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

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

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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:

1. 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.
2. 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.
3. 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.
4. 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

1. “Police arrest 5 settlers over clash with IDF soldiers, torching of Palestinian car” (The Times of Israel)
2. “The White House Is Still Whitewashing Israel’s West Bank Settlement Project” (Haaretz)
3. “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

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

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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

1. “Israel is Annexing the West Bank. Don’t be Misled by its Gaslighting” (Just Security)
2. “Go West Bank: Israel Is Using the Housing Crisis to Lure Israelis Into Becoming Settlers” (Haaretz)
3. “The Kohelet Tentacles: Inside the Web Surrounding the Right-wing Think Tank” (Haaretz)
4. “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

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

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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

1. “In West Bank, Settlers Sense Their Moment After Far Right’s Rise” (New York Times)
2. “Israel steps up Jerusalem home demolitions as violence rises” (AP)
3. “From This Hill, You Can See the Next Intifada” (The Atlantic)
4. “Threat Still Looms Despite Postponement of Largescale Wadi Qaddum Demolition” (Ir Amim)
5. “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

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

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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

1. “Israel probes legality of US giving artifact to Palestinians” (AP)
2. “Jewish National Fund: A century of land theft, belligerence and erasure” (Middle East Eye)
3. “Expansion of Abraham Accords should not be tied to illegal settlements, US senator says” (Middle East Eye)
4. “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

1. 1. De Facto Annexation in action: Bibi Confirms that Smotrich Now Runs the West Bank
   2. With Top U.S. Official In Country, Netanyahu Delays New Settlement Plan
   3. Coalition Deal Includes Unilateral Annexation of West Bank Archaeological Sites
   4. Concern Grows that New Gov Will Proceed with Mount of Olives “Park” Plan
   5. Palestinians Protest Settler Cultivating Land Near Ramallah
   6. Bonus Reads

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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

1. “Israel’s Knesset Extends West Bank Emergency Orders by Another Five Years” (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 20, 2023

1. Postponed: Plan to Massively Expand East Jerusalem Settlement Enclave
2. Coalition Deal Enables Massive Hebron Settlement Plan to Advance
3. Settlers to Petition Government to Annex Jordan Valley 
4. Bonus Reads

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Postponed: Plan to Massively Expand East Jerusalem Settlement Enclave 

Just hours before the Jerusalem Planning Committee was scheduled to advance a new plan to massively expand the Nof Tzion settlement enclave (located inside the Palestinian East Jerusalem neighborhood of Jabal Mukaber), consideration of the plan was removed from the agenda. Consideration of this plan has been postponed several times in recent months, with this latest deferral coming just before U.S. National Security Advisor Jake Sullivan arrived in Israel.

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. 

Ir Amim further explains the impact of these plans:

“Expanding the settlement towards the main entrance of Jabal Mukabber will infringe on the residents’ freedom of movement and further disrupt the fabric of life in the neighborhood. Prior experience show that during clashes and periods of tension and instability, Israel rushes to impose collective restrictions under the pretext of protecting Israeli settlers.”

Ir Amim researcher Aviv Tartarsky told Haaretz:

“In Jabel Mukaber, the state is handing over Palestinian homes to settlers just as in Sheikh Jarrah and Silwan… [A new settlement] that controls the entrance to Jabel Mukaber, will deepen the presence of the police, the border guard and armed security guards, which will harm the sense of security and disrupt daily life for the tens of thousands of neighborhood residents.”

Coalition Deal Enables Massive Hebron Settlement Plan to Advance

Haaretz reports that the coalition deal between the Likud and Religious Zionism parties includes an agreement to hand control of West Bank lands/properties owned by Jews before 1948 (and lost in the 1948 War)  back to their original owners (or their descendants). These assets have been held by the Israeli army since 1967, when Israel established its occupation of the West Bank, and since the 1990s Israeli government policy has viewed the disposition of these assets as a matter for final status talks with Palestinians. 

Peace Now and Bimkom estimate that 13,000 dunams (3,250 acres) of land in the West Bank are implicated in this policy, including about 70 buildings in central Hebron, the handover of which will enable  the realization of an Israeli plan to convert the old wholesale market into a new settlement compound.

In addition to buildings in Hebron, the move will affect land located for the most part in the areas surrounding Bethlehem as well as plots in the area of the Palestinian villages of Nabi Samwil, Batir, and Beit Furik – including plots in Area B of the West Bank, as defined by the Oslo Accords. 

As a reminder, while Israel implements this Jewish right to reclaim properties lost in the 1948 War (as it has done systematically in East Jerusalem for years), Israeli law systematically denies Palestinians any rights to claim properties they lost in that same war.

Settlers to Petition Government to Annex Jordan Valley 

The Sovereignty Youth Movement – a group of young settlers – has been gathering signatures for a letter calling on the Israeli government to annex the Jordan Valley. The group reportedly plans to send the letter to Prime Minister Netanyahu in the coming days. 

