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.
June 23, 2023
- Smotrich Receives Near Unilateral Power Over Shortened Settlement Planning Process
- Israel To Advance Plans for 4,799 New Settlement Units, Including Retroactive Authorization of an Outpost
- Netanyahu Announces 1,000 New Units for the Eli Settlement in “Response” Palestinian Attack
- Settlers Reoccupy Evyatar Outpost As Netanyahu Reportedly Decides to “Legalize” It & Ben Gvir Encourages More Illegal Settlement Activity
- With Assistance from IDF, Settlers Establish a New Outpost Near Eli
- Settler Violently Rampage Across West Bank with Little to No Repercussion
- Eviction of Palestinian Ghaith-Sub Laban Family Scheduled
- Bonus Reads
Smotrich Receives Near Unilateral Power Over Shortened Settlement Planning Process
On Sunday, June 18th the Israeli Cabinet approved a measure that immediately expands Bezalel Smotrich’s authority over construction in existing settlements by significantly shortening the planning process and removing almost any role for Israeli politicians in that process, a lever which – for decades – has been utilized by successive Israeli governments to intervene in settlement planning usually in consideration of pressure from the international diplomatic community. Under the new procedures, political approval is only needed once at the very beginning stage of the planning process, whereas for the past three decades political approval was needed at each and every phase.
In Haaretz, Israel lawyers Ronit Levine-Schnur and Michael Saliternik explain:
“The requirement of the defense minister’s approval at each stage reflected the understanding that settlement construction, which is illegal under international law, has major legal, diplomatic and security implications. This requirement enabled government officials to halt or postpone construction in the settlements based on the changing political and security situation, and sharpened the distinction between construction within the state’s sovereign borders and construction on occupied land under Israel’s temporary military control….This week’s decision…is designed to prevent or significantly reduce not only the government’s but also the public’s and international community’s oversight of settlement construction.”
Removing the role of political figures surrenders the power of settlement planning and construction to an avowed annexationist whose agenda, at least in part, is to double the number of settlers while further entrenching Israeli domestic rule over settlers and leaving Palestinians under Israeli military rule. The Israeli Cabinet decision advances both of these goals: it differentiates settlement planning from planning for Palestinians (which remains a more complicated political-bureaucratic process in which Smotrich and Defense Minister Gallant both have power); and, as Smotrich and his allies are framing it, this procedural change “normalizes” the laws governing settlers by aligning them with Israeli domestic rule. In the words of Peace Now, “From a planning perspective, there is no difference between the Tel Aviv district and the ‘Judea and Samaria’ district, except for the initial decision by Minister Smotrich.”
The change is celebrated by settler leadership. Yisrael Gantz, head of the Benjamin Regional Council, said:
“This government resolution brings the residents of Judea and Samaria to the regular situation of the entire State of Israel,” said Gantz, using the biblical name for the West Bank region. “This step will turn construction in the settlements into something that is not newsworthy but rather, routine.”
Yossi Dagan, head Head of the Samaria Regional Council, said:
“We must stop treating residents of Judea and Samaria as second-class citizens. It’s unthinkable that only residents of Judea and Samaria need approval from the political echelon in order to build a home or a kindergarten.”
It’s worth re-sharing the latest legal analysis and commentary arguing that Israel has, even without a formal declaration, annexed the West Bank via bureaucratic transformations such as this: “A Theory of Annexation” (Berda, Meggido, & Levin-Schner, January 2023 – SSSN); “Israel is Officially Annexing the West Bank” (Sfard, June 2023 – Foreign Policy); and, “Israel’s Annexation of the West Bank Has Already Begun” (Scheindlin & Berda, June 2023 – Foreign Affairs); “This Decision by Israel Is as Dramatic as Attempts at Constitutional Change” (Levine-Schnur & Saliternik, June 2023 – Haaretz)
Peace Now further comments:
“The implication of this decision is that once Minister Smotrich decides and approves the advancement of construction plans in West Bank settlements, the plans will go directly to the planning committees in the West Bank (the Higher Planning Council), and the political and military echelon will have no authority to delay or influence the planning stages or the submitted plans. This process will allow unrestricted construction in the West Bank, disregarding security and diplomatic considerations, and perpetuating de facto annexation in the West Bank.”
The Haaretz Editorial Board writes:
“The settlers’ patience has paid off. After 27 years, they have managed to bring about a change in the way the system operates. The government decided to give a messianic settler, one who favors Israeli sovereignty over the entire Land of Israel and supports Jewish supremacy, the power to speed up construction in the settlements…Smotrich and the settlers understood very well that Netanyahu’s utter dependence on the extreme right opened a historic window of opportunity for them, and they are exploiting every moment of it to take over more and more Palestinian land to build, alter the area irreversibly and entrench one large apartheid state between the Jordan River and the Mediterranean Sea. The crisis that Israel is mired in is a golden opportunity for the settlers and their destructive project.”
Israel To Advance Plans for 4,799 New Settlement Units, Including Retroactive Authorization of an Outpost
On the same day Smotrich was awarded new power to oversee settlement construction, the Israeli High Planning Council published an agenda for its June 26th meeting outlining plans for 4,799 settlement units which will be advanced, to include plans which would have the effect of retroactively legalizing the Palgei Maim outpost as a neighborhood of the Eli settlement. The June 26th meeting will be the second time the High Planning Council convenes this year, and could bring the total number of settlement units advanced in 2023 to 12,149 – – nearly three times more than in the entire 2022 year (4,427 units). Smotrich – who now has near unilateral authority over construction planning for settlements – gloated in a statement saying that 2023 has set “a record for the rate of settlement construction [planning] in the last decade” and:
“The construction boom in Judea and Samaria and in all parts of our country continues. As we promised, today we are advancing the construction of thousands more new units in Judea and Samaria… We will continue to develop the settlements and strengthen Israel’s hold on the territory.”
Peace Now said in a statement:
“The Israeli government is advancing us at an unprecedented pace towards the annexation of the West Bank. The promotion of nearly 5,000 housing units, including the authorization of a settlement in the heart of the West Bank, joins a series of destructive decisions that the government has advanced, including yesterday’s decision granting exclusive power to Minister Smotrich for promoting settlements in the occupied territories. As the world remains silent and public attention is focused on preventing the judicial coup, the government is rushing towards an annexation coup turning Israel into an apartheid state.”
Of the total number of units on the agenda, 1,434 units are set for final approval, including:
- Carmel – 42 units, expanding construction in the settlement towards the southeast. This settlement is located in the South Hebron Hills, where Palestinians are facing ongoing displacement and forcible relocation.
- Elkana – 351 housing units. Elkana is located in the northern West Bank in an area where the Israeli separation barrier cuts deeply into the land in order to keep settlements on the Israeli side of the barrier.
- Givat Ze’ev – three plans totalling 642 units. Givat Ze’ev is located north of Jerusalem.
- Revava – 399 housing units. Revava is located west of the Ariel settlement in the heart of the northern West Bank.
Of the total, 3,306 units will be approved for deposit (an earlier stages of the planning process):
- Adora – 310 housing units. If approved, this will triple the size of the Adora settlement. Adora is located west of Hebron.
- Beitar Illit – a total of 312 units in three plans. Beitar Illit is located west of Bethlehem.
- Eli – 142 units.
- Etz Efraim – 264 units in two plans. Etz Efraim is located near the Elkana settlement in the northern West Bank in an area where the Israeli separation barrier cuts deeply into the land in order to keep settlements on the Israeli side of the barrier.
- Givat Ze’ev – 228 units. Givat Ze’ev is located north of Jerusalem.
- Halamish (also called Neve Tzuf) – 330 units, which will significantly expand the Elisha “neighborhood” of the settlement, which began as an outpost that was retroactively legalized in 2015 as a neighborhood of Halamish. If approved, this will more than double the size of the Halamish settlement. Located between Ramallah and the Ariel settlement in the northern West Bank.
- Hashmonaim – 150 units. Hashmonaim is located just over the 1967 Green Line, west of the Modin Illit settlement in the northern West Bank.
- Karnei Shomron – 104 units in two plans. Karnei Shomron is located in the northern West Bank, east of the Palestinian village of Qalqilya. Israel has openly declared its intention to continue expanding settlements in this area with the stated goal of bringing 1 million settlers to live in the area.
- Ma’ale Adumim – 340 units. Located east of Jerusalem.
- Ma’ale Amos – 152 units. If approved, this will more than double the size of the Ma’ale Amos settlement, which is located between Bethlehem and Hebron.
- Metzad (Asfar) – 78 units.
- Kiryat Arba – 120 units. Located just outside of Hebron.
- Migdalim – 184 units. Located in the extreme south of the West Bank.
- Palgei Maim outpost – 347 units located within the Palgei Maim outpost. This plan will have the effect of retroactively legalizing the outpost as a neighborhood of the Eli settlement
Netanyahu Announces 1,000 New Units for the Eli Settlement in “Response” Palestinian Attack, Bringing Outpost Legalization Total to 3 This Week
In response to the murder of four Israelis by Palestinian gunmen near the settlement of Eli on June 21st, the Israeli government announced that it is advancing plans for 1,000 new settlement units in Eli, which come in addition to the 499 units expected to be advanced by the High Planning Council at its meeting next week (see the above section). The decision was made by Prime Minister Netanyahu, Defense Minister Gallant, and Finance Minister Smotrich. The trio said in a statement:
“Our response to terror is to hit it hard and build in our land.”
According to Peace Now, the plans for 1,000 units announced by Netanyahu include three discrete schemes, inlcuding two plans to grant retroactive legalization and add hundreds of units in two outposts associated with Eli – HaYovel and Nof Harim. The third plan is for a new neighborhood in the Eli settlement consisting of 650 units. Recall that that part of what the High Planning Council is expected to advance next week is a plan to retroactively legalize and expand yet another outpost of the Eli settlement, called Palgei Maim outpost, meaning that the Eli settlement could see three of its outposts legalized soon. Peace Now comments on the totality of plans to expand the Eli settlement:
“The implication of the government’s decisions in the past week is the doubling of the number of settlers residing at Eli while legalizing and expanding three outposts located at the edge of the settlement, in close proximity to the Palestinian villages of As-Sawiya (Palegi Mayim) and Karyut (Jubal).”
National Missions Orit Strock (Religious Zionism party) celebrated the announcement, saying:
“1,000 more Jewish families in the place where Jewish lives were cut short. Every terrorist must know that this was the Zionist price tag for murdering Jews. In the place from where they try to uproot us – there we will deepen our roots. Not instead of eliminating the terrorists, not instead of the checkpoints, and not instead of drying up the terror swamp. But absolutely, as a necessary and clear Zionist step.’’
Settlers Reoccupy Evyatar Outpost As Netanyahu Reportedly Decides to “Legalize” It & Ben Gvir Encourages More Illegal Settlement Activity
Hundreds of settlers moved into the illegal Evyatar outpost on June 21st in an effort to permanently reoccupy the outpost. The massive action only escalates the demand that the government expedite the implementation of its decision (as agreed to in its coalition deals) to grant retroactive authorization to the outpost, and is now framing that demand as part of the government’s response to the murder of four Israelis by Palestinian gunmen near the Eli settlement. According to Peace Now, Israeli press reports suggest that on June 21st Prime Minister Netanyahu made a final decision to grant retroactive authorization to the outpost.
The area of the Evyatar outpost – located east of the Ariel settlement, closer to the Jordan Valley than to sovereign Israeli territory – remains a closed military zone, where Israelis and Palestinians are barred from entering. Nonetheless, the IDF appears to have deliberately decided to allow the settlers to enter the outpost area, and are now providing security for the settlers entering and leaving the area. All of this suggests that the settlers will not be removed from the site.
National Security Minister Itamar Ben Gvir traveled to the Evyatar outpost on June 23rd, congratulating the settlers and encouraging them to continue to establish new outposts and urging more violent action against Palestinians. Ben Gvir said:
“Run to the hilltops. Here, there should be a full settlement, not only here, but in all the hills around us. We should settle the Land of Israel, and at the same time, launch a military operation, take down buildings and eliminate terrorists. Not just one or two, but dozens and hundreds and if needed, thousands.”
MK Zvi Sukkot participated in the demonstration on June 21st, saying:
“We’ve returned home to Evyatar…Terrorists should know that any attack will only deepen the Jewish hold on the territory. Two years after being evacuated, the time has come for us to return forever.”
As a reminder, Evyatar is an illegal outpost (established by settlers in violation of Israeli law, in addition to international law) built on a hilltop that Palestinians have long known as Mt. Sabih, land which has historically belonged to the nearby Palestinian villages of Beita, Yatma, and Qablan. The outpost was evacuated by the Israeli government in 2021 in the context of an agreement with settlers that left all construction at the site in place, maintained an IDF presence at the site, and made clear the government’s intent to legalize settlement at the site in the future. Since then, re-establishment/legalization of Evyatar has been a regular demand of settlers and their political backers, and was agreed to in writing as part of the coalition agreements that formed the current Israeli government.
In April 2023, settlers staged another march to demand Evyatar be reestablished, with march organizers hosting a carnival-like rally at the Evyatar site. Importantly and perhaps tellingly, Haaretz reports that the April march was the first time settlers have received approval to enter the Evyatar outpost since the aforementioned 2021 agreement.
For full background on the Evyatar outpost saga, see previous FMEP reporting here.
With Assistance from IDF, Settlers Establish a New Outpost Near Eli
On evening of June 21st, a group of settlers moved five mobile homes to land near the Eli settlement but belonging to the Palestinian villages of Sinjil and Lubban ash-Sharqiya (a village settlers violently attacked the night before) in order to establish a new outpost, which they are calling “HaMor”. The Wafa news outlet reports that the IDF assisted the settlers efforts by leveling the ground with a tractor prior to their arrival with the mobile homes.
Peace Now has published pictures of this new outpost and reported:
“It appears that the outpost was established deliberately in a predetermined location, receiving support and funding from institutional sources, enabling the transportation of relatively spacious caravans, heavy equipment, and the commencement of infrastructure work.”
Peace Now further comments:
“Netanyahu’s government’s complicity in allowing and supporting settler outposts fuels an already volatile situation in the occupied Palestinian territories, intensifying violence against innocent Palestinians by extremist settlers. This flagrant disregard for justice and human rights undermines the prospects for a political resolution. The international community must vehemently condemn these actions and hold Israel accountable for its role. Moreover, the alarming rise in settler violence further exacerbates the situation. Urgent measures are imperative to prevent and punish such acts, fostering a culture of accountability and ensuring the safety and well-being of Palestinians. While the world remains silent and Israeli public attention is focused on preventing a judicial coup, the government is hastily moving towards an annexation coup, which will ultimately transform Israel into an apartheid state.”
Settler Violently Rampage Across West Bank with Little to No Repercussion
On June 20th hundreds of settlers descended on the Palestinian village of Turmus Ayya in the northern West Bank where they attacked Palestinians and their property – injuring 11 and setting fires across the town that damaged 30 houses and 60 vehicles. When the IDF came to help the settlers leave the village after residents confronted them, IDF soldiers shot indiscriminately at Palestinians resulting in one death and several serious injuries.
Another group of settlers attacked Huwara, the village where settlers committed a pogrom earlier this year. Still another group of settlers attacked the village of Al Luban Al Sharqiya located near the Eli settlement. There, settlers attacked a 12-year old boy riding his bike, leaving him seriously injured.
The Times of Israel reports that four Israelis have been arrested in connection to these attacks. B’Tselem spokesperson Roy Yellin commented that, “We didn’t expect much…The rule is impunity from justice.” Yesh Din Executive Director Ziv Stahl called the arrests a “drop in the bucket” and told AP:
“(The army) had four months after (the attack in) Hawara to study how to deal with this and stop it,” she said. “But everything happened in broad daylight. They didn’t detain anyone on the scene. They allowed the settlers to do whatever they felt like doing.”
B’Tselem said in a statement:
“Responsibility for deadly West Bank pogrom wave lies with Israel, which arms settler gangs and encourages them to attack Palestinians. Right after the deadly shooting near the settlement of Eli yesterday afternoon, settlers backed by the state began rioting across the West Bank, attacking Palestinians and their property.The rioting continues today, with one Palestinian reported killed and three others wounded by live fire in the village of Turmusaya. These events are not a single, isolated failure of the military or state, but a clear expression of Israel’s policy in the OpT. As part of this policy, Israel arms gangs of settlers and allows and even encourages them to attack Palestinians.”
