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)

 

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 2, 2022

1. Supreme Court Upholds Israeli Govt’s Discriminatory West Bank Land Allocation Practices
2. New Section of Jerusalem’s “Tunnels Road” Set to Open
3. Shaked’s Parting Gifts to Settlers: Money & the Atarot Settlement
4. New Al-Haq Report Centers “Settler Colonial” Legal Framing & What it Requires of Remedies
5. Smotrich Secures Broad Powers Over Settlements & Area C Construction
6. Ben Gvir’s New Power in East Jerusalem & the Erasure of the Green Line
7. Bonus Reads

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Supreme Court Upholds Israeli Govt’s Discriminatory West Bank Land Allocation Practices

On November 23rd the Israel Supreme Court dismissed a petition that challenged Israel’s land allocation practices in the West Bank. The petition – which was brought by Peace Now on behalf of affected Palestinians – sought to stop the construction of a new settlement — known as E-2/Givat Eitam — on a strategic hilltop just south of Bethlehem, which Palestinians know as a-Nahle. With the Court’s dismissal of the petition, construction of the E-2/Givat Eitam can now go forward. As a reminder, this new settlement will significantly expand the Efrat settlement in the direction of Bethlehem. It will also effectively cut Bethlehem off from the southern West Bank and complete the city’s encirclement by Israeli settlements.

In rendering its decision, the Supreme Court avoided tackling the merits of the petition’s central argument — i.e.,  that Israel’s practice since 1967 of allocating 99.76% of all “state land” in the West Bank for the exclusive use/benefit of Jewish Israeli residents of the West Bank is discriminatory (the petition argued, in effect, that to cure this discriminatory practice, the “state land” on which the E-2/Givat Eitam settlement is planned should instead be allocated to Palestinians). Instead, the Court urged the State to propose a “compromise” offer to the Palestinians (an offer that consisted of a tiny portion of the lands in question), and then  dismissed the petition after the Palestinian petitioners rejected that offer.

Peace Now said in response to the Court’s decision: 

“It is unfortunate that the Supreme Court, which is supposed to protect the underprivileged and strive for equality, chose to avoid responding to the central claim of the petitioners, according to which the allocation is tainted with severe discrimination and inequality, was made solely to serve the settlement project as part of an allocation policy which completely separates the Palestinians from land resources. Everything must be done to stop this dangerous plan, which will seriously harm the chance for peace and the development capacity of the Bethlehem area. The land must be allocated instead to the Palestinians who live there.”

Adv. Michael Sfard, who represented Peace Now and the Palestinian landowners in this petition, further stated:

 “The allocation to Efrat is a clear expression of the apartheid allocation policy, and this is what we argued before the court. Unfortunately, the court chose not to deal with the argument but to ignore it.”

As a reminder, Israel has declared a total of 16% of land in the West Bank – including nearly half of all land in Area C – as “state land” – that is, land over which Israel does not recognize any legal ownership. Israel has, in turn, systematically used “state land” to establish and expand settlements. Peace Now points out that Israel’s use of “state land” declarations is, at best, confusing, writing:

“Which “state” are we referring to? The West Bank is not part of the state of Israel, even according to Israeli law. We prefer to refer to it as “public land” which the occupier is responsible for managing to the benefit of the public. In practice, the state of Israel has used these lands virtually exclusively for the benefit of one public – the Israeli public.”

 As the Association for Civil Rights in Israel explains:

“Israel holds state land in an occupied territory as a trustee, and must do everything possible to preserve and develop it for the benefit of the local Palestinian population. The very use of state land for the purpose of building settlements and/or developing infrastructure and industrial zones not in favor of the Palestinian population constitutes a violation of international law.”

New Section of Jerusalem’s “Tunnels Road” Set to Open,/h3>

Al-Monitor reports that a final section of the discriminatory “Tunnels Road” in Jerusalem – on which Palestinians are prohibited from driving — will open soon, after years of construction which included Israel confiscating Palestinian land. The Tunnels Road connects settlements to the south of Jerusalem seamlessly to Jerusalem and is part of Highway 60, which Israel has already begun work to widen, which runs from Jerusalem all the way to the Kiryat Arba settlement in Hebron. 