Meanwhile, six settlers in the Jordan Valley were caught on film violently attacking a group of tourists and Palestinians who were on a hike near Jericho. Settlers are seen striking the group with clubs and using pepper spray. The Israeli army arrived in time to escort the hikers out of danger, but no arrests were made (or have been since). Three hikers went to the hospital for their injuries.

One Israeli activist familiar with the area identified the attackers seen on video as residents of a nearby outpost, one of whom is known to be violent towards Palestinian shepherds.

Bonus Reads

1. “On Flimsy Grounds:  Israel’s Pervasive Night Arrests of Palestinian Children” (HaMoked)
2. “Protection of Civilians Report | 20 December 2022 – 9 January 2023” (OCHA)
3. “Israel’s new army chief Herzi Halevi forced to navigate multiple bosses, far-right whims” (Al-Monitor)
4. “Opinion | The Cost of De Facto Annexation Will Be Paid in Blood” (Haaretz)
5. “Israel to open ‘there is no occupation’ campaign, new minister says” (Jerusalem Post)
6. “Israeli army survey number of residents of two Masafer Yatta hamlets” (WAFA News)
7. “Give up your right to live in the West Bank, or never see your children in Gaza again” (+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.

January 13, 2023

1. New Givat Hamatos Expansion Plan 
2. The IDF Has Prepped & Presented its Plan to Expel Palestinians from Masafer Yatta
3. Israel Carries Out Demolitions in Area B
4. MK Danon Unveils Jordan Valley Annexation Bill
5. Settlers Demand Fast-Tracked “Regularization” of Outposts
6. Biden Administration Commits to Doing Nothing More Than Issue Empty Statements in Response to Israel Expanding Settlements/Legalizing Outposts
7. Peace Now Releases 2023 Settlement Map
8. Adalah Publishes Detailed Analysis of New Israeli Coalition Deal

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New Givat Hamatos Expansion Plan

Ir Amim reports that on March 2nd the Jerusalem Planning Committee will consider a brand new plan to expand the area of theGivat Hamatos settlement in East Jerusalem by 40% and to more than double the number of housing units slated to be built there. The new plan – called the “East Talpiyot Hill” plan – involves the construction of 3500 units and 1300 hotel rooms, to be built on a plot of land adjacent to the site where the Givat Hamatos settlement (planned for 2610 units) is slated to be built. As a reminder: tenders for the construction of those units were issued in January 2021 (just hours after PResident Biden was inaugurated), and the construction of the infrastructure for that project is already underway.

The “East Talpiyot Hill” plan involves construction on a strategic strip of land that will expand the area of Givat Hamatos eastward, connecting it with another new settlement plan – the “Lower Aqueduct Plan.” These plans ultimately create a string of settlements — spanning from Gilo to Givat Hamatos to Har Homa — that, together with the planned “Givat HaShaked” settlement to its north, completely encircle the East Jerusalem Palestinian neighborhood of Beit Safafa with Israeli settlement construction. Ir Amim further warns that the inclusion of hotels in this new plan “will likely serve as a major source of competition with the tourism industry in Bethlehem, potentially diverting vital business from the Palestinian economy.” 

This land on which the “East Talpiyot Hill”project will be built was owned by the Greek Orthodox Church until 2009 – when the church sold many of its most prized properties to settler entities. The Church has contested these sales, alleging fraud – but Israeli courts have rejected the Church’s objections and allowed the contested sales to stand. This particular tract of land was sold to an Israeli businessman and the New Talpiyot Hill company, which together initiated this new plan.

Importantly, Ir Amim notes that there are indications that Israel is carrying out land registration for plots located in the tract of land on which the “East Talpiyot Hill” project would be built. This is highly significant, as the registration appears to be happening in secret and – as revealed by Bimkom’s and Ir Amim’s ongoing monitoring and research, “settlement of land title proceedings are largely being used to dispossess Palestinians of their properties and seize more territory in East Jerusalem for Israeli settlement. “

The IDF Has Prepped & Presented its Plan to Expel Palestinians from Masafer Yatta

Haaretz reports that the Israeli Central Command has presented to the Israeli government its plan to expel some X,000 Palestinians from eight villages in Masafer Yatta in the South Hebron Hills – plans it had reportedly  been working on for two months (i.e., even before the new government took power). Sources told Haaretz that the new government has not given the IDF the order to carry out the expulsions yet, but nonetheless the IDF saw fit to design a plan, using vans, to carry out the evictions. Israeli Defense Minister Yoav Galant has reportedly told the IDF that he “needs to study” the matter.

Israel Carries Out Demolitions in Area B

Haaretz has revealed that on November 24, 2022, the Israeli Civil Administration demolished two Palestinian structures in Area B of the West Bank — the area in which, under the Oslo Accords,  Israel enjoys no jurisdiction over civil matters (such as building enforcement). The Civil Administration denies that the demolition violated the Oslo Accords, arguing that it was within its rights because it was acting to address alleged major damage caused to a nearby archaeological site, called Khirbet Tarfin. Israeli political figures were reportedly involved in the decision to carry out the demolitions.