Eviction of Palestinian Ghaith-Sub Laban Family Scheduled
Living under imminent risk of dispossession since June 11th, this week the Ghaith-Sub Laban family received an order from the Israeli Enforcement and Collection Authority stating that the couple will be evicted anytime between June 28th and July 13th. Ir Amim reports that Israeli authorities oftentimes state a window for carrying out forced evictions in order to “maintain an element of surprise to reduce anticipated resistance and ensure the eviction is carried out without disruption.” Ir Amim reports that the family – consisting of an elderly couple, Nora Ghaith and Mustafa Sub Laban – are presently living under extreme conditions, writing:
“Over the course of the past few weeks, the Ghaith-Sub Laban family has been subject to ongoing harassment by the police, private security guards, and settlers in the area. On numerous occasions, Israeli security forces arrived to their home demanding information and IDs of those present in the apartment, including activists, journalists, and diplomats. Beyond the looming threat of displacement, the continued uncertainty has added to their severe psychological distress.”
The Ghaith-Sub Laban family has spent more than 45 years in a legal battle against settlers (and the State) over their home in the Muslim Quarter of the Old City of Jerusalem. Nora recently told Haaretz columnist Gideon Levy when asked if she has ever considered giving up her struggle:
“I will answer with a question. If you had been born in this house, and all your brothers and sisters had been born here, grown up in it, married in it, if your mother and father had died in it, your brother had been exiled from it – would you surrender and forsake it? I want an answer. Every minute that I remain in this house is another minute of protecting my childhood memories. Every minute is to feel embraced by family members who are no longer with us. I am never alone in this house, even when I am by myself – all my family and all my memories are always with me in this house. If they come to evict us, I will not open the door. But if I feel danger to myself and to my husband, I will surrender and forsake it in order to safeguard my family. If I am evicted, I will give the house to God. This house will remain a prison until it is liberated. I will return. And if not me, then my children. One day the occupation will end, and we will return.”
This family’s story is not unique, and the broader, systemic processes behind the forcible dispossession of Palestinians in Jerusalem is also discussed. In March 2023, FMEP hosted Rafat Sub Laban and Ir Amim’s Amy Cohen on a podcast – “‘We Are Determined to Stay”: One Palestinian Family’s Story of Dispossession in Jerusalem” – to discuss the Sub Laban case and how it relates to broader State-back settler efforts to dispossess Palestinians across Jerusalem.
A large consortium of Palestinian civil society groups released a joint statement on the Sub Laban family dispossession, which reads:
“Alarmed by the imminent forcible transfer of the Ghaith-Sub Laban family from their house in the Old City of Jerusalem, which is slated to occur sometime between 28 June and 13 July 2023, the Palestinian NGOs Network (PNGO) and the Palestinian Human Rights Organisations Council (PHROC) vociferously assert that such manifestation of the ongoing Palestinian Nakba is a result of the international community’s deliberate failure and unwillingness to take effective and meaningful measures to end Israel’s illegal occupation, and settler-colonial apartheid regime…….For over 45 years, the Ghaith-Sub Laban family has endured a lengthy, exhausting, and unaffordable legal struggle, actively resisting recurring lawsuits, harassment, and efforts by Israel and settler organisations to forcibly displace them and seize their home for the purpose of expanding settlements in the eastern part of occupied Jerusalem…Indeed, the Ghaith-Sub Laban’s case is not an isolated incident but rather emblematic of a larger widespread and systematic attack against the Palestinian civilian population. The Israeli occupying authorities – mobilising its discriminatory judicial system – have consistently employed similar methods and policies to forcibly transfer dozens of Palestinian families from the Old City, Silwan, Sheikh Jarrah and other neighbourhoods of the eastern part of occupied Jerusalem.”
Bonus Reads
- “As Israel seeks West Bank expansion, a controversial outpost is revived” (Washington Post)
- “In the West Bank, UNESCO site Battir could face a water shortage from a planned Israeli settlement” (AP)
- “We’ve Found Something Settlers and Palestinians Agree On: How Ugly This Construction Is” (Haaretz)
- “Israel’s annexation drive is behind escalations in the West Bank” (The New Arab)
- “Jerusalem Permits Building U.S. Embassy on Disputed Site as Washington Mulls Location” (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.
June 16, 2023
- E-1 Hearing Canceled, Israel Announces Plan for 4,570 of New Settlement Units
- Ir Amim Warns Plans for 7,000+ East Jerusalem Settlement Are on the Agenda
- Homesh Outpost Connected to State Water Grid
- Settlers Press for Jordan Valley Annexation
- Israel Begins Work on New Industrial Zone Near Ramallah
- Ghaith Sub Laban Family Under Eviction Order
- New Report Shows Nearly Half of West Bank Land Taken By Israel “For Public Purposes” Has Gone for Exclusive Use of Settlers
- Adalah Spells Out What Annexation Looks Like, Calls for Urgent Intervention
- Bonus Reads
E-1 Hearing Canceled, Israel Announces Plan for 4,500 of New Settlement Units
Haaretz reports that Prime Minister Netanyahu intervened to postpone a decisive hearing on plans to build the E-1 settlement that was set to take place on June 12th, with no new date set. The delay followed the typical international opposition to the E-1 settlement, which for decades has been viewed as a “dooms-day” settlement and treated a red line for countries pushing diplomatic efforts towards a two state solution. E-1 is also vehemently opposed by Palestinians and human rights activists because of the impact it will have on thousands of bedouin who live in the area slated for the settlements’ construction, just east of Jerusalem.
Daniel Seidemann – founder of Terrestrial Jerusalem and an expert on all things Jerusalem – commented on the cancellation of the E-1 hearing:
“This not at all trivial. But there is an iron-clad rule. Any time that Netanyahu does anything that can be seen as conciliatory, he compensates by doing other outrages, especially in Jerusalem, sometimes the West Bank.”
True to the format, some three days later, on June 12th, news broke that the Israeli government plans to advance 4,570 new settlement units at an upcoming meeting of the Civil Administration’s High Planning Council, set to convene near the end of June.
Preliminary reports on what will be on the agenda indicates that 1,000 units will be up for final approval, including:
- 500 units in Givat Ze’ev
- 300+ units in Elkana
- 300+ units in Revava
Settlements plan which might be advanced through earlier stages of the planning process include:
- Givat Ze’ev (in addition to the 500 units up for final approval)
- Ma’ale Adumim
- Kiryat Arba
- Beitar Illit
- And a dozen more.
This will be the second time the High Planning Council meets this year, and will come some four months after Israel signed the Aqaba Agreement – in which Israel agreed to a four month freeze. Of course, there has been no such freeze in settlement planning, construction, and other annexation activities across the West Bank (as this weekly report has chronicled – all accomplished without convening the High Planning Council. As a reminder, in its first meeting in February 2023, the High Planning Council advanced the largest slate of settlement plans – 7,287 units – in the past decade, including granting retroactive legalization to ten outposts.
Ir Amim Warns Plans for 7,000+ East Jerusalem Settlement Are on the Agenda
Ir Amim warns that – in addition to the actions that the High Planning Council might take in the West Bank – various other domestic Israeli authorities are poised to advance plans for over 7,000 new settlement units across East Jerusalem.
East Jerusalem settlement plans that are on the agenda of planning authorities include:
- Givat Hamatos A (“Tzmerot” Plan) – scheduled for June 12th, but no updates are available at the time of publication. This plan aims to massively expand the current construction outline for the Givat Hamatos settlement in East Jerusalem by adding an additional 1,200 units to the existing plan, bringing the total number of settlement units to be built in Givat Hamatos to 3,810 (assuming, conservatively, an average family size of 5, this means housing for an additional nearly 20,000 Israelis).
- Givat Hamatos / New Talpiyot Hill – scheduled to be discussed by the Jerusalem Local Planning Committee on June 28th. This plan will expand the area of the Givat Hamatos settlement in East Jerusalem by 40%, more than doubling the number of housing units slated to be built there. It involves the construction of 3500 units and 1300 hotel rooms, to be built on a strategic strip of land that will expand the area of Givat Hamatos eastward, connecting it with another new settlement plan – the “Lower Aqueduct Plan.”
- Kidmat Zion – scheduled to be discussed by the Jerusalem Local Planning Council on July 12th. Kidmat Zion will be located between the Ras al-Amud neighborhood and the Israeli separation barrier, with the Abu Dis neighborhood on the other side of the wall. The settlement enclave will be accessible only by driving through densely populated areas of Ras Al-Amud; and,
- Ramot A and B -scheduled for discussion and approval for deposit for objections on June 26. These two plans, outlining a total of 1,918 units, for deposit for public review. Both plans will expand the existing settlement of Ramot northeastward towards the Palestinian town of Bir Nabala. See more details from Ir Amim here.
There are several additional plans for East Jerusalem settlements that, though unscheduled at the moment, are also important to watch: Givat HaShaked, Lower Aqueduct Plan, Nof Zahav, and the Wadi Joz (“Silicon Wadi”) project.
Ir Amim writes:
“Although the E1 plans were again halted due reportedly to international pressure, a spate of other detrimental settlement plans are moving forward at full force in East Jerusalem which require immediate attention.
Against the backdrop of the 56th year anniversary of the Israeli occupation and illegal annexation of East Jerusalem, it is clear that such developments only continue to cement a one-state reality of permanent occupation and systematic oppression whereby one group is afforded full human and civil rights and the other is deprived of those rights.
In Jerusalem, one of the most severe expressions of this reality is the Israeli urban planning policy which aims to engineer Jewish demographic dominance, while pushing significant parts of the Palestinian population out of the city. In contrast to the thousands of housing units advanced annually for Israeli settlements in East Jerusalem, residential development in Palestinian areas is systematically suppressed and neglected, which undermines Palestinian rights to housing and serves as a lever of displacement.
In the absence of equitable urban planning and housing solutions, Palestinians are either forced out of Jerusalem or compelled to construct homes without building permits, which subjects them to the threat of demolition. Between January 1-June 15, 2023, there have been 68 home demolitions across East Jerusalem under the pretext of lacking building permits. This marks a significant rise from 2022 for the same period.”
Homesh Outpost Connected to State Water Grid As Settlers Move In
Weeks after being moved some one hundred yards from its original location – – to a small island of land Israel believes to be “state land” amidst privately owned Palestinian land – – Homesh settlers have swiftly worked to build a more “permanent” yeshiva, which is already hosting 40-50 religious students. The illegal Homesh yeshiva is now connected to the Israel water system – becoming what Haaretz called an “irreversible reality.” Settlers are now agitating for the state to pave access roads, which will necessarily require the expropriation of private Palestinian land.
Settlers have carried out their work to build a new Homesh yeshiva with the unofficial permission of the Israeli government (and an obedient IDF) even though their construction is illegal. Over the past few months, the Israeli government has taken several radical steps towards establishing a new settlement in the area of the former Homesh settlement – including the repeal of relevant clauses in the Disengagement Law and the issuance of a military order to allow an Israeli civilian presence in the area. Haaretz further revealed that a state-funded organization – B’nai Horin-Neriya – has acted as a conduit to obscure the investment of state funds into the Homesh outpost. The organization has paid salaries of two Homesh yeshiva teachers since at least 2020.
Homesh was built on lands historically belonging to the Palestinian village of Burqa. The land was never returned to its Palestinian owners even after the settlement was dismantled in 2005.
In a new website promoting a campaign to stop the establishment of Homesh, Yesh Din – an Israeli NGO which has assisted Palestinians’ legal efforts to regain access to their land – writes:
“For 45 years Israel has denied residents of the Palestinian village Burqa in the West Bank access to their privately-owned land where the Israeli settlement Homesh once stood. The private Palestinian lands were expropriated in 1978 through a military seizure order for ‘security’ needs and two years later the settlement of Homesh was erected there. For 25 years, several dozen Israeli families lived in the settlement until Israel evacuated Homesh in 2005 as part of the disengagement plan. Almost continuously since the evacuation, an illegal Israeli outpost has been present in this area. For over a decade, Yesh Din has been assisting the residents of Burqa in their persistent legal battle aimed at evacuating the outpost that was established on their lands and allowing them free and safe access to them.”
Settlers are celebrating their triumph at Homesh, and have continued to openly discuss their goals of reestablishing the three other settlements dismantled by the Israeli government as a result of the 2005 Disengagement Law.
Shmuel Wende, executive director of the Homesh Yeshivah for the past three-and-a-half year, told JNS:
“We moved into our new permanent structure but had to do so in the middle of the night so as not to make a fuss. We are calling on the government to make this area 100% official, to pave roads, and go back to the way it was before the expulsion [disengagement].”
On the B’nai Horin-Neriya website – the state-funded organization which pays Homesh salaries and raises money to support constructions there – boasts:
“It’s not often in history that we get to see history taking shape in front of our eyes… this is one of the greatest events of the settlement enterprise to have taken place! The State of Israel is returning to northern Samaria!”
Settlers Press for the Annexation of the Jordan Valley
With a mounting number of victories, parts of the settler lobby are once again centering a longtime demand to annex the Jordan Valley. Justice Minister Levin and several other ministers offered supportive speeches and videos at a recent youth conference hosted by the “Sovereignty Movement”.
The Sovereignty Movement’s co-chair, Yehudit Katsover, said at the conference:
“We are beginning with the Jordan Valley. This is the eastern wall of the State of Israel and it must be strong. There is a broad consensus regarding the Jordan Valley. It is not an issue of Right and Left, It is clear to everyone that we must be here. Gantz also spoke about it at the time, the Prime Minister spoke about it, and opposition Knesset members proposed legislation on this issue. The Jordan Valley will be, with God’s help, under Israeli sovereignty, it’s only a matter of time. Of course, we are not relinquishing Judea and Samaria, but we are taking one step forward because the chance is greater in the Jordan Valley.”
Justice Minister Yariv Levin (Likud) said in a video sent to the conference:
“The Land of Israel, did, does, and will always belong to the people of Israel, as its name indicates. I am convinced that the joint effort that we have been exerting over the years to promote and strengthen our hold in the country and responsibly facilitate the application of Israeli law throughout the Land of Israel will ultimately produce results.”
Settlement and National Missions Minister, Orit Struk (Religious Zionism) said:
“The Jordan Valley is the most important place for the application of Sovereignty because it is, in fact, the place that secures our current eastern border. Therefore, your gathering here today and your continued activity are crucial. It is important that you know that our government established the issue of sovereignty as part of its agenda. It is found in the guidelines of the government and it is found in its political program as an objective when it will become politically possible. There is an excellent chance that we are on the way to achieving that objective.”
Annexation of the Jordan Valley has, in the past, garnered serious effort from the Israeli government. During his 2019 campaign, Netanyahu announced that he would immediately annex the Jordan Valley if reelected, and presented an error-ridden map explaining how he would annex the area without annexing a single Palestinian. His plan called for the annexation of an area which constitutes nearly a quarter of the area of the West Bank (22.3%) where (at the time) 30 settlements and 18 outposts had been established. Peace Now estimated 20% of the targeted land (62,000 acres) is privately owned by Palestinians – a fact that Netanyahu did not even mention, much less explain how he would address. After being elected, Netanyahu faced international opposition to the plan, and in order to quiet the criticism while saving face with his base – Netanyahu formed an inter-ministerial task force dubbed the “Sovereignty Committee” to design a plan for the annexation of the Jordan Valley.
Israel Begins Work on New Industrial Zone Near Ramallah
Kerem Navot shares photographs of bulldozers appearing to begin clearing land just west of Ramallah, a site where Israel intends to build a new industrial zone. The new industrial zone was fully approved in 2016, and will be constructed along the “Apartheid Road” route. In addition to a commercial area, the development will include public buildings, stores, roads, a parking lot and open space.
Ghaith Sub Laban Family Under Eviction Order
On Sunday June 11th an eviction order came into effect allowing for the removal, at any moment, of the Ghaith Sub Laban family from their longtime home in the Old City of Jerusalem. The forcible removal of the couple was not carried out as of publication, and it is reported that the settlers behind the eviction have requested a flexible timeline for carrying out the eviction – normally two weeks. Meaning the Ghait h Sub Laban family is living under constant insecurity.
Since then, their streets outside of their home have been a near constant scene of protest and solidarity, with activists organizing to stop any attempts to forcibly remove the couple from their home.
The Ghaith-Sub Laban family has spent the past 40-years in a legal battle against settlers (and the State) over their home in the Muslim Quarter of the Old City of Jerusalem. This family’s story is not unique, and the broader, systemic processes behind the forcible dispossession of Palestinians in Jerusalem is also discussed. In March 2023, FMEP hosted Rafat Sub Laban and Ir Amim’s Amy Cohen on a podcast – “‘We Are Determined to Stay”: One Palestinian Family’s Story of Dispossession in Jerusalem” – to discuss the Sub Laban case and how it relates to broader State-back settler efforts to dispossess Palestinians across Jerusalem.