Explaining the Tunnels Road, the non-profit organization Who Profits – which documents the complicity of corporations in the occupation – wrote in January 2021:

“The Tunnel Road, a section of Route 60 on which Palestinian vehicles are prohibited from traveling, connects the southern part of the West Bank to Jerusalem, bypassing the Palestinian city of Bethlehem. The road passes directly under the Palestinian town of Beit Jala and provides access to Jerusalem without coming into view of the surrounding Palestinian villages and neighborhoods. The Tunnel Road is emblematic of the “territorial labyrinth created by the Oslo Accords”20 —while the tunnel and the bridge are in Area C (under full Israeli control), the valley above, through which the bridge passes is in Area B (under Israeli military control and Palestinian civil control), and the Palestinian town below the tunnel is in Area A (under full Palestinian control)…One of the project’s objectives is to facilitate the lifting of restrictions on the construction of new housing units in surrounding cities, including the Beitar Illit settlement.”

In a deeply researched report on how Israelis uses infrastructure projects (like roads) as a means for settlement expansion and annexation, Breaking the Silence explains:

“While Israeli authorities justify many of the projects described in this document by claiming that they serve both the settler and the Palestinian populations in the West Bank, it is important to note that these roads are designed with Israeli, not Palestinian, interests in mind. Many of the roads that are technically open to Palestinian traffic are not intended to lead to locations that are useful to Palestinians.16 Instead, these roads are primarily designed to connect settlements to Israel proper (and thus employment and other services) via lateral roads, rather than to connect Palestinian communities to one another. Further, roads intended to connect Israeli settlements to Jerusalem (many of which are currently under construction) do not serve West Bank Palestinians outside of Jerusalem, as they are not allowed to enter Jerusalem without a permit. In addition, an extensive system of checkpoints and roadblocks allows Israel to control access to bypass roads and the main West Bank highways, and it can restrict Palestinian access when it so chooses. 

This prejudice against Palestinian development is even starker when one considers that, according to an official Israeli projection, the expected Palestinian population in the West Bank (excluding East Jerusalem) in 2040 is 4,600,000 individuals. Even if the vision of settler leaders to arrive at 1,000,000 settlers is realized by 2040, the Palestinian population would still be four times the size of the settler one. Despite this discrepancy, priority is still given to settler infrastructure development.

West Bank road and transportation development creates facts on the ground that constitute a significant entrenchment of the de facto annexation already taking place in the West Bank and will enable massive settlement growth in the years to come. By strengthening Israel’s hold on West Bank territory, aiding settlement growth, and fragmenting Palestinian land, this infrastructure growth poses a significant barrier to ending the occupation and achieving an equitable and peaceful solution to the Israeli-Palestinian conflict.”

Shaked’s Parting Gifts to Settlers: Money & the Atarot Settlement

Arutz Sheva (a settler-run media outlet) reports that outgoing Interior Minister Ayelet Shaked is making a final push on two key settler initiatives during her final days in office.

First, Shaked has changed the criteria under which localities qualify for economic development funding from the government — in order to enable the funds to go to settlements and settlement bodies. According to the report, Interior Ministry sources stated that settlements will receive around 25% of recipients of these funds in 2022.

Second, Shaked has been working to secure final approval for the construction of the Atarot settlement before leaving office. And while final approval won’t happen before her time in office ends, the plan is getting close to finalization. According to Arutz Sheva, an environmental impact study (ordered in December 2021) is the only outstanding item preventing the plan from finalization, and the report is expected to be finished around three months from now.

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

Commenting on the most recent reporting on Atarot, an anonymous source confirmed the geostrategic importance of the Atarot area, saying that, “this is about securing Israel’s hold on northern Jerusalem”.

New Al-Haq Report Centers “Settler Colonial” Legal Framing & What it Requires of Remedies

The Palestinian human rights group Al-Haq this week published a new, deeply researched legal report, entitled “Israeli Apartheid: Tool of Zionist Settler Colonialism”. The report was endorsed by several other prominent Palestinian civil society groups including Al-Mezan and the Palestinian Centre for Human Rights.