In a statement to Haaretz regarding the demolitions, the Civil Administration stood proudly by its demolition, and committed to defending archaeological sites across the whole West Bank. The statement reads:

“The Civil Administration will continue to expend major efforts and resources in researching and preserving the archaeological sites in Judea and Samaria [the West Bank] in addition to pursuing enforcement activity against antiquities thieves and the building of illegal structures in the heart of archaeological sites.”

The Civil Administration’s statement – and Israel’s move to raze these two Palestinian structures – should be understood against the backdrop of the years-long campaign by settlers pushing the government to unilaterally take control over archaeological sites (defined expansively) throughout the West Bank. In this way settlers and their supporters are- with great success – weaponizing archaeology as a tool for the dispossession of Palestinians. 

This effort should also be understood as an expansion of the settlers’ enormously successful tactics in getting the Israeli government to annex Area C – with Israeli policy now treating Area C as sovereign Israeli territory in virtually all ways (other than a public declaration of annexation). Now that the new governing coalition has announced a total freeze on Palestinian construction in Area C and has increased demolition of Palestinian “illegal” construction (i.e., Palestinian construction on their own private land, but lacking Israeli permits, due to the fact that Israel refuses to issue Palestinians permits to build) — and now that Netanyahu has declared Israel’s “exclusive and inalienable right to all parts of the Land of Israel” — it is not surprising, but is still alarming, to see the same land grab tactics that worked so well in Area C applied in Area B. Indeed, more Israeli actions/policies that further the erasure of any meaningful Oslo-era boundaries between West Bank areas should be anticipated.

MK Danon Unveils Jordan Valley Annexation Bill

MK Danny Danon (Likud) – who previously served as Israel’s Ambassador to the UN – has unveiled a bill that would have Israel unilaterally annex the Jordan Valley.

Jordan Valley annexation bills have been introduced into the Knesset for years, but have rarely if ever received real consideration, though support for such a measure is likely high. In September 2019, Netanyahu committed to annexing the Jordan Valley.

Settlers Demand Fast-Tracked “Regularization” of Outposts

The Forum for Young Settlements, an advocacy group by and for settlers, is pushing the new Israeli government to act swiftly to suspend the rule of law to “legalize” settlement outposts across the West Bank that were built in violation of Israeli law, and many of which are located on privately-owned Palestinian land. As part of the coalition agreements, the parties agreed to “legalize” the outposts within the first 60 days of the new government tenure- – but settlers apparently think this is too long, and are demanding that the government act immediately.

The Forum said in a statement:

“[The Forum] congratulate[s] the Prime Minister and the ministers for establishing a stable national right-wing government for the first time in years, and for introducing ‘Young Settlement Regulation’ into the coalition agreements….this is the time to approve the proposal of the decision-makers for regulation. The government’s decision is already prepared, and over 25,000 residents of the young settlements in the winter months cry out for a resolution to their humanitarian needs and immediately enable the connection of all the young settlements to electricity, water, and other infrastructures.”

Biden Administration Commits to Doing Nothing More Than Issue Empty Statements in Response to Israel Expanding Settlements/Legalizing Outposts

U.S. Ambassador to Israel Thomas Nides told the Israeli Kan news outlet that the U.S. opposes “massive settlement growth” — seeming to signal the Biden Administration’s acceptance of settlement construction on a less-than-massive scale (FMEP president Lara Friedman notes that this reminds her of an old joke: a couple celebrating their 50th wedding anniversary was asked, what made this marriage last so long? Partner 1 responded – “when we got married, we agreed that I get to make all the big decisions, and my partner gets to make all the small decisions; as it turns out, there has never been a big decision, so peace has reigned between us!”). Nides further said that the U.S. continues to oppose outpost legalization but does not have any “red lines” for the Israeli government.

Peace Now Releases 2023 Settlement Map

Peace Now has released an updated map of the West Bank, showing settlements, outposts and more. You can view and download the map here: https://peacenow.org.il/en/%d9%8dsettlements-map-2023

Adalah Publishes Detailed Analysis of New Israeli Coalition Deal

Adalah released a new report on the details contained within the new Israeli coalition deal. The paper examines the following 11 items:

1. Deepened political control over law enforcement and policing;
2. Accelerating the Judaization of the Naqab, Galilee, and beyond;
3. Curbing the prohibition of discrimination in services and products;
4. A new basic law on immigration;
5. Discrimination in education;
6. Impunity for the armed forces;
7. Silencing criticism against Israel;
8. Allowing candidates running for the Knesset to incite racism while undermining Palestinian political participation;
9. Separate and unequal funding for Palestinian localities in Israel; (10) Limiting the Supreme Court’s authority; and
10. De facto annexation of the West Bank.