Ir Amim explains:
“The family of veteran Ir Amim staff member, Ahmad Sub Laban, has been embroiled in a 45-year legal battle against persistent attempts by the state and settler groups to displace them and takeover their home for Jewish settlement. The family rented the house in 1953 from the Hashemite Kingdom of Jordan and as such was afforded protected tenancy rights. After 45 years of recurring lawsuits and harassment by the Israeli authorities and settler organizations, the Supreme Court recently ruled to terminate the family’s protected tenancy status and evict them from their home.”
For a comprehensive overview of the Sub Laban family’s legal battle, as well as other East Jerusalem eviction cases, please see Ir Amim’s report.
New Report Shows Nearly Half of West Bank Land Taken By Israel “For Public Purposes” Has Gone for Exclusive Use of Settlers
In a first of its kind report published by the Israeli NGOs Kerem Navot and Haqel – entitled, “For the Common Good” – military orders from 1967-2022 are examined to show how the Israeli government has mis-used expropriation orders that are issued “for the public good” to give land to settlements and outposts.
After a thorough legal examination of Israel’s ability to expropriate West Bank land, the report closely examines all 313 expropriation orders, finding that out of a total of 74,000 dunams seized (over 18,000 acres):
- 50% of the land (37,000 dunams / 9,142 acres) now serves both Palestinians and Israelis. These orders were issued mainly to pave shared roads throughout the West Bank;
- 48% of the land (36,000 dunams / 8,895 acres) now serves Israeli settlers exclusively. Much of the land was eventually handed over for the construction of settlements and/or access roads to settlements;
- 2% (1,532 dunams / 378 acres) are now used by Palestinians only.
The authors write:
“The conclusion of this study is evident: under the guise of its legal obligation to ensure the wellbeing of the Palestinian population in the West Bank, Israel has nevertheless expropriated extensive areas of land to promote the settlement project beginning in 1967. In some cases, it has done so while completely and blatantly ignoring its duty to ensure that the expropriated area is for the use of the Palestinian population, and in other, more sophisticated cases, it has done so by creating a dependency between the mutual interests of both Palestinian and settler populations.”
The issue of Israel’s use of expropriate orders to further the settlement movement is highly relevant to the events unfolding in the West Bank today, particularly in light of the government’s undisguised efforts to grant retroactive legalization to outposts that were built on land determined to be privately owned Palestinian land. On this score, the report offers this important history (p.22):
“Recently, the issue of expropriation for settlement purposes has been raised again when Attorney General Avichai Mandelblit approved the expropriation of private land in order to pave a road leading to the illegal outpost of Harasha. His legal opinion relied, among other things, on the verdict of Justice Salim Jubran in the HCJ Ziada case, which referred to settlers as part of the area’s ‘local population,’ rendering their welfare as the concern of the military commander. This position, as stated by the Attorney General, diverged from ‘the traditional legal position accepted for many years, according to which the expropriation of private land for public purposes that serve Israeli settlement may be allowed only when it also serves the Palestinian population”. In the summary of his opinion he stated that in light of the final verdict, there is no longer any legal principle that impedes the promotion of a regulated access road to the Harasha outpost by way of expropriation for public purposes, subject to criteria based on proportionality and reasonability. Note that afterwards, as part of a request for an additional hearing in the HCJ Ziada case given its precedents, including the allowance to take possession of private Palestinian land for the exclusive benefit of settlers, Supreme Court President Esther Hayut stated that “indeed, as noted by the plaintiffs, it appears that the verdict contradicts previous law in this context, and presents both renewal and difficulty”.
After the hearing in the HCJ Ziada case, the court addressed this issue directly as part of the petitions against the Regulation Law. Supreme Court President Hayut ruled with the majority opinion:
‘Indeed, as this court ruled, the military commander is entitled by the power of his authority according to Article 43 of the Hague Regulations to consider the benefit of the local population in its entirety as well, including the Israeli population in the area (the Abu Safia issue, in paragraph 20). However, as far as we are concerned with the question of “public purpose” according to the expropriation laws applicable in the area, I do not find that these allow the expropriation of private land owned by Palestinians or claimed to have proprietary relations, for the purpose of building and expanding Israeli settlements, and for that purpose alone.’
Thus, the court reverted to the traditional legal position whereby Palestinians’ private land must not be expropriated to serve the needs of the Israeli settler population exclusively.”
Adalah Spells Out What Annexation Looks Like, Calls for Urgent Intervention
The Palestinian NGO Adalah issued a blistering paper showing the ongoing ways in which the Israeli government is annexing Palestinians lands in the West Bank. The short and to the point document calls on the international community to intervene to stop Israel’s actions.
Joining a chorus of other analysts asserting that annexation is happening via bureaucratic changes within the Israeli government, Adalah’s analysis offers a detailed accounting of how the current Israeli government has brought the West Bank under the control of its civilian government.
The report concludes:
“The Israeli government is working systematically to implement the policy goals declared in its coalition agreements. Its actions express an intention to continue to entrench a regime of Jewish supremacy that grants the Jewish people an exclusive right to self-determination, as enshrined in the 2018 Basic Law: Israel- the Nation-State of the Jewish People, and to extend it beyond the Green Line into occupied Palestinian territory. All of the government’s declarations and actions demonstrate that its stated intention is not merely de facto annexation camouflaged in the framework of a temporary occupation but annexation de jure, in flagrant violation of international law.
The measures adopted by the government and the legislation approved by the Knesset thus far clearly reveal the trend of transferring parts of the military regime’s sphere of operation associated with the settlements to various Israeli government offices. The concept regarding the unification of laws between the localities in Israel and the settlements is expressed in a most alarming way in the aforementioned decisions.
These measures and laws deepen and expand the subjugation and oppression of the Palestinian people and express the total denial of their right to self-determination in their homeland, while implementing laws and institutional measures which, in practice, bypass the applicability of IHL and replace it with domestic Israeli law.
These decisions constitute annexation of parts of the West Bank, wherein a variety of government ministries will administer the settlements and, in practice, manage occupied territories as if they were an integral part of Israeli territory. Hence, these decisions will lead to the deepening of the de facto annexation of occupied territories and could be considered part of a de jure annexation process, in absolute violation of the laws of occupation.”
Bonus Reads
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.
June 9, 2023
- NEXT WEEK – E-1 Back On the Agenda
- Israel Advances Plan for Massive New Industrial Zone
- Israel Quietly Expropriated Land to Facilitate the Retroactive Legalization of Havat Gilad
- Israel Allows Settlers to Operate Farms inside the Masafer Yatta Firing Zone, From Which Palestinians Are Being Forcibly Displaced
- Armenian Orthodox Church Sells Key Jerusalem Properties to an Israeli Investor
- Israel Preps New Laws to “Judaize” the Galilee, Subsidize Jewish-Only Communities in Galilee, Negev, and West Bank
- 17 Israeli Human Rights Orgs Issue Status Report on Occupation
- Yesh Din Re-Releases “Annexation Database”
- Bonus Reads
NEXT WEEK – E-1 Back On the Agenda
The High Planning Council’s Subcommittee for Objections is set to hold a third and final meeting on Monday June 12th to discuss objections that have been filed against the construction of the E-1 settlement, planned for an area just northeast of Jerusalem. Construction of this settlement would have severe geopolitical implications (cutting the West Bank in half, cutting it off from East Jerusalem); would necessitate the forcible transfer of several bedouin communities (a war crime); and affect thousands of Palestinians (shredding the fabric of life).
Assuming there is not another last-minute decision to take E-1 off the agenda (something that could well happen, and has happened repeatedly) this upcoming meeting promises to be a decisive one for the long-pending E-1 plan. It could very well result in the Committee – which is now under the authority of longtime settler advocate, Israeli Minister Bezalel Smotrich – granting final approval to the highly contentious plan.
As a reminder: in its current form, the E-1 plan provides for the construction of 3,412 new settlement units on a site located northeast of Jerusalem. The site is home to several Palestinian bedouin communities, comprising 3,000 people, including Khan al-Ahmar, which Israel is planning to forcibly relocate. Long called a “doomsday” settlement by supporters of a two-state solution, construction of the E-1 settlement would sever East Jerusalem from its West Bank hinterland, preventing East Jerusalem from ever functioning as a viable Palestinian capital. It would also cut the West Bank effectively in half, isolating the northern West Bank from the southern West Bank and foreclosing the possibility of the establishment of a Palestinian state with territorial contiguity.
Israel’s “answer” to that latter concern has long been to argue that Palestinians don’t need territorial contiguity, and that new roads can instead provide “transportational continuity,” via a plan called the “Sovereignty Road. If built, the “Sovereignty Road” will seal and divert Palestinian traffic around the area where Israel intends to build the E-1 settlement. In March 2023 Israel announced that construction of this so-called “Sovereignty Road” was set to begin in May 2023. There have since been reports that Israeli authorities have issued notices to Palestinian landowners whose land will be seized for construction of the road, undertaken prep work for construction, and has allocated millions of shekels to fund components of the road.
And another reminder: there have been attempts to promote the E-1 plan since the early 1990s, but due to wall-to-wall international opposition, the plan was not advanced until 2012. At that time Netaynuahu ordered it to be approved for deposit for public review (a key step in the approval process), ostensibly as payback for the Palestinians seeking recognition at the United Nations. Following an outcry from the international community, the plan again went into a sort of dormancy, only to be put back on the agenda by Netanyahu in February 2020, when he was facing his third round of elections in two years. Also, as a reminder: under the Trump Plan (which the Biden Administration has yet to comment on), the area where E-1 is located is slated to become part of Israel.
Peace Now said in a statement:
“The advancement of construction in E1 is another step in the current Israeli government’s actions, which since its establishment, has been establishing new settlements, returning settlers to the northern West Bank, and now working to create conditions for the annexation of the West Bank. Just last week, the Israeli government violated its commitment to the US government and re-established the outpost of Homesh in the northern West Bank. Next week it will violate an Israeli commitment again by promoting the construction plan in E1. This pro-settler and annexationist government seems to continue to act according to a systematic plan that leads us to a reality of apartheid, undermining the chances of a political solution between Israelis and Palestinians. The Israeli public and our friends around the world must wake up and stop Israel from falling into the abyss.”
Israel Advances Plan for Massive New Industrial Zone
Peace Now reports that on June 2nd the Israeli High Planning Council deposited for public review a plan for the establishment of a massive new settlement industrial zone (called “Sha’ar Shomron”) to be located on lands historically belonging to the Palestinian villages of Siniria, Rafat, and Az-Zawiya in the northern West Bank. In addition to planning for industrial complexes and commercial areas, the plan also provides for the construction of educational buildings, office complexes, sports facilities, recreational areas, and tourism sites – and there is a future plan to connect the new industrial zone to the Israeli railway grid. The new settlement industrial zone is slated to be built directly adjacent to the Green Line, contributing to the erasure of the Green Line and Israel’s annexation of the West Bank.
Peace Now further reports that if the plan is approved, this will likely be the largest Israeli industrial zone in the West Bank, with 2,700 dunams of land, of which 2 million square meters will be for industrial use. Further, Peace Now notes that there is a “lack of need for an additional industrial zone”, especially in this area given that the Ariel and Barkan Industrial Zones are nearby.
Peace Now said in a statement:
“The settlement enterprise is about to receive tremendous economic support in the form of a 2 million square meter industrial zone that will greatly benefit the Shomron Regional Council, strengthen its economy, and, as in previous cases, provide very little, if anything at all, to the Palestinian villages and Palestinians themselves. The Sha’ar Shomron industrial zone is set to deeply integrate Israel’s economy into the occupation mechanism and turn thousands of Israelis into workers for the benefit of the settlement enterprise. This is a hazardous industrial settlement, not only for the Palestinians whose lands it is being built on but for the entire Israeli and Palestinian public. There is no economic prosperity here but rather another expression of the settlement enterprise and the occupation.”
For decades Israel has used industrial zones as another tool to expand and deepen control over West Bank land and natural resources. Industrial zones perpetuate Israel’s economic exploitation of occupied territory (including the local workforce, land, and other natural resources). Presented as benefiting both Israelis and Palestinians, it is in fact Orwellian to label such initiatives as “coexistence” programs, or to suggest that they offer the Palestinians benefits they should welcome. Importantly, jobs in industrial zones – often the only jobs available for Palestinians living under an Israeli occupation that prevents the development of any normal Palestinian economy – are widely viewed by Palestinians as a double-edged sword. The NGO Who Profits explained:
“Israeli Industrial Zones constitute a foundational pillar of the economy of the occupation. They contribute to the economic development of the settlements, which are in violation of international law and the Fourth Geneva Convention, while relying on the de-development of the Palestinian economy and the exploitation of Palestinian land and labor…The Industrial Zones in the oPt form part of a practice of ‘financial annexation’ which is an essential component of the broader policy of annexation taking place.”
Israel Quietly Expropriated Land to Facilitate the Retroactive Legalization of Havat Gilad
The anti-settlement watchdog Kerem Navot (aka Naboth’s Vineyard) reports that on May 2, 2023 the Israeli Custodian of Abandoned and Government Property – Yossi Segal – signed a military order declaring a small tract of land in the West Bank to be “state land.” The small tract of land happens to be where settlers have been allowed to illegally build the Havat Gilad outpost, despite the fact that aerial imagery shows that that area had been continuously cultivated by Palestinians prior to settlers taking over the land (and therefore cannot be taken over by Israel as “state land”). Nonetheless, settlers have been allowed to illegally build on this land, illegal activity which is now being rewarded and further incentivized by Segal’s move to expropriate the land – a move that paves the way for the retroactive legalization of the outpost.
As Kerem Navot chronicles, the Havat Gilad outpost has been the subject of controversy since it was first established by settlers in 2002. Since then, the outpost has become a source of radical, serious, and frequent violence against Palestinians. In 2014, two Havat Gilad settlers were sentenced to prison for setting Palestinian vehicles on fire in a price-tag attack; its residents have also been documented harassing Palestinian farmers and denying them access to their own lands. The Israeli NGO Yesh Din – which has documented violence emanating from Havat Gilad, including against Yesh Din employees – has filed several petitions against the outpost, including a 2010 case that resulted in the demolition of some of the outpost’s structures that were built on land Israel recognized as privately-owned by Palestinians. Yesh Din’s investigation shows that Havat Gilad was built on lands that the Israeli Civil Administration has now declared to be “state land” have in fact been continuously cultivated and privately owned by Palestinians; most of the outpost’s structures have standing (but unenforced) demolition orders issued against them.
In 2018, the Israeli government came under intense pressure from the settler lobby to legalize Havat Gilad in response to a Palestinian terror attack that killed a Havat Gilad settler — and came very close to doing so. At the time, the government ran into difficulties in legalizing the outpost because some of the illegal buildings were located on land Israel recognized as privately-owned by Palestinians, and the government could not – at that time – find a legal means by which to expropriate it. Meanwhile, the settler killed in the attack was subsequently buried at the outpost, and as Al-Monitor explains, the presence of a cemetery in the outpost makes its future evacuation nearly impossible. Kerem Navot’s Dror Etkes spoke to Haaretz around this same time about the phenomenon of settlers being buried in the West Bank:
“Etkes tells Haaretz he believes the choice of where the cemeteries are situated – particularly when they lie on private land some distance from the nearest homes – is not a coincidence. ‘I work on the assumption that there are always deliberate intentions afoot,’ he says. The placement of a cemetery ‘is not chosen for no reason. It is a very long-term investment – and in Judaism, whoever buries people in a certain place does so on the understanding they will not be removed. Obviously, there is deliberate intent lurking behind the location of these cemeteries,’ Etkes continues, ‘and it may be assumed that whoever buries the dead on private Palestinian land knows exactly what he’s doing.’”
Israel Allows Settlers to Operate Farms inside the Masafer Yatta Firing Zone, From Which Palestinians Are Being Forcibly Displaced
Amira Hass reports for Haaretz that Israel is allowing settlers to operate six sheep herding farms [what Americans would call “ranches”] in the Masafer Yatta area of the South Hebron Hills, which Israel has declared a “firing zone”, thereby making it illegal for civilians to enter, live, or farm on the land. This settler activity is being allowed while Israel is simultaneously pursuing the mass forcible expulsion of Palestinians from the area, based on the argument that their lives and homes in a firing zone are illegal. According to a settler from an illegal outpost, the IDF has even provided “grazing permits” to settlers authorizing their activities in the area.
The phenomenon of settlers using agricultural and farming outposts as a highly efficient means of taking control of land (a few farmers can easily take control over vast amounts of herding/grazing lands) has been thoroughly documented by Kerem Navot, which calls it “Israel’s most significant mechanism for dispossessing Palestinian communities.”