Al-Haq, echoing decades of Palestinian scholarship, has described the situation in Palestine as “apartheid” for decades. With the recent mainstreaming of the apartheid framework (most notably with the adoption of the term by Btselem, Human Rights Watch, and Amnesty International), this new report is an important contribution, in that it documents and explains why it is important to understand the situation of Palestine as a case of settler colonialism. Al-Haq writes:

“In this report, we analyse Israeli apartheid as a tool of Zionist settler colonialism. We do so in order to bring forward the eliminatory and population transfer logic of Israel’s apartheid system and its effort to displace and replace the indigenous Palestinian people on the land of Palestine. Palestinians have advocated for applying established decolonisation praxis in countering Israeli apartheid, recognising apartheid as a form of settler colonialism rather than pursuing a notion of ‘liberal equality’ without decolonisation…While we are encouraged by the growing global recognition of Israeli apartheid, we note that Zionist settler colonialism and its eliminatory and population transfer logic remain missing from recent analyses and reports on apartheid by Israeli and international human rights organisations such as Yesh Din, B’Tselem, Human Rights Watch, and Amnesty International. It is this gap that the present report seeks to fill.”

Smotrich Secures Broad Powers Over Settlements & Area C Construction

On December 1st, Netanyahu announced a coalition deal with the Religious Zionist Party, the far-right, pro-annexationist party headed by Bezalel Smotrich. Under the deal, Smotrich will be named to the powerful post of Finance Minister for two years. In addition, Smotrich will be in charge of appointing a deputy Defense Minister with specific authority over settlement matters within the Civil Administration and COGAT (Coordinator for Government Activities in the Territories) — in effect giving Smotrich far-reaching powers over settlements and issues like land registration, settlement construction, and the demolition of Palestinian construction in Area C of the West Bank. Channel 12 News in Israel reports that Smotrich is likely to name himself to this key role. 

Prior to the coalition deal being announced, Smotrich had pressed Netanyahu to give him direct power over the Civil Administration by changing the chain of command so that the head of the Civil Administration reported directly to Smotrich on non-defense-related matters. At the time, Haaretz reported that Smotrich had a keen interest in overseeing Israel enforcement of construction regulations and demolitions in Area C, reporting:

“Smotrich is particularly interested in the unit of the [Civil Administration] that oversees illegal construction in the West Bank and has said that he would make it a priority to address illegal Palestinian construction in Area C – the area under full Israeli control. The unit oversees construction in Area C by both Jews and Palestinians, and the priorities of the unit are currently set by the defense minister and the head of the IDF’s Central Command. Smotrich is interested in changing that.”

Smotrich has in many ways led the effort by settlers and their allies to more aggressively enforce Isreali building law against Palestinians construction in Area C. It is worth recalling that Smotrich is a co-founder of Regavim, a radical settler group that works to dispossess Palestinians of their land and property in the West Bank by “helping” the Israeli government to enforce planning and building laws. Ironically, Smotrich currently lives in the Kedumim settlement in a house that is located inside of an enclave of privately owned Palestinian land that is not included in the settlement’s Master Plan, making it illegal even under Israeli law.

As a reminder, Area C is the 60% of the West Bank where Israel enjoys total authority and in which Israel has systematically denied Palestinian building rights, while promoting the expansion of settlements and unauthorized outposts, and in parallel systematically demolishing Palestinian un-permitted construction. 

The discriminatory enforcement of construction laws is part of the continuing efforts of Israeli settlers and the Israeli government to entrench and expand Israel’s control over (and de facto annexation of) the entirety of Area C. Notably, in September 2020 the Israeli government allocated 20 million NIS ($6 million USD) for a newly created Settlement Affairs Ministry to survey and map unauthorized (by Israel) Palestinian construction in Area C — construction (by Palestinians on Palestinian land) which Israel has been aggressively demolishing. In addition to funding the expansion of policies that systematically discriminate against and dispossesses Palestinians in Area C, this funding has further empowered a domestic Israeli body to exert extraterritorial sovereignty over Area C – in effect, treating the area as land already annexed by Israel.  