On de facto annexation of the West Bank, Adalah writes:

“These appointments effectively give the RZP control over all settlement construction projects in the West Bank; authority over nearly all issues relating to the settlements: the building of homes, demolition of homes and other buildings, and all other aspects of daily life. This ministerial position will also no longer require the Prime Minister’s approval at various stages of West Bank settlement construction projects; instead, it will only be required once, during the initial stages. Smotrich has made clear that he intends to use this authority to de facto annex the West Bank by, in particular, dismantling the Israeli military’s Civil Administration over the Israeli Jewish settlers illegally residing there and instead putting their governance under Israeli civil domestic law, while continuing to keep Palestinians under military rule. This move will more deeply entrench the two separate systems of governance that already exist based on racial identity, an unquestionable hallmark of a system of apartheid.”

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 6, 2023

1. Mass Expulsion (A War Crime) Underway in Masafer Yatta
2. Israeli Govt & Settlers Join Together to Take Over Key Site in Silwan & Announce Start of Excavations
3. High Court (& Settlers) Test New Israeli Government on Homesh Case
4. United Nations General Assembly Calls for Legal Opinion on Israeli Occupation, Israel Announces Moratorium on Palestinian Construction in Area C
5. Bonus Reads

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Mass Expulsion (A War Crime) Underway in Masafer Yatta

In the first days of the new year, the Israeli Civil Administration began demolishing Palestinian homes and buildings in the Masafer Yatta region of the South Hebron Hills, an undertaking that won the approval of the Israeli High Court following a two-decade-long legal battle. The area of Masafer Yatta  is currently home to 1,000 residents (500 of which are children) in eight villages. 

As a reminder: Israel designated the area as a firing zone in the early 1980s for the express purpose of enabling the State to clear out Palestinians who live there, in direct contradiction to a 1967 IDF legal opinion stating, among other things, “Civilians cannot be evacuated from an area in order to create training zones for the IDF, both for political and humanitarian reasons, and for reasons related to the provisions of international law.” 

On January 2nd, the Israeli government announced that residents of Masafer Yatta will soon receive notices requiring them to vacate the area, further saying that the residents will be expelled to an alternative location where the State will allow them to live. In response, B’Tselem  observed: 

“forcible transfer of protected persons in occupied territory is a war crime, therefore, the Israeli offer of an alternative is meaningless and a violent threat that leaves the residents with no choice.”

Shortly following that announcement – on January 3-4 – Israeli forces were documented demolishing and removing Palestinian homes, structures, and olive groves in Masafer Yatta, even confiscating a tent that was used as a makeshift school.

For more information on Masafer Yatta, please check out the following resources:

• Save Masafer Yatta https://savemasaferyatta.com/en/
• +972 Magazine coverage by and about Palestinians in Masafer Yatta
• FMEP’s podcasts and webinars featuring Palestinians living there as well as activists working to stop their forcible transfer.

Israeli Govt & Settlers Join Together to Take Over Key Site in Silwan & Announce Start of Excavations

On December 27th, 2022 — days after Christmas and while most of the world was on holiday — Elad settlers, accompanied by a heavily armed detail of Israeli police, took control of a plot of land immediately adjacent to the Pool of Siloam in the Silwan neighborhood of East Jerusalem. The Pool of Siloam is an important historic site and a sacred Christian site, believed to be the site where Jesus healed the blind.

In a press release celebrating the seizure and the start of excavations – ostensibly aimed at revealing the entirety of the Pool of Siloam — the project was presented as a joint endeavor of the Elad settlers, the Israel National Parks Authority (INPA), and the Israel Antiquities Authority (IAA). Terrestrial Jerusalem characterized this joint action as “further evidence that in Silwan, the settlers and the Government of Israel are one of the same.”

According to reports, the newly-seized plot of land is owned by the Greek Orthodox Church, which leased it to Palestinian Sumarin family in 1931. The land has been used by the Sumarin family for agricultural purposes ever since. With this very public move to take control over the plot, the world learned for the first time that this land is part of the Greek Orthodox Church’s contested and controversial 2004 sale of some of its most prized assets to settler entity Ateret Cohanim (a sale that includes the Petra and New Imperial hotels in the Old City — see previous editions of this report for details on those cases). It remains unknown if there are additional properties involved in that transaction. 

Terrestrial Jerusalem adds:

“The Government of Israel and the settlers have decided there is no better time to take over Church property, in a place of cardinal importance to Christianity, than the Christmas week. There is nothing new in this. The settlers and the Government customarily reserve Christmas week for their most problematic initiatives, assuming, not without reason, that the diplomats and decision-makers are all on leave and will not pay attention.”

Emek Shaveh said in response to the takeover:

“The synchronicity of the raid and statement demonstrate the seamless partnership that has evolved between the settlers, the Antiquities Authority and the Nature and Parks Authority in recent years. Now, with a new government that intentionally disavows obligations under international law and disparages democratic norms, the authorities in charge of protecting heritage sites – already thoroughly politicized  –  will be further challenged to maintain their professional backbone.”