Two of the settler farms were established before the May 2022 ruling by the Israeli High Court which authorized the expulsion of Palestinians from the area, the other four were established after. Predictably, though these farms may have started as bare-bones operations, Palestinians now report:
“continuous and brisk activity around these farms, with trucks unloading, a cement truck laying down a concrete surface and all-terrain vehicles entering and leaving the farms, as well as people on horseback…Palestinians in the area say that they often see soldiers in the vicinity of Israeli shepherds, accompanying them within the firing zone.”
In stark contrast to the tolerance and assistance the IDF gives to settlers in the area who have illegally built outposts and these sheep farms, the nearby Palestinians living in Masafer Yatta are ruthlessly tormented, harassed, and attacked by Israeli settlers and the IDF. In a shocking and heartbreaking examination of what life in Masafer Yatta have become for Palestinians, Palestinian journalist and activist Hamdan Mohammed Al-Huraini quotes Issa Makhamra, a resident, who said:
“Everything is forbidden under the pretext that we live in a firing zone, even grazing sheep. Whenever we go anywhere, they set up a checkpoint. When I want to go to the city, I have to pass through this checkpoint, and I am stopped and detained for long hours. I swear to you, if the army could keep sunlight and air from us, they would do it.”
Armenian Orthodox Church Sells Key Jerusalem Properties to an Israeli Investor
The Associated Press reports that in a highly controversial move, the Armenian Orthodox Church signed a 99-year lease giving several church properties in the Old City of Jerusalem to an Australian-Israeli businessman, Danny Rothman (sometimes referred to as Danny Rubenstein). The lease reportedly includes the Hadiqat Al-Baqar (The Cows’ Garden) and its surrounding properties, including the Qishla building in Bab al-Khalil (Jaffa Gate), located in the Armenian Quarter. Rumors of this sale first surfaced in 2021, but recently a sign was placed on one of the tracts saying the land is the property of Xana Capital, the company which Danny Rothman owns. According to a bishop involved in the sale, Rothman and his business Xana Capital plans to develop the land into a luxury resort managed by a Dubai-based company.
The Armenian Archbishop, Nourhan Manougian, alleged that the Church’s real estate official and priest – Baret Yeretsian – sold the land in a “fraudulent and deceitful” deal that he was unaware of. Yeretsian, in turn, said he carried out the deal at the direction of Manougian. Both Manougian and Yeretsian have been forced into hiding due to communal outrage, with Yeretsian fleeing a mob attack with help from Israeli security forces and then relocating to California. Manougian has barricaded himself inside of a convent in the Old City, and protesters have staged weekly protests outside.
Dimitri Diliani, president of the National Christian Coalition of the Holy Land, told the AP: “From a Palestinian point of view, this is treason. From a peace activist point of view, this undermines possible solutions to the conflict.
Manuel Hassassian, the Palestinian Ambassador to Denmark, told the New Arab: “It’s a huge tract of land. By conceding it, they are erasing the Armenian presence historically, demographically, and culturally.”
In the wake of this deal coming to light, Palestinian President Mahmoud Abbas and Jordan’s King Abdullah II have both suspended recognition of Manougian’s authority, rendering him unable to sign contracts, complete transactions, or make decisions in the Palestinian territories and Jordan.
Israel Preps New Laws to “Judaize” the Galilee, Subsidize Jewish-Only Communities in Galilee, Negev, and West Bank
Two weeks ago, the Israeli security cabinet quietly organized an effort to draft and pass new laws designed to encourage Israeli Jews to move to the Galilee region of Israel, where Palestinian citizens of Israel are the majority. There are two main components of this effort so far:
- Amending the “admission committees” law to expand the number of Israel communities permitted to use such committees to screen future residents — a tool used primarily if not exclusively to prevent Palestinian citizens of Israel from moving into communities that residents want to preserve as Jewish-only towns and neighborhoods. The Israeli Ministerial Committee for Legislation granted government-backing to this proposed law weeks ago, and it recently passed its first reading in the Knesset.
- A law that will see the government subsidize land for “communities” that (in the eyes of the Israeli government) suffer from “demographic or security hardships” (which per a key backer of the law does not include Arab areas of Israel, as “Arab settlement does not suffer from similar hardships” as Jewish settlement). This law would in effect see the Israeli government subsidizing Jewish Israelis moving to areas like the Galilee and the Negev — and Prime Minister Benjamin Netanyahu is being pushed by Religious Zionism lawmakers to extend this plan to settlements in the West Bank.
Haaretz Editorial Board writes:
“The bill is part of a broader agenda that is euphemistically called ‘Zionism,’ but whose essence is Jewish supremacy in the spirit of the nation-state law. It’s a follow-up to the cabinet discussion of a resolution meant to give Jews preference in land allocations.”
17 Israeli Human Rights Orgs Issue Status Report on Occupation
On the 56th anniversary of the Occupation, a group of 17 Israel human rights organizations came together to author and publish a concise and highly relevant joint “Situation Report” on the state of the occupation. The report covers four main themes: security forces’ violence, annexation, displacement, and attacks on NGOs.
On annexation, the report covers several important issues that are being closely monitored:
- Structural changes to Israeli governance which amount to annexation of the West Bank;
- Settlement expansion;
- The completion of the Eastern Ring Road (aka the Apartheid Road);
- The “seam zone” permit regime; and,
- Gaza.
The report’s annexation section concludes with the following warnings:
» Changes advanced by Israel’s 37th government, even if not implemented in full, will lead to an irreversible transformation of the West Bank and will cement Israel’s control of the oPt’s Palestinian population and its property. The government’s policies are concurrently advanced via administrative tools, structural changes, legal reforms and huge budget allocations to settler causes. These should not be viewed piecemeal, but as a harmonized policy to accelerate the West Bank’s annexation.
» An exponential increase of the settler population is planned, paired with an unprecedented settlement-expansion drive. Building plans in over 37 settlements have already been approved and ten illegal outposts legalized – with legalization of a further 70 in the pipeline.
» Israel’s current government policies and its Jewish-supremacy ideology will further erode Palestinians’ rights and legal protections under military law, augmenting the West Bank’s dual legal system’s apartheid character. Palestinians’ diminished capacity to be served by the ICA has already been further hampered, and additional restrictions are expected.
» Large-scale construction plans are in place for the E1 area, including the Eastern Ring Road and a new settlement of 3,400 housing units. If realized, these projects will de facto annex strategic parts of Area C, east of Jerusalem, depleting much of East Jerusalem’s land reserves and further fragmenting the West Bank. Annexation of this area has been vehemently and successfully opposed by the international community in the past.
» With all eyes on the West Bank and East Jerusalem, Gaza and its population continue to be largely overlooked and its isolation from the West Bank and the outside world has been accepted as an insoluble reality. Palestinians in Gaza continue to live on the perpetual edge of a humanitarian crisis. Israel’s current government’s annexation policies and cementing of an apartheid regime will further increase Gaza’s isolation and its population’s unbearable predicament.
Yesh Din Re-Releases “Annexation Database”
The Israeli NGO Yesh Din has re-released an updated and incredibly useful database of Israeli laws – past, present, and pending; enacted and abandoned – that amount to annexation of West Bank land. The Annexation Legislation Database categorizes annexation bills into four types:
- The application of Israeli law and sovereignty;
- Direct legislation by the Knesset on the occupied territory;
- The transfer of authorities away from the military commander;
- The blurring of the Green Line.
The re-released database is complemented by a powerful article by Yesh Din’s longtime legal advisor Michael Sfard (who is a legal advisor to a host of anti-occupation, anti-apartheid, anti-settlement groups) in Foreign Policy, entitled “Israel Is Officially Annexing the West Bank.” Sfard writes:
“The high road to legal annexation is an official, public declaration, as Putin made when he annexed the Crimean Peninsula in 2014. But annexation does not necessarily involve pomp and ceremony. It can happen in dull, windowless offices and through seemingly dreary administrative and bureaucratic actions.
Exposing Israel’s annexation requires zooming out. This is what the international community fails to do, and it is why Israel’s brazen violation of international law has not drawn the ire it deserves. International discourse is hung up on the ceremonial, formal version of annexation—Putin’s annexation, which was rightly met with rebuke and sanctions. The world does not know how to deal with Netanyahu’s tactics.
Though it was not accompanied by a grand statement, the Israeli defense ministry’s portfolio transfer to Smotrich amounts to an act of de jure annexation of the West Bank—and is a dangerous step toward entrenching apartheid within the territory.”
Bonus Reads
- “Tantura massacre: Palestinian families call on Israel to mark site of mass graves” (Middle East Eye)
- “Israeli settlers encircling Jerusalem, EU envoys warn” (EU Observer)
- “Palestinian Forum Highlights Threats of Autonomous Weapons” (Human Rights Watch)
- “Settlement expansion is obstacle to peace, Blinken tells US Israel lobby” (Reuters)
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.
June 1, 2023
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- Ghaith-Sub Laban Family Face June 11th Eviction from Old City Home
- Construction of Homesh Settlement Continues
- A New Look at Israel’s Annexation & Slow Erasure of Palestinians in Nabi Samwil
- 7amleh Analyzes Israeli Social Media Hate Speech on Huwara, Leading to Pogrom
- New, Comprehensive Report on Children in the Israeli Military Court System
- New Report Details Big Tech Companies’ Facilitation of Occupation
- Bonus Reads
Ghaith-Sub Laban Family Face June 11th Eviction from Old City Home
Ir Amim reports that the Palestinian Ghaith-Sub Laban family have been issued a new eviction notice ordering them to vacate their decades-long home in the Old City of Jerusalem by June 11, 2023, or else be forcibly evicted. The elderly Ghaith-Sub Laban couple – who have steadfastly remained in their home despite unimaginable challenges and harassment by settlers – report that they expect the eviction to be forcibly carried out as soon as June 11.
The Ghaith-Sub Laban family has spent the past 40-years in a legal battle against settlers (and the State) over their home in the Muslim Quarter of the Old City of Jerusalem. This family’s story is not unique, and the broader, systemic processes behind the forcible dispossession of Palestinians in Jerusalem is also discussed. In March 2023, FMEP hosted Rafat Sub Laban and Ir Amim’s Amy Cohen on a podcast – “‘We Are Determined to Stay”: One Palestinian Family’s Story of Dispossession in Jerusalem” – to discuss the Sub Laban case and how it relates to broader State-back settler efforts to dispossess Palestinians across Jerusalem.
Ir Amim explains:
“The family of veteran Ir Amim staff member, Ahmad Sub Laban, has been embroiled in a 45-year legal battle against persistent attempts by the state and settler groups to displace them and takeover their home for Jewish settlement. The family rented the house in 1953 from the Hashemite Kingdom of Jordan and as such was afforded protected tenancy rights. After 45 years of recurring lawsuits and harassment by the Israeli authorities and settler organizations, the Supreme Court recently ruled to terminate the family’s protected tenancy status and evict them from their home.”
For a comprehensive overview of the Sub Laban family’s legal battle, as well as other East Jerusalem eviction cases, please see Ir Amim’s report.
Construction of Homesh Settlement Continues
The Palestinian Centre for Human Rights reports that non May 29th settlers brought caravans and heavy equipment to the site where they are building permanent infrastructure for the Homesh settlement. Though the Israeli government has not issued building permits or completed planning for the reestablishment of the Homesh settlement, the IDF continues to obey orders to allow the settlers to proceed with construction.
As a reminder, On May 18th the IDF Commander signed a military order that finalized the Knesset’s recent repeal of key sections of the 2005 Disengagement Law, allowing Israelis to enter the area in the northern West Bank where the Homesh settlement stood before it was dismantled by the Israeli government in 2005 as part of Disengagement. In parallel, the Israeli Defense Minister announced that the government plans to relocate the Homesh outpost – a yeshiva (that is, a Jewish religious school) established illegally by settlers as part of their drive to re-establish the Homesh settlement – from its current location, which is on land that Israeli courts have recognized as private Palestinian property, to a small plot of nearby “state land” a few hundred of meters away. The Times of Israel further reports that the IDF Commander signed additional orders on May 15th that temporarily bar Israelis from entering the existing Homesh outpost until the outpost’s yeshiva is relocated to the “state land” plot, and that add the Homesh outpost as an official community under the umbrella of the Shomron Regional Council (a settlement municipal body), which allows the planning of the settlement to begin.
Yesh Din – an Israeli NGO which has led petitions to return the land on which Homesh was built to its Palestinian owners – told Haaretz:
“Moving the yeshiva is adding sin to crime. Its new location still doesn’t allow Palestinians to reach their land and continues their dispossession. Instead of evacuating the outpost immediately, Israel is rewarding serious criminals.”
PCHR further reports that on 30 May 2023, settlers known to be working on the Homesh settlement attacked a home in the Burqa village, and smashed the rear window of the house owner’s vehicle.
Haaretz columnist Amos Harel explained why the government’s actions vis a vis Homesh reveal the true nature of the coalition, saying
“The Homesh affair reiterates the true balance of power within the government, which is controlled by the far-right and ultra-Orthodox parties. The Homesh yeshiva’s relocation was essentially orchestrated by the head of the Samaria Regional Council, Yossi Dagan, who was provided cover from the government by Finance Minister Bezalel Smotrich.”
A New Look at Israel’s Annexation & Slow Erasure of Palestinians in Nabi Samwil
A new Haaretz piece looks at the history of the Palestinian village of Nabu Samwil, located on a strategic hilltop between Jerusalem and Ramallah. This location places the village’s residents — who remain in the eyes of the Israeli government residents of the West Bank, for whom access to Jerusalem is forbidden without a special permit — in a Kafka-esque situation: they are cut off from the West Bank by the separation barrier but barred entry to Jerusalem. They are legally forbidden from taking the one road out of the village because it passes through Jerusalem, and the West Bank is accessible to them only via a circuitous route that passes through an Israeli checkpoint (for background see: The Palestinian village where Israel forbids everything, and this Twitter thread of resources curated by Lara Friedman). The suffocation of Nabi Samwil is in line with Israel’s long-time ambitions to completely de-populate the village and take control of the land.
Palestinian refugees of Nabi Samwil, in conjunction with activists, have held protests to demand recognition from the Israeli government, in order to be able to build legal structures and be granted permits to enter Jerusalem. Refugees have petitioned the Israeli government for over 20 years to accept a formal building plan for the village, in order to allow the buildings to be deemed legal, but the government has refused. Instead, in 2021 the Israeli government greenlit a major project to renovate an archeological and holy site in Nabi Samwil. The plan will see the construction of a new access road, a visitors area, a restaurant, a learning center for tour groups, a shop, and a conference room.
7amleh Analyzes Israeli Social Media Hate Speech on Huwara, Leading to Pogrom
The Palestinian NGO 7amleh: The Arab Center for the Advancement of Social Media has issued a new report – “An Analysis of the Israeli Inciteful speech against the Village of ‘Huwara’ on Twitter” – documenting the social media frenzy that preceded settler-perpetrated pogrom on Huwara on February 27, 2023. The report identified a total of 15,250 Hebrew tweets containing hashtags related to Huwara, of which 80.2% of these tweets contained negative content against the village and its residents. The intensity of incitement and hate speech peaked before and after the attack. During this time, an average of 188 negative tweets per day targeting Huwara were published by approximately 158 accounts on Twitter.
The report recommends that social media companies take decisive measures to prevent the spread of incitement, racism, and violence against Arabs and Palestinians on their platforms. It suggests the development of a lexicon of hate speech in Hebrew for monitoring purposes, the implementation of content management policies for Israeli content in Hebrew, and an end to discriminatory double standards between Palestinian and Israeli content.
New, Comprehensive Report on Children in the Israeli Military Court System
Defense for Children International – Palestinian has released a new report – “Arbitrary by Default: Palestinian children in the Israeli military court system” – comprehensively examining the systemic denial of fair trial rights inherent in Israeli forces’ practice of arrest, detention, interrogation, and prosecution of Palestinian children in the Israeli military courts.
Building on years of documentation, the report’s main findings based on hard evidence are:
- Israeli military courts do not meet the standards of independence and impartiality when dealing with civilians, including children.
- Palestinian children detained and prosecuted in the Israeli military court system are denied the right to a fair hearing by a competent, independent, and impartial tribunal.
- Israeli authorities frequently arrest Palestinian children without issuing arrest warrants, failing to establish a legal basis for detention.
- Israeli authorities rarely provide explanations or information to the child or their family regarding the reasons for arrest.
- Palestinian children are denied prompt access to legal assistance and the presence of a family member during interrogation.
- Israeli forces’ systematic non-compliance with the prohibition of torture or cruel, inhuman, or degrading treatment constitutes arbitrary detention.