The Knesset has also to a great extent adopted the narrative of settlers and pro-settler organizations — a narrative predicated on the idea that Area C belongs to Israel and must be defended against Palestinian efforts to steal it (framing that in effect dismisses the legitimacy of any Palestinian landownership in Area C). The Knesset has repeatedly hosted forums to discuss the alleged (by settlers and their allies/advocates) “Palestinian takeover of Area C.” Consistent with this framing and pushed by outside groups, many members of the Knesset have criticized the Israeli government’s alleged failure  to robustly “defend” Israel’s rights/ interests in Area C — demanding that the government do more to prevent and demolish “illegal” Palestinian construction (even as it refuses to issue permits for Palestinians to build “legally), that it must prevent foreign projects that support Palestinians’ presence in the area, that it must clear Palestinians out of areas targeted by settlers, and that it must do more to expand settlements and consolidate state-built settlement infrastructure.

Ben Gvir’s New Power in East Jerusalem & the Erasure of the Green Line

Kahanist politician Itamar Ben Gvir is still expected to receive the (newly renamed and expanded) Ministry of National Security, which would put him in control of Israeli police both in Israel and in the West Bank. Ir Amim has published a new – and essential – analysis detailing the various powers and projects that will come under the control of Ben Gvir and his party. 

Among other things, Ir Amim points out that, as part of his expanded portfolio, a body called the Land Enforcement Unit will come under Ben Gvir’s control. Ir Amim calls this body “the most aggressive of the various state bodies who carry out home demolitions,” noting that it operates in Al-Walaja and other Palestinian neighborhoods of East Jerusalem where mass displacement is being carried out at the settlers’ direction.

In a powerful piece on Ben Gvir’s new power, +972 Magazine’s Natasha Roth-Rowland explains how the roles of Ben Gvir and Smotrich in the new government fundamentally mean that Israel is annexing the West Bank:

“…Ben Gvir’s reported appointment is also reflective of the ongoing dissolution, at least as far as the Israeli government is concerned, of the Green Line: both in how the security logic and mechanisms of the occupation continue to seep over from the West Bank, and in how Israel has painstakingly dismantled the political and legal distinctions between the territories under its control. The resulting one-state reality has created parallel processes by which the occupied territories have come to be understood as an established part of Israel “proper,” while the area within the Green Line is increasingly seen as a restive territory in need of active subjugation. Under these conditions, Ben Gvir’s new mandate is not only to help maintain the ongoing colonization of the West Bank and imprisonment of Gaza, but also to help “re-colonize” Israel itself. The very naming of Ben Gvir’s trans-Green Line authority as “national security” is also an act of rhetorical annexation — one that would be reinforced should Smotrich get his wish for West Bank settlements to be removed from the jurisdiction of the Civil Administration, the bureaucratic arm of the military government in the occupied territories, and come under “regular” government control, which even right-wing media outlets have labeled as a form of annexation.”

Bonus Reads

1. “UN: Israeli controls in Area C costing West Bank Palestinians $2.5 billion per year” (The Times of Israel)
2. “Homesh rabbi indicted for residing in illegal settlement outpost” (The Times of Israel)
3. “Ben Gvir’s dream ministry brings Kahane’s vision one step closer” (+972 Magazine)

 

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

To subscribe to this report, please click here.

November 23, 2022

1. Smotrich Asks for Finance Ministry & Extensive Powers Over the Settlements in Exchange for Forgoing Defense Ministry Post 
2. Settlers Attack Palestinians (and an Israeli Soldier) in Hebron
3. New Report on Silwan/”City of David” & Elad
4. New Report on the Ben Hinnom Valley
5. “Insuring Dispossession”: New Report Examines Role of 5 Israeli Insurance Companies in Enabling Occupation

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Smotrich Asks for Finance Ministry & Extensive Powers Over the Settlements in Exchange for Forgoing Defense Ministry Post 

Israeli press is widely reporting that Bezalel Smotrich has agreed to back down from his demand to be appointed the next Defense Minister on the condition that he is named as Finance Minister and also that he will be given the authority to name a key official in the Defense Ministry who oversees policies related to the settlements. Settler media further reports that Smotrich has asked for the entire issue of settlements to be transferred from the Defense Ministry to the Finance Ministry – a move that would put the settlements under direct Israeli law (in effect, annexing them, even without any formal declaration of annexation). It is not clear at the time of reporting if Netanyahu has agreed to Smotrich’s demands.