Addressing the narrow and broader context, Terrestrial Jerusalem explains:

“Silwan is nestled beneath the southern ramparts of the Old City. Rich in history, Silwan is the small geographical location where the tectonic plates of Judaism Christianity, and Islam meet. Silwan is a contemporary Palestinian neighborhood in East Jerusalem. Beneath part of Silwan, Wadi Hilweh, lies the biblical City of David. Since 1991, Silwan has been the most controversial and hotly-disputed settlement in East Jerusalem. Fully backed by the Government of Israel. Extreme biblically-motivated settlers aspire to transform Silwan into a renewed manifestation of ancient Biblical Jerusalem. Evictions, displacement, archeology, national parks, demolitions, detentions, etc. have all been weapons in the arsenal of the settlers in pursuing their radical transformation of the character of Silwan. The Pool of Siloam is now the epicenter of this conflict For more background on Silwan, see our recent study.

“…The takeover of the Siloam Pool is not taking place in isolation, and its significance even goes beyond its role in the settler attempt to takeover Silwan. In recent months, we have revealed the implementation of an Israeli Government Plan which entails encircling  the Old City with settlements and settler-related projects (like the Pool of Siloam  excavations). This plan, not only fragments Palestinian East Jerusalem, it marginalizes the Christian and Muslim presence in the Old City and its environs. We are witnessing the incorporation of the historic, religious and cultural core of Jerusalem into a biblically  interpreted Israel under the de facto authority of East Jerusalem. This is not just another bad thing” or “unhelpful unilateral step”. We are witnessing a radical transformation of the very character of Jerusalem, in ways not seen before. The evictions and demolitions in Silwan and Sheikh Jarrah, the cable car, the National Park on the Mount of Olives (see our recent report), the creation of an Israeli night spot in the Christian Quarter are  intimately related: they are parts of a puzzle that disclose this unprecedented encirclement of the Old City. The takeover of the Siloam Pool is another part of that puzzle.”

Please also listen to Terrestrial Jerusalem’s latest podcast episode for a discussion of this case.

High Court (& Settlers) Test New Israeli Government on Homesh Case

On January 2, 2023 the Israeli High Court gave the new Israeli government 90 days to submit its position on the court-ordered evacuation of the illegal yeshiva located at the site of the dismantled settlement of Homesh in the northern West Bank. The Court’s order represents a first opportunity (and challenge) for Israel’s new governing coalition to move forward with its stated intention to re-establish Homesh.

To do so, the Israeli government is preparing to amend/repeal the 2005 Disengagement Law. That law not only provided for Israel’s withdrawal and removal of all settlements from Gaza, but also entailed the dismantling of the Homesh settlement, along with three others in the northern West Bank,. 

Settlers, who have been pushing to reestablish Homesh for years, are planning their own test of the new government’s plans. The Times of Israel reports that settlers are preparing to spend the night of the first Passover seder (April 5th, which is the day before the Court’s deadline for the State’s response) at the site of Homesh , and are prepared to resist removal should Israeli forces try to make them leave the closed military zone. Settlers are also planning to send 1,000 people to spend that same night in the illegal Evyatar outpost – which the new government has vowed to retroactively legalize. One of the organizers of the initiative told The Times of Israel: “This will be the real test for the new government, in the field…This is no longer coalition deals and statements to the High Court. Thousands of us will return to settlements, legally, knowing we won’t be evacuated anymore.”

The U.S. State Department spoke out against the possible reestablishment of Homesh. Ned Price, the spokesman, said:

“The Homesh outpost in the West Bank is illegal. It is illegal even under Israeli law. Our call to refrain from unilateral steps certainly includes any decision to create a new settlement, to legalize outposts or allowing building of any kind deep in the West Bank, adjacent to Palestinian communities or on private Palestinian land,”

United Nations General Assembly Calls for Legal Opinion on Israeli Occupation, Israel Announces Moratorium on Palestinian Construction in Area C

On 31st December 2022, the United Nations General Assembly (UNGA) adopted a resolution calling on the International Court of Justice (ICJ) to examine the legal implications of Israel’s ongoing violation of the right of the Palestinian people to self-determination, its 55-year-long occupation, settlement, and annexation of the Palestinian territory occupied since 1967—including measures aimed at altering the demographic composition, character, and status of Jerusalem, and from its adoption of related discriminatory legislation and measures­.

In response, one Israeli lawmaker –  Zvika Fogel of the Otzma Yehudit party, which is part of the governing coalition – confirmed the nature of Israel’s occupation and reiterated his own hopes that Israel will annex the West Bank, saying he “cannot argue with the facts. As of right now, the occupation is permanent. And as of right now I would like to continue to apply Israeli sovereignty over all the areas that I can.” 

Other parts of the Israeli government are waging a more aggressive response to the ICJ and the groups and organizations that have called for the ICJ’s involvement. The Israeli Security Cabinet meeting on January 5th to approve five actions to punish the Palestinian Authority for “waging a diplomatic war” against the state. Those actions – helpfully decoded by FMEP’s Lara Friedman – include placing a moratorium on all Palestinian construction in Area C of the West Bank (60% of West Bank land).

