Settlement & Annexation Report: April 14, 2023

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

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April 14, 2023

Thousands of Israelis – Including Ministers Smotrich & Ben Gvir – March to West Bank Outpost Site
Somtrich Meets with Settler Leaders to Discuss Security Needs; Settler Calls for Collective Punishment of Palestinians
Bonus Reads

Thousands of Israelis – Including Ministers Smotrich & Ben Gvir – March to West Bank Outpost Site

On April 10th, an estimated 50,000 Israelis were permitted to stage a massive march through a part of the West Bank that is the area of operations of some of the West Bank’s most extreme and violent settlers. At least 20 Israeli lawmakers and seven ministers participated in the march and subsequent rally, including longtime Greater Israeli acolytes Minister of National Security Itamar Ben Gvir and Bezalel Smotrich, who is the de facto sovereign authority in the West Bank.

The march started from the Tapuah Junction (itself located deep inside the West Bank) and ended at the site of the illegal Evyatar outpost in the central West Bank. Organizers said the march was staged in response to the deaths of two British-Israeli sisters killed by a Palestinian gunman on April 9th (the girls’ mother was also wounded in the attack and later died).

As a reminder, Evyatar is an illegal outpost (established by settlers in violation of Israeli law, in addition to international law). It 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. This week’s march continued that campaign, with march organizers hosting a carnival-like rally at the Evyatar site and demanding that the government grant the outpost retroactive legalization. Importantly and perhaps tellingly, Haaretz reports that this is 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.

While marching, Minister Smotrich told Haaretz:

“We’re building here and financing roads and Infrastructure… God willing, we’ll bring here another half a million Jews on top the half a million that are all ready here.”

Revealingly, when asked why the government had not yet given the Evyatar outpost full authorization, Religious Zionism lawmaker Zvi Sukkot said that is will happen soon, explaining:

“There’s a certain order to these things..We got the responsibility for the Civil Administration only recently…legalizing such an outpost takes time. We’re not afraid of America.”

Ben Gvir said in a speech to the crowd:

“We’re returning home to the Land of Israel and to the Temple Mount and Jerusalem… We legalized nine outposts and god willing we’ll legalize and build more… The answer to terror is to keep on building more.”

The march ended on Mt. Sabih, where the outpost of Evyatar (currently uninhabited by settlers) still stands. Mt. Sabih is land that has historically belonged to the nearby Palestinian villages of Beita, Yatma, and Qablan. Palestinians from the area attempted to protest the march, and in response the IDF used tear gas and rubber coated bullets in order to keep Palestinians away from the thousands of marchers. 216 Palestinians were reportedly wounded as a result of IDF actions, 22 with wounds from rubber-tipped bullets and 2 by tear gas canisters to the head. Clearly identified members of the press were also targeted and injured, with camera capturing an Israeli soldier deliberately throwing a tear gas canister at a journalist. As a reminder: Evyatar became a recurring headline news story mostly as a result of the determined effort by Palestinians from Beita to protest the outpost and to resist the Israeli government’s efforts to retroactively legalize it. Along the way, Beita has seen incredible violence and tragedy in the past two years, as weekly protests near the site of Evyatar outpost have been met with harsh and violent actions by the IDF to quash the protests, resulting in the deaths of at least seven Palestinian protesters.

An entire Israeli army battalion was reassigned from other duties to protect the marchers, despite the fact that many senior security officials were reportedly opposed to the march, in large part because it forced the IDF to divert so many resources at a time when Israeli security forces are dealing with challenges in the West Bank, in East Jerusalem, from Gaza, and from Lebanon (not to mention recent actions against Syria). These concerns notwithstanding, the head of IDF Central Command, Maj. Gen. Yehuda Fuchs, ultimately gave approval for the march to take place.

Steps taken by the IDF to secure the event included closing a number of area roads, including Route 505, which connects the Nablus area to the Jordan Valley. Palestinian schools in the area were also closed and classes were held online (Palestinian schools are often targeted and damaged by settlers). And notably, the route of the march passed alongside the village of Huwara, which was the site of a recent pogrom carried out by settlers.

Somtrich Meets with Settler Leaders to Discuss Security Needs; Settler Calls for Collective Punishment of Palestinians

On April 8th, Bezalel Smotrich – acting in his capacity as a minister within the Defense Ministry with virtually unchecked power over civil affairs in the West Bank – held a meeting with fourteen settler leaders to discuss the security situation in the West Bank. During the meeting, the settler leaders asked Smotrich for the following, to which Smotrich reportedly agreed:

Additional IDF checkpoints throughout the West Bank;
An Israeli-led operation to collect weapons from Palestinians suspected of terrorist affiliations;
Reinforcement of West Bank infrastructure, including investments in building new settlements.

Shlomo Ne’eman, Chairman of the Gush Etzion Regional Council and Head of the Yesha Council, called forthrightly for the “collective punishment” against all Palestinians in the West Bank, saying in a statement following the meeting:

“Our statement is sharp and clear: We will not allow the security of half a million residents of Judea and Samaria to be abandoned to the Oslo Accords, which for a long time have been immaterial. The Arab towns and villages of Judea and Samaria have become the headquarters for the enemy’s offensive operations against the citizens of Israel everywhere in the country, while the residents of Judea and Samaria are situated on the battlefront. We demand that the government provide a plan of action that takes on two angles, being sur mera ve’ase tov – turning away from evil and doing good.

Unwavering actions against the enemy also includes collective punishment and impairment to the Palestinian Authority, which produces terrorism, finances terror, and educates towards terror against development in Judea and Samaria without hesitation.

It is time to pass a government decision in support of building up Judea and Samaria, which means taking substantial steps immediately. The history of our country has proven that the most appropriate Zionist answer is to act harshly against the enemy and continue construction and development in the Jewish communities.

We thank our friend, Minister Smotrich, for convening this discussion and listening to us. The minister has accepted and agreed to our demands and pledges to act with the prime minister and the state security cabinet to realize these demands.

We have told him unequivocally: You are the state leadership; we trust you and will fully support you in every firm action taken. Our heroic residents are prepared to suffer for Israel’s victory against her enemies, but they will not agree to be used as moving targets in the land struggles of the Palestinian Authority.“

Bonus Reads

“Israel’s Ben-Gvir push for a National Guard could give him own militia” (Al-Monitor)

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

To subscribe to this report, please click here.

April 7, 2023

In Rare Ruling, Israeli High Court Rejects JNF/Settler Effort to Evict Palestinian Family from their Home in Silwan
Israel Advances Plans for 6,500 New Settlement Units in East Jerusalem
Israel Doubles Funding of Settler Surveillance of Palestinians
Bonus Reads

In Rare Ruling, Israeli High Court Rejects JNF/Settler Effort to Evict Palestinian Family from their Home in Silwan

On April 3rd, a three-judge panel of the Israeli Supreme Court ruled against the Jewish National Fund, which has pursued a 32-year legal battle to evict the Palestinian Sumreen family from their longtime home in the Silwan neighborhood of East Jerusalem. In its ruling the Court criticized the government for declaring the Sumreen home to be absentee property “without any basis in law.” The Court further ruled that the JNF’s subsidiary Himnuta (which was created to take the lead for JNF in litigating aggressive settlement takeover cases like this) must compensate the family with 20,000 shekels ($5,560).

The case to evict the Sumreen family has been viewed as a key test of the State’s use of the Absentee Property Law to seize Palestinian homes in East Jerusalem, with the fate of the Sumreen case likely to set a precedent that could impact the many other ongoing eviction cases brought by settlers against Palestinians in Silwan.

Reacting to the ruling, the Sumreen family lawyer told Haaretz:

“This decision is precedential and just. The Supreme Court brought justice after two proceedings in which [the court] ordered the eviction of several families from their homes. The decision includes criticism of how the authorities behaved on this matter and the declaration of absentee property despite the fact that the owner is a living resident of Jerusalem.”

The Free Jerusalem activist movement said in a statement:

“There are few moments in which we feel like a bit of justice has been done in the reality of the occupation. This is one of those movements. Amal Sumreen and her children have lived in their home in Silwan for decades. For the first time in those decades, Amal will be able to sleep soundly tonight” and vowed to continue working “until this racist law, which allows the seizure of homes, is struck down, until the occupation ends, until there is full equality for all.”

The Sumreen family home is located in the middle of what today has been designated by Israel “the City of David National Park” (the home existed long before that designation). The Israeli government has handed over management of the area to the radical Elad settler organization, which for years has also been pursuing the eviction of Palestinians from the homes in Silwan. For nearly three decades, the Sumreen family has been forced to battle for legal ownership of their home, after the state of Israel, prompted repeatedly by the JNF, declared the home to be “absentee” property”. As a reminder, that law (as summarized by the Israeli legal NGO Adalah),

“Defines persons who were expelled, fled, or who left the country after 29 November 1947, mainly due to the war, as well as their movable and immovable property (mainly land, houses and bank accounts etc.), as ‘absentee’. Property belonging to absentees was placed under the control of the State of Israel with the Custodian for Absentees’ Property. The Absentees’ Property Law was the main legal instrument used by Israel to take possession of the land belonging to the internal and external Palestinian refugees, and Muslim Waqf properties across the state.”

Based on that designation – which was not communicated to the Sumreen family, which of course was not “absentee” but was living in the home – Israeli law permitted the state to take over the rights to the building. The state then sold the rights to the home to the JNF in 1991. The JNF has pursued the eviction of the Sumreen family ever since, with the secret funding/backing of the Elad settler group.

Israeli courts ruled in favor of the Sumreen family’s ownership claims to the home for years. This changed, arguably as a direct result of a deliberate policy (led by then-Justice Minister Ayelet Shaked) to pack the courts with right-wing judges) in September 2019, when the Jerusalem Magistrate’s Court tossed out the previous rulings to grant ownership of the family’s home to the JNF — a decision the family immediately appealed to the Jerusalem District Court. Notably: in 2020, the JNF came under considerable international scrutiny for its handling of the Sumreen case, and was pressured to call off its eviction campaign (it did not).

In 2022, the Israeli Attorney General issued a legal opinion supporting the JNF’s legal claim to the home and the eviction of the Sumreens. In his opinion, the Attorney General did not address the broader political context of widespread dispossession of Palestinians in Silwan, or the legally dubious actions on the part of the Elad settler group and the Jewish National Fund in having the property declared to be absentee in order to take control over it. Instead, the Attorney General decided simply that there is no new basis on which to overturn the JNF’s ownership of the home, and therefore the Sumreen family does not have a legal right to reside there.

A full history of the saga involving the Sumreen family – which is similar to dozens of other Palestinian homes in Silwan that were declared Absentee Property in the 1990s – can be found on the Peace Now website here. For more on the collusion of the JNF and the Elad settler group, see reporting by +972 Magazine.

Israel Advances Plans for 6,500 New Settlement Units in East Jerusalem

Ir Amim reports that over the past week various Israeli agencies have advanced plans for a total of 6,500 new settlement units slated for incredibly sensitive areas of East Jerusalem.

On March 29th, the Jerusalem Local Planning Committee took the following actions:

Wadi Joz Business Center (Silicon Wadi) – the Committee discussed and rejected all objections submitted against this plan, recommending the plan for final approval. The “Silicon Wadi” plan seeks to establish a major high-tech hub along the western side of East Jerusalem’s Wadi Joz neighborhood. While touted as a plan that will benefit Palestinians, its implementation will require the eviction of many Palestinian businesses in the area. You can read Ir Amim’s in-depth reporting on the Silicon Wadi project here.
Lower Aqueduct Plan – the Committee discussed and rejected all objections submitted against this plan, recommending the plan for final approval. This plan would see a new settlement of 1,465 units built on a sliver of land located between the controversial settlements of Givat Hamatos and Har Homa – and is intended to connect the two. In so doing, it will establish a huge, uninterrupted continuum of Israeli settlements on the southern rim of Jerusalem, and will destroy Palestinian contiguity between the West Bank and East Jerusalem. For more background on the Lower Aqueduct plan, see resources by: Terrestrial Jerusalem and Ir Amim.
Ramot North A and B – The Committee recommended 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.