Settlers Attack Palestinians (and an Israeli Soldier) in Hebron

What started ostensibly as a religious gathering of settlers in Hebron turned into a frenzied, violent mob composed of an estimated 32,000 settlers and their supporters. The mob marched through Hebron, attacking Palestinians, their homes, and their shops in the Old Market of Hebron. In anticipation of clashes, the IDF forced Palestinian shop owners to close their stores  Prior to the march, and then provided protection and security assistance to the marchers. According to one account (and as documented in multiple videos), IDF soldiers little or nothing to protect Palestinians who were being chased, beaten, and harrassed by the Israeli crowd, or to hold the attackers responsible.

As a reminder, Hebron is the clearest example of Israeli apartheid in action. In the city where 99.6% of the population is Palestinian, the Israeli army and settlers together strangle Palestinian life through severe restrictions on freedom of movement, access to education, commercial opportunities, and basically every facet of life — all for the purposes of supporting the existence and constant expansion of settler enclaves in the city, and the freedom of movement and impunity for the settler residents. 

The Haaretz Editorial Board published an incisive response to the events in Hebron:

“The police announced that they had prepared for the event in advance. But in a place where Jewish supremacy is anchored militarily (under “full Israeli security control”), preparations by the security forces mean only one thing – clearing swaths of the city of Palestinians to enable the Jewish masters to march through its streets…the incoming government not only isn’t interested in stopping this dangerous energy. It’s even riding it. The incidents in Hebron are emblematic of the spirit of the time. And from that standpoint, one can and should view these events as a preview of what is likely to happen in Israel and the West Bank under the rule of Benjamin Netanyahu, Bezalel Smotrich and Itamar Ben-Gvir.”

The clashes received media attention in Israel largely because those injured by the maruading settlers included a female IDF soldier (who was attacked by a settler with a stick – she was injured and briefly hospitalized) and an Israeli bodyguard of MK Itamar Ben Gvir. The injured soldier has pressed charges against the attacker, who turned out to be a 17-year-old. Additionally, an off-duty sareli soldier who participated in the mob was arrested in connection with the riot.

New Report on Silwan/”City of David” & Elad

Al-Haq – the preeminent Palestinian human rights group that has been targeted by the Israeli government – has published a lengthy report (and a short video) on settler initiatives in Silwan, entitled “Finding David: Unlawful Settlement Tourism in Jerusalem’s so-called City of David.” The report provides legal analysis on how the ‘City of David’ – a Palestinian-populated area of Silwan that Israel has for years been actively working to transform into an archeological-tourist site, and management of which, in the service of this goal, has been given over to the Elad settler group –  serves to “forcibly displace Palestinians from their homes, lands and properties in the context of Israel’s plan to organise a demographic change in Jerusalem.” 

On Elad, Al-Haq writes incisively:

“Elad’s objective is to use the archaeological remains in the Palestinian neighbourhood of Silwan to support Israel’s political claim over Jerusalem, Judaise the space and forge links with Jewish tourists through education and tourism programmes at the ‘City of David’ settlement. Presenting a Zionist Jewish tourism narrative operates in parallel with the State goals of inviting Jews to move to Israel and colonise unlawfully appropriated Palestinian lands.50 Elad concurrently operates a settlement programme deep into the heart of the picturesque Palestinian hilltop neighbourhood of Silwan and forcing the removal of Palestinian families. In doing so, the systematic erasure of the Palestinian past (through archaeology) and Palestinian present (through tourism) is an integral part of the colonisation and Judaisation of Silwan.”

In conclusion, Al-Haq writes:

“The ‘City of David’ is a political tool in Israel’s strategy to maintain and entrench its apartheid and settler-colonial regime over Jerusalem. The settlement exemplifies the importance of narratives in Israel’s settler-colonial enterprise, where the search for purported historical legitimacy becomes a national goal. At the illegal ‘City of David’ settlement, the Israeli state, archaeologists (both local and international) and settler organisations work to erase Palestinian presence; historically through the destruction and designation of the Palestinian artefacts and contemporaneously through the forced removal of Palestinians from their archaeologically rich lands. Meanwhile, hundreds of thousands of tourists stroll through the settlement each year, failing to see what happens around them.”