The Palestinian human rights group Al Haq – which has requested the advisory opinion from the ICJ – welcomed UNGA’s vote and said in a statement:

“In a historic plenary vote, the UN General Assembly voted in favour of submitting a question for an Advisory Opinion on the Question of Palestine to the International Court of Justice. Al-Haq extends its deepest appreciation to the 87 Member States who aligned with the calls of the Palestinian people and voted in favour of submitting the question for an Advisory Opinion. It is critical that the avenues of justice and rule of law are opened by Third States for the Palestinian people, who have been systematically disenfranchised and denied their inalienable right to self-determination, as well as subjected to grave breaches of jus cogens norms, which incur erga omnes obligations. The Advisory Opinion offers a critically important opportunity for the International Court of Justice to examine the legality of the occupation regime, which if found in breach of international law, may incur, for the first time, important legal obligations on Third States and the international community, to bring the occupation to an end.”

In voting for the ICJ to issue an advisory opinion, the UN General Assembly has invoked the Court’s consideration of the case without the consent of Israel (one of the involved parties). The resulting opinion is non-binding, but will provide a detailed position on the issue of Israel’s occupation.

In addition to the forthcoming work by the International Court of Justice (ICJ) – which considers cases involving states – the International Criminal Court (ICC) is investigating potential war crimes committed by Israeli individuals in the occupied Palestinian territories. The ICC’s Chief Prosecutor, Karim Khan, has indicated his desire to visit Palestine in 2023. A group of 10 Israeli human rights groups sent a joint letter to Khan’s office voicing their support for such a trip. The letter said:

“It is our position that crimes, indeed, have been and are being committed; that the Court has jurisdiction to investigate and prosecute; and, we are all committed to assisting your office in advancing the ongoing investigation of the Situation in Palestine… Israel has a record of preventing international access to the oPt: U.N. Commissions of Inquiry, Special Rapporteurs, OHCHR staff, international scholars and human rights advocates have all been, over the years, barred entry […].This context makes your visit – and the granting of access to your office – ever more important.”

Bonus Reads

1. “Podcast: New Year, New Government, Old City” (Terrestrial Jerusalem ft. Danny Seidemann and Evan Gottesman)
2. “Leaked EU report details plan to strengthen Palestinian claims in West Bank’s Area C” (The Times of Israel)
3. “Gravestones vandalized at Christian cemetery in Jerusalem” (The Times of Israel)
4. “New tourism minister Haim Katz vows to invest in West Bank, ‘Israel’s Tuscany’” (The Times of Israel)
5. “Norway’s Sovereign Wealth Fund to Stop Investing in Firms Tied to West Bank Settlements” (Haaretz)
6. “Haim Drukman, leader of Israeli settler movement, dies at 90” (AP)

The Knesset’s Legislative Blitz Begins

• “Bill to Expand Powers of Far-right Netanyahu Allies on West Bank, Hold Office Passes First Vote” (Haaretz)
  • “Dubbed the ‘Smotrich law,’ the proposed bill would add an extra minister working within the country’s Defense Ministry who will be handed control of the Civil Administration, a key West Bank authority that reigns over Palestinians and Israeli settlers alike, overseeing areas such as infrastructure and granting construction permits.”
• “Far-right Lawmakers Introduce Bill Permitting Return to West Bank Settlements Evacuated in 2005” (Haaretz)
  • Excerpt: “The proposed new legislation would repeal the provisions of the Disengagement Law – which initiated the withdrawal – pertaining to the four West Bank settlements. It would leave in place the compensation the law provided to those evacuated from the settlements and change the name of the law to describe it as a compensation law for ‘those harmed by the disengagement.’ The four West Bank settlements evacuated in August 2005 were Homesh, Sa-Nur, Ganim and Kadim. Since then, the law has barred Israeli citizens and residents from accessing the site without the army’s permission. The Israeli army has allowed visits to the settlements but has officially prevented their reestablishment.” 
  • Also See: “Israeli lawmakers move to resettle dismantled West Bank settlements” (Ynet)
• “‘A Democracy in Name Only’: Israel’s AG Sounds Alarm Over Netanyahu’s Legislative Blitz” (Haaretz)
  • “Explained: What Is Israel’s Proposed Override Clause, and Why Is It a ‘Terrible Mistake’?” (Haaretz)

Settlers Are Policing Palestinian Construction, Life in Area C

• “Internal Documents Reveal Israeli Settlers’ Dedication to Ousting ‘Arabs’ From West Bank” (Haaretz)
  • Excerpt: “A Civil Administration internal document, which Haaretz obtained recently in the form of a map and Excel spreadsheet titled “Operations Room C,” lists 1,168 tip-offs through the online format during a period of about eight months this year, from March 1 to October 19. The document provides yet another glance at the intense involvement of settlers in Civil Administration and Israeli army operations, from evictions of the Palestinians from most of the territory of the West Bank and the prevention of their construction and infrastructure work, to the meticulous effort to ensure that they do not exceed the bounds of the enclaves Israel has allocated to them.”