On April 3rd, the Jerusalem District Planning Committee was slated to advance the following plans (final confirmation of the committee’s actions has not been reported as of publication on April 6th)

French Hill/Mount Scopus – The committee was slated to possibly review amendments to two plans for a total of 1,539 new settlement units to be built in the area of French Hill and the premises of Hebrew University’s Mount Scopus campus, most of which would be located beyond the Green Line. One of the plans – called the “Bronfman Dormitory Complex” – will encircle a Palestinian residential area on the Mount of Olives.
Givat HaShaked – This plan outlines 700 housing units (in 4 high-rise towers and several six-story buildings), a school, and commercial buildings, all to be built on a highly sensitive and geopolitically critical sliver of land located within the Palestinian neighborhood of Beit Safafa. It was approved for public deposit in September 2022. Ir Amim reports, “although approved for deposit, the plan has not yet been formally deposited for public review. An internal session was scheduled […] to amend the decision on the plan. Although the details regarding this amendment are unknown at present, the assumption is that the modification is a technical issue.” For more information on this new settlement, see previous FMEP reporting.
Pisgat Ze’ev – The committee was slated to possibly review amendments to a plan for 730 new settlement units that would expand the Pisgat Ze’ev settlement eastwards towards the Separation Barrier and the area of the Palestinian town of Hizma, depleting the few remaining open land reserves in the area.
Ramot – A plan for 240 new units in the settlement of Ramot was slated to be reviewed by the committee for the first time.

Israel Doubles Funding of Settler Surveillance of Palestinians

Haaretz reports that the Israeli government budget request includes $11.1 million for a program that organizes and equips settlers to surveil Palestinian construction in the West Bank, doubling the government budget from 2022. Haaretz explains:

“Recent years have seen the formation of ‘land departments’ in West Bank settlements, which track Palestinian construction and cultivation and report such activity to the Civil Administration and the Israeli military. These departments have no enforcement authority, but its inspectors serve as an additional source of pressure on the Civil Administration in Area C…Settlement authorities could use these budgets to hire members of their inspection units, to purchase aerial photos, drones, tablets and vehicles. For larger settlements, the funds could be enough to hire four full-time inspectors and another four part-time ones. In addition, the funds could be used to pay youths doing their national service, and to hold public diplomacy conferences on the matter.”

It’s worth recalling that Bezalel Smotrich – who today is effectively the sovereign power ruling over the West Bank – has previously suggested empowering settlemers, on their own judgment and authority, to demolish Palestinian construction they believe lacks Israeli-required authorizations. As FMEP has repeatedly explained, Israel has long denied Palestinians the ability to build (on land that Israel recognizes they legally own) in Area C, resulting in many Palestinian structures — including homes, schools, and agricultural structures — being built without the required Israeli-issued permits. To fully understand what is happening, see B’Tselem’s excellent explainer.

The program for which the new Israeli government is doubling funding is only one of the ways in which settlers act as a surveillance mechanism of the Israeli state. In November 2020 the Israeli Civil Administration created a hotline for settlers wishing to report their suspicions of “illegal” Palestinian construction in the West Bank (on the Kochav Ya’akov settlement website, the new phone service is called a “snitch line”). In November 2021, Breaking the Silence and the Washington Post revealed that settlers have been helping the IDF build a facial photo database of West Bank Palestinians. The database serves to buttress the facial recognition capabilities of the Israeli army, as part of its pervasive surveillance arsenal, including a growing network of cameras and smartphones.

Bonus Reads

“Mount of Olives becomes latest target in fight for control of Jerusalem” (The Guardian)
“Why the Netanyahu Government’s Disengagement Repeal is so Problematic for the Biden Administration” (Dr. Deborah Shushan, J Street)
“Israeli Settlements in the Ramallah & Al-Bireh Governorate” (PLO NAD)
“Israeli Settlers Descend on West Bank Village of Hawara, Injuring Six Palestinians” (Haaretz)
“As Israel’s Crises Pile Up, a Far-Right Minister Is a Common Thread” (New York Times)
“To Understand the Settler Mindset, Read This Eulogy” (Avi Garfinkel, 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.

March 24, 2023

Israel Reaffirms Commitment to Short Settlement Pause – Then Immediately Violates it, Publishing Tenders for 1,029 New Settlement Units

At a second summit in the last month, Israeli and Palestinian officials signed a second joint communique brokered by Egypt, Jordan, and the United States. In it, the Israeli government once again pledged to pause discussion of new settlement units for four months and postpone the authorization of outposts for six months.

On March 22nd, three days after the second communique was signed, the Israel Land Authority (ILA) published tenders for the construction of 1,029 new settlement units. Those units are as follows:

89 units in the East Jerusalem settlement of Gilo, located in southern Jerusalem between the isolated Palestinian East Jerusalem neighborhood of Beit Safafa and the West Bank city of Bethlehem;
193 units in the Efrat settlement located south of Bethlehem, inside a settlement block that cuts deep into the West Bank. Efrat’s location and the route of the barrier wall around it, have literally severed the route of Highway 60 south of Bethlehem, cutting off Bethlehem and Jerusalem from the southern West Bank. The economic, political, and social impacts of the closure of Highway 60 at the Efrat settlement (there is literally a wall built across the highway) have been severe for the Palestinian population.; and,
747 units in the Beitar Illit settlement, a massive ultra-orthodox settlement located west of Bethlehem.

On the publication of tenders for 1,029 settlement units, Peace Now said:

“This is yet another harmful and unnecessary construction initiative, as part of the messianic coup that is unfolding alongside the regime coup. The most extreme right-wing government in the history of the country is not only trampling on democracy but also on the possibility of a future political agreement, and on our relations with the US and friendly countries. Lies and violations of these commitments are a sure way to turn Israel into an isolated country.”

Further eroding the credibility of Israeli assurances, on the day after the summit concluded – a summit that was called in order to calm tensions that have been mounting across the West Bank and Israel – Israeli Finance Minister Bezalel Smotrich made an inflammatory speech in France, during which he said:

“There is no such thing as a Palestinian nation. There is no Palestinian history. There is no Palestinian language.”

Smotrich delivered these remarks while standing at a podium bearing the flag of the Jewish Irgun, bearing a map of Israel that includes the West Bank and parts of Jordan. The map – and its meaning – was reaffirmed in Smotrich’s speech in which he reiterated his belief that Israeli Jews have a God-given, exclusive right to the land.

Smotrich has been roundly condemned for his incitement, including by the U.S. State Department spokesperson Vedant Patel, who said:

“The comments, which were delivered at a podium adorned with an inaccurate and provocative map, are offensive, they are deeply concerning, and, candidly, they’re dangerous. The Palestinians have a rich history and culture, and the United States greatly values our partnership with the Palestinian people.”

Palestinian Prime Minister Mohammad Shtayyeh said Smotrich’s remarks are: “conclusive evidence of the extremist, racist Zionist ideology that governs the parties of the current Israeli government.”

Knesset Repeals Clauses of 2005 Disengagement Law, Allowing for Reestablishment of Four West Bank Settlements

On March 21st, the Israeli Knesset passed a law repealing parts of the 2005 Disengagement Law (which legislated Israel’s dismantling of all settlements in the Gaza Strip and four settlements in the northern West Bank). The repeal of these clauses enables the reestablishment of all four of the settlements in the northern West Bank that were dismantled by the Israeli government as part of the 2005 Disengagement initiative – Homesh, Sa-Nur, Ganim and Kadim. The bill repealing these clauses in the Disengagement law — an act which sets the stage for efforts to more broadly undo Israel’s 2005 Disengagement — was supported even by members of the Israeli opposition.

With the law amended, the government can now advance its plan to reestablish the Homesh settlement (see FMEP’s previous reporting on the efforts to reestablish Homesh). In the longer term, the repeal of these provisions will undoubtedly give rise to pressure to reestablish the other three dismantled settlements; and in the immediate aftermath of the repeal of these clauses, one right-wing minister in the current government is already raising the demand for Israel to reestablish settlements in the Gaza Strip, and MK Limor Son Har-Melec said shortly after the law was passed:

“We must not rest on our laurels and bask in the euphoria, and we must charge at the next two tasks that lie ahead of us tomorrow: the re-establishment of the four settlements that were evacuated [in the northern West Bank], and return home to the [evacuated Gaza settlement Gush Katif] that … became a nest of terror.”

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 has 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 Times of Israel notes that, even with the new law, the head of the IDF will have to sign a new military order that allows Israelis to enter the area. This will likely not be a problem, given that for years – long before this new law – the IDF has allowed Israelis to access and stay at the site. Moreover, Bezalel Smotrich, who is in effect the ruling sovereign over the West Bank after being handed vast powers within the Defense Ministry, tweeted that the repeal of the 2005 Disengagement Law “advances the regularisation of our presence at Homesh.” Note that “regularization” is a euphemism for retroactive legalization, granting post-facto approval to illegal settlement activity, which has the effect of establishing a new settlement.

Settlers [who are the government] have moved quickly to press for next steps on the retroactive legalization of the Homesh yeshiva. On March 22nd, approximately 150 settlers invaded the site of Homesh and set up camp there.

Finally, the Israeli NGO Yesh Din, which closely documents settler- and settlement-related developments, notes that 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.

Netanyahu Contradicts Coalition Agreements in Attempt to Pacify International Outcry Over Disengagement Law Repeal

After days of international criticism over the repeal of clauses in the 2005 Disengagement Law, Prime Minister Netanyahu issued a statement saying that the Israeli government has “no intention of establishing new settlements in the area.” Axios reports that the U.S. and several other European nations attempted to persuade Netanyahu to block the bill or postpone the Knesset’s vote, but Netanyahu said it was part of his commitments to his ruling partners.

The United States took a lead role in reprimanding the Israeli government for amending the 2005 Disengagement Law. U.S. criticism included a summons for Israeli Ambassador to the U.S. Michael Herzog to attend an impromptu, reportedly tense, meeting with U.S. Deputy Secretary of State Wendy Sherman, as well as a lengthy statement by the U.S. Department of State Spokesperson, Vedant Patel, which ended with the announcement that the U.S. is considering several options in response to Israel’s West Bank policy.

Knesset Initiates Bill for West Bank “Admission Committees”

Mondoweiss reports that on March 20th in a preliminary reading, the Knesset Economic Affairs Committee approved a bill that would allow Israel “admission committees” to be established for areas where settlement expansion is proceeding, including the South Hebron Hills, the Jordan Valley, and the Galilee. These “Admission Committees” are already established in Israel proper, so this new bill will allow extend Israeli domestic law into the West Bank.

Explaining the Admissions Committee law, Adalah writes:

“The Admissions Committees Law legalizes “Admission Committees” that operate in hundreds of small community towns built on state land in the Naqab (Negev) and Galilee. The law gives Admission Committees, bodies that select applicants for housing units and plots of land, almost full discretion to accept or reject individuals from living in these towns. The Committees include a representative from the Jewish Agency or the World Zionist Organization, quasi-governmental entities. The Committees, in practice, filter out Arab Palestinian applicants and others from marginalized groups.

While one of the law’s provisions states a duty to respect the right to equality and prevent discrimination, the law allows these Committees to reject applicants deemed “unsuitable to the social life of the community… or the social and cultural fabric of the town,” thereby legitimizing the exclusion of entire groups. The law also authorizes Admissions Committees to adopt criteria determined by individual community towns themselves based on their “special characteristics”, including those community towns that have defined themselves as having a “Zionist vision”.”

U.S. State Department Issues Its 2022 Human Rights Report

The U.S. Department of State published its annual report on human rights conditions in every country in the world. The publication is always notable because of the ever-evolving treatment of the occupied Palestinian territories, and for the closely scrutinized statements regarding Israel’s treatment of Palestinians living under Israel’s military occupation.

Notable inclusions and omissions include:

1 – The Biden State Department opted to maintain the new format imposed on the report by the Trump Administration, with a section entitled “Israel, West Bank, and Gaza.” Under this format, which the Biden Administration also used in its 2020 and 2021 reports, there is a section on Israel (looking at the practices of the Israeli government in sovereign Israeli territory, including East Jerusalem) and a separate section on the West Bank & Gaza (looking primarily at the practices of the Palestinian Authority, Hamas, and the “Israeli authorities in the West Bank”). Prior to the Trump era, the report and its sections were entitled “Israel and the Occupied Territories.” The Trump administration adopted the new section titles in its 2017 report and completed its elimination of the word “occupation” in its 2018 report. The Biden Administration’s decision to continue this new format was widely reported when the administration’s first report was released in early 2021.

2 – The report acknowledged, but did not take a position on, Israel’s declaration of six Palestinian organizations as terrorist entities. The report says, “Israeli authorities cited laws against terrorism or protecting national security to arrest or punish critics of the government or deter criticism of government policies or officials.” This is notable because the Biden Administration has come under intense pressure to mirror Israel’s terrorist designation of these organizations, but thus far has refrained from doing so. The Biden Administration has also not contradicted or criticized Israel’s declarations, and has instead repeatedly stated that it is investigating the matter and reviewing information on the groups’ alleged ties to terrorism that the Israeli government has presented to the U.S., and has explicitly left the door open for Israel to continue to provide more “evidence” (incentivizing Israel to continue to violate the rights of Palestinian human rights defenders, including by arresting people and in effect threatening to hold them indefinitely without due process unless they confess to crimes or incriminate others — all of which is then offered as new “evidence.”).