New Report Details Big Tech Companies’ Facilitation of Occupation
Who Profits has issued updated company profiles for Microsoft, Cisco Systems, IBM, and Dell Technologies – all of which are Multinational Companies (MCs) which support the Israeli occupation economy through the provision of infrastructure, technology, knowledge, and products to both civil and military institutions. The report highlights the extensive and diverse involvement of these companies in bolstering the capacity of the Israeli occupation economy and its ability to exert control and surveillance over Palestinians on both sides of the Green Line.
Please use the following links to read more on the role and activities of each company:
Bonus Reads
- “Israel Is on a Mission to Supersize Its West Bank Settlements” (Hagit Ofran, Haaretz)
- “Is Judicial Reform a Trojan Horse for West Bank Annexation?” (Yaakov Or, Haaretz)
- “Jewish residents hold morning prayers at entrance to Arab village to protest attacks” (Arutz Sheva)
- “After backlash, conference drops Israeli archeologist for settlement university ties” (+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.
May 26, 2023
- IDF & Settlers Move Ahead with Re-Establishment of Homesh Settlement
- Israeli Authorities Approve New East Jerusalem Settlement of “Kidmat Zion”
- State & Settler Violence Coerce the Forcible Transfer of Ein Samia Bedouin Community
- Israel Attempts to Assuage U.S. Concern Over Smotrich’s “Double the Settlers” Planning
- Israeli State Budget Awards “Several Billion” Shekels to Settlements & Outposts
- Government Gives Settler Group $41 Million for East Jerusalem Archaeological Projects
- Annexation, End of Civil Society on the Government’s Agenda This Weekend
- Bonus Reads
IDF & Settlers Move Ahead with Re-Establishment of Homesh Settlement
On May 18th the IDF Commander signed a military order that finalizes the Knesset’s recent repeal of key sections of the 2005 Disengagement Law, allowing Israelis to enter the area in the northern West Bank where the Homesh settlement stood before it was dismantled by the Israeli government in 2005 as part of Disengagement. In parallel, the Israeli Defense Minister announced that the government plans to relocate the Homesh outpost – a yeshiva (that is, a Jewish religious school) established illegally by settlers as part of their drive to re-establish the Homesh settlement – from its current location, which is on land that Israeli courts have recognized as private Palestinian property, to a small plot of nearby “state land.” The Times of Israel further reports that the IDF Commander signed additional orders on May 15th that temporarily bar Israelis from entering the existing Homesh outpost until the outpost’s yeshiva is relocated to the “state land” plot, and that add the Homesh outpost as an official community under the umbrella of the Shomron Regional Council (a settlement municipal body).
Following the IDF Commander’s order, Yesh Din said in a statement:
“The Homesh outpost is on private land belonging to residents of the Palestinian village of Burqa. The entry of Israelis into the area is an additional tool in the expulsion of residents from their lands. The process of authorizing the outpost is a prize and an incentive for criminals and a violation of international law.”
On May 25th, Haaretz published photos of settlers using tractors to clear the plot of “state land” for construction, ostensibly in preparation for the relocation of the existing Homesh outpost/yeshiva. Israel’s plan to relocate the outpost is an attempt to sidestep a pending petition filed in 2009 by the Palestinian landowners and Yesh Din seeking removal of the Homesh outpost/yeshiva from the Palestinians’ land and providing for the landowners to access the area (discussed in greater detail below). To state the obvious, moving the Homesh settlement to the tiny plot of “state land” in the area will not cure any of the underlying infringements on Palestinian rights. Yesh Din explains “Israel is well aware that as long as there is an Israeli presence in the area, the Palestinian landowners will not be able to access their lands safely and the violation of their rights will continue.”
This land clearing by settlers is taking place despite the fact that, according to Haaretz, the settlers do not have the permits legally required by Israel to carry out work at the site, resulting in the IDF attempting to stop the illegal work. Reportedly Defense Minister Gallant and Minister Smotrich ordered the IDF to back off and allow the settlers land-clearing to continue, lack of permits notwithstanding. On May 24th Yesh Din submitted an urgent appeal with the Israeli Central Command to stop the settlers’ work at the site; the appeal is still pending, even as the settlers’ work continues because the Israeli government has instructed the IDF to allow it.
Israeli actions on the ground send strong signals that Israel will soon act to transform the Homesh outpost, relocated to its new site, into an official new (or in this case, resuscitated) settlement. Yet, following U.S. criticism of its policies and actions vis à vis Homesh, the Israeli government reportedly sought to assuage U.S. concerns by drawing a (manufactured, meaningless) distinction between establishing a settlement and relocating an existing outpost. Axios reports that “the Israeli side made it clear to the Biden administration that it has no intention of rebuilding the Homesh settlement and stressed the new order was signed only to allow the moving of the Homesh outpost from private land to state land.”
As a reminder – the legalization of Homesh was explicitly agreed to in the coalition deals which formed the current Israeli government. And despite the message to the U.S. behind closed doors, Israeli lawmakers and settler leaders hailed the Israeli government’s moves on Homesh as concrete steps toward the realization of this commitment. Otzma Yehudit MK and settlement activist Limor Son Har Melech hailed the news and said that the real goal is to reestablish all four settlements located near the Homesh outpost which were dismantled by the Israeli government in 2005 (the order issued by the IDF Commander on May 18th that allows Israelis to enter to the Homesh area did not extend to the areas of the other three settlements – Sa-Nur, Ganim, and Kadim).
Kerem Navot adds more detail to the settlers’ grand ambition in this area of the West Bank – between the major cities of Nablus and Jenin where there is currently no official Israeli settlement or control. Kerem Navot writes:
“the settlers have already made it clear that from their perspective, returning to Homesh is only the beginning. And that it is their intention to also re-establish the settlement of Sa-Nur, which was located on a hill a few kilometers to the north, next to the Nablus-Jenin road. At the same time as the takeovers of these sites, the settlers have also been pursuing a plan to take over the Al-Mas’udiyya train station, which is located north of the violent and isolated settlement of Shavei Shomron. As we reported here last September, they intend to establish the “Settlement Museum” there…the racist and violent settler right that, in practice, controls the Israeli government, plans on taking over an area where there haven’t been settlements since 2005. At this stage, the intention is to 1. Re-establish two settlements (Homesh and Sa-Nur) that were evacuated in 2005. 2. Take over two new spots (the archeological site in Sebastiya and the Al-Mas’udiyya train station), by turning them into tourist sites. The wider Israeli public will provide the money and the soldiers required to realize this plan. And the land, and most of the blood that will be spilled in order to realise this plan, will, as always, be supplied by the Palestinians.”
And a further reminder: The Israeli government has for nearly three years delayed its response to a 2019 petition filed by Yesh Din seeking both the removal of the illegal outpost and yeshiva at the site of the dismantled Homesh settlement, as well as the site’s return to its Palestinian landowners. Despite Homesh being dismantled in 2005, Israel never permitted Palestinians to regain access to or control of the land, declaring it a closed military zone. That status has prevented Palestinians from entering the area, even as the IDF permitted settlers to routinely enter the area, to live (illegally, under Israeli law) at the site, and to illegally establish a yeshiva there. That yeshiva, according to Kerem Navot, has become one of the West Bank’s “hardcore centers of settler terror”. Settlers have also wreaked terror on nearby Palestinian villages, most notably Burqa and Sebastia. One Israeli politician even went so far as to say that settlers are “carrying out a pogrom” in Burqa.
Proving Kerem Navot’s point, on May 24th, on the heels of a visit to the area by foreign diplomats, a group of settlers attacked Burqa, near the Homesh site, throwing stones and setting homes on fire.
Israeli Authorities Approve New East Jerusalem Settlement of “Kidmat Zion”
The Jerusalem District Planning Authority gave initial approval to a plan to build a new settlement enclave, “Kidmat Zion,” to be located between the Ras al-Amud neighborhood and the Israeli separation barrier, with the Abu Dis neighborhood on the other side of the wall. The settlement enclave will be accessible only by driving through densely populated areas of Ras Al-Amud.
The plan – which calls for 400 settlement units [translating, conservatively, to at least 2,000 settlers] – is being promoted by the Ateret Cohanim settler organization. Speaking publicly about the plan, Ateret Cohanim said it will:
“change the map of the eastern part of the city. The neighborhood sits in a strategic location, and can gradually change its image to Jewish and prevent the Arab takeover of the city’s eastern neighborhoods.”
Construction of this settlement could well achieve the considerable geopolitical consequences the settlers hope for — most notably by complicating if not outright blocking any future division of Jerusalem (or sharing agreement) under any possible Israeli-Palestinian peace agreement. It is worth recalling that Abu Dis has been repeatedly suggested by Israel and its allies (including in the Trump Plan) as the capital of a future Palestinian state (as a substitute for Jerusalem), and an unfinished building in Abu Dis was designed to be the future home of a Palestinian parliament. This settlement plan would scuttle all such ideas. Indeed, in the planning documents Ateret Cohanim explained:
“Palestinian institutions in Abu Dis were built with the vision of turning the town into the capital city of Palestine and building a corridor and passage to the center of Jerusalem, and thus promoting the takeover of the entire city…The significance of establishing and developing the neighborhood is to create a shield for Jerusalem against Palestinian ambitions. The neighborhood will disturb the contiguity [of the area] and protect us from dividing the city.”
The new settlement enclave will also further solidify the infrastructure connecting settlements south of Jerusalem to the city. Kidmat Zion will be located adjacent to the so-called “American Road,” which will tunnel underneath parts of Abu Dis. The “American Road” is a section of north-south highway that is meant to seamlessly connect settlements located in the north and south of Jerusalem to one another, and to serve as a bypass for settler traffic to cut through East Jerusalem’s Palestinian neighborhoods. While the road will be accessible to Palestinians (a fact touted by Israel as proof of Israeli good intentions), the obvious primary purpose is to entrench Israel settlements, expand Israeli control over all of East Jerusalem, and close off Palestinian East Jerusalem neighborhoods from the rest of the West Bank, thereby (further) torpedoing Palestinian hopes of one day establishing a capital in East Jerusalem.
State & Settler Violence Coerce the Forcible Transfer of Ein Samia Bedouin Community
On May 22nd, the approximately 200 residents (27 families, including 80 children) of the Ein Samia bedouin community were forcibly coerced to leave their homes and abandon their land. The community faced nearly constant and often violent harassment by settlers from a nearby settlement, Kochav HaShachar and its shepherding outpost, as well as state-backed violence, including the looming demolition of the community’s only school.
The Ein Samia community lived on the land for 40 years, and its residents have endured violence and oppression for decades. However, as +972 journalist Basel Adra reports, the community has been living through a true nightmare over the past week. Adra writes:
“Residents say they were compelled to leave after a fierce spate of violence over the previous five days, during which settlers attacked them at night, blocked the roads to the village, and threw stones at the old homes. The mental toll of the attacks, especially on the children, was the decisive factor in the residents’ choice to destroy the village and move away…‘Ein Samia is located next to the Kochav HaShachar settlement and is east of Tzir Alon, an area settlers have been attempting to take over in recent years. It is one of 180 Palestinian villages in Area C of the West Bank that are “unrecognized” by the Israeli authorities and whose residents are denied permits for any construction or connection to basic utilities, like water and electricity.”
Yesh Din said in a statement:
“Yesterday, a Bedouin Palestinian family was forced to leave their home in Ein Samia due to escalating settler violence. This heartbreaking incident is not an isolated case. Rather, it has become a distressing phenomenon in the West Bank, growing worse with each passing day. In Ein Samia – like other areas in the west bank – the plight of Bedouin communities has been unfolding for decades. For approximately 60 years, Bedouin communities have resided and worked on the agricultural lands surrounding Kafr Malik – an area called Ein Samia. These families were first displaced in the 1960s and have since relied on these lands for their livelihoods. They have endured hardships and harassment, but recent events have taken a sinister turn. The establishment of ‘Micha Farm,’ a settler shepherding outpost, marked a turning point. (5/10) It not only disrupted the lives of the Bedouin communities but sparked a surge in violence. With increasing frequency, settlers armed with guns and attack dogs invade their lands, stealing livestock, damaging crops, and subjecting Palestinian residents to physical assaultsThe situation has become unbearable. The attached photo captures the heartbreaking moment when a family had no choice but to pack their belongings, forced out of their home by the constant terror they could no longer endure.”
B’Tselem said in a statement:
“Israel’s policy, whose goal is to allow the state to take over more and more Palestinian land to be used by Jews, is applied across the West Bank against dozens of Palestinian communities. This policy is illegal. Forcible transfer is a war crime.”
Israel Attempts to Assuage U.S. Concern Over Smotrich’s “Double the Settlers” Planning
Last week it was reported that Bezalel Smotrich, who has been granted vast authority over civil affairs in the West Bank, has set out to initiate wide-scale planning with the goal of adding 500,000 new settlers within the next two years. This week, Haaretz reports that Israeli government officials told the Biden Administration that, notwithstanding Smotrich’s intentions and plans, the government does not have an official policy seeking to add 500,000 new settlers in the next two years.
Israeli State Budget Awards “Several Billion” Shekels to Settlements & Outposts
On May 24th, the Knesset approved a state budget which, among other things, provides (at least) several billion (yes, with a “b”) shekels for settlements and outposts.
In particular, the State budget invests massively in West Bank infrastructure projects. Fully one-fourth of the total Transportation Ministry’s budget is for projects in the West Bank, even though settlers are just X% of the total Israeli population. Specifically, the budget provides the Transportation Ministry with NIS 3.5 billion ($941 million) to invest in upgrading and paving new roads in the West Bank over the next two years. The Times of Israel details the settlement-related budgets and projects that this funding includes:
- NIS 2 billion ($538 million) will go to upgrading Highway 60, the main north-south highway which runs from Jerusalem to Hebron;
- NIS 500 million ($134 million) will go toward expanding a road between the Ariel settlement and Tapuach Junction in the northern West Bank;
- NIS 366 million ($98 million) will go to upgrading the access road to the Beit El Regional Council area;
- NIS 300 million ($81 million) will pay for a new road between the Migron settlement and Qalandia north of Jerusalem;
- NIS 200 million ($54 million) for a road circumventing the Palestinian village of Al-Funduq in the northern West Bank west of Nablus; and,
- NIS 150 million ($40 million) for a road in the Alfei Menashe settlement.
- Hundreds of millions more were allocated for roads in and around East Jerusalem.
The newly created Settlements and National Missions Ministry, headed by Religious Zionism MK Orit Strock (a longtime settler activist from the Hebron settlements) received NIS 268 million ($72 million) in funding, including NIS 399 million ($107 million) that will be funneled to the World Zionist Organization’s Settlement Division and NIS 74 million ($20 million) to support settlement municipal authorities in their efforts to monitor “illegal” Palestinian construction in Area C.
Yoni Mizrachi, a researcher with Peace Now told The Times of Israel:
“All Israeli governments prioritize the West Bank settlements in the budget, but this government has gone even further and has taken money from core funds and given it to a small group living in the West Bank which in a political agreement with the Palestinians Israel will leave. We are seeing an effort here to deepen Israel’s presence in the West Bank.”
Government Gives Settler Group $41 Million for East Jerusalem Archaeological Projects
On May 21st, at a ceremonial cabinet meeting held in the Western Wall tunnels of the Old City of Jerusalem (timed to coincide with Jerusalem Day celebrations), the Israeli government approved 41 million shekels ($11 million) for archaeological sites in East Jerusalem, almost all of which are managed by the Elad settler organization. Another 6 million shekels ($1.6 million) were budgeted for programs which bring Israeli soldiers and students to Jerusalem’s archaeological sites. The Chairman of Elad, David Be’eri, attended the meeting.
Emek Shaveh, an association of left-wing archaeologists, said in a statement:
“The government will invest millions of shekels in developing tourism and promoting an ideology dictated by the radical settler organization Elad. This year, large swaths of the funding were also earmarked for bringing students and soldiers to participate in archeological and tourist settler activities. Consequently, not only will our taxes go toward Judaizing East Jerusalem, but so will our children.”
Peace Now said in a statement:
“Like in every year, the Israeli government celebrates Jerusalem Day by transferring funds to settlers in East Jerusalem. The cabinet meeting in the Western Wall tunnels is a direct continuation of the hate march we witnessed last week on Jerusalem Day. Both of these actions are intended to increase hostility, tension, and hatred between Israelis and Palestinians in the city, rather than finding a peaceful solution between the peoples.”
Annexation, End of Civil Society on the Government’s Agenda This Weekend
The Israeli Ministerial Committee on Legislative Affairs (a body of ministers who decide whether or not the government will back legislative proposals in the Knesset) is set to meet on Sunday, May 28th to vote on multiple bills that are particularly concerning for settlement watchers.