• “Editorial – The Snitch Line Is Taking Power” (Haaretz)
  • Excerpt: “One of the settler lobby’s greatest achievements over the past 20 years was turning Category C (temporary construction powers held by Israel) into a sacred, permanent land deed received with the Torah at Mount Sinai. It’s no surprise that the settler lobby’s representatives in the incoming government are its strongest partners and will even manage the Palestinians’ lives through their control over the Civil Administration and the coordinator of government activities in the territories.Nevertheless, the truth is still this: Stripping the Palestinians of planning and building rights on their own land (whether private or public) violates international law and the principles of natural justice. ”

More Headlines

• “Netanyahu’s first coalition challenge is likely Khan al-Ahmar”  (Jerusalem Post)
• “U.S. presses UN not to update list of companies operating in Israeli settlements” (Axios)
  • Excerpt: “The UN General Assembly is expected to vote next week on a resolution asking the International Court of Justice (ICJ) to issue a legal opinion on whether the Israeli occupation of the West Bank constitutes a de-facto annexation. The U.S. has been actively helping Israel in recent weeks to lobby countries around the world to vote against the resolution or at least abstain, Israeli and U.S. officials told Axios.”

 

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

To subscribe to this report, please click here.

December 9, 2022

1. Court Upholds Demolition of Palestinian Apartment Building in Silwan
2. Hundreds of Israelis Descend on Site of Former Homesh Settlement, As New Government Agrees to Reestablish It
   
3. Settlers Move to Seize New Tract of Land in Silwan
4. Settlers Initiate Renovations on Little Petra Hotel in the Old City
5. In Addition to controlling COGAT & Civil Administration, Smotrich Will Control State Legal Cases
6. Bonus Reads

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Court Upholds Demolition of Palestinian Apartment Building in Silwan

95 Palestinians in Silwan are at imminent risk of displacement, after an Israeli court on December 7th upheld a demolition order for the 13-unit apartment building in which they live. The residents received a letter instructing them to vacate the building within one week.

The court had previously instructed the residents to self-demolish the building by December 7th. The residents refused to do so, and as a result, the Jerusalem Municipality is now expected to not only demolish their homes, but to exorbitantly fine them for not doing it themselves. For more on Israel’s tactic of coerced self-demolitions of Palestinian homes (and punitive actions against Palestinians who refuse to give in to this tactic) see this report from Al Haq.

Wafa news reports that two of the families living in the building are facing their second displacement at the hands of Israeli court-ordered demolitions.

Hundreds of Israelis Descend on Site of Former Homesh Settlement, As New Government Agrees to Reestablish It

Hundreds of Israelis this week participated in a ceremony held at a Jewish religious school (a yeshiva) established illegally (under Israeli law) at the site of the former Homesh settlement in the northern West Bank. As a reminder, Homesh was dismantled by the Israeli government in 2005 as part of the Disengagement Law, but Palestinians have continued to be denied access to the land, even as settlers were permitted regular access and have been granted de facto (but not formal) permission to establish and maintain a yeshiva and outpost there.

For years, settlers have been pushing for the re-establishment of the Homesh settlement – including through holding illegal gatherings there, illegally building a yeshiva at the site, and organizing political rallies attended by right-wing politicians. 

Today, settlers are close to victory,  as reports suggest that the incoming government — which will be the most far-right, pro-settlements/Greater Israel government in history —  has agreed to re-establish Homesh as part of its coalition deal. To do so would require the government to amend the 2005 Disengagement Law (which not only ordered the dismantling of the Homesh settlement along with three others in the northern West Bank, but also provided for Israel’s withdrawal and removal of all settlements from Gaza). 

Settlers Move to Seize New Tract of Land in Silwan

Daniel Seideman – Founder & Director of the Israeli NGO Terrestrial Jerusalem – reports that the Elad settler group is moving to take control over a large tract of land in Silwan, strategically located at the foot of Wadi Hilweh/Silwan/City of David next to the Pool of Siloam.

Seidemann tweets:

“This is no routine matter. This is a large tract of land, immediately adjacent to the Siloam Pool, which is of great historical significance to both Jews and Christians. For the former, it is a clear manifestation of Biblical Jerusalem. This in no isolated development and is part of the acceleration of Biblically motivated settlements and settlement-related projects encircling the Old City of Jerusalem. It is reminiscent of another site of importance to the Churches – the sacred sites on the Mount of Olives, which are to be subjected to the growing settler predominance in the public domain, by means of the establishment of an Israeli National Park on the Mount of Olives. This has all the marking of a serious step towards the encirclement of the Old City with settlement enterprises, and a serious crisis between Israel and the Churches. This is not going away.”

According to Elad, the land in question was acquired in the framework of a 2004 transaction in which the Greek Orthodox Church sold the Little Petra Hotel and the Imperial Hotel – both highly prized properties in the Old City of Jerusalem – to the Ateret Cohanim settler organization. The Church leadership has since fought against Ateret Cohanim’s possession of the hotels, alleging the sale was fraudulent, but Israeli courts have ruled in favor of the settlers.

