presence on the ground. If we will not be for ourselves, who will be for us? There simply isn’t any choice. We must get off the psychological and physical fence and defend our land.”

As a reminder, under the Oslo Accords, the West Bank was divided into 3 “areas” – Area A, B, and C – pending a permanent status Israeli-Palestinian agreement that would determine final control over all the land (an agreement that was supposed to have been reached by by May 1999). The Oslo Accords gave Israel complete control over Area C, which accounts for around 60% of the West Bank. Throughout the 28 years since the Oslo Accords were signed (and with no peace agreement achieved or in sight), Israel has systematically denied Palestinians in Area C permits that would enable them to build “legally” (under Israeli law) on their own land. As a result, Palestinians have been forced to build without Israeli permits (i.e., “illegally” in the eyes of Israeli authorities), and Israel has responded by issuing wide-scale demolition orders and carrying out frequent demolitions. In recent years, Israel has increasingly treated Area C as indistinguishable from sovereign Israeli territory, effectively extending its laws and regulations to the area and its Israeli settler inhabitants. In parallel, settler groups – most notably the notorious “Regavim” – have lobbied Israeli authorities to crack down on “illegal” Palestinian construction, claiming that Palestinians are trying to “take over Israeli land”.

As part of these ongoing efforts — by settlers and the Israeli government — to entrench and expand Israel’s control over/de facto annexation of the entirety of Area C, in September 2020 the Israeli government allocated 20 million NIS ($6 million USD) for the newly created Settlement Affairs Ministry. That ministry was given the mission of surveying and mapping “unauthorized” (by Israel) Palestinian construction in Area C (the same construction which Israel has been aggressively demolishing). This funding further empowers a domestic Israeli body to exert extraterritorial sovereignty over Area C – in effect, treating the area as land already annexed by Israel.

The Knesset has also repeatedly hosted forums to discuss the alleged (by settlers and their allies/advocates) “Palestinian takeover of Area C” — framing predicated on the assertion that Area C belongs to Israel (an assertion that is not supported by the Oslo Accords) and must be defended against Palestinian efforts to “steal” it. Consistent with this framing, and under pressure from various outside groups, many members of the Knesset have criticized the Israeli government’s alleged failure to robustly “defend” Israel’s rights/ interests in Area C (e.g., failure to prevent/destroy “illegal” Palestinian construction, failure to block foreign government-funded humanitarian projects that support Palestinians’ presence in the area; failure to clear out Palestinians from the area, expand settlements, and consolidate state-built settlement infrastructure; etc.).

JNF Stops Funding 18-Year Legal Battle Over Beit Bakri in Hebron

The Jerusalem Post reports that the Board of the Jewish National Fund in Israel has decided to stop funding the legal costs of a group of settlers battling to win control over a contested home in Tel Rumeida, in the heart of downtown Hebron (and to that end, forging documents). Israeli Courts have ruled against the settlers’ claim to the home twice, most recently in December 2019, in a ruling which affirmed that the Palestinian Bakri family is the rightful owner (the house is known as “Beit Bakri”).

At the request of the settlers, the JNF has agreed to pay installments on a legal guarantee to Israeli courts in order to allow the settlers to avoid eviction while pursuing an appeal against the December 2019 ruling against them. Since 2019, the JNF has paid some $35,000 (110,000 NIS) towards the case.

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

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

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

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

Demolitions in East Jerusalem Continue, Including in Al-Walaja

Over the past week the Israeli government has moved forward with demolitions in Palestinian neighborhoods across East Jerusalem, including:

The demolition of three Palestinian homes in the village of Al-Walajah on November 9th. For more on Israel’s systematic campaign to demolish homes in Al-Walajah – including its refusal to approve building plans initiated by Palestinians – see FMEP’s September 9, 2021 settlement report;
Israeli authorities delivered demolition notices to 10 Palestinian families (70 individuals) living in an apartment building in the al-Tur neighborhood. The notice ordered the families to self-demolish the four-story building within one week, or have Israeli forces demolish the building, with the cost of the demolition billed to the residents. The families reportedly began removing their belongings from the building on November 5th in anticipation of demolition;
Under coercive Israeli policies, a Palestinian family opted to self-demolish an apartment building in the Beit Hanina neighborhood;
Under coercive Israeli policies, a Palestinian family opted to self-demolish its house in the Jabel al-Mukaber neighborhood.