The committee may (rumor has it the government is reconsidering) vote on a resolution, authored by Galilee and National Resilience Minister Yitzhak Wasserlauf (Otzma Yehudit), that seeks to make the commit the whole of the Israeli government to advancing “Zionist values” as described in the Nation-State law. The Times of Israel reports the resolution is specifically aimed at promoting settlement growth across the West Bank, and the resolution’s language uses “The Land of Israel” to refer to the entirety of the land between the Jordan River and the Mediterranean Sea. The Times of Israel further details:
“Wasserlauf’s proposed resolution appears to be expressly focused on the issue of advancing the Jewish presence in the West Bank and throughout Israel, with the text of the resolution stating that it is applicable to government agencies involved in land allocation and construction planning, such as the Israel Land Authority and the National Council for Planning and Construction…It appears likely that a central objective of Wasserlauf’s resolution will be to further expand the West Bank settlements.”
The committee is also expected to vote on a bill to de facto annex national parks and nature reserves in the West Bank. The bill, proposed by Likud MK Danny Danon, seeks to transfer the power to declare “national sites” in the West Bank from the Defense Ministry (which is hte occupation government) to the Interior Ministry (an entirely domestic body), which is currently headed by acting Minister is Michael Malchieli (Shas). Revealing the bill’s true goal – to bring every archaeological and heritage site in the West Bank under Israeli control – the explanatory note filed with the bill reads:
“The lands of Judea and Samaria [the West Bank] are full of heritage sites of great national and historical importance to the development of settlement in the Land of Israel. In these lands, our forefathers walked, established their homes, and were exiled from these places twice in history. After nearly 2,000 years of exile, the people of Israel have returned to their land, and during the Six Day War, the lands of Judea and Samaria were liberated as well. We must recognize the history of the Jewish people that can be found in every clod of earth in Judea and Samaria.”
Amid international outcry, the committee is also expected to vote on an extremely dangerous bill targeting civil society organizations and, in particular, the human rights sector. The legislation would in effect remove the tax-exempt status of these groups and replace it with an onerous, and quite openly punitive, vindictive tax rate of 65% applied to the groups’ income and/or endowments. Please listen to a new FMEP podcast with Lara Friedman, Jessica Montell (HaMoked) and Francesca Albanese (UN Rapporteur), entitled “Israel’s new anti-NGO legislation: An Effort to Eradicate Opponents of Illiberalism”
Another bill seeks to penalize students flying the Palestinian flag on Israeli school campuses, making it a punishable offense with suspension and/or expulsion.
Bonus Reads
- “The Palestinian Village in Smotrich’s Sights” (Jewish Currents)
- “Opinion | Israel’s Absent Finance Minister Serves the Settlements” (Nehemiah Shtrasler, 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.
May 19, 2023
- Peace Now Reports: 613 New Settlement Units Advanced, Including Tender for A New Settlement – “Ariel West”
- March of Flags Expanded Route
- Gallant Orders IDF To Allow Israeli Jews to Reestablish Homesh Outpost & Yeshiva
- Smotrich is Leading a Push to Double Settler Population
- Al Walajah Checkpoint Construction Blocks Palestinians from Land
- Settler Visit to Joseph’s Tomb Causes Conflict
- MKs Oppose New Section of Security Wall, Say it Will Divide Settlements from Israel
- Bonus Reads
Peace Now Reports: 613 New Settlement Units Advanced, Including Tender for A New Settlement – “Ariel West”
Peace Now reports that Israeli planning authorities convened on May 17th to advance plans for a total of 613 new settlement units, including a move by the Israeli Ministry of Housing and Construction to re-publish a tender for the construction of 58 units constituting a new “neighborhood” of the Ariel settlement which is, in effect, a new settlement. The Civil Administration’s High Planning Committee also convened on the 17th and is expected to have issued final approval to a plan for 552 units in the Givat Ze’ev settlement, and also to have deposited for public review a plan for 2 more units in Givat Ze’ev as well as a plan for 1 new unit in the Itamar settlement (final confirmation of the Committee’s decision was not available at the time of publication). Peace Now warns that construction could commence quickly on the plan to build 552 new units in the Givat Ze’ev settlement because a contractor has already been selected. Givat Ze’ev is located south of Ramallah in an area that is on the Israeli side of the barrier.
The Ministry of Housing and Construction’s issuance of a tender to build 58 units in the Ariel settlement is final approval to build a brand new settlement, dubbed “Ariel West.” Plans for the Ariel West settlement were first made public in November 2021, after the tenders were issued under the guise of a plan to “expand” the Ariel settlement [for more on how this plan was kept quiet, see Peace Now’s detailed history]. The units for the new Ariel West settlement 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. The new settlement will be directly adjacent to the Palestinian village of Salfit, further limiting the future development of Salfit and restricting Palestinian agricultural workers’ access to land, as illustrated in this video by Peace Now. [map]
Peace Now said in a statement:
“It is clear that annexing the West Bank is the main agenda of the Israeli government. Promoting more than 600 housing units in settlements, among them a tender for the construction ‘Ariel West’, an entirely new settlement established under the official guise of a neighborhood an Ariel settlement, joins previous devastating annexationist decisions advancing annexation, made by the government, such the decision to legalise 15 outposts, the advancement of nearly 10,000 housing units in settlements, the cancelation of the disengagement law from the North part of the West Bank, the promotion of the apartheid road east of Jerusalem and the transfer of powers from the military to Minister Smotrich. Each decision alone demonstrates that the government is acting with an intention to annex the occupied territory, prevent the possibility of establishing a viable Palestinian State, and to escalate tensions between Palestinians and Israel.”
March of Flags Expanded Route
Tens of thousands of ultra-nationalist extremist Israeli Jews participated in the annual Jerusalem Day “Flag March” through Jerusalem in celebration of Israel’s (illegal) annexation of East Jerusalem in 1967. The parade drew security support from over 3,200 Israeli security forces and aerial drones, which sealed off the route of the parade and shuttered large parts of Jerusalem for Palestinians. The parade poses an annual threat of erupting into large-scale violence because it is a direct provocation – which Israeli lawmakers egg on and participate in – against Palestinians in Jerusalem. Israeli Jews participating in the parade chant Jewish Supremacist slogans and anti-Palestinian slurs including “Death to Arabs” and “May Your Village Burn,” the latter of which is particularly horrific given the pogrom Israeli settlers committed against the Palestinian village of Huwara earlier this year.
This year the Israeli government extended the route of the Flag March, which Haaretz estimated to impact at least an additional 50,000 Palestinian residents of East Jerusalem. The longer route will include stops at two East Jerusalem settlement compounds, bringing the parade for the first time through the Palestinian neighborhood of A-Tur and near the village of Ras Al-Amud. Haaretz also reports that march organizers will hold tours in Sheikh Jarrah.
Ir Amim’s Yudith Oppenheimer explained the motivation of the marchers:
“At the parade’s core lies an ideology that Palestinians ought to be humiliated and pushed to their limit; they should be reminded at every moment that they live in an occupied city where they have no authority and no place; every reaction by Palestinians must be exploited to justify increased use of force and establish more facts on the ground.This is why the parade organizers and their sponsors insist on the route going through Damascus Gate and the Muslim Quarter. And if necessary, may our city burn just to prove it.”
The Haaretz Editorial Board wrote:
“The essence of the Flag March is to poke a finger in the eye of the city’s Palestinian inhabitants, to humiliate them and to drive home the fact that 40 percent of the residents of Israel’s capital live under occupation. Absurdly, the march actually underscores the fragility of Israeli sovereignty over East Jerusalem. It takes place under heavy security provided by thousands of police officers, after the police impose severe restrictions on the Palestinian public and merchants.”
Gallant Orders IDF To Allow Israeli Jews to Reestablish Homesh Outpost & Yeshiva
On Wednesday May 17th, Defense Minister Yoav Gallant issued an order instructing the head of the IDF Central Command – Yehuda Fuchs – to sign a military order that makes it legal for Israeli Jews to enter and reside in the area of the Homesh settlement in the northern West Bank, including the Homesh settlement which settlers have been pushing to reestablish. The military order is needed even after the Knesset repealed clauses of the 2005 Disengagement Law in March 2023, which it did explicitly in order to facilitate the reestablishment of the Homesh settlement which was dismantled under the law, along with three other settlements in the area.
The Knesset’s repeal of the Disengagement Law faced international criticism, which Prime Minister Netanyahu, at the time, assuaged by issuing a statement that his government has ““no intention of establishing new settlements in the area.”
The U.S. State Department issued a statement to Israel Hayom in reaction to Gallant;s order, reiterating opposition to the reestablishment of Homesh, saying:
“The United States strongly urges Israel to refrain from allowing the return of Israeli settlers to the area covered by the legislation passed in March, consistent with both former PM [Ariel] Sharon’s and the current Israeli government’s commitments to the United States…We have been clear that advancing settlements is an obstacle to peace and the achievement of a two-state solution. This certainly includes creating new settlements, building or legalizing outposts, or allowing building of any kind on private Palestinian land or deep in the West Bank adjacent to Palestinian communities”
Further reports suggest Gallant and Smotrich are working on a plan to build the Homesh settlement on a small plot of “state land” in the settlement’s former location, which was built almost entirely on land that belongs to (and is recognized by Israel as registered as belonging to) Palestinian owners. The Israeli NGO Yesh Din noted that the repeal of clauses related to Homesh in the Disengagement Law did not change the legal status of the land, and did not create a legal option for reestablishing the Homesh settlement there. Smotrich and Gallant are apparently advancing a plan to build Homesh on the small parcel of “state land” in the area, which in effect will allow settlers – and the security apparatus that enables, accompanies, and entrenches their presence – to retain total control over the Homesh area even though the land is privately owned by Paelstinians.
As a reminder, even after the Homesh settlement was dismantled in 2005, control over the land was never returned to its owners. The area was instead declared by the Israeli army to be a closed military zone, with Palestinains, including the owners of the land, barred from access. The Palestinians owners have been fighting for the right to access their own land since 2009, with no success. At the same time, the Israeli army allowed Jewish Israeli settlers to access the area regularly, and even permitted the settlers to illegally (under Israeli law) establish a religious school and settlement outpost at the site. Rather than enforce Israel’s own laws against the settlers, the current Israeli government has agreed to grant retroactive approval to the settlers’ illegal presence, the first step towards doing so being the aforementioned repeal of clauses in the Disengagement Law that make any Israeli presence there illegal. A
Smotrich is Leading a Push to Double Settler Population
Haaretz reports that since Bezalel Smotrich was granted vast authority over civil affairs in the West Bank, he has set out to initiate wide-scale planning to add 500,000 new settlers, essentially doubling the current number of Isarelis living in the West Bank (not including East Jerusalem). This push includes orders to improve the infrastructure for every settlement and outposts (regardless of legal status) within the next two years. Smotrich is also pursuing ways by which to make it easier for settlers to cross into Israel without the hassle imposed on currently by the checkpoint system.
Haaretz further reports that Defense officials are expected to oppose Smotrich’s planning, even though detailed information has not yet been provided. In addition to security challenges to Smotrich’s plan, he also lacks the massive budget that such an effort would require.
Al Walajah Checkpoint Construction Blocks Palestinians from Land
Ir Amim reports that the Jerusalem Municipality has formally announced the start of work on a project to relocate a key IDF checkpoint leading to the Palestinian village of Al-Walajah, a village which is located on (and partially within) the southern perimeter of Jerusalem’s expanded municipal borders. The effort to move the checkpoint closer to the built-up area of Al-Walajah is part of the Israeli government’s long running effort to take control over an increasing amount of land – and importantly, the Ein Haniya spring – that historically belongs to Al-Walajah.
By relocating the checkpoint to a point closer to Al-Walajah, Palestinians from the village will no longer have unfettered access to approximately 1200 dunams of agricultural land, including the site of the Ein Haniya springs. The Ein Al-Hanya spring, which the Jerusalem Municipality declared a national park in 2013 and then spent years and millions of dollars renovating into a tourist destination, is located on land historically part of Al-Walajah and it long served as a main source of water for households, farms, and recreational purposes for the village’s residents.
Since 1967, Al-Walajah has suffered due to its location and its complicated status (much of the village’s lands, including areas with homes, were annexed by Israel in 1967, but Israel never gave the villagers Jerusalem legal residency by Israel – meaning that under Israeli law, their mere presence in their homes is illegal). Today it is acutely suffering from a multi-prong effort by the Israeli government and settlers to grab more land for settlement expansion in pursuit of the “Greater Jerusalem” agenda. This land grab campaign includes home demolitions (four homes in Al-Walajah were demolished by Israel on November 2, 2022, for example), the construction of the separation barrier and bypass roads in a way that seals off the village on three sides, and the systematic denial of planning permits.
You can join a webinar entitled “What’s Next for al-Walaja”on May 24th at 12pm eastern to learn more about al-Walajah (hosted by Ameinu, Peace Now, T’ruah, and Telos on May 24th at 12pm eastern. Register here.
Settler Visit to Joseph’s Tomb Causes Conflict
On the night of May 17th, thousands of Israeli Jews – including at least two elected officials – staged a trip to the Joseph’s Tomb site in Nablus under the heavy protection of the IDF, which attempted to enforce a curfew on nearby Palestinian neighborhoods. Clashes erupted as Palestinian confronted the parade of settlers, resulting in at least two injuries.
In response to the violence, settler leader Yossi Dagan called on Israel to take complete control over the site, to build a yeshiva there, and to “restore the ISraeli flag at this holy site and show everyone, both ourselves and our enemies, that we are not afraid.”
The tomb is located within Area A of the West Bank (where Israel does not, under the Oslo Accords, have direct control). However, Joseph’s Tomb is one of two sites in Area A which the Oslo Accords stipulate are under the control of the Israeli military. As such, it has been a perennial flashpoint, largely due to deliberately provocative actions by settlers. The whole circumstance – of settlers visiting Joseph’s Tomb – was recently called “absurd” by former IDF Major General Gadi Shamni.
MKs Oppose New Section of Security Wall, Say it Will Divide Settlements from Israel
Israel Hayom reports that the Israeli Defense Ministry is moving towards the start of construction on a very controversial section of the West Bank separation barrier near the Etzion settlement bloc. This particular section has not been built since its initial approval in 2006 because of fierce opposition to the proposed route that, even though the barrier’s route cuts deeply into the West Bank in order to keep the majority of settlements in the Etzion Bloc on the “Israeli side” of the barrier, it leaves a few settlements including Nokdim on the “Palestinian side.”
The IDF said in a statement that the project does not include the construction of concrete walls, but will feature different types of construction that cater to wildlife and the area’s topography – to include “special monitoring technology and sensors.”
Israeli lawmakers reacted negatively to the news of this project, saying that it has the potential to create a “de facto border” between the settlements and Israel proper and that it would turn settlements in the area into enclaves. This opposition is in line with the right wing demands to annex the West Bank to Israel, in which context building a barrier is viewed as conceding land to Palestinians.
For background on the separation barrier, please see B’Tselem’s explainer.
Bonus Reads
- “The Settler Terrorists in Palestinian Vineyards” (Amira Hass, Haaretz)
- “A precious resource: how Israel uses water to control the West Bank” (The Guardian)
- “When Israel’s Highest Court Assaults Human Rights” (Jessica Montell, 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.
May 12, 2023
Israeli Government Funds the De-Facto Annexation of Sebastia Archaeological Site
On May 7, 2023, the Israeli government approved nearly $9 million (NIS 32 million) for a project to develop and “renovate” the archaeological site of Sebastia, located near the Palestinian village of Sebastia, north of Nablus in the heart of the West Bank. The project includes plans to pave a new access road for Israelis to reach the site, which they currently have to access by traveling through the Palestinian village of Sebastia, which will increase and entrench Israeli control not only over the site itself but the surrounding area – effectively weaponizing archaeology as a tool for dispossession.
Emek Shaveh calls this new project “a considerable investment,” saying it “takes Israel’s unilateral actions at heritage sites in the West Bank to a new level.” The investment is in line with the current government’s coalition agreements which include a commitment to invest $40 million into a “National Emergency Plan” under which Israel must take control of heritage sites across the totality of the West Bank, without regard to the Oslo-defined Areas A, B, and C. The Sebastia archaeological site straddles the line designating Areas B and C, with most of the site is in Area C. The Palestinian village of Sebastia – which settlers travel through to reach the site – is in Area B entirely.