3 – In reporting on the killing of Palestinian-American journalist Shireen Abu Akleh, the report deferred to an Israel account which said that it was a “high possibility” that Abu Akleh – who was wearing a flak jackets that clearly marked her as “press” — was hit by Israeli gunfire “accidentally,” but not deliberately. This narrative is contradicted by Palestinian eyewitness accounts, in addition to forensic scientists’ reconstruction of the events leading up to her death which show conclusively that Abu Akleh was killed by IDF gunfire and that it is improbable in the extreme that the shooting was not deliberate. Notably, the report included mention of Abu Akleh’s death under the “freedom of expression” section, not under the section where extrajudicial killings were covered.

4 – The report, like in years past, does not explicitly criticize settlement construction, which has been shown to be the driving force behind the systematic human rights abuses against Palestinians.

Bonus Reads

“Protection of Civilians Report | 28 February – 13 March 2023” (OCHA)
“This Is the Disturbing Reality of Israeli Land Theft and Right-wing Rule” (Amira Hass, Haaretz)
“Editorial | They Frequented West Bank Hilltops and Interrogation Rooms. Now They Set Police Policy” (Haaretz)
“Ben-Gvir’s Chief of Staff Bosses Police Around Despite Not Being Employed as Civil Servant” (Haaretz)
“Armed settlers break into Palestinian family home under cover of darkness” (+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.

March 17, 2023

E-1 Final Hearing Postponed Until June 12
Disengagement Repeal Law Passes First Reading
Israel Delivers Demolition Order on Salem Family Home in Sheikh Jarrah, As International Community Calls on Israel to Stop Displacement
Bonus Reads

E-1 Final Hearing Postponed Until June 12

On March 12th Israeli press reported that the High Planning Council has postponed its final consideration of the E-1 settlement plan. As noted previously in FMEP’s settlement report, a subcommittee of the Higher Planning Council was scheduled to convene to discuss objections to the E-1 settlement plan on March 27th. This discussion is a final step in the approval of the plan. That meeting has now reportedly been postponed until June 12th. This is the fourth time that final consideration of the E-1 plan has been delayed.

The press reports have so far not been confirmed by the Civil Administration, which houses the High Planning Council (under the authority of Finance Minister Smotrich). Notably, none of the most rabidly pro-settlement senior figures in the Israeli government (including Ben Gvir and Smotrich) have commented on these reports, nor has the settler Yesha Council. Previous postponements of the plan were the result of international opposition. As a reminder: the E-1 settlement is slated to be built in the West Bank on land abutting the border of Jerusalem to the northeast, and is considered by the international community to be a “doomsday” settlement, in what its construction would mean for the two-state solution.

Disengagement Repeal Law Passes First Reading

On March 13th, the Knesset approved a first reading of a bill that will repeal clauses of the 2005 Disengagement Law. Repeal of these clauses will pave the way for implementation of the government’s plan to reestablish settlements in the northern West Bank that were dismantled as part of then-Prime Minister Ariel Sharon’s disengagement initiative (including, most notably, the Homesh settlement). The bill must now pass two more readings before becoming law.

Underscoring the current government’s legislative style, the Knesset drafted and voted on the bill without receiving formal opinions on its substance and impact from the Israeli National Security Council, the Israel Defense Forces, the Foreign Ministry, or the Shin Bet. The Knesset is under pressure to pass this legislation quickly due to a court-ordered deadline for the government to explain to the Court why the illegal outpost established by settlers at the site of dismantled Homesh settlement has not yet been demolished and the land returned to its Palestinian owners. Once this law is passed, the government can (ostensibly) tell the Court that it intends to grant retroactive legalization to the Homesh outpost. Legalization of this outpost was explicitly agreed to in the coalition deals which formed the current Israeli government.

As a reminder, for nearly three years Israel has put off responding to a 2019 legal petition filed by Yesh Din, seeking the removal of the illegal outpost (including a yeshiva) at the Homesh site, as well as the site’s return to its Palestinian landowners. Despite Homesh being dismantled in 2005, Israel has never permitted Palestinians to regain access to or control of the land, instead declaring the site a closed military zone. That status has enabled the IDF to prevent Palestinians from entering the area, even as IDF soldiers have routinely permitted settlers not only to access the site, but to set up residence there (illegally, under Israeli law), and to illegally establish a yeshiva there. That yeshiva, according to the Israeli NGO Kerem Navot, has become one of the West Bank’s “hardcore centers of settler terror”. Settlers associated with the outpost have also reportedly wreaked terror on nearby Palestinian villages, most notably Burqa and Sebastia. One Israeli politician even went so far as to say that settlers at one point were “carrying out a pogrom” in Burqa.

After the disengagement repeal bill was approved in its first reading, MK Merav Michaeli (Labor) told Army Radio that the bill:

“gives the crazy settlers permission to do whatever they want in Judea and Samaria, and to hell with Israel’s security.”

The bill will repeal clauses from the 2005 Disengagement Law that prohibit Israeli entry into the area of four former settlements (Homesh, Ganim, Kadim, and Sa-Nur) in the northern West Bank, in effect bringing the status of those sites in line with the rest of Area C. Many lawmakers were pushing for the bill to also include articles that would give outright permission for the reestablishment of Israeli settlement in these areas – articles to permit Israelis to buy and own property/real estate there – but the final text did not include those articles. The law also does not apply any changes to the Gaza Strip.

Israel Delivers Demolition Order on Salem Family Home in Sheikh Jarrah, As International Community Calls on Israel to Stop Displacement

On March 13th, Israeli authorities posted a demolition order on the home of Hajja Fatima Salem in the Sheikh Jarrah neighborhood of East Jerusalem. One day later, on March 14th, twelve European governments issued a joint statement calling on Israel to reverse its decisions on eviction cases threatening the mass displacement of Palestinians from East Jerusalem, with six families under imminent threat.

A little over a year ago – in February 2022 – the Jerusalem Magistrate Court froze the impending eviction of the Salem family (which had been initiated in 1988) based on the family paying the court a $7,700 “guarantee”. The case has not evolved since; however, around that same time the Israeli government seized a piece of the Salem property, located adjacent to the home that is now under demolition threat. Itamar Ben Gvir (who is now serving as the National Security Minister, with authority over demolitions in East Jerusalem) subsequently set up a tent on that seized property and called it his parliamentary office – a deliberate provocation.

The state violence doesn’t stop there, the men behind the years-long effort to evict the Salem family are Yonaten Yousef, a Jerusalem city councilmember, and former deputy mayor of Jerusalem Aryeh King. Yousef and King claim to have bought the house from the Jewish family that owned it before 1948 — based on an Israeli law known as the Legal and Administrative Matters Law of 1970. This law provides Jewish Israelis the right to “reclaim” properties lost in the 1948 War. In contrast, under Israeli law the Salem family lacks any legal basis to claim both its home in Sheikh Jarrah – where the family has lived since being displaced from their home inside the Green Line during the 1948 War – or to their original home inside Israel, which they lost in the 1948 War (Israel law recognizes no such property claims by Palestinians who fled or were otherwise absent from the areas that became Israel in the course of that war)/.

Bonus Reads

“Bezalel Somtrich’s West Bank Takeover is What Annexation Looks Like” (Dr. Debra Sushan, J Street)
“The Rapid and Predictable Rise of Israeli Settler Violence Against Palestinians” (Yara Asi, Arab Center DC)
“From Huwara to Jerusalem and Washington” (Terrestrial Jerusalem podcast)
“Measures which will Determine Calm or Escalation during Ramadan” (Ir Amim)
“Sameh Aqtash Was an Aid Worker Who Had Settler Friends. It Didn’t Save Him From the Pogrom” (Haaretz)
“Enforcing Apartheid in the West Bank” (Tareq Baconi, NY Book Review)

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

To subscribe to this report, please click here.

March 3, 2023

Israel’s Makes Clear No Concessions Were Made in Aqaba Agreement, Settlements & Annexation Will Proceed
Settlers Invade Evyatar Outpost Site as Calls for Legalization Grow
Israel Advances Massive Expansion of Nof Zion Settlement Enclave in East Jerusalem
Settlers Terrorize Huwara with IDF Assistance & Political Support
Israeli Comptroller Wants Israel to Finish the Wall, Fortify Settlement Industrial Zones
Bonus Reads

Israel’s Makes Clear No Concessions Were Made in Aqaba Agreement, Settlements & Annexation Will Proceed

On February 26th, the United States, Jordan, Egypt, the Palestinian Authority and Israel released a joint statement in which Israel agreed it will not “discuss new settlement construction plans for four months and will not authorize any new outposts for six months.”

To be clear, this statement is first and foremost a concession by the US, the PA, Egypt, and Jordan – in that it implicitly agrees that Israel may go ahead, after four months, with discussing new settlement construction plans, and after six months with authorizing any new outposts.

And equally clear: the “limits” in this agreement do not represent concession on the part of Israel. As has been Israel’s regular practice, the Higher Planning Council (the body within the Defense Ministry that oversees construction planning in the West Bank) has convened on a quarterly basis since the Obama Administration days, so agreeing to “stop discussion” for four months doesn’t delay or freeze anything, as much as it gives Israel “credit” for the standard pause between convenings. Likewise, with respect to Israel’s commitment to not authorize any new outposts for six months — as FMEP has already described, this is by no means a limitation on Israel’s ability to authorize outposts through the trick of calling them “new neighborhoods” of existing settlements. It’s also clear that this agreement has no bearing on the massive advancement of settlement construction and approval of new settlements undertaken by the Israeli Security Cabinet and Higher Planning Council over the last two weeks.

Prime Minister Netanyahu himself made it abundantly clear that the Aqaba statement will not constrain, restrain, or delay Israel’s advancement of settlement construction and outpost authorization. Netanayhu tweeted: “There isn’t and there will not be any construction freeze…Constructions and authorization in Judea and Samaria will continue according to the original schedule of the Higher Planning Council.”

Bezalel Smotrich, Finance Minister & Minister of the newly created “Settlement Administration” in the Defense Ministry that has power over planning in the West Bank, posted a tweet saying:

“I have no idea what they talked about or didn’t talk about in Jordan…I heard about this superfluous conference from the media just like you. But one thing I do know: there will not be a freeze in the construction and development of settlements, not even for one day (this, on my authority). The IDF will continue to counter terrorism in all areas of Judea and Samaria without any limitation (we will confirm this with the cabinet). It’s very simple.”

Settlers Invade Evyatar Outpost Site as Calls for Legalization Grow

On February 26th, dozens of Israeli settlers illegally invaded and stayed overnight at the site of former Evyatar outpost, in an attempt to reestablish the outpost — an action settlers say was in response to a nearby shooting attack in which a Palestinian gunman killed two settlers near the Palestinian village of Huwara. The IDF – under the command of Defense Minister Yoav Gallant – attempted to quickly remove settlers from the area the night they arrived, but were reportedly unable to do so until the next day (because the settlers refused to leave and the IDF apparently lacked the will to force them).

The Israeli coalition government – as part of the coalition deal – explicitly agreed to retroactively legalize Evyatar as a new settlement, but it was not one of the ten outposts granted legalization by the Israeli Security Cabinet on February 12th. Settlers and their allies have since poured on the pressure seeking to convince the govenment to greenlight the reestablishment of Evyatar.

Itamar Ben Gvir – who demanded the fate of Evyatar be included in the coalition agreement – convened a meeting of his party members at the site of Evyatar after the settlers were evacuated, and noted that he had attempted to appeal to Netanyahu to stop the evacuation. Ben Gvir said he wrote a letter to the Prime Minister that day, pleading to allow the settlers to stay and for the outpost to be legalized as a means of fighting terrorism. Ben Gvir was one of many Israeli lawmakers from within the governing coalition to call for legalization. Settlements and National Missions Minister Orit Strock said on radio, “The return to Evyatar is our mission and we intend to fulfill the agreement to return very soon.” On Feb. 28th, Finance Minister Bezalel Smotrich publicly promised the legalization of Evyatar.