New Report on the Ben Hinnom Valley

Emek Shaveh has published a new report surveying the myriad of settlement projects in and around the Ben Hinnom Valley of East Jerusalem, including their history and current legal status, which are controlled by the Elad settler group (in parallel to Elad’s control over projects in Silwan/”City of David”). 

In previewing the report, Emek Shaveh writes:

“The developments described in this report underscore Elad’s control over a highly strategic area that links West Jerusalem to important sites in Silwan/City of David adjacent to the Old City walls. The new route provides access to the northeastern Sambuski Jewish Cemetery, where it descends toward the City of David site, the Elad Foundation’s flagship project in Silwan. At its eastern tip, the valley borders the al-Bustan neighborhood which, according to a municipal plan, will lead into a garden that simulates that of the biblical King David.

Activities in the Hinnom Valley are integral to the efforts to transform the Historic Basin of Jerusalem and force Palestinians out of the area. Together with the appropriation of Palestinian homes and lands,  the creation of archaeological touristic attractions that tell an exclusive Judeo-centric story of the city serves to legitimize the settlement enterprise in the eyes of the Israeli and international publics. Needless to say, this process is highly detrimental to the prospect of a negotiated political resolution for the conflict.

This report will detail developments in the valley as documented by Emek Shaveh, and outline the mechanisms used to accomplish the Elad Foundation’s objectives including: Exploitation of legal and administrative mechanisms to promote Elad’s interests; Selective enforcement; Influence over planning institutions to promote plans that fundamentally change the character and demographics of the valley; Direct influence over State authorities – the Jerusalem Development Authority (JDA), the Israel Nature and Parks Authority (INPA) and the Israel Antiquities Authority (IAA), along with links to the Ministry of Education, IDF, and other authorities – which serve to promote plans and activities that alter the Hinnom Valley’s landscape and undermine its heritage.”

“Insuring Dispossession”: New Report Examines Role of 5 Israeli Insurance Companies in Enabling Occupation

In a new report, Who Profits — and an independent research center dedicated to exposing the commercial involvement of Israeli and international corporations in the ongoing Israeli occupation of Palestinian and Syrian lands — examines the complicity of five key Israeli insurance companies in enabling the occupation by financing the construction of settlements, settlement infrastructure, Israeli military, and activities that exploit natural resources in the West Bank. Who Profits concludes that the five companies are among the “prime financiers of Israel’s economic and political agendas,” noting that the companies “are involved in widespread activities that work to entrench Israel’s prolonged military occupation and processes of colonial dispossession and control.”

You can read the report here.

 

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

To subscribe to this report, please click here.

November 18, 2022

1. Jerusalem Planning Committee to Discuss (Another) Plan to Significantly Expand Nof Zion Settlement Enclave
2. As Court Tries to Avoid Underlying Issue of Land Allocation Practices in the West Bank, Palestinians Reject “Deal” that Would Allow Construction of Givat Eitam/E-2 Settlement,
3. Mass Displacement/Dispossession in Silwan Advances, Court Rejects Shahadeh Family Petition
4. Elad Continues Illegal Work in East Jerusalem Cemetery
5. Bibi’s Coalition Promises on Settlement: Outposts, Homesh, Evyatar, Infrastructure, Override Clause, & More
6. Settler Violence Continues to Surge
7. U.S Ambassador Visits a Settlement, Less Than a Year After Saying He Won’t
8. Bonus Reads

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Jerusalem Planning Committee to Discuss (Another) Plan to Significantly Expand Nof Zion Settlement Enclave

Ir Amim reports that on November 23rd the Jerusalem District Planning Committee is scheduled to discuss a plan to expand the Nof Zion settlement enclave, located in the heart of the Palestinan neighborhood of Jabal Mukaber in East Jerusalem. The plan would allow for 100 new residential units and 275 hotel rooms in the settlement enclave, and is part of a larger scheme to connect the enclave to the built-up area of East Talpiot – a scheme which would cut deeply into the Jabal Mukaber neighborhood and entrench the expanding continuum of Israeli settlements surrounding Jerusalem.