Settlers Initiate Renovations on Little Petra Hotel in the Old City

Israeli settlers appear to have begun renovations of the Little Petra Hotel inside the Old City of Jerusalem. The hotel – which is located at at the entrance of the Christian Quarter in the Old City of Jerusalem – came under the control of the Ateret Cohanim settlement organization through the highly contested and controversial sale of the building to the settler group by the Greek Orthodox Church. The Church alleges the deal was fraudulent and has fought to have the sale canceled by Israeli courts. To date, courts have upheld the sale of the hotel to Ateret Cohanim.

Pictures of the new renovations are alarming Palestinians, with the Palestinian Centre for Human Rights asserting that an internal and archaeologically significant wall has been destroyed. An official with the Israeli Antiquities Authority was pictured at the site during the renovations.

Settlers took over the first floor of the Little Petra Hotel in March 2022 but the legal battle over the properties dates back to 2004, when the Greek Orthodox Patriarchate agreed to sell three properties in the Old City to a foreign real estate company under three separate contracts. It did so not knowing that the radical settler group Ateret Cohanim was behind the transaction. News of the sales made headlines in early 2005.

Upon the revelation that Ateret Cohanim was the real buyer, the Greek Orthodox Patriarchate was deeply embarrassed and immediately sought to retain control of the properties. The Patriarchate alleged that the transactions involved corruption and bribery, arguing that the legal documents had been signed without permission by a finance employee. Dismissing the church’s arguments, in June 2020 the Supreme Court upheld prior rulings that the signatures on the legal documents were valid, with the finance employee acting as a legal proxy of the Patriarchate.

In Addition to controlling COGAT & Civil Administration, Smotrich Will Control State Legal Cases

New details have emerged on the massive power Netanyahu is transferring to extreme-right politician Bezalel Smotrich in the new coalition agreement.

As reported previously, Smotrich will become the Finance Minister and will also gain the authority to appoint a deputy ministry in the Defense Ministry who will be in charge of a newly created portfolio dubbed “Jewish settlement and open land.” Reports suggest Smotrich will appoint himself to this role, granting him control of both COGAT and the “Civil Administration,” [the arm of the Defense Ministry that operates, in effect, as the sovereign power over the West Bank] — giving him near total control over the civil affairs of Palestinians and Israeli settlers in the West Bank. In particular – as ACRI and Peace Now warn – Smotrich, who has for years sought to disband the Civil Administration and bring settlements under direct Israeli law, will move to quickly grant retroactive legalization to all illegal outposts, increase enforcement against “illegal” Palestianian construction in Area C [as a reminder, Palestinians wishing to build on their own land in Area C are virtually always refused Israeli permits to do, rendering virtually all Palestinian construction in Area C “illegal” according to Israel law], and promote massive settlement growth — all in an effort to effect the de facto annexation of Area C. 

Smotrich, in a new interview, spoke about his plans – saying:

“Today there are half a million people who live in Judea and Samaria, vote for the Knesset, serve in the army and pay taxes – but [are governed by] the army like in a Banana Republic. This does not make sense. The idea is that responsibility for the residents of Judea and Samaria should be returned to the government ministries…it is necessary to correct this distorted reality, which today manifests itself in planning and construction, in transportation, in the quality of the environment, and in infrastructure. When the Civil Administration was established, it was expressly determined that it would not deal at all with the Jewish residents of Judea and Samaria. The Oslo Accords stipulated that it was to be dissolved. This is a distortion that harms the public, harms the army, harms [national] consensus and it needs to be fixed. Our minister in the Ministry of Defense will have all the civilian powers over Judea and Samaria.”

In addition, the text of the coalition deal, published this week, reveals that Netanyahu has conceded further legal authority to Smotrich (or Smotrich’s appointee, should he not name himself to the deputy ministerial role in the Defense Ministry). Haaretz reports that in addition to effectively running COGAT and the Civil Administration, this deputy minister will also have approval power over legal cases within the Defense Ministry — a move which sidelines the military’s advocate general who has historically advised the Defense Minister on legal issues and formulated the State’s response to legal petitions related to Israeli actions in the West Bank. +972 Magazine explains:

“While the military advocate general has been hardly effective in protecting Palestinian land rights in the West Bank, it at least concedes formally that its actions are subject to the laws of belligerent occupation, which provide for the protection of Palestinians under international humanitarian law. In all likelihood, Smotrich’s lawyers will not concede even that. Third, Smotrich will have the power to authorize any legal position submitted to the Supreme Court in response to a petition relating to these issues. This would mean, for instance, that it is highly unlikely that the state will ever concede to the Court that land is privately owned by Palestinians, making it even harder for Palestinians to fight for their cases in an already hostile legal environment…With Smotrich in charge of the Civil Administration, and Ben Gvir in charge of the police forces, the stage is set for a de facto entity in the West Bank controlled by two rampant anti-Palestinian fundamentalists. As such, Palestinians are in clear and imminent danger, even beyond the dire circumstances already at hand. The human rights situation in the West Bank has long been horrific and rapidly deteriorating, but now, we are hurtling into uncharted territories.”

A full look at the cabinet Netanyahu is assembling is available here.

Bonus Reads

1. “They Were Hebron’s First Child Settlers. This Is How It Changed Their Lives” (Haaretz)