On March 2nd, newly minted MK Tzvi Sukkot (Otzma Yehudit) – a criminal settler who replaced Smotrich upon his resignation from the Knesset to serve in the Cabinet – set up a tent at the site of Evyatar, calling it an parliamentary bureau. Sukkot’s “office” is ostensibly protected from removal by the IDF because of diplomatic immunity, and has been rewarded with a 500-person battalion of IDF officers deployed to the area in order to protect it. Sukkot also joined the settlers on March 26th who illegally invaded the area and stayed overnight in defiance of IDF attempts to clear the settlers from the outpost. Sukkot said:

“I set up my office here in Evyatar in order to monitor the implementation of the coalition agreement signed with our party, from up-close. This is one ‘stone’ on the way to our complete return to the community, as was agreed and as must be.I am working with all my might to ensure that the government keeps its promises and establishes a permanent community here.”

As a reminder, settlers agreed to temporarily leave the site of the Evyatar outpost in 2021 under terms of a government-brokered deal in which the government promised to undertake an “investigation” into the status of the land. That investigation has reportedly been concluded, and found that part of the land the outpost was illegally built on is “state land,” and part is privately owned by Palestinians. This report agrees with a 2022 opinion issued by then Attorney General Avichai Mandelblit supporting the retroactive authorization of Evyatar. The government deal with settlers also stipulated that the settlers’ illegal construction at the site would be left in place (i.e., did not demolish it) — including buildings and roads — while the government carried out its investigation into the status of the land. In this way, the “compromise” left the outpost intact and allowed Israel to maintain complete control over the site during the “survey” process, clearly signaling that the government’s objective was never to enforce Israeli law, but, rather, was always about finding a legal and political “solution” to enable it to launder the settlers’ illegal actions and accommodate their demands. Indeed, the terms of the Evyatar “compromise” made clear that the government was confident that it would find a pretext on which to assert that the land on which the outpost stands is “state land,” which can be used by the state as it sees fit (which nearly 100% of the time means, will be used to benefit the settlers).

The Evyatar outpost was built illegally by settlers 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. Evyatar became a recurring headline news story mostly as a result of the determined effort by Palestinians from the nearby village of Beitar to protest the outpost and to resist the Israeli government’s efforts to retroactively legalize it. Palestinians staged regular protests near the site of Evyatar outpost, which resulted in no fewer than seven Palestinian protesters dying as a result of the harsh and violent actions by the IDF to quash the protests.

Israel Advances Massive Expansion of Nof Zion Settlement Enclave in East Jerusalem

Ir Amim reports that the Jerusalem Local Planning Committee convened on March 1st and recommended approving a plan for public deposit (a last step before final approval) that would, if approved, massively expand the Nof Zion settlement enclave, located inside the Palestinian East Jerusalem neighborhood of Jabal Mukaber. The Committee is set to reconvene on March 6th to actually approve the plan for public deposit.

Ir Amim writes:

“After being postponed several times over the past few months, including in January, reportedly due to the US National Security Advisor’s visit to the region last month, the Israeli authorities are clearly hellbent on advancing this plan. The re-scheduling of this plan along with the resumption of promotion of the E1 plans follows swiftly on the heels of continuous empty commitments by the Israeli government to temporarily freeze settlement advancement among other measures to reduce tensions…Beyond its geopolitical implications, this is yet another example of the severe discrimination in urban planning and housing in East Jerusalem. Despite the plan being designated for the entrance of Jabal Mukabber, it is not intended for the community’s development needs, but rather the expansion of a Jewish settlement in the middle of a Palestinian neighborhood. It should be noted that Jabal Mukabber has been among the Palestinian neighborhoods in East Jerusalem with the highest number of demolitions per year. Just today, the Israeli authorities razed a home in Jabal Mukabber, displacing a family, including two children.”

The plan – called “Nof Zahav” – would allow for 100 new residential units and 275 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. A decision on the police station relocation plan is expected soon.

Settlers Terrorize Huwara with IDF Assistance & Political Support

Settlers committed a pogrom against Palestinian village of Huwara on February 26th. For eight hours, hundreds of settlers attacked Palestinians and their property, causing terror, far-reaching destruction, hundreds of injuries, and at least one death.

Al-Haq reports that the IDF not only failed to intervene but actually facilitated the settlers’ rampage in the first place.

Al Haq reports:

“The Israeli Occupying Forces (IOF) facilitated the settler attack, effectively laying siege to Huwwara by closing off all the entrances of the town, in advance of the attack, permitting the entrance of hundreds of settlers by foot, and preventing the entry of medics and journalists. During Israeli colonial settler attacks against Palestinians in Huwwara, and other nearby villages, Sameh Aqtash, 37, was killed, a further two Palestinians were shot and wounded, another stabbed, and a fourth beaten with an iron bar, according to the Palestinian Red Crescent Society. The IOF openly accompanied the marauding settler mob, attacking Palestinians with military grade tear gas, leaving 95 Palestinians suffocated from tear gas inhalation.”

The Palestinian Centre for Human Rights further reports:

“IOF closed all Nablus’ entrances and tightened the cordon off the village from three directions. Around half an hour later, at least 500 Israeli settlers started to gather at Huwara and Za’tara checkpoints surrounding Huwara village and down to the Yitzhar Bypass Road leading to “Yitzhar” settlement, which cordons off the village from the southwestern side, and amid the attendance of IOF and Israeli officials from the government at the scene. During their demonstration, the settlers intentionally carried out largescale attacks and violence acts against Palestinians and their property, houses, shops, and vehicles, and in Huwara village, and deliberately set them ablaze without any intervention from the IOF to stop them. The settlers’ attacks continued until 23:15, causing bruises to several Palestinians, completely burning 7 houses, 6 cars garages and 34 vehicles and breaking the windows of 25 houses by stone-throwing and the windows of 20 other vehicles were smashed as well.”

Settlers cited the murder of two Israelis – Hillel and Yagel Yaniv earlier in the day as the pretext for the pogrom. The two were killed by a Palestinian gunman on the main road near Huwara. Palestinians noted that this killing was in response to Israel’s military operation the day before in Nablus (near Huwara), in which 11 Palestinians were killed and more than 100 Palestinians were injured.

Bezalel Smotrich – who is effectively the sovereign authority over the West Bank – celebrated the pogrom and incited further genocidal, state-led violence. In a taped interview Smotrich said:

“The Palestinian village of Hawara should be wiped out of the earth. The Israeli government needs to do it and not private citizens”

Following widespread international condemnation, the IDF arrested six (or seven, per other reports) Israeli settlers, all for their conduct against Israeli soldiers (as opposed to for attack on Palestinians). All were swiftly ordered to be released by a Jerusalem court, but the Defense Ministry ordered two of them (one of whom is a minor) to be held in administrative detention (a tool rarely used with respect to Jewish detainees). According to the Times of Israel, “A senior security official speaking to Channel 12 news claimed the pair were ‘planning and had carried out operations against IDF forces. [They] are extremely dangerous.’ According to Haaretz, a senior security source, possibly the same one, said they were involved in initiating the riots.”

Zvika Foghel,a criminal settler now serving in the Knesset – endorsed the pogrom and incited further violence, saying:

“A Huwara that is burning — that’s the only way we’ll achieve deterrence…We need to stop shying away from collective punishment.”

The pogrom in Huwara happened one day before the U.S. State Department released its 2021 Country Report on Terrorism, in which for the first time the U.S. said that “Israeli security personnel often did not prevent settler attacks and rarely detained or charged perpetrators of settler violence.” Such facts have been documented by Palestinian and Israeli human rights groups for decades.

Israeli Comptroller Wants Israel to Finish the Wall, Fortify Settlement Industrial Zones

In its annual report released late February 2023, the State Comptroller’s Office slammed a wide range of government bodies for their failure to finish the West Bank separation barrier and over the state of security at settlement industrial zones.

On the separation barrier, the comptroller criticized the government and IDF for abandoning efforts to finish the project, for failing to fix damaged areas of the wall, and for decreasing the presence of the IDF along the barrier route. The Comptroller report said that there were 1.4 million instances of Palestinians crossing the barrier in 2021, about 6,000 per day. In response to the report, an IDF source said that the barrier is expected to be finished in late 2023 (or late 2024) and argued that the barrier is 82% effective except “in areas where it was decided operationally not to fix breakthroughs.”

The Israeli Comptroller also harshly criticized the lack of fortification of the 35 settlement industrial zones in the West Bank. The report examined seven of the zones, finding deficiencies in the security systems in each. The report recommends the government formulate and fund a plan to improve security.

Bonus Reads

“Israel has quietly annexed the West Bank and Biden stays silent” (Mitchell Plitnick, Mondoweiss – 2/25/23)

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.

February 24, 2023

With New Powers Given to Smotrich, Israel Annexes the West Bank (Even Without a Formal Declaration)
Final Hearing on E-1 Settlement Set for March 27th
Israel Advances More than 7k Settlement Units & Establishes 4 More New Settlements
U.S.-Brokered Compromise at the UN: Bibi Makes – and then breaks – Promises to Biden Admin on Settlements, Outposts, Raids, and Demolitions
Multiple East Jerusalem Evictions Expected in March
New Report: Displacement via Bureaucracy in East Jerusalem
Bonus Reads

With New Powers Given to Smotrich, Israel Annexes the West Bank (Even Without a Formal Declaration)

On February 23rd, Netanyahu reached a deal to change the way Israel exercises authority over the West Bank. This new arrangement represents the extension of Israeli civilian/domestic authority over the entire West Bank. As such, it represents Israeli annexation of the West Bank, even without formal declaration of annexation.

Specifically: from 1967 until this week, the Minister of Defense was the de facto sovereign in the West Bank, with total authority over matters related to both Palestinians and settlers. With the deal reached this week, authority in the West Bank will now be split between Defense Minister Yoav Gallant and Finance Minister Bezalel Smotrich (acting in his capacity as a “Minister in the Defense Ministry”).

While the agreement takes pains to leave a tiny amount of power over West Bank civilian affairs with the Defense Minister in order to maintain a thin veneer of compliance with international law (the only authority left to Gallant with respect to “civilian” affairs will be to demolish illegal settler activity “in case of security and irregular events,” and even then, Smotrich must be given advance notice of any such demolition), in effect Smotrich will become the new reigning sovereign over the West Bank. According to the deal, he will exercise his authority via the establishment of a new “Settlement Administration” within the Defense Ministry, that he will lead (and appoint his own deputy to assist in leading). This “Settlements Administration” will enjoy virtually total autonomy and unchecked power, with almost no accountability to anyone in the Israeli Ministry of Defense (Gallant in principle can overrule Smotrich’s decisions but must put his reasoning in writing after first meeting with Smotrich to hear his case, and even then, Gallant cannot issue any order to overrule Smotrich). Importantly, the agreement allows Smotrich to systematically apply Israeli law over the settlements.

Itay Epstein, a lawyer of humanitarian law and senior advisor to the Norwegian Refugee Council, explains the totality and impact of Smotich’s powers:

“Spatial planning in the West Bank will come under the authority of the Minister [Smotrich], including authority over the High Planning Council, responsible for establishing and expanding settlements as well as considering Palestinian spatial plans and permit applications in Area C…All matters related to the regularization of “informal” settlement outposts and satellite neighborhoods will come under the sole authority of the Minister, who can endorse 147 such outposts most disruptive to a contiguous future Palestinian State…The [Civil Administration] Enforcement Unit, responsible for the destruction of Palestinian-owned structures built in Area C, as well as the seizure and destruction of donor-funded humanitarian relief, will come under the sole authority of the Minister…The Minister will have the authority to declare new ‘natural reserves’, a primary tool in the appropriation of Palestinian land (in areas A through C) and exclusion of Palestinians from land use across the entire West Bank…All matters related to housing, land, and property rights, including land ownership settlement, surveying, and registration, will come under the sole authority of the Minister. This is the primary tool for expropriating land, and abrogating Palestinian ownership claims…The planning and implementation of infrastructure across the West Bank (areas A through C) will come under the exclusive authority of the Minster, including surface roads, water and sanitation, energy and renewable energy, telecommunications, and waste management.”

Renowned Israeli lawyer Michael Sfard tweets:

“this is a dramatic change in the structure of governance over the occupied territory. Very broad administrative authorities pertaining to the majority of the governing powers in the West Bank are being transferred into hands that are not of the military commander of the occupied territory. From now on, those powers will be held by the minister in the Ministry of Defense, who will de facto serve as the governor of the West Bank…

International laws of belligerent occupation state that an occupied territory will be temporarily administered by the occupying force (that is, the army) which, along with security considerations, will be obligated to promote the interests of the occupied people. Transferring powers to Israeli civilian hands is an act of de jure annexation because it entails removing power from the occupying military and placing it directly in the hands of the government – this is an expression of sovereignty. The bottom line is that the agreement signed today is simultaneously a giant leap of legal annexation of the West Bank and an act of perpetuating the regime’s apartheid nature.”