As is always the Israeli position, the State asserts that the homes being demolished and under threat of demolition have been built by Palestinians without the required Israeli permits (often on land that even Israel recognizes they privately own). Such permits are generally all but impossible for Palestinians to obtain; in the case of al-Walajah, they are literally impossible to obtain, since the area lacks the required Israeli-approved “outline plan,” without which permits are an impossibility. Facing the reality of having Israel demolish their homes and being required to pay excessive costs and fees associated with such demolitions, Palestinians sometimes choose to self-demolish their homes.

Settler Violence & Expansionism Continues to Escalate in the South Hebron Hills

On Wednesday, November 10th a group of settlers attempting to install a campsite and graze their flocks on land near the Palestinian village of Khilet al-Daba clashed with local Palestinians, who worried that the settlers were making an attempt to take over the land – an understandable concern giving the growing phenomenal of farming outposts as a means for settlement expansion. The clashes – which took place at night after a full day of building tensions – took a violent turn when settlers set a Palestinian agricultural structure on fire. The evening ended with two Palestinians being shot by settlers with live rounds, three Palestinians wounded by settlers throwing rocks, and damage to several cars owned by Palestinians.

The land on which the settlers were grazing their flocks and attempting to install a campsite was declared to be a firing zone by the Israeli government, making it illegal for Palestinians to build there or even enter. According to Haaretz, the Israeli state has plans to evict Palestinians who live in this area (who have ostensibly lived in the area prior to it being declared by Israel to be a firing zone).

The IDF, which had been at the scene intermittently during the day, eventually sought to separate the groups by declaring the area a closed military zone. South Hebron Hills activist Basil Al-Adraa explained how this practice works to allow settlers to accomplish their goals, saying:

“The army arrived, declared it a closed military zone and kicked us out. But they didn’t kick out the settlers or take down the tent they put up today.”

The South Hebron Hills is a hotbed for settler violence, and was the scene of a settler attack – a Jewish pogrom – in September. Earlier this week, settlers from a nearby outpost – aided by the IDF – temporarily blocked Palestinian access to a playground in the village of Susiya. In addition to settler violence, the Israeli government is also acting to significantly expand settlements and retroactively legalize outposts in the South Hebron Hills.

Notably, two U.S members of Congress – Mark Pocan (D, WI-2) and Jamaal Bowman (D, NY-16) – visited the village of Susiya in the South Hebron Hills on November 10th (prior to the outbreak of violence that night). They pair met with local Paelstinian activist where they were told of the violence settlers inflict on the local population.

In an interview with Jewish Currents in October 2021, Basil Al-Adraa explained how violence and land takeovers are two sides of the same coin in the South Hebron Hills,

“Settlers have long been attacking the communities here. The [Israeli] Civil Administration gives them land stolen from the Palestinians: They declared it state land so they can take it by force, for settlers to build settlements and outposts and farms. This year, the settlers have started these new sheep farms around the West Bank, where they bring volunteers to work on these farms. But the settlers aren’t content with the tens of thousands of dunams [one dunam equals 1,000 square meters] they’ve been granted: They bring their animals to our private fields, which the state can’t take from us. They bring them to our orange trees, to drink from our water systems—like the well where we collect rainwater—and to graze on our grass. And what’s been happening recently, especially since May, is they’ve been organizing big attacks on Shabbat and holidays because settlers don’t have much work to do on those days. Dozens of settlers will come masked, with hammers, machine guns, sticks, and stones. The army escorts them two or three kilometers from their settlements to our villages. They burn houses, cut down olive trees. If the army sees some Palestinian trying to defend themselves, then they will shoot at [that Palestinian] with live stun grenades, or tear gas, or rubber bullets. They use all the force. We are under army law as Palestinians in Area C, but the settlers are under civilian law, so the soldiers in the area can’t deal with the settlers, who are under the jurisdiction of the police. But the police take three or four hours to come, only after the attacks have finished. In my community, al-Tuwani, there have been at least seven organized attacks. A lot of people look at these as [isolated] incidents, and this time, there was more media attention to the issue because there was a three-year-old child who was wounded. But it’s part of a policy, in which settlers and the Israeli army don’t want us to feel safe where we live. Like the home demolitions, the blocking of roads, the cutting water and electricity networks, it’s all leading to one goal: They want to kick us out of this land, out of Area C toward Area A [areas under Palestinian administrative and police control, like Ramallah]. But our land is here, our life is here.”