Commenting on the plan, the Israeli NGO Ir Amim writes:

“Beyond its geopolitical implications, this is yet another example of the severe discrimination in urban planning and housing in East Jerusalem. Despite the plan being slated for the entrance of Jabal Mukabber, it is not designated for the community’s development needs but rather for the expansion of a Jewish settlement in the middle of a Palestinian neighborhood. It should be noted that Jabal Mukabber is among the Palestinian neighborhoods in East Jerusalem with the highest number of demolitions per year.”

Specifically, the Nof Zion expansion plan to be discussed by the Jerusalem District Planning Committee on November 23rd is interconnected with another plan (last discussed by the Committee in January 2022). That plan seeks to move an Israeli police station [the Oz station] currently located on the border of Jabal Mukaber, to a new site across the street (where it will become a massive Israeli security headquarters), leaving its current location free for the planned expansion of Nof Zion. Ir Amim filed a petition against the police station plan, saying that it is an affront to the planning needs of the local community and continues Israel’s systematic, city-wide discrimination against the housing, educational, and service-based needs of Palestinian neighborhoods. 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.”

These plans are just the latest efforts to expand and entrench the Nof Zion settlement enclave. Prior plans include:

• In 2017, the Israeli government approved a plan to build a new synagogue and mikveh for the settlement, to be located on private Palestinian land that had been expropriated form Jabal Mukaber the year before. 
• In April 2019, after two years of rumors, the Israeli government issued 176 building permits for the already-approved project to build . According to Ir Amim, those permits were ultimately issued in April 2019. 
• In 2019, construction began on a plan to triple the size of the settlement enclave, making it the largest such enclave in East Jerusalem. After a two-year stall, construction on the expansion resumed in 2021 with new financing.

As Court Tries to Avoid Underlying Issue of Land Allocation Practices in the West Bank, Palestinians Reject “Deal” that Would Allow Construction of Givat Eitam/E-2 Settlement

On November 14th, Peace Now tweeted updates from a courtroom where the Israeli Supreme Court was attempting to resolve the ongoing petition against the allocation of “state land” for the construction of the Givat Eitam/E-2 settlement, slated to be build on a strategic hilltop – which Palestinians know as a-Nahle – located just south of Bethlehem. The construction of Givat Eitam/E-2 would significantly expand the Efrat settlement in the direction of Bethlehem. It would also effectively cut Bethlehem off from the southern West Bank and complete the city’s encirclement by Israeli settlements.

In the hearing, the State of Israel proposed a deal to the Palestinian petitioners, according to which the State would allocate to them a total of 54 dunams (out of the 1,400 dunams originally planned for the construction of the new settlement). The Palestinian landowners rejected the deal, with their lawyer Michael Sfard noting:

“The main problem is that the solution proposed by the court…does not remove the evil of the decree from their heads, and therefore we oppose this proposal…that offer, whether it is 50 or 100 dunams, does not help the Palestinian communities. Since we, and everyone who sits around here, knows that if this neighborhood is built, it’s likely that they won’t even be able to cultivate those acres.”

Peace Now tweeted its sense of where the judges opinions might land, writing:

“The hearing is over. The petitioners rejected the state’s offer. It seems that the judges are trying to avoid a decision on the central question regarding the entire land – whether it should be allocated to the settlements or the Palestinians. The judges keep trying to walk between the drops. On the one hand, they cannot ignore the blatant discrimination in Israel’s land allocation policy. On the other hand, they are trying to avoid the fundamental question of the legality of this land allocation to the settlement.”

The High Court held a hearing in June 2021 on this same petition. Peace Now’s Hagit Ofran told FMEP that at the conclusion of that hearing the Court had given the government of Israel 90 days to respond to a proposal to either allocate to the individual petitioners some of the “state land” directly involved in the case, or to allocate to them “state land” nearby. This decision by the Court purposely narrowed the scope of Peace Now’s legal challenge by addressing only the case of the land in a-Nahle and the individual petitioners involved, thereby dodging the more fundamental question put forth in the petition challenging Israel’s discriminatory practice of allocating 99.8% of “state land” for settlement purposes. This is the first time the issue of state land allocations to settlements is being challenged in an Israel court.

Mass Displacement/Dispossession in Silwan advances, as Court Rejects Shahadeh Family Petition

On November 13th, the Jerusalem District Court announced that it had rejected an appeal by the Palestinian Shehadeh family seeking to cancel eviction orders that seek to dispossess them of their longtime homes in the Batan al-Hawa section of Silwan in favor of the Ateret Cohanim settler organization. The announcement follows a hearing the Court held on the appeal on November 9th.