Further, the agreement attempts to clarify and carefully craft the new, divided chain of command, which – in the end – creates incredible confusion. This confusion is a feature, not a bug, enabling Gallant and Smotrich to publicly, and disingenuously, to claim that the West Bank remains under the administration of the Israeli army as a separate regime from that of the Israeli state, and to assert that “nothing in this document changes the legal status of the West Bank, the laws applied within, or the government’s authority over it.”

On this argument, Sfard comments:

“The agreement includes two clauses aimed at obfuscating the transfer of powers by presenting the governor’s alleged subordination to the Minister of Defense, but according to the document, the cases in which the Minister of Defense can override the governor are extreme cases and even when this is done, the military commander of the West Bank will be bypassed, as he no longer holds authority.

The agreement also states that the governor will work to deepen the powers of the Israeli governmental authorities in the areas of Israeli settlements a process which will promote the unification of government powers and geographically expand their direct legal authority in the West Bank. Or, in other words: stretching Israeli sovereignty beyond the Green Line. The agreement also states that the governor will lead a process of expanding the dual legal system so that Israeli legislation by the Knesset will be applied more fully than it is today to the Israelis in the West Bank.”

In addition, in trying to manage the egos of Smotrich and Gallant – and prepare for inevitable disagreements – the agreement makes Prime Minister Netanyahu the ultimate arbiter of disputes between the two, in effect doubling down on the de facto annexation by giving the Prime Minister authority over decisions military decisions related to West Bank civilian governance.

Final Hearing on E-1 Settlement Set for March 27th

On March 27th, a subcommittee of the Higher Planning Council will convene to discuss objections to the E-1 settlement plan — a final step in the approval of the plan. Final consideration of the E-1 plan has been delayed several times, most recently in September 2022, due to international opposition to the plan. The E-1 settlement is slated to be built in the West Bank on land abutting the border of Jerusalem to the northeast, and is considered by the international community to be a “doomsday” settlement, in what its construction would mean for the two-state solution.

This upcoming meeting promises to be a decisive one for the long-pending E-1 plan, and could very well result in the Committee – which is now under the authority of longtime settler advocate Bezalel Smotrich – granting final approval to the highly contentious plan. Barring intensive outside pressure, additional postponement of the hearing seems highly improbable, given the Israeli domestic politics and the upcoming national election.

As a reminder: in its current form, the E-1 plan provides for the construction of 3,412 new settlement units on a site located northeast of Jerusalem. The site is home to several Palestinian bedouin communities, comprising 3,000 people, including Khan al-Ahmar, which Israel has already undertaken to forcibly displace (many attempts). Long called a “doomsday” settlement by supporters of a two-state solution, construction of the E-1 settlement would sever East Jerusalem from its West Bank hinterland, preventing East Jerusalem from ever functioning as a viable Palestinian capital.

E-1 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 this concern has long been to argue that Palestinians don’t need territorial contiguity, and that new roads can instead provide “transportational continuity.” To this end, Israel has already built the so-called “Sovereignty Road” – a sealed road that enables Palestinians to pass through, but not to enter, the E-1 area. That road is wholly under Israel’s control (meaning Israel can cut off Palestinian passage through it at any time). In January 2021, then-Prime Minister Netanyahu promised to increase funding for the “Sovereignty Road” as part of the drive to get E-1 built. Further, Netanayhu also recently pitched a room of French investors on a vision to build high speed tunnels throughout the West Bank to accomplish this task.

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

Israel Advances More than 7k Settlement Units & Establishes 4 More New Settlements

Over the course of two days (Feb 22-23, 2023), the Israeli High Planning Council advanced plans for 7,287 new settlement units. With these approvals, Israel has advanced more plans in 2023 (7,287 units) than in 2022 (4,427 units) or 2021 (3,645 units).

In addition, during this same period the Council granted retroactive legalization to three outposts while advancing plans for the retroactive legalization of a fourth outpost. The Council’s decision to legalize (under Israeli law) these outposts comes in addition to the ten outposts “legalized” by the Israeli Security Cabinet last week — meaning that in less than 2 weeks the new Israeli government has (so far) approved the establishment of 14 new settlements.

Three of the four outposts legalized by the High Planning Council this week were authorized as “new neighborhoods” of existing settlements, but in reality these outposts – which are not contiguous with the built-up area of existing settlements – are new settlements. The outposts granted authorization by the Higher Planning Council are:

Mevo’ot Yericho (181 units granted final approval) – which was authorized by the Security Cabinet over a year ago, but is only now receiving final approval for its master plan from the Higher Planning Council. This outpost is located near Jericho in the Jordan Valley. Peace Now reports that the outpost currently has 60 units built, so the approval of this plan triples the size of the settlement.
Pnei Kedem (120 units granted final approval), authorized as a new neighborhood of Metzad settlement, located northeast of Hebron. This plan will triple the size of the existing outpost.
Nofei Nehemia (212 units granted final approval, most of which were already built illegally), authorized as a neighborhood of the Rehelim settlement (which itself was once an outpost granted retroactive legalization), located south of Nablus. Importantly, the Nofei Nehemia outpost is separated from the Rehelim settlement by Route 60 – the major north-south highway in the West Bank.
Netiv Ha’avot (433 units, approved for public deposit), authorized as a neighborhood of the Elazar settlement. Should this plan receive final approval, the government will have handed settlers not one but two new settlements as compensation for the demolition of 14 units in the Netiv Ha’avot outpost that were built partially on privately owned Palestinian land..

At the last minute, the committee decided to delay its consideration of a plan that would have “legalized” the Zayit Ra’anan outpost. That plan outlines 189 units to be authorized as a “neighborhood” of the Talmon settlement, located north of Ramallah. Peace Now reports this plan was put on the agenda “almost out of nowhere” and that there are only a few caravans at this outpost currently.

In addition to authorizing four new settlements, the Higher Planning Council also:

Granted final approval for the construction of 1,900 units
Approved plans for 5,257 units for public deposit.

Peace Now notes that these plans include the retroactive authorization of approximately 1,000 units which settlers have illegally built in settlements. For Peace Now’s data table tracking these approvals, please see here.

As a reminder, the High Planning Council is a body with the Defense Ministry’s Civil Administration, which is now under the control of Finance Minister Bezalel Smotrich, in his capacity “Minister in the Defense Ministry” who in that role now enjoys virtually total control over civilian/settlement matters in the West Bank (see the first section of this report for details).

Peace Now said in a statement:

“The Israeli government is carrying out in full swing an act of annexation of the occupied territories. Just as the judicial coup that the government is advancing is an existential threat to Israeli democracy, so too is this annexation. Advancing the construction of thousands of housing units in the settlements and authorizing 15 outposts within a week are acts of de facto annexation. Building settlements in the occupied territories is a war crime, and annexation without granting citizenship to Palestinians is considered a crime of apartheid. These actions are directed first and foremost against the Palestinians and are with the intention to prevent the establishment of a future Palestinian state by means of taking control of Area C.”

U.S.-Brokered Compromise at the UN: Bibi Makes – and then breaks – Promises to Biden Admin on Settlements, Outposts, Raids, and Demolitions

This week, the United States succeeded in convincing the Palestinian leadership to forgo its push for a Security Council vote on a resolution condemning Israel’s settlement activity, and instead settle for an exceedingly weak statement on the matter signed by the UN Security Council, including the United States.

In exchange for this significant downgrade of international action, Israel reportedly promised that it would not authorize any additional settlement plans or outpost legalizations for some time, with some outlets suggesting Israel committed to a six-month reprieve. This pause, of course, did not stop Israel from advancing 7,000+ plans this week, including the creation of 15 new settlements.

Israel further agreed to pause its concerted efforts to demolish and evict Palestinians from their homes in East Jerusalem and Area C of the West Bank, and to reduce military incursions into Palestinian cities. This of course did not stop Israel from conducted a massive mid-day raid into the old city of Nablus this week – killing 11 Palestinians, included a teenager and three elderly. Over one hundred Palesitians were hospitalized, including an 11-year old who was shot in the leg and got shrapnel wounds to his liver, all while going to the market to get a sandwich. Lastly, press reports that Israel committed to several economic measures to help the Palestinian Authority, including increasing tax revenues.

The U.S. also promised to invite Palestinian Authority President Mahmoud Abbas to the White House, and committed to submitting a request to Israel to reopen the U.S. Consulate in Jerusalem.

On February 20th, the UN Security Council released its statement, which did not strongly condemn Israeli settlement activity – only expressed “deep concern and dismay” at Israel’s recent settlement approvals. Instead, the statement called on all sides to deescalate and condemned acts of violence by all parties.

Notably, this is the first time in eight years the Security Council has produced a formal product related to Palestine, wit the last action being the 2016 resolution on settlements (which the U.S. abstained from). Palestinian diplomat Riyad Mansour told the Washington Post that 14 out of 15 members of the Security Council supported the draft resolution, clearly intimating the United States is the sole reason the resolution was dropped in favor of a statement.

Multiple East Jerusalem Evictions Expected in March

Ir Amim reports that there are four pending eviction cases threatening to displace 150 Palestinians in early March, coinciding with the holy month of Ramadan. Those cases, summarized by Ir Amim, are:

Gaith-Sub Laban Family, Muslim Quarter, Old City – the family of veteran Ir Amim staff member, Ahmad Sub Laban, faces eviction…on March 15 following the Supreme Court’s decision to deny their request to appeal. All legal remedies have been exhausted, and hence the family is at risk of immediate eviction. Save for state intervention, there is no further recourse to prevent their displacement.

Shehadeh Family, Batan al-Hawa, Silwan – The District Court ruled to evict the family by March 1. A request to appeal to the Supreme Court is currently pending.

Salem Family, Um Haroun, Sheikh Jarrah – A decisive administrative hearing on their pending eviction is scheduled for March 9 at the Enforcement and Collections Authority. If authorized, the eviction could potentially be carried out by the end of March.

Dajani, Daoud, Hammad Families, Kerem al Jaouni, Sheikh Jarrah – a Supreme Court hearing on their appeal is scheduled for March 29. While a similar ruling is expected to that of the one handed down last year in the cases of four other families from the neighborhood, the outcome is still not definitive.

For a deep dive into the legal cases of each family, please see Ir Amim’s comprehensive reporting.

As a reminder, Netanyahu has reportedly promised the United States that it will suspend evictions for a few months. However, Israel made several other promises the United States that it has already violated – including the legalization of more outposts and provocative, violent military actions in the West Bank.

Ir Amim writes:

“Evictions of Palestinian families and settler takeovers of their homes have increasingly been used as a strategy to cement Israeli hegemony of the Old City Basin, the most religiously and politically sensitive part of Jerusalem and a core issue of the conflict. These measures are reinforced by a constellation of settler-operated tourist sites, which together serve to alter the character of the space and forge a ring of Israeli control around the area. This creates an irreversible reality on the ground that deliberately subverts efforts towards an agreed political resolution on Jerusalem. Moreover, such actions severely violate the individual and collective rights of Palestinians in the city and contravenes International Law, while carrying an acute humanitarian impact on the affected families. Since the eviction claims are based on inherently discriminatory laws, the legal recourse is limited. The political nature of these measures hence requires state intervention as a result of concerted engagement.”

New Report: Displacement via Bureaucracy in East Jerusalem

In a new report, Who Profits explains how Israel – following its illegal annexation of East Jerusalem in 1967 – has weaponized government bureaucracy in order to expand settlement and displace Palestinians. Who Profits zooms in on two key levers of power that Israel wields to achieve these goals: land registration and residency permits.

On land registration, Who Profits provides an explanation of the history, the mechanisms, and the consequences of land registration on Palestinian. The entire report, but especially this section, is worth reading closely because it unpacks how the land registration process works. Who Profits explains the scale of potential harm involved:

“Around 90% of land in East Jerusalem (30% of all land in the city),31 was never registered, as Israel froze all land registration proceedings until the launch of this formal land drive in 2018. Although framed as part of a larger package to uplift East Jerusalem and its Palestinian inhabitants’ socio-economic conditions and development, land registration is a key part of Israel’s larger geopolitical agenda of Judaizing and strengthening Israeli governance on the ground, through which it can entrench “sovereignty over East Jerusalem,” as succinctly articulated by the then Minister of Justice, Ayelet Shaked. According to the Civic Coalition to Defend Palestinian Rights in Jerusalem, the land registration process may lead to the confiscation of around 60% of Palestinian land and mass Palestinian dispossession, in violation of international law.”