Bennett Pledges Evyatar Outpost will be Legalized, Sparking Palestinian Ire & More Coalition Threats

In a press conference on November 7th, Prime Minister Bennet affirmed his commitment to granting retroactive legalization to the unauthorized outpost of 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. Even before Bennett’s most recent statement, several members of his fragile coalition have spoken out to insist that the reestablishment of Evyatar is a redline that, if crossed, could bring down the coalition (FMEP covered a few such statements two weeks ago). In the wake of Bennett’s press conference, more continued to do so, which only adds to the growing public fracture in the coalition over outposts and settlement building more broadly.

Public Security Minister Bar Lev (Labor) pledged to block the legalization of Evyatar, said this week:

“There are enough ways to dissolve this agreement. The Evyatar community [outpost] was illegal and illegal communities should be evacuated.”

The Mayor of Beita predicts that Bennett’s pledge to legalize the outpost (coupled with the end of the olive harvest season, which consumed protestors’ time elsewhere) will spark renewed energy in Palestinian-led protests in the town of Beita. Since settlers struck a deal with the government to temporarily vacate the outpost back in July 2021, Palestinians have staged regular protests against Evyatar outpost, and against the continue denial of access to the land on which the outposts continues to exist (the area is a closed military zone, where Palestinians are denied the ability to access). The protests over the summer were particularly violent, resulting in the killing of at least five Palestinian protestors by Israeli soldiers.

An organizer of the protests, Amal Bani Shamseh, told The New Arab:

“the people in Beita can not stand the idea of a single settler moving back to Mount Sabih and are willing to intensify protests, and women are the first to affirm it.”

Government Punts on Outpost Legalization Bill, Knesset Might Move Forward Anyway

The Jerusalem Post reports that the Ministerial Committee on Legislation has decided to delay by four months its decision on whether to grant government backing to a bill that would grant retroactive authorization (i.e., legalize) nearly 70 West Bank settlement outposts that Israel has failed to find any other way to legalize (because they are built on land even Israel recognizes is privately owned by Palestinians). As a reminder, the Ministerial Committee on Legislation is composed of government Ministers, and decides whether or not the governing coalition will throw its support behind a bill in the Knesset – ensuring either its passage or defeat.

In response to this news, MK Orit Struck (Religious Zionist Party) — who is also a longtime Hebron settlement leader — said that she intends to bring the bill to the Knesset for an initial reading despite lacking government-backing. Struck believes a strong majority of Knesset Members, regardless of the government’s position, will support the bill. Members of the Knesset attempted to fast-track the passage of this same bill in May 2021, while Bennett and Lapid were in negotiations to form the current governing coalition.

The bill introduced in May 2021 included an explanatory text claiming that the proposed law is in line with a decision the Security Cabinet took in 2017, when it tasked a new committee – headed by notorious settler leader Pinchas Wallerstein – to prepare individualized plans for each outpost to gain retroactive legalization based on the passage of the Regulation Law and the recommendations in the Zandberg Report. Bills similar to this have been filed several times in the past, and the Israeli government has debated granting retroactive authorization to the outposts via a government decision – and came close to doing so in the waning days of the Trump Administration.