Settlers have been openly agitating for Israel to assert control over the archaeological site in Sebastia for years, and the settler Samaria Regional Council organizes regular tours to the site. To secure the settlers’ visits, the IDF shuts down the town of Sebastia, closing Palestinian streets and businesses. As in other cases across the West Bank, settlers allege that Palestinians are damaging the Sebastia site and that the Israeli government needs to intervene. In 2021 amidst intensifying settler efforts related to the site, the Palestinian Foreign Ministry called on UNESCO to “protect all Palestinian archaeological and religious sites from Israeli violations, attacks and falsifications.” The archaeological site of Sebastia is on the tentative list of World Heritage sites in Palestine.
As a reminder: in January 2023 the Israeli government took a decision to transfer the Israeli Antiquities Authority (IAA) from the Ministry of Culture to the Ministry of Heritage, which is now headed by MK Amihai Eliyahu (Jewish Power). The IAA exercises authority over heritage and archaeological sites in Israel, including East Jerusalem, but has increasingly expanded its authorities into Area C of the West Bank, at the expense of the Staff Officer for Archaeology within the Civil Administration, who has historically been in charge. The government also tasked Eliyahu with preparing an emergency plan to “safeguard” antiquity sites in the West Bank specifically. Settlers have spent years alleging that Palestinians and the Palestinian Authority neglect and damage heritage sites, allegations which, turns out, have created a basis for the government to take control over those sites. The government allocated NIS 150 million to the effort.
Emek Shaveh further explains the history and politicization of this archaeological site:
“The battle over Sebastia is also played out in the narratives each side presents to the public. The informational material distributed by the PA does not include an explicit reference to the Kingdom of Israel or to the Hasmonean connection. On the other hand, in recent years the settlers have been rehabilitating the figure of Omri, a King of the Kingdom of Israel, in an effort to imbue Sebastia with greater nationalist significance. Sebastia also holds a special place in recent history for the settlers because it is the place where the leaders of Gush Emunim, the group that first fought for the establishment of settlements in the West Bank in the 1970s, celebrated the government’s agreement to establish the first settlement in the area in 1975.
In tandem with the growing campaign of recent years to apply full Israeli control over Sebastia, larger numbers of Israelis visit the site every week in buses organized by the Samaria Regional Council and accompanied by soldiers.
Sebastia, is a declared national park. National parks and nature reserves in Area C of the West Bank are managed by the Civil Administration and are referred to as “parks”. Their total area spans approximately 500,000 dunams and constitutes roughly 14.5% of Area C. Palestinians’ rights are violated in these territories through various means. In the Ein Prat Nature Reserve, for example, landowners cannot cultivate their land as their access is restricted. In Herodion National Park and Nabi Samuel, residents can neither construct nor renovate their homes.”
Emek Shaveh Warns Israel Is Moving Towards Start of East Jerusalem Cable Car Construction
Emek Shaveh warns that over the past several months a planning committee has approved several contracts that indicate the committee is barrelling towards issuing the long-anticipated (and long-feared) tender for the construction of the East Jerusalem Cable Car project, possibly as soon as next week.
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. While public efforts to “sell” the cable car plan 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. The State of Israel was 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.
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).
The cable car project received final approval in May 2022, but the tender for construction has yet to be issued. Emek Shaveh speculates that the cable car tender might be issued on Jerusalem Day – which will be celebrated with ultranationalist, racist parades through the Old City next week — on May 18th and 19th. Emek Shaveh further warns that several other settler projects in East Jerusalem, including the Ben Hinnom suspension bridge and the zip line over the Peace Forest, are nearing completion and might also be part of Jerusalem Day celebrations.
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. All objections to the plan were dismissed in May 2022.
Supreme Court Dismisses Regavim Effort to Force Immediate Demolition of Khan Al Ahmar
On May 7th, the Israeli High Court dismissed a new petition submitted by the Regavim settler organization (which Bezalel Smotrich, a top official in the current government, co-founded) seeking to force the government to immediately demolish the Khan Al Ahmar bedouin community. The Court granted the government yet another delay in demolitioning the village, saying that the delay was granted due to “diplomatic and security matters of the highest level.” In requesting this most recent delay, the Israeli government reassured the Court that it fully intends to demolish Khan Al Ahmar in the future and is in “negotiations” with its residents regarding their forcible removal.
In response, Regavim called the current government a “disgrace.”
Bezalel Smotrich, who serves as both the Finance Minister and a minister in the Defense Ministry with broad, unchecked authorities over civil affairs in the West Bank, made a remarkable statement, saying the quiet part out loud:
“Khan al-Ahmar will be evicted not because its illegal. (But because)it sits in a strategic area…this is the area that will determine if God forbid there will be an Arab territorial continuum”
While the Israeli government has taken a cautious approach to demolishing Khan Al-Ahmar – largely in consideration of international pressure – the government showed no restraint in demolishing an EU-funded school near Bethlehem. The school served 60 Palestinian children.
Regavim is also behind this demolition, which was carried out by the government in defiance of a request from the EU to not do so. In a statement, the EU said that demolitions like this are:
“illegal under international law, and children’s right to education must be respected. The EU calls on Israel to halt all demolitions and evictions, which will only increase the suffering of the Palestinian population and risk inflaming tensions on the ground.”
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.
May 5, 2023
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- Planning Initiated for New East Jerusalem Settlement Enclave, Kidmat Zion
- May 8 Hearing Set to Advance Plan Massively Expanding Nof Zion Settlement Enclave
- Israel Announces Start of Construction of the “Sovereignty Road,” Which Enables E-1 Construction & Annexation of Area C
- IDF Created Unit Specifically for Radical, Violent “Hilltop Youth” Settlers to Terrorize
- Two Major New Reports: Amnesty on Surveillance and B’Tselem on Water
- Bonus Reads
Planning Initiated for New East Jerusalem Settlement Enclave, Kidmat Zion
Ir Amim reports that on April 27th a new plan was submitted to the Jerusalem District Planning Committee outlining the construction of a new settlement in East Jerusalem, between the Ras al-Amud neighborhood and the Israeli separation barrier, with the Abu Dis neighborhood on the other side of the wall. This new enclave – dubbed Kidmat Zion – is slated to have 384 settlement units built on a strip of land surrounded by Palestinian neighborhoods and only accessible by driving through the densely populated areas of Ras Al-Amud.
The plan is being promoted by an affiliate of the Ateret Cohanim settler group – Bahorim Company – which filed documents with the planning committee that show it (Bahorim) only owns 10% of the land the new plan seeks to build on. The land is unregistered, but Bahorim submitted a table of ownership purporting to show that dozens of plots were owned by Jews prior to 1948, still other plots are owned by settler affiliated groups including one run by U.S. millionaire and settlement financier Irving Moskowitz, and 1 or 2 plots are owned by Palestinians. Part of the land is owned by the Israeli Custodian General, and though it is unknown whether or not the Israeli government is involved in the promotion of this plan Ir Amim speculates:
“Although this does not appear in the documents published thus far, it is possible that the General Custodian is involved in the plan’s preparation, which could explain how Bahorim Ltd. has submitted a plan while only allegedly owning 10% of the area. Last year, the General Custodian covertly transferred into its management 12 dunams of land near the area designated for the new settlement and subsequently completed land registration of the property. The assumption is that the General Custodian likely intends to advance another settlement plan on these respective dunams of land. It should be noted that the General Custodian has become one of the leading state institutions who works in close cooperation with settler groups to expand Jewish settlement in East Jerusalem.”
May 8 Hearing Set to Advance Plan Massively Expanding Nof Zion Settlement Enclave
Ir Amim reports that on May 8th the Jerusalem District Planning Committee is scheduled to take up a plan to massively expand the Nof Zion settlement enclave located in the middle of the Palestinian East Jerusalem neighborhood of Jabal Mukaber. The Committee is set to hold its second discussion to decide whether to submit the plan for public objection; it’s first discussion in March 2023 resulted in the committee sending the plan back to its initiators for a few minor revisions.
The plan – called “Nof Zahav” – would allow for 100 new residential units and 550 hotel rooms in the settlement enclave, which currently consists of 95 units, plus another 200 under construction. In order to provide sufficient land for this expansion, the Jerusalem Planning Committee is simultaneously advancing another plan to relocate an Israeli police station [the Oz station], currently located on the border of Jabal Mukaber, to a new site across the street. This will leave its original location free for the planned expansion of Nof Zion, while the new site will become a massive new Israeli security headquarters. Ir Amim filed a petition against the police station plan, arguing that it is an affront to the planning needs of the local community and that it represents a continuation of Israel’s systematic, city-wide discrimination against the housing, educational, and service-based needs of Palestinian neighborhoods.
Israel Announces Start of Construction of the “Sovereignty Road,” Which Enables E-1 Construction & Annexation of Area C
Peace Now reports that the Israeli Civil Administration has announced that it will begin preparatory work for the so-called “Sovereignty Road” in early May. Terrestrial Jerusalem further reports that In recent days, Israeli authorities have: issued notices to Palestinian landowners whose land will be seized for construction of the road, began testing borings where the road will be paved, and allocated millions of shekels to fund components of the road. If built, the “Sovereignty Road” will seal and divert Palestinian traffic around the area where Israel intends to build the E-1 settlement just east of Jerusalem. [map]
The road was dubbed as the “sovereignty road” by Naftali Bennett, in light of Bennett’s argument that the Palestinian-only, Israeli-controlled road answers key international criticism over the ramifications of the construction of the E-1 settlement. For decades, construction of the E-1 settlement – which is scheduled for its final discussion on June 12th – has been adamantly opposed by the international community because, in part, it would effectively cut the West Bank in half – preventing any two-state solution. The new road has long been Israel’s answer to that criticism, with Israel arguing that it will replace territorial contiguity with limited “transportational continuity” – via a sealed road that is under Israel’s total control.
However, in order to plan for the road, Israel has had to make more than a few exceptions to its own planning laws (suggesting again that for Israel, “rule by law” rather than “rule of law” is the prevailing paradigm). Peace Now explains:
“Officially, the planned road is defined as a ‘security road’. The excuse for its construction is the intention to build the separation barrier around the Ma’ale Adumim settlement bloc, which is defined as a security need. As a derivative of this, there is a need to build a road that will allow the continuation of the ‘abric of life’ of the Palestinians travelling from north to south of the West Bank. Furthermore, by being defined as a security road, it is not brought for planning approval in the Higher Planning Council of the Civil Administration. Subsequently, the public is not given the opportunity to object to it, as in a formal planning process. Seemingly, this is because the State of Israel has no official authority to plan this road as significant parts of it pass through Area B (see map). According to the 1995 Interim Agreement with the Palestinians, planning authority in it is given only to the Palestinian Authority. To bypass this, the Ministry of Defense chose to define the road as a security road. The lands taken for its construction do not go through a process of seizure for public purposes, but rather a process of military seizure, and therefore the planning process is done behind closed doors.”
Terrestrial Jerusalem explains the significance of this road:
“this [road] is the last link in the creation of an ‘Israel-only’ national road grid in Area C, located to the East of East Jerusalem. The completion of this road will be a quantum leap towards de facto annexation of a large portion of Area C. Dovetailed with E-1, and the demolition of Khan al Ahmar, which are intimately-linked to the road project, would further solidify the irrefutable reality of de facto annexation.”
IDF Created Unit Specifically for Radical, Violent “Hilltop Youth” Settlers to Terrorize
An investigation by +972 Magazine and Local Call has revealed that two years ago the IDF created a special unit – “Desert Frontier” – composed mostly of settlers from the Hilltop Youth movement who are known to the army to be violent. The unit is based in the West Bank, operating now almost entirely in the Jordan Valley, and its soldiers police the area to assert Israeli control and presence, protecting settlers and outposts while harassing Palestinians and clearing them out of Israeli declared firing zones. +972 obtained testimony of at least 12 incidents in which the “Desert Frontier” perpetrated terrible interrogations and beatings of Palestinians – often driving their victims to remote areas in the desert and leaving them there without a phone or keys, sometimes blindfolded and handcuffed.
According to a security official who spoke to +972 on the basis of anonymity said that the idea behind the unit was/is to rehabilitate hilltop youth members, who are not only notoriously and violently anti-Palestinian, but who also regularly challenge the Israeli government’s authority. The source said the unit “consists mainly of hilltop youth … the extreme of the extreme, who otherwise would not have enlisted.”
Two Major New Reports: Amnesty on Surveillance and B’Tselem on Water
In case you missed it, two new reports have been released this week that are worth reading for those tracking settlements and annexation.
Amnesty International released “Automated Apartheid: How facial recognition fragments, segregates and controls Palestinians in the OPT”, revealing new information about Israel’s use of technology to enforce apartheid rule in the OPT. The publication of the report was covered by The New York Times.
B’Tselem released “Parched: Israel’s Policy of Water Deprivation in the West Bank.” The report details how Israel uses water rights and planning to strengthen its control over the West Bank and advance the apartheid regime’s principles: reinforcing and entrenching Jewish supremacy in the entire area between the Jordan River and the Mediterranean Sea.
Bonus Reads
- “Recent Developments in the Situation of Palestinian and Israeli Human Rights Defenders – April 2023” (Human Rights Defenders Fund)
- “Israelis Settlers Suspected of Assaulting Two Palestinian Men in West Bank” (Haaretz)
- “Legalizing the Younger Settlement Enterprise (Hanan Greenwood / Israel Hayom)
- “Israel Razed the Last Orchard in Silwan in Search of Siloam Pool. It Still Can’t Be Found”
- “Netanyahu Meets with Settler Leaders” (Arutz Sheva)
Welcome to FMEP’s Weekly Settlement Report, covering everything you need to know about Israeli settlement activity this week.
To subscribe to this report, please click here.
April 28, 2023
- Israel Introduces Second Plan to Expand Givat Hamatos Settlement in East Jerusalem
- State Tells Supreme Court: Timeline for Khan Al-Ahmar Demolition Should be Decided by Government
- Israeli Ministers & Settlers Celebrate Israel’s 75th by Storming Homesh Outpost
- Israeli Transportation Ministry Requests $960 Million for West Bank Projects
- Bonus Reads
Israel Established a New Settlement – Secretly – North of Ramallah
Peace Now reports that the Civil Administration’s High Planning Committee secretly approved a plan to, in effect, establish a brand new settlement. The plan, which is framed as a new “neighborhood” of the settlement of Talmon, located northwest of Ramallah, allows for 189 settlement units to be built in an illegal outpost called “Zayit Raanan.” In reality, the site of the new “neighborhood” – on land designated by Israel as “state land” – is closer to the Palestinian villages of Beitillu and Deir Ammar than to the Talmon settlement, and the area between the outpost (now a de facto new settlement) and Talmon is crowded with three other settler outposts that were built illegally but later granted retroactive legalization by the Israeli government, also under the guise of “neighborhoods” of Talmon.
This new settlement is just one piece of a much larger story – – the story of how the Israeli government has established settlements and outposts as a means of expanding its control of land in a critical area of the West Bank, where there are many Palestinian population centers. Peace Now explains:
“From a political perspective, the establishment of the settlement of Zayit Raanan is part of a plan to create a ‘settlement bloc’, in an area adjacent to Ramallah from the west, with the aim of impeding the expansion of the Palestinian city and other Palestinian villages and towns around the area. Virtually, the bloc creates Palestinian enclaves surrounded by settlements from almost every direction, which negatively impacts Palestinian development and access to their lands. Another goal is to create a ‘finger’ of settlements from Modi’in Illit settlement, through the Nili settlements, all the way to the depth of the West Bank. The settlement bloc is composed of the settlements of Talmon, Dolev, and Nahliel, as well as numerous outposts, many of which have been legalized or are in the process of legalization (Harasha, Horesh Yaron, Kerem Re’im, Neriya), and through the seizure of additional lands along various roads, including agricultural farms (Eretz Zvi, Sde Ephraim), and tourist sites (Nabi Aner). The establishment of Zayit Raanan as an independent settlement adds to these efforts.”
State Tells Supreme Court: Timeline for Khan Al-Ahmar Demolition Should be Decided by Government
On April 24th, the Israeli government submitted its latest filing with the Supreme Court, seeking to again delay the court-ordered demolition of the Khan Al-Ahmar bedouin village on the outskirts of Jerusalem. In its filing, which was filed a day late because of internal dissent within the Israeli Security Cabinet, for the first time the State asked the Court not only to delay the forcible removal of Khan al-Ahmar but for the Court to withdraw its underlying order, arguing that the State should be able to decide when to carry out the demolition in light of “diplomatic and security” concerns (all the while affirming its commitment to the forcible dispossession of the bedouins who live there currently, which will be a war crime).