On residency rights, Who Profits digs into Israel’s “center of life” policy, under which Palestinians may lose their Jerusalem residency if the State believes that an individuals “center of life” is outside of the city. Who Profits writes: “The process imposed by the Israeli Ministry of Interior on Palestinians in Jerusalem to prove that Jerusalem is their “center of life” is deliberately convoluted, draconian, and time-consuming, functioning as an additional means to surveil Palestinian Jerusalemites’ everyday lives and ultimately push them out of their city.” Who Profits profiles three private companies which Israel has contracted with to conduct investigations in Palestinians lives, to support the revocation of residency rights.

This new Who Profits reports dovetails perfectly with the recent legal analysis “A Theory of Annexation” which examines how the Israeli state is similarly using bureaucracy to annex the West Bank. So, whether the goal be displacement or annexation, bureaucratic enforcement is clearly a major tool and tactic to achieve it.

Bonus Reads

“Police arrest 5 settlers over clash with IDF soldiers, torching of Palestinian car” (The Times of Israel)
“The White House Is Still Whitewashing Israel’s West Bank Settlement Project” (Haaretz)
“Why Israel’s goal of pacifying the Palestinians is failing” (+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.

February 17, 2023

Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 1: The Big Picture
Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 2: “Legalization” of Outposts
Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 3: Thousands of New Settlement Units
Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 4: International Responses
Cabinet & Knesset Advance Bill to Repeal Parts of 2005 Disengagement, Reestablish Four Settlements Including Homesh
Smotrich’s Plans to Take Over the West Bank
Settler Olive Orchard & New Outpost Are Dismantled by Government, Causing Coalition Fight
Settler Groups Convene Workshop on Jordan Valley Annexation
Bonus Reads

Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 1: The Big Picture

On February 12th, the Israeli Cabinet announced the single largest batch of settlement approvals in the past decade (and the first settlement announcement in more than a year). In announcing this huge wave of settlement activity, the Cabinet said it was doing so in response to a recent spate of Palestinian attacks on Israelis, most recently a car ramming attack in East Jerusalem.

As detailed below, the numbers of new settlement units and newly legalized outposts involved in this announcement are huge, but those numbers only tell a part of the entire story. With these approvals Israel is also laying the groundwork for massive infrastructure projects for the benefit of settlers and further entrenchment of Israeli security to protect these investments.

Moreover, there is no reason to believe this massive announcement is the end of the story with respect to new settlement approvals; it should be recalled that key members of the Security Cabinet – specifically Ben Gvir and Smotrich – reportedly pressed for an even bigger batch of settlement advancements, including the legalization of 77 outposts and approval of 14,000 new settlement units. The February 12th approvals will only whet the appetite of these ministers for more – and given the ongoing escalation of violence on the ground, there is every likelihood that future attacks against Israelis will be used as pretexts for meeting their demands.

Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 2: “Legalization” of Outposts

In its Feb 12th decision, the Israeli Cabinet directed the relevant ministries to carry out the necessary steps to grant retroactive legalization to ten outposts located across the West Bank. In order to be fully legalized under Israeli law (but not under international law, according to which it is illegal for an occupying power to establish any civilian settlement/colony in any territory it is holding under military occupation is illegal) these outposts will need to have the status of the land clarified, then have a building plan completed, and then go through a 5-step approval process. Finance Minister Bezalel Smotrich made clear he intends to radically simplify and speed up this process when/if he is able to take control over West Bank planning bodies.

This legalization will in effect create 10 new, independent settlements. It will grant legal status to all the pre-existing units in these new settlements (a combined total of 355 units) and open the door for the 10 new settlements to “legally” grow and expand, both in terms of land and housing/population.

Importantly, Haaretz reports that a source said the Cabinet chose these outposts for authorization specifically because they are all located in remote or isolated locations — meaning they cannot be “legalized” via expanding the borders of a nearby settlement and declaring the outposts to be merely neighborhoods of those “legal” settlements (a legal maneuver Israel has repeatedly used to expand settlements and retroactively legalize settlements). This means, among other things, that legalization of these 10 new settlements will likely lead to additional land seizures for related infrastructure work (work that was not legally possible until now).

With respect to the remaining outposts that remain not-yet-legalized, the Cabinet approval included a clause that makes them eligible – right away, even as they remain illegal – to receive Israeli municipal services like water and electricity. Defense Minister Galant only has to sign an electricity order that was crafted under the previous government. If implemented, connecting illegal outposts to state infrastructure amounts to the de facto legalization of these outposts, even without a formal act to declare them legal.

The ten outposts slated to become official, “legal” new settlements are: Avigail, Asael, Shaharit, Givat Arnon, Givat Harel and Givat Haro’eh (which will be combined into one new settlement), Malachei Hashalom, Mitzpe Yehuda, Beit Hogla, and Sde Boaz. For further details on these outposts, please see Peace Now’s report.

Of note:

Six of the outposts are located partially on land privately owned by Palestinians (Avigail, Givat Haroeh, Givat Harel, Givat Arnon, Mitzpe Yehuda, Malachei Hashalom).
Three of the outposts (Avigail, Givat Arnon, and Malachei Hashalom) are located within Israel-designated firing zones, where under Israeli law any civilian presence, much less illegal civilian construction, is prohibited.
Of particular note: the Avigail outpost is located in Firing Zone 918 in the South Hebron Hills. This is the same firing zone that is home to the Palestinian communities of Masafer Yatta — whose existence pre-dates Israel’s declaration of the area as a firing zone. Those communities are today in the process of being ethnically cleansed by Israel, based on the same law that Israel is ignoring in its legalization of the Avigail outpost.
Two of the outposts (Avigail and Asael) have, illegally, built access roads on privately owned Palestinian land. Legalization of the outposts will undoubtedly also include the theft of the Palestinian-owned land these roads were illegally built on.
Three of the outposts (Schacharit, Mitzpe Yehuda, and Malachei Hashalom)- are so-called “farming outposts.” That means they include very few buildings (3, 4, and 10, respectively), but a lot of land. The phenomenon of farming outposts, which have proven to be an incredibly efficient way for settlers to take over large areas of the West Bank with minimal investment in buildings and the involvement of very few people. This has been documented by the Israeli NGO Kerem Navot, which called the tactic “Israel’s most significant mechanism for dispossessing Palestinian communities.”

Minister Smotrich celebrated the announcement of the legalization of the 10 outposts and promised that there is more to come:

“That is what we as a government and as a people must do. Settlements thrive thanks to the pioneers, with much love and determination…We’ve authorized 10 outposts and we have the means to authorize more if required. My coalition partners understand this is the logical move. We’re also committed to removing all restrictions on settlement expansion in Judea and Samaria. This area must be managed in accordance with the Israeli law applicable in all parts of Israel.”

The Minister of the Negev, the Galilee and National Resilience, Yitzhak Wasserlauf, also celebrated the announcement as the start of things to come:

“Congratulations to the Security Cabinet that accepted Minister Ben-Gvir’s request and approved the communities. The dedicated settlers deserve to receive water, electricity, and public buildings. However, we will not be satisfied with just nine settlements, they are only the beginning, on the way to training more settlements, on the way to the fulfillment of the Zionist vision.”

As a reminder, Yitzhak Wasserful (a member of Ben Gvir’s Otzma Yehudit part) was granted an expanded portfolio as the Minister of the Negev and Galilee. He will now also oversee a new “young settlement department” (“young settlement” is a euphemism used by settlers for illegal outposts) that will be engaged in preparatory work for the legalization of outposts, and will also work on plans to deliver infrastructure to the outposts.

Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 3: Thousands of New Settlement Units

As a result of the February 12th Israeli Security Cabinet meeting, the Civil Administration’s High Planning Council – the body that currently oversees all planning/building in the occupied West Bank – will convene in the coming days to advance plans for over 7,000 new settlement units (Minister Smotrich says 10,000 units will be advanced).

Of that total, Haaretz reports that 1,943 units are expected to immediately receive final approval for construction (including some units which have already been built but will be legalized); another 5,089 units are expected to be advanced in the planning process.

While there is no comprehensive list of all of the plans involved in these approvals and advancements, Haaretz reports that the plans expected to receive final approval will include new units in the following settlements: Rahelim, Neriya, Dolev, and Elon Moreh, Mevo’ot Yericho, and Elazar. Arutz Sheva further reports that 210 units in the Mevo Horon settlement will receive final approval, 100 of which were built illegally already.

Of particular note is a plan for 443 units in the Elazar settlement. This is, effectively, the reestablishment of the Netiv Ha’avot outpost, where five years ago the Israeli government demolished 17 structures because they were partially built on privately-owned Palestinian land (as compensation for those demolitions, the Israeli government built the evacuees an entirely new outpost near the Alon Shvut settlement, and then went about expanding the borders of the settlement to include the new buildings).

The plans not yet ready for final approvals but that are expected to be advanced in the planning process include plans for new construction in the Adam-Geva Binyamin settlement (356 units), the newly established Tel Zion settlement (627 units), the Kochav Yaakov settlement (160 units), and the Mitzpe Yericho settlement (350 units).

Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 4: International Responses

Key members of the international community were quick to come out in (rhetorical) opposition to Israel’s massive settlement announcement. The U.S., U.K, France, Germany, and Italy released a joint statement “strongly opposing” the announcement saying they are “deeply troubled” by it – but none suggested they were entertaining any thoughts of imposing consequences.

The Palestinian Authority is reportedly pressing the United Nations Security Council to hold a vote in the coming days on a resolution calling on Israel to “immediately and completely” halt settlement activities. The U.S. has called the draft resolution “unhelpful” and is reported to be working against it (while also issuing public statements of dismay). Axios reports that Israeli officials believe the Palestinians are likely to secure enough support for such a resolution to pass if it is brought up for a vote, which would put the U.S. in the position of having to decide whether to vote in favor (inconceivable), abstain (improbable), or veto (likely). The U.S. is reportedly trying to convince the Palestinians to accept a statement from the Security Council in lieu of a vote.

Cabinet & Knesset Advance Bill to Repeal Parts of 2005 Disengagement, Reestablish Four Settlements Including Homesh

On February 14th, the Ministerial Committee for Legislation (a body of Ministers who decide whether to give government-backing to bills prior to their introduction to the Knesset) voted to give its approval to a bill that would repeal specific clauses of the 2005 Disengagement Law. These are the clauses that prohibit Israelis from living in the area of four settlements in the northern West Bank that were evacuated under Disengagement. If passed by the Knesset, the repeal of those clauses will allow the government to proceed with its plans to reestablish the Homesh settlement and retroactively legalize the yeshiva located there (as well as, in theory, allowing the reestablishment of the other three evacuated settlements).

Quickly following the Cabinet’s vote, the bill passed its preliminary reading in the Knesset on February 15th. It will need to pass three more readings before becoming law.

Peace Now explains the implications:

“From a human rights perspective, this will lead to a massive stealing of Palestinian land alongside increased settler violence and real danger to Palestinian lives. Homesh was primarily built on private Palestinian lands registered in the tabu (the Land Registration Office). Thus, this law will drive a final nail in the honest attempt of Palestinians to recover the massive land grab that was taken from them, and from the landowners in particular. In addition, although the Homesh settlement was evicted, a small Yeshiva located there has since been a source of violence from settlers who receive protection from the army while preventing Palestinian farmers from reaching their land. The lifting of the legal ban on the presence of Israelis in the area will provide an incentive for the arrival of more Israelis in the area. As a result, Palestinian lands will continue to be, at least de facto, expropriated.”

As a reminder, the retroactive legalization of the Homesh outpost was agreed to in coalition agreements that enabled the formation of the current Israeli government. Repealing the relevant parts of the 2005 Disengagement Law is the first step to implementing this commitment.

Also as a reminder: The government is currently facing a deadline from Israel’s High Court of Justice to submit its position on the court-ordered evacuation of the illegal yeshiva settlers built at the site of the dismantled Homesh settlement. The State 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, 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 the Israeli NGO 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.

Smotrich’s Plans to Take Over the West Bank

Haaretz obtained a draft government decision detailing plans to create a proposed “Settlement Administration” within the Defense Ministry. This plan would give Bezalel Smotrich – a minister in the Defense Ministry – authority, either directly or through his appointee, over the entire Civil Administration and, ipso facto, all civilian affairs in the West Bank. Smotrich proposes his new “ministry within a ministry” receive an initial budget of at least 80 million shekels.