Bonus Reads

“Israeli Settlers Escalate Violence in West Bank” (Foreign Policy)
“Nearly 20 years on, Israeli barrier shapes Palestinian lives” (AP)
“Far-right protestors clash with cops in Jerusalem over settler teen’s death” (The Times of Israel)
“They should have been lawyers. Instead they’re at Israeli construction sites” (Basil al-Adraa in +972 Magazine)
“How the Occupation Harms Not Only the Palestinians, but the Planet Too” (Haaretz)
“Palestinians say no to work in settlements” (Al-Monitor)

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

Knesset Committee Chair Vows to Protect Homesh Outpost & Yeshiva

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

Settlers Attack Palestinians & Israel Human Rights Activists

Settlers Violently “Parade” Through West Bank Town

Israeli Government Increases Funding for Annexation/Dispossession via Archaeology Effort

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

Bonus Reads

Under Cover of Darkness & Cold, Israel Dispossessed Palestinian Family & Demolished Their Homes in Sheikh Jarrah

Israel Advances Plan for New Settlement in East Jerusalem

Settlers Continue To Press For “Legalization” of Homesh Outpost & Yeshiva

New U.S. Ambassador Will “Absolutely Not” Visit Settlements

Bonus Reads

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

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

Israel to Advance Expansion of East Jerusalem settlement of Gilo

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

IDF Evacuates Oz Zion Outpost (Again)

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

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

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

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

Further Reading

E-1 Settlement Reportedly Delayed

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

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

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

Al-Walajah Hearing Postponed but Remains Likely

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

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

IDF Evacuates Kumi Ori Outpost, Yitzhar Start Clashes

IDF Renews Standing Demolitions Orders Against Six Unauthorized Outposts

Israel Earmarks Millions for Seven New Synagogues in Settlements & Outposts

Bonus Reads

Homesh Settlement Violence Continues As Knesset Rejects Plan to Authorize Outpost

Settler/State Displacement of Palestinians in Sheikh Jarrah, Part 1: Salem Family Gets Brief Reprieve of Expulsion from Home in Sheikh Jarrah

Settler/State Displacement of Palestinians in Sheikh Jarrah, Part 2: Salhia Family Receives Eviction Order

Settler/State Displacement of Palestinians in Sheikh Jarrah, Part 3: Skafi Family Turns Down $5 million Offer from Settlers for Home

Israeli Supreme Court to Decide on (Likely Swift) Mass Demolitions in al-Walajah

Church Leaders Launch Campaign Against “Systematic Attempt” to Rid Jerusalem of Christians

Bonus Reads

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

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

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

Israel Forges Ahead with New Settlements on the Golan Heights

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

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

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

Bonus Reads

Israel Advances Plan for New East Jerusalem Settlement, “Givat HaShaked”

Israel Decides on a Last Minute (& Temporary) Delay of Atarot Settlement

Shaked Funds, Elevates Settler Municipal Council in Hebron

Demolition of Palestinian Property in Area C Hit a Five Year High in 2020

Israel Escalates Intimidation of Activists Working in the South Hebron Hills

Bonus Reads

Israel to Advance Atarot Settlement Plan

New Israeli President Kicks Off Hanukkah with Settlers in Hebron, Sparking Clashes and Raising Ire

Court OKs Demolition of Palestinian Homes in Wadi Yasul (Silwan)

“Day of Destruction” – Israel Demolitions in East Jerusalem & West Bank

Government Contradictions Delay Final Decision on Jerusalem Cable Car Project

Knesset Holds Hearing on Settler Terrorism

Bonus Reads

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

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

IDF Evacuates Two Illegal Settler Outposts in the Shiloh Valley

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

Settler Participation in Israel’s Mass Surveillance of Palestinians

Terrestrial Jerusalem Warnings & Predictions on Key East Jerusalem Settlement Crises

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

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

Bonus Reads

Settlers Secure Deal for Eventual Eviction of Another Sheikh Jarrah Family

Increasing Pressure on the Government, Settlers to Operationalize Plan to Increase Control Over Area C

JNF Stops Funding 18-Year Legal Battle Over Beit Bakri in Hebron

Demolitions in East Jerusalem Continue, Including in Al-Walaja

Settler Violence & Expansionism Continues to Escalate in the South Hebron Hills

Bennett Pledges Evyatar Outpost will be Legalized, Sparking Palestinian Ire & More Coalition Threats

Government Punts on Outpost Legalization Bill, Knesset Might Move Forward Anyway

Bonus Reads