The filing submitted on April 24th also informed the Court that the State is conducting “negotiations” with the residents of Khan Al-Ahmar in an attempt to convince them to leave the area without force. The filing mentions that one possible plan was agreed to in 2022 (under the Bennett government), but shelved by the government when it was leaked to the public. Reports from 2022 suggested that the government’s plan was to relocate the Khan Al-Ahmar community to lands some 300 meters from where it currently stands.
The filing to the court was due on April 23rd, but Finance Minister Bezalel Smotrich caused a crisis, accusing Prime Minister Netanyahu of violating his coalition agreements by delaying the demolition of Khan Al-Ahmar, and saying that the government’s brief did not reflect his (Smotrich’s) policy and should not be submitted. Smotrich was reportedly not involved in drafting the brief, even though he has broad authority over construction matters in Area C of the West Bank, where Khan al Ahmar is located. It’s worth recalling that Smotrich is the former head of the right-wing organization Regavim. Regavim, it should be recalled, is the right-wing organization behind the underlying 2009 petition to force the government to destroy the village, based on the argument that the community lacks the required Israeli building permits (permits that are nearly impossible to receive from Israel).
Haaretz (very) recently published an article exploring the reach of Regavim and its principles, calling it “an organization waging total war on Palestinian construction.” The article lays out the breadth of Regavim’s political agenda – from demolitioning Khan Al-Ahmar to obstructing the recognition of Bedouin villages in the Negev, and issuing a blanket denial to any new Palestinian construction in Area C – and highlights how today key former Regavim officials have obtained top government positions overseeing official Israeli policy on the very issues on which Regavim works.
Israeli Ministers & Settlers Celebrate Israel’s 75th by Storming Homesh Outpost
On Israeli Independence Day (April 26th), hundreds of Israelis illegally entered the area where the Homesh settlement once stood, continuing their demand for the government to reestablish the settlement. Finance Minister and head of the Defense Ministry’s new Settlements Administration Bezalel Smotrich (effectively the sovereign authority in the West Bank), was in attendance.
At the event, Smotrich said:
“Just recently we passed the cancellation of the Disengagement Law…and now we are promoting the recognition of young settlements…We will continue to promote settlement in the coming years more vigorously.”
Israeli Transportation Ministry Requests $960 Million for West Bank Projects
JNS reports that the Israeli Ministry of Transport and Road Safety recently submitted a budget request in which $960 million is earmarked over 5 years for transportation projects in the West Bank – nearly 25% of the total Ministry’s total budget request. Over half of the total funds ($547 million) are for its project to widen Route 60, the main north-south highway in the West Bank.
Other projects specified in the budget include $55 million for a new bypass road for settlers that will circumvent the Palestinian village of Al Funduq; a $100 million to widen the access road leading to the Beit El settlement; and, $137 million to widen and expand the highway connecting the Ariel settlement to the Tapuah Junction. For a more detailed analysis of the roads budget, see this detailed analysis from Yehuda Shaul.
In a deeply researched report on how Israelis uses infrastructure projects (like roads) as a means for settlement expansion and annexation, Breaking the Silence explains:
“While Israeli authorities justify many of the projects…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. 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.”
Bonus Reads
- “Israelis Use Palestinian Land Near the Separation Barrier as a Cattle Pasture” (Haaretz)
- “After Settler Attacks, a Palestinian Town Fears for Its Survival” (New York Times)
- “Religious, settler groups lead charge on Thursday’s pro-overhaul ‘Million March’” (The Times of Israel)
Welcome to FMEP’s Weekly Settlement Report, covering everything you need to know about Israeli settlement activity this week.
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April 20, 2023
- Israel Introduces Second Plan to Expand Givat Hamatos Settlement in East Jerusalem
- After 15 Yrs of Work, Jerusalem Govt Withdraws Support for Private Plan to Build First new Palestinian Neighborhood in East Jerusalem since 1967
- Following Repeal of Disengagement Law, Israel Dismisses Cases Against Settlers Who Violated It
- On the Potential for Mass Expulsion of Palestinians via West Bank Land Registration
- Bonus Reads
Israel Introduces Second Plan to Expand Givat Hamatos Settlement in East Jerusalem
Ir Amim reports the Jerusalem Municipality recently initiated a new plan – called “Tzmerot” – to massively expand the current construction outline for the Givat Hamatos settlement in East Jerusalem. The new plan would add an additional 1,200 units to the existing plan, bringing the total number of settlement units to be built in Givat Hamatos to 3,810 (assuming, conservatively, an average family size of 5, this means housing for an additional nearly 20,000 Israelis). Israel issued tenders for more than 2,000 units in Givat Hamatos in January 2021, just before Trump left the U.S. presidency, and preparations for construction have started (actual construction has not).
This is the second plan the Israeli government has initiated so far this year to significantly expand the plan for Givat Hamatos. The first – known as the “East Talpiyot Hill” plan – was introduced in January 2023 and provides for the construction of 3500 units and 1300 hotel rooms on a strip of land adjacent to the land alloted to Givat Hamatos.
Collectively, the East Talpiyot Hill plan would increase the size of Givat Hamatos by 40%, expanding it eastward and connecting it with another new settlement plan – the “Lower Aqueduct Plan.”
Taken together — this latest Givat Hamatos expansion plan (Tzmerot), combined with the the East Talpiyot Hill plan, the Lower Aqueduct Plan, and the plan for a new settlement known as “Givat HaShaked” to the north of Givat Hamatos — these plans ultimately would create an unbroken string of settlements spanning from Gilo to Har Homa, in the process completely encircling the East Jerusalem Palestinian neighborhood of Beit Safafa with Israeli settlement construction. For this reason, Givat Hamatos has long been regarded as a doomsday settlement for parties interested in a negotiated two-state solution.
Ir Amim explains:
“The Tzmerot plan calls for four high-rise apartment buildings – two of which will include 12 floors, while the other two will include 42 and 35 floors. This stands in stark contrast to the surrounding Palestinian neighborhoods which face strict building restrictions, including those that preclude the construction of residential buildings beyond four-six levels. The municipality’s willingness to expand building rights for residential development when it is Israeli construction further exemplifies the extent of planning and housing discrimination in Jerusalem.
The initiative for the new plan came as part of an agreement between the Jerusalem municipality and Shikun & Binui against the backdrop of a conflict concerning the company’s construction rights in a West Jerusalem neighborhood known as Kiryat HaYovel. Residents of the neighborhood strongly opposed the planned construction, compelling the municipality to intervene. According to the agreement, Shikun & Binui will give up construction in Kiryat HaYovel in exchange for receiving increased construction rights for residential development beyond the Green Line in Givat Hamatos.”
After 15 Yrs of Work, Jerusalem Govt Withdraws Support for Private Plan to Build First New Palestinian Neighborhood in East Jerusalem since 1967
Haaretz reports that the Jerusalem Municipality has retracted its support for a private, Palestinian-led project to build a new neighborhood in East Jerusalem, after signaling its support for the plan for the past 15 years. The project would have been the first new neighborhood developed specifically for Palestinians since Israel annexed East Jerusalem in 1967 (reminder: during the nearly 56 years since it gained control over East Jerusalem, Israel has undertaken massive, government-backed construction of new neighborhoods, aka settlements, throughout East Jerusalem). Sources told Haaretz that Jerusalem Mayor Moshe Leon withdrew his support out of concern that approval of the project could become a political liability for him in local elections to be held later this year.
Ir Amim comments:
“While the Israeli authorities continue to deplete all vacant land in East Jerusalem to promote new Israeli settlements, they refrain from initiating residential projects for Palestinian areas and effectively obstruct the advancement of Palestinian-initiated plans. One recent example is the municipality’s withdrawal of support for the first planned new Palestinian neighborhood since 1967 in an area known as Tel Adsa, adjacent to Beit Hanina along the northern perimeter of East Jerusalem. Initiated by private Palestinian landowners from Beit Hanina, the plan had originally received support from the municipality. After enormous funds had been invested in the plan’s preparation, when the time came for discussion of the plan’s approval, the municipality withdrew their backing, citing claims that the plan did not comply with new planning policy for open spaces.
Yet, such claims contradict the fact that a myriad of similar plans are being promoted for Israeli settlements in such spaces. Not only does this reveal the baseless nature of the claims, but also underscores the rampant planning and housing discrimination leveled against Palestinians in Jerusalem.
Despite Palestinians constituting nearly 40% of the city’s population, not one new neighborhood has been approved or constructed for Palestinians since 1967, while existing Palestinian neighborhoods face major building restrictions. Such a reality serves as a major impediment for Palestinians to remain in the city, which ultimately becomes a mechanism of forced displacement. These policies and practices enable Israel to seize more land in East Jerusalem while also acting as form of population control in service to Israel’s longstanding territorial and demographic goals. Such measures deprive Palestinians of basic rights to housing and shelter and constitute a severe violation of International Law while undermining any potential for an agreed political future.
The Israeli government must be held accountable to afford equal rights to all populations in Jerusalem.”
Following Repeal of Disengagement Law, Israel Dismisses Cases Against Settlers Who Violated It
The Petah Tikva Magistrates Court has tossed out several indictments of settlers who illegally entered the site of the former Homesh settlement and illegally established a yeshiva there. The settlers were banned from entering the area as part of the 2005 Disengagement Law, which among other things legislated the evacuation of four settlements in the northern West Bank and banned Israelis from entering the area. The Israeli Knesset recently repealed the clauses in the Disengagement Law relating to those four settlements, effectively ending the ban on Israeli entry to the area, and providing a pretext for the Court to drop the cases (notwithstanding the fact that the settlers’ actions brazenly violated the law at the time).
Yesh Din – an Israeli organizations which has fought for years to have the illegal outpost known to settlers as the Homesh yeshiva removed and for the land to be returned to its Palestinian owners – responded that the dismissal of these criminal cases:
“[sends] a clear message that the State of Israel encourages stealing from and banishing Palestinians.”
As a reminder, the Homesh settlement was built almost entirely on land that belongs to (and is recognized by Israel as registered as belonging to) Palestinian owners. Yet, after the Homesh settlement was dismantled in 2005, control over the land was never returned to its owners. The area was instead declared by the Israeli army to be a closed military zone, with Palestinains, including the owners of the land, barred from access. The Palestinians owners have been fighting for the right to access their own land since 2009, with no success. At the same time, the Israeli army allowed Jewish Israeli settlers to access the area regularly, and even permitted the settlers to illegally (under Israeli law) establish a religious school and settlement outpost at the site. Rather than enforce Israel’s own laws against the settlers, the current Israeli government has agreed to grant retroactive approval to the settlers’ illegal presence, the first step towards doing so being the aforementioned repeal of clauses in the Disengagement Law that make any Israeli presence there illegal. As Yesh Din has noted, repealing the West Bank-related clauses in the Disengagement Law does not change the legal status of the land, which Israel has recognized as privately owned by Palestinians. This means, according to Yesh Din, that Israel still has “no legal option for legalizing the [Homesh] outpost.” Based on the commitments made by this new government, it seems probable that this legal “problem” will be just one more challenge to be overcome.
Shmuel Wendy, a settler who participated in establishing the illegal yeshiva at Homesh, told the Times of Israel:
“Along with our happiness over the cancellation of the Disengagement Law, we still expect the yeshiva to soon be approved.”
On the Potential for Mass Expulsion of Palestinians via West Bank Land Registration
Writing in Jewish Currents, FMEP non-resident fellow Peter Beinart argues (agreeing with decades of Palestinian warnings) that the mass expulsion of Palestinians by Israel – a second Nakba – is not a far-fetched worry but an idea with deep roots and currency amongst Israeli lawmakers. Beinart posits that, “It’s impossible to know how mass expulsion might occur. But one clue lies in the coalition agreements that lay out the current government’s agenda. The agreements call on the government to launch a process of land registration in the West Bank.”
In the West Bank, successive Israeli governments have already laid the groundwork for re-starting the process of land registration with the urging and fervent backing of settlers who see the process as a massive opportunity for the state to declare more land to be “state land” and take control over it. Only one-third of West Bank land was registered and titled (under the British Mandatory government and then continued by Jordan) when Israel seized control of the West Bank and froze land registration proceedings.
Some key pieces of that groundwork that have already been laid – not only to restart the land registration process but to utilize it as a means for the seizure of massive amounts of West Bank land – include:
- In September 2021, the Jewish National Fund (JNF) announced that it had approved funds for an effort to systematically register West Bank lands that it claims to have purchased from the Israeli Custodian General. Ir Amim warned that the JNF’s land registration effort could result in land takeover of an “alarming magnitude.” As a reminder, the JNF, established in 1901, devoted itself to buying land for Jews. Today, the JNF owns about 15% of all the land inside the Green Line (a figure which stands to increase if the review process leads to more properties being registered to the JNF). In addition, the JNF has used two subsidiary companies – both called Himanuta – to purchase land in the West Bank, even though the stated JNF policy did not support such purchases. Peace Now reports that the JNF, via Himanuta, has already purchased over 16,000 acres (65,000 dunams) across the West Bank.
- In December 2020, the Israeli High Court of Justice issued a ruling in favor of the Kochav Yaakov settlement, signaling the Court’s willingness to sidestep Ottoman and Jordanian land registration practices when deciding land ownership claims (which since 1967 Israel has recognized as applicable in the West Bank and East Jerusalem). The Court appeared to accept the settlers’ argument that the Court should care about what has happened on the land since the Jordanian land registration process was frozen, not about what existed at the moment the law was frozen. This argument, by design, favors the settlements and the settlers, who since 1967 have been able – with the backing of the state and the permission of the Courts – to illegally establish settlements and outposts while also preventing Palestinians from accessing their land.
- In November 2020, the Israeli Attorney General offered support to a recommendation by COGAT to re-start land registration across the West Bank, a recommendation which was the result of a campaign by the far right-wing Israeli NGO known as Regavim (which today has deep ties in the current government) to push the government to seize more land in the West Bank via declarations of state land.
- In August 2020 the Israeli State Comptroller issued a report that criticized the Defense Ministry for having an incomplete land registry of the West Bank.
By contrast, in East Jerusalem (which Israel annexed in 1967) the Israeli government announced its intention to start land registration in 2018 and to complete the process by 2025 (which the government framed as an effort to “Reduce Socio-Economic Gaps and Advance Economic Development in East Jerusalem”). Since then, the government has carried out land registration mostly in secret and for the exclusive benefit of settlers, including in Abu Dis, Sheikh Jarrah, near Al-Aqsa, and possibly with regard to the Sharafat neighborhood and the Givat HaShaked settlement.
The Israel-run process of registering ownership of land in East Jerusalem land will have far-reaching consequences for Palestinians, who have not had a formal legal avenue for registering land ownership since East Jerusalem was annexed by Israel in 1967. Palestinians who wanted/needed to prove their land ownership were forced to rely on the “mukhtar protocol” — a procedure in which Palestinians in East Jerusalem document/prove ownership by collecting signatures from local Palestinian leaders acknowledging that the land in question does, indeed, belong to them. This policy was developed by the Israeli government as an alternative to the formal land-registration process.
In 2019, a mini-saga over the “mukhtar protocol” revealed the uphill battle facing Palestinians if formal registration proceeds. In March 2019, the Jerusalem Planning & Building Committee, at the urging of the Regavim settler group (acting with the clear goal of preventing Palestinian development and undermining Palestinian land ownership claims to land in the city), annulled the mukhtar protocol as a legally acceptable basis for establishing land ownership in the eyes of the Israeli government, putting Palestinian land ownership in East Jerusalem in limbo. The result: having no recognized means to prove their land ownership, Palestinians were prevented from building in East Jerusalem. One month later, the Israeli authorities reversed the decision and again recognized the mukhtar protocol, reportedly following appeals to Jerusalem Mayor Moshe Leon by a city council member. The incident highlights how precarious Palestinian land ownership in East Jerusalem is.
Key resources on land registration (aka “Settlement of Title”) are:
- “Settlement of Land Title in East Jerusalem: A Means of Dispossessing Palestinians from their Lands and Homes” (Ir Amim, March 2022)
- “Ill Gotten Gains: Theft of Palestinian land – declaring “state land” where settlement of title was halted when Israel occupied the West Bank” (Yesh Din, March 2021)
- “A Settler Tool & A Catch-22 for Palestinians: Land Registration in East JerusalemA Settler Tool & A Catch-22 for Palestinians: Land Registration in East Jerusalem” (Podcast w/ Amy Cohen/Ir Amim and Kristin McCarthy/FMEP, September 2022)
- “The registration of Palestinian properties is aimed at transferring them to Israeli authorities” (Miftah, October 2021)
Bonus Reads
- “How the ‘Poor People of Galicia’ Defeated an Elderly Palestinian Couple” (Haaretz)