The draft proposal was circulated to Ministers this week, but still faces opposition, including from Defense Minister Gallant – at whose expense Smotrich’s power grab would come. According to Haaretz, the proposed draft includes a carve-out for Gallant to overrule Smotrich’s authority over civil matters “in exceptional circumstances subject to the defense minister’s decision to change a specific decision or action in exceptional cases, with appropriate justification and subject to hearing the position of the other minister.”

The proposal is also opposed by IDF Chief of Staff Herzi Halevi, who reportedly told Prime Minister Netanyahu fears the plan would lead to a breakdown in the IDF chain of command.

Settler Olive Orchard & New Outpost Are Dismantled by Government, Causing Coalition Fight

A series of enforcement actions against illegal settlement activity in the West Bank has further driven a wedge between members of Netanyahu’s far-right coalition.

First, on February 12th Israeli forces dismantled a new outpost – dubbed “Gofna” by settlers – located in the northern West Bank. Six settler families arrived the previous night in an organized effort to quickly build several structures. Those buildings were demolished by the Israeli Border Police; settlers attempted to prevent the police from carrying out the evacuation. The Gofna outpost was previously established (and quickly dismantled) in July 2022 as part of a massive campaign led by the Nachala Movement to set up new outposts across the West Bank.

Then, on February 15th the Civil Administration uprooted over 800 olive trees that a settler illegally planted on land that the Israeli High Court has recognized as privately-owned Palestinian land, located near the Shilo settlement. The 2023 Court ruling concluded 15 years of litigation, but its enforcement has been repeatedly postponed. Dozens of settlers clashed violently with Israeli Border Police carrying out the tree removal; some of the settlers climbed the trees in hopes of stopping the bulldozers, and even some Knesset Members angrily tried to stop the officers from carrying out the law. Forty settlers/settler supporters were temporarily detained for their part in the violence; four Border Police officers were suspended after video footage captured them attacking one of the protestors.

Reports of the removal of the trees caused an immediate crisis in the government. Smotrich claimed that he had previously issued an order that vacated the court-ordered evacuation (in effect, Smotrich asserting the power to personally overrule the Israeli High Court). Any such order Smotrich may have issued was apparently overruled by Defense Minister Gallant – – with whom Smotrich is engaged in a power struggle (discussed above). Smotrich then wrote an urgent letter to Prime Minister Nentanyahu, who ordered the Civil Administration to halt the demolition hours after it began, though only a few trees remained in the ground at that point.

Smotrich later rehashed the turmoil, saying:

“To my astonishment, Defense Minister [Yoav Gallant] grossly violated the coalition agreement and reversed my decision…And, instead of implementing a settlement security policy, Gallant chose to continue the left-wing policy of former minister Benny Gantz and uproot the grove even though the claims against the grove were proven to be false in the legal proceedings…..violation of the [coalition] agreements will make it very difficult for the government and the coalition to conduct themselves properly.”

Later, on Twitter, Smotrich continued:

“Defense Minister Gallant’s denial of the unambiguous agreements and the prime minister’s foot dragging on the matter are unacceptable and they cannot continue…if Gallant has a problem, he’s welcome to hand in the keys. I’m sure there are lots of people in Likud who would be glad to take his place at the Defense Ministry.”

Minister Ben Gvir also vented his anger over law enforcement against illegal settler activities, saying:

“This isn’t what we signed up for when we agreed to join the Netanyahu government…We were promised a full-on right-wing government that can’t not evacuate Kahn al-Ahmar or avoid tearing down illegal buildings in East Jerusalem. A right-wing government doesn’t go only after Jews.”

Settler Groups Convene Workshop on Jordan Valley Annexation

Settler groups are continuing their push for Israel to annex the Jordan Valley. On February 12th, two settler advocacy groups held an event for lawmakers and security leaders in the Jordan Valley, starting with a tour of the region and a workshop to “discuss the challenges of sovereignty in the Valley and ways to deal with them.”

Yehudit Katsover and Nadia Matar, co-chairwomen of the Sovereignty Movement, and Nili Naouri, who heads the Israel Forever movement, who together hosted the event, said in a statement:

“sovereignty in the Jordan Valley is a necessary step for both the security, strategic and internal security aspects of the future of Israel, as expressed by prime ministers over the years, leaders of both Right and Left, which illustrates the broad national consensus behind taking the step of sovereignty in this area. Sovereignty in the Valley also does not constitute a demographic threat to the Jewish character of the State of Israel.”

MK Sharen Haskel, who attended the event and who has previously introduced annexation bills in the Knesset, said:

“The message that we’re trying to send is that this is the place where we have to apply sovereignty first. This is not just a question of sovereignty, this is also a question of security and defense of our country and of our people…We are here seeing the mountains on both sides from Jordan and the areas of Judea and Samaria, and we understand that this ground is a tactic ground that is meant to guard our security need of the state of Israel.”

Bonus Reads

“Israel is Annexing the West Bank. Don’t be Misled by its Gaslighting” (Just Security)
“Go West Bank: Israel Is Using the Housing Crisis to Lure Israelis Into Becoming Settlers” (Haaretz)
“The Kohelet Tentacles: Inside the Web Surrounding the Right-wing Think Tank” (Haaretz)
“Pompeo: Israel has Biblical claim to the land so it can’t be an occupier” (MEMO)

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.

Shameless Plug: Check out the latest episode of FMEP’s Occupied Thoughts podcast – Settler Violence: More Than Criminal – featuring Ziv Stahl (Yesh Din) and FMEP’s Kristin McCarthy

February 10, 2023

Government Begins Forming Bureaucracy for Annexation
Smotrich Says No Settlement Freeze, Asks Settlers to Hold Off on New Outposts
A New Settlement: Israel Establishes Tel Zion as Independent Settlement
Israeli Government Expected to Advance Atarot Settlement Plan
Court Grants State Two-Month Delay in Khan Al-Ahmar Forced Displacement
Israeli Cabinet Prepares for Vote to Amend 2005 Disengagement Law, Legalize Homesh Outpost & Yeshiva
Bibi Pitches Massive Tunnel Construction in West Bank to French Investors
Smotrich Resigns, Brings Criminal Settler into Knesset
Bonus Reads

Government Begins Forming Bureaucracy for Annexation

As the new Israeli government continues to take shape, the bureaucratic mechanisms of annexation have come into focus.

Key components of this bureaucracy will reportedly include a new “Settlement Administration,” the creation of which is still pending an agreement between Smotrich and Defense Minister Gallant on how duties in the Defense Ministry will be divided (a division which is facing international opposition). In a meeting with settler leaders, Smotrich unveiled a plan for a new “settlement administration” that will attempt to centralize the Defense Ministry’s efforts accomplish several key objectives: to promote settlements, to take control of more land, to handle legal cases related to the settlements, and to advance Smotrich’s long-time goal of dismantling the Civil Administration in order to bring the settlements under the direct governance of the Israeli state (annexation).

According to Smotrich, this new administration will operate on a two year timeline to achieve its goals, ultimately working itself out of existence once all powers over the settlements are transferred from the Civil Administration to the various Israeli Ministries. According to Haaretz, Yehuda Eliyahu is likely to lead the settlement administration under the management of Smotrich. Smotrich and Eliyahu co-founded the Regavim settler group.

In addition, the Israeli government expanded the portfolio of the Minister of the Negev and Galilee, a post held by Otzma Yehudit member Yitzhak Wasserful. The expanded position will also have a new “young settlement department” (young settlement is a euphemism used by settlers for outposts). This department will be engaged in preparatory work for the legalization of outposts, and will also work on plans to deliver infrastructure to the outposts. Prior to this new department, this ministerial post did not have any authority in the West Bank (i.e. outside of Israel’s sovereign borders).

Haaretz details how these new bodies will interact:

“… if outposts are legalized, the process will likely be divided among three different agencies. The Civil Administration, which is under Smotrich’s control according to the coalition agreement, will be in charge of formal legalization. But responsibility for building or improving infrastructure in outposts will be divided between two other agencies. One is the National Missions Ministry, headed by Orit Strock (Religious Zionism). The other is the so-called young settlement department.”

Lastly, Emek Shaveh reports on a January 29th government decision which transferred the Israeli Antiquities Authority (IAA) from the Ministry of Culture to the Ministry of Heritage, which is now headed by Jewish Power MK Amihai Eliyahu. 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 which has historically been in charge. The government also tasked Eliyahu with preparing an emergency plan to “safeguard” antiquity sites in the West Bank specifically, where settlers have spent years alleging neglect and destruction of heritage sites by Palestinians and the Palestinian Authority (which, turns out, has created a basis for the government to take control over those sites – go figure). The government allocated NIS 150 million to the effort.

Emek Shaveh reacts:

“After years of monitoring the process of weaponizing ancient sites in the service of the settlements in East Jerusalem and the West Bank, we are not surprised that the ultranationalist Jewish Power party demanded the heritage portfolio. An indication of the minister’s intentions was offered in January, when Eliyahu took over from outgoing minister of Heritage and Jerusalem Affairs, Ze’ev Elkin. At the ceremony he said: ‘Israel needs three pillars in order to stand strong: the security pillar, the economic pillar and a third pillar which is the pillar of significance.’ He added ‘The Ministry of Heritage will strengthen the third pillar. We will fortify our national resilience by encountering our heritage. We will protect the various heritage sites and devise programs to deepen Jewish identity’.”

For an overview of Israel’s weaponization of archaeology in its effort to take control of more land in Jerusalem and the West Bank, please see Emek Shaveh’s report.

Smotrich Says No Settlement Freeze, Asks Settlers to Hold Off on New Outposts

Following reports that Netanyahu had conceded to the U.S. request to freeze settlement construction in order to de-escalate tensions, Finance Minister Bezalel Smotrich repudiated the idea of any freeze, saying: “There will be no freeze on construction in Judea and Samaria. Period.”

Smotrich’s statement, however, did not contradict reports that he had asked settler leaders to stop efforts to establish new outposts, asking settlers leaders to coordinate all activity with the government. Smotrich publicly explained his request to pause outpost construction, saying at the weekly meeting of the Religious Zionism party:

“Our ambition is not to have to resort to illegal measures. We want the government to officially adopt a policy of recognizing all the communities in the settlements and also, of establishing new communities, in line with natural growth. None of us considers himself above the law. We are the government, and this will take more than a day or two, but I’m convinced that we’ll see substantial changes occurring in the near future.”

A New Settlement: Israel Establishes Tel Zion as Independent Settlement

On February 5th, the Israeli Cabinet approved a plan that will, once implemented, establish a new settlement, Tel Zion, by splitting off the Ultra-Orthodox section of the Kochav Yaakov settlement, located east of Jerusalem. The approval of this plan was delayed from consideration last month while U.S. National Security Advisor Jake Sullivan was in Israel.

The creation of the “Tel Zion” settlement is part of Netanyahu’s coalition deal with the ultra-Orthodox Shas Party, and is also supported by Defense Minister Gallant.

Israeli Government Expected to Advance Atarot Settlement Plan

Peace Now reports that the Netanyahu government appears likely to re-engage a plan to build the Atarot settlement.

The plan for the Atarot settlement, which has existed since 2007, calls for a huge new settlement on the site of the defunct Qalandiya Airport, located on a sliver of land between Ramallah and Jerusalem. In its current form, the plan provides for up to 9,000 residential units for ultra-Orthodox Jews (assuming, conservatively, an average family size of 6, this means housing for 54,000 people), as well as synagogues, ritual baths (mikvehs), commercial properties, offices and work spaces, a hotel, and a water reservoir. If built, the Atarot settlement will effectively be an Israeli city surrounded by Palestinian East Jerusalem neighborhoods on three sides and Ramallah to its north. Geopolitically, it will have a similar impact to E-1 in terms of dismembering the West Bank and cutting it off from Jerusalem. For more on the Atarot settlement plan, please see here.

The Atarot settlement plan was last considered in 2021 when Naftali Bennet was Prime Minister, but was delayed from consideration by the planning committee – reportedly at the urging of U.S. Secretary of State Blinken. The Committee delayed advancement of the plan by ordering an environmental study which was expected to take about one year. Notably, in ordering the study, the Court made it clear that the environmental study is “standard practice” and expressed support for the underlying plan, saying it believes the plan represents a proper use of unutilized land reserves.

Peace Now said in a statement:

“This is a highly dangerous plan that could land a fatal blow to the prospect of peace and two states. The Atarot plan puts a wedge in the heart of the existing Palestinian urban continuum between Ramallah and East Jerusalem, thus preventing the possibility of establishing a Palestinian state with its capital in East Jerusalem. If the plan is not removed from the agenda of Israel´s far-right and pro-settler government, an eventual political resolution will become even harder to reach.”

Court Grants State Two-Month Delay in Khan Al-Ahmar Forced Displacement

On February 7th, the Israeli Supreme Court granted the State until April 2nd – a two month delay when the State had requested four months delay – to submit a plan to forcibly remove the Khan Al Ahmar bedouin community (a war crime) from its lands just outside of Jerusalem. The Court also set May 1st as the date for a final hearing on a petition submitted by the Regavim settler group demanding the immediate removal of Khan Al-Ahmar.

As with previous delays (there have been a total of 9), the Court expressed its extreme displeasure with the State’s foot dragging. Justice Noam Sohlberg said in his ruling:

“Suffice it to say that we are not at all satisfied with the conduct of the state…[the state’s behavior demonstrates] the existing situation is comfortable for it: Once every few months it files a request for an extension, which the petitioner opposes and the court accedes to through gritted teeth, and the world carries on as normal; deciding not to decide.”

In a statement revealing its ideological motivations, Regavim wrote:

“The government should formulate a working plan for the enforcement of the law in Khan al-Ahmar, as part of a fight against the Palestinian Authority’s institutionalized takeover of open areas in Judea and Samaria. The State of Israel must behave like the owner of the house, even in the face of American pressure, otherwise no one in the world will take it seriously.”

Israeli Cabinet Prepares for Vote to Amend 2005 Disengagement Law, Legalize Homesh Outpost & Yeshiva

The Israeli Cabinet’s Ministerial Committee on Legislation is expected to vote to amend the 2005 Disengagement Law at its February 12th meeting in order to pave the way for the reestablishment of four settlements in the northern West Bank. Jerusalem Post reports that the measure is expected to have enough support to be approved by the Cabinet and passed by the Knesset.

If passed, the bill will allow Israel to grant retroactive legalization to the Homesh outpost and yeshiva – reestablishing Homesh as a fully legal, under Israeli law, settlement. The retroactive legalization of Homesh was agreed to in coalition agreements that formed the current Israeli government.

The vote comes as the government faces a deadline from the High Court to submit its position on the court-ordered evacuation of the illegal yeshiva settlers built at the site of the dismantled Homesh outpost. The State has, for nearly three years, delayed its response to a 2019 petition filed by Yesh Din seeking the removal the illegal Homesh outpost and yeshiva, as well as guarantee 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, while allowing settlers to routinely enter and (illegally, under Israeli law) inhabit the land, even (illegally) establishing a yeshiva there. That yeshiva, according to the Israeli NGO 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.

Bibi Pitches Massive Tunnel Construction in West Bank to French Investors

The Times of Israel reports that Netanyahu held a meeting with investors to pitch a massive construction project that would see highspeed tunnels be carved into the terrain throughout the West Bank in order to connect Israeli settlements together, and have more seamless access to Jerusalem and Tel Aviv. The underground highways would be designed in such a way to provide so-called “transportational contiguity” for both Israelis and Palestinians, in lieu of territorial contiguity for the latter (an idea endorsed in the Trump plan). The tunnel vision would effectively annex the settlements to Israel, and entrench a separate but unequal transportation grid that severely limits Palestinian freedom of movement, access to land, and more. The Israeli notion of “transportational contiguity” is put forward as an alternative to “territorial contiguity” which is no longer possible for Palestinians because of Israeli settlements, infrastructure, and control. The notion also gives permission to Israel for further settlement growth.

Smotrich Resigns, Brings Criminal Settler into Knesset

Finance Minister Bezalel Smotrich formally resigned his seat in the Knesset in order to focus his time on his Ministry postings, which not only include head of the Finance Ministry but also as a key minister within the Defense Ministry in control of the Civil Administration. Upon his resignation, the vacant Knesset seat has been filled by the next name on the Religious Zionist Party slate, and that happens to be Zvi Sukkot – a hardline settler who is one of the founders of Evyatar outpost.

Sukkot lives in the Yitzhar settlement – a hotbed of settler extremism and violence, the home of the notorious “Hilltop Youth” movement that has terrorized the Nablus region. He has been arrested on suspicion of arson in a 2010 attack on a Palestinian mosque. In 2012, he was temporarily banned from the West Bank on suspicion that he was orchestrating attacks on Palestinians.

Bonus Reads

“In West Bank, Settlers Sense Their Moment After Far Right’s Rise” (New York Times)
“Israel steps up Jerusalem home demolitions as violence rises” (AP)
“From This Hill, You Can See the Next Intifada” (The Atlantic)
“Threat Still Looms Despite Postponement of Largescale Wadi Qaddum Demolition” (Ir Amim)
“ICJ sets July 25 for submission on illegality of Israel’s ‘occupation’” (Jerusalem Post)

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

To subscribe to this report, please click here.

February 3, 2023

Following Neve Yaakov Attack, Settlers Rampage & Bibi Vows to “Strengthen Settlements”
Bibi Requests 9th Delay in Khan Al-Ahmar Case, New Deadline for War Crime is June 1st
West Bank Settler Population Tops 500k According to Settler Group
Bonus Reads

Following Neve Yaakov Attack, Settlers Rampage & Bibi Vows to “Strengthen Settlements”

On January 28th, the Israeli security Cabinet approved several measures in response to the mass shooting perpetrated by a Palestinian targeting Jewish Israelis in the East Jerusalem settlement of Neve Yaakov. The measures – which inflict severe and collective punishment not only on the family of the Palestinian gunman but on Palestinians more broadly – include a general commitment to “strengthen settlements”.

In announcing the measures, Netanyahu said:

“we will decide soon on steps to strengthen settlement in Judea and Samaria in order to make it clear to the terrorists who seek to uproot us from our land that we are here to stay.”

Netanyahu’s vague commitment likely did not satisfy Cabinet Ministers Bezalel Smotrich and Itamar Ben Gvir, both of whom issued specific calls for settlement deliverables. Smotrich reportedly pressed for the construction of the E-1 settlement and for the approval of every settlement plan pending with the Civil Administration’s High Planning Council.

Ben Gvir suggested granting immediate authorization to seven outposts – that number chosen to “honor” the seven Israelis who were killed in the attack. The outposts Ben Gvir identified are:

Avigail and Asael in the South Hebron Hills.
Shaharit, Tel Zion and Givat Harel in the northern West Bank
Avnat and Kedem Arava in the Jordan Valley

Additionally, Israel Hayom reported on January 25th (prior to the Neve Yaakov attack) that the government is close to finalizing a “mini annexation plan.” Leaks about the plan suggest that the government is prepared to:

Immediately convene the High Planning Council to approve some 18,000 new units;
Moving forward, convene the High Planning Council once a month, rather than every three months, which has been the schedule since the Obama years;
Create a new planning body to handle non-residential construction on an expedited and streamlined process. This body would meet even more regularly, perhaps every few weeks;
To simplify the approval process for residential settlement construction so that it only requires the approval of two entities instead of the current five;
There was also discussion of a significant change in how Israel will handle West Bank infrastructure projects, to begin taking into account Palestinians in its assessments of the population infrastructure projects would benefit – a change that, if adopted, can be viewed as an act of clear de facto annexation.

While the government ponders which settlement plans it will advance in the wake of the Neve Yaacov attack, settlers have taken matters into their own hands, inflicting violence and destruction across the West Bank. Wafa reported 144 settler attacks on Saturday January 27th alone.

All told, 35 Palestinians were killed by Israelis in January 2023, making it the deadliest month for Palestinians since the conclusion of the Second Intifada. +972 Magazine reports:

“Out of the 35 Palestinians killed in January of this year, 25 were killed during Israeli military raids in areas of the West Bank under Palestinian control, mostly in the Jenin refugee camp. Five Palestinians were killed while they allegedly attacked or tried to attack soldiers or settlers; three were killed during protests that were unrelated to the army’s raids; one Palestinian was killed during a search at a checkpoint; and another Palestinian was killed while he allegedly ran away from such a search…Six of the 35 killed were minors, while the average age of the dead was 26 years old. Twenty were from the Jenin area, most of whom were killed in the refugee camp. In total, 23 of the dead, including all six minors, were from the northern West Bank.”

Bibi Requests 9th Delay in Khan Al-Ahmar Case, New Deadline for War Crime is June 1st

On February 1st, the Israeli government submitted its ninth request to the Supreme Court seeking to delay publishing its plan to forcibly relocate the Khan Al-Ahmar bedouin community from its land just outside of Jerusalem. In requesting a four-month delay, the government reiterated its commitment to expelling Khan Al-Ahmar, saying it just needs more time to formulate its plan.

The government justified its request by citing the lengthy period of time it took for the new government to be established, but Israeli press also speculate that Netanayhu bowed to international opposition to the pending war crime. Indeed, the State’s request cited the potential diplomatic ramifications of the plan as a basis for further delay.

Hebrew media further report that Netanyahu had to overrule two of his Cabinet members – Itamar Ben Gvir and Bezalel Smotrich – who have long derided previous governments for failing to destroy Khan Al-Ahmar. Smotrich was once the head of the organization (Regavim) which is behind the 2009 petition to force the government to destroy the village, which lacks Israeli building permits (permits that are nearly impossible to receive from Israel). Smotrich is now in charge of enforcing building regulations in the West Bank.

Eid Abu Hamis, one of the leaders of the battle against the evacuation, explained the personal cost of the 14-year battle his village has fought:

“We are living in one house like sardines. Me, my children and my grandchildren, but 800 meters from me [in Kfar Adumim] everyone lives in a house of their own. We are 14 people in a house of 120 square meters. It’s not okay that in Beit El, [where the offices of the Civil Administration are located] Ben-Gvir will decide. We need to sit people down and help them, they should come look at us in the eyes.”

The Friends of Jahalin organization responded to the state’s request for an extension, saying:

“The state should not be satisfied with the extension request. It should adopt the preexisting plan that was designed by the experts and submitted by the previous government. The plan called to legalize the community land without disrupting its way of life by relocating it to nearby state land. It is tragic that the state has given in to the demands of a small group of settlers that live nearby for so long, who want to live in a purely Jewish area and are leading us to an insane situation which will end up with all of us on trial in The Hague and damage Israel’s international reputation. The people calling to evacuate Khan al-Ahmar are a prime example of ‘the landlord’s lament’ – the same people who set up illegal settlements near Khan al-Ahmar, are now crying ‘destroy the Khan, it’s illegal.'”

Sarit Michaeli, Spokesperson for the Israeli human rights group B’Tselem, said in response to the latest delay:

“Obviously it’s better than nothing, and important that Netanyahu/Smotrich understand the limitations of power. However – the demand must be a full moratorium on demolitions & evictions of Pals, in area C & East Jerusalem. Otherwise, we will be in the same place in 4 months.”

West Bank Settler Population Tops 500k According to Settler Group

According to a pro-settlement group which tracks settler populations, there are now more than 500,000 Jewish Israelis living in the West Bank, and the group projects that number will grow to reach the 1 million mark in 2047.

The report counts 502,991 settlers in the West Bank, a 2.5% rise from January 2022 and a 16% rise over the past five years. These figures do not include East Jerusalem settlements, and it is unclear how the report handles outposts, which do not appear on the lists.

Celebrating the half a million mark, the report’s author Baruch Gordon says:

“We’ve reached a huge hallmark. We’re here to stay.”

According to the report, the settlements which have seen the most growth over the past 12 months are:

Mevo Dotan, Eli Zehav, Bruchin, Nofim, in the northern West Bank
Nokdim, located near Bethlehem
Negohot in the South Hebron Hills.
Bet Haarava, Mevuot Yericho, and Naama in the Jordan Valley.

Bonus Reads

“Israel probes legality of US giving artifact to Palestinians” (AP)
“Jewish National Fund: A century of land theft, belligerence and erasure” (Middle East Eye)
“Expansion of Abraham Accords should not be tied to illegal settlements, US senator says” (Middle East Eye)
“West Bank Settlements Have Highest Percentage of Gun Owners, New Data Shows” (Haaretz)

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

To subscribe to this report, please click here.

January 27, 2023

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

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

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

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

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

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

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

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

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

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

Coalition Deal Includes Unilateral Annexation of West Bank Archaeological Sites

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

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

Emek Shaveh said in a statement:

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

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

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

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

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

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

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

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

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

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

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

Jerusalem expert Daniel Seidemann told +972:

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

Palestinians Protest Settler Cultivating Land Near Ramallah

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

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

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

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

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

Bonus Reads

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