As a reminder: the Shahadeh family is one of 85 families in Batan al-Hawa facing displacement at the behest of Ateret Cohanim. The legal fate of all of the families is bound together, with the Duweik family’s case being the furthest advanced and setting a dangerous precedent for the Shehadehs and others. Indeed, this week the Supreme Court discussed several of the decisions made in regards to the Duweik family, and their relation to the Shehadehs’ case. Notably, in July 2022 a 3-judge panel of the Supreme Court could not agree on the Duwiek’s family’s petition, which resulted in the petition being sent back to the Jerusalem Magistrate’s Court – where it currently awaits further consideration. One of the judges accepted the argument that the family should be allowed to continue living in their homes because a statute of limitations prohibits Ateret Cohanim – through its management of an historic land trust – from making a claim to the land after such a long period of absence. 

As a reminder, Ateret Cohanim has waged a years-long eviction campaign against Palestinians living in Silwan, on property the settler NGO claims to own. In total, Ateret Cohanim’s campaign stands to ultimately dispossess 700 Palestinians (85 families) in Silwan. The group’s claim is based on having gained control of the historic Benvenisti Trust, which oversaw the assets of Yemenite Jews who lived in Silwan in the 19th century. In 2001 the Israeli Charitable Trust Registrar granted Ateret Cohanim permission to revive the trust and become its trustees, (following 63 years of dormancy). In 2002, the Israeli Custodian General transferred ownership of the land in Batan al-Hawa to the Trust (i.e., to Ateret Cohanim). Since then, Ateret Cohanim has accelerated its multi-pronged campaign to remove Palestinians from their homes, claiming that the Palestinians are illegal squatters.

Elad Continues Illegal Work in East Jerusalem Cemetery

Emek Shaveh & Ir Amim tweeted footage of construction work at the site of the Sambuski cemetery, an ancient Jewish cemetery located in the Ben Hinnom Valley in East Jerusalem. The Elad settler group – which is paid by the Israeli government to manage and expand a web of settler-tourist sites and the City of David National Park – has been conducting work on the Sambuski Cemetery despite apparently lacking a permit. Emek Shaveh – an Israeli NGO with expertise in archaeology –  notes that any construction within a national park should be heavily scrutinized by professionals and the public before being implemented.

In August 2022,  Elad unilaterally closed the main access road leading to the Palestinian neighborhood of Wadi Rababa, which travels past the Sambuski cemetery.  150 families were trapped in the neighborhood while Elad worked on the site.

The Sambuski cemetery was a relatively unknown, neglected site until recent years – but it is deeply integrated into Elad’s overarching, comprehensive plan to take control of the Silwan neighborhood. In 2020, the-president Trump’s “Peace to Prosperity” plan identified the Sambuski cemetery as a place of prime historical and religious importance to Israel, elevating the status of the cemetery. The Israeli NGO Emek Shaveh – which has special expertise on archaeology and the way archeology has been weaponized to serve the political agenda of the settlers and the state of Israel – wrote a report on exactly how the Trump plan supports settler efforts to use Jerusalem’s history and antiquities to promote Israeli-Jewish hegemony and control over the city.

Emek Shaveh explains how the cemetery is connected to other settler endeavors in Silwan:

“For the Elad Foundation the cemetery is a strategic site as it links together two important focal points of its enterprise – the neighborhood of Silwan, home to the City of David archaeological park and specifically to the Pool of Siloam at the southern tip of the site, and the Hinnom Valley an area which Elad has been developing for the past two years (more below).”

Bibi’s Coalition Promises on Settlement: Outposts, Homesh, Evyatar, Infrastructure, Override Clause, & More

Netanyahu continues to negotiate a final coalition agreement in order to form a new government, and has reportedly committed to virtually all of the main demands of the settler movement (short of outright annexation of all the land between the river and the sea), including:

1. Passage of the Supreme Court Override Clause (see this new explainer by ACRI). This law would obliviate judicial oversight in Israel, giving ultimate power to the Knesset. Under the new Israeli government and with the current Knesset, this law would likely be used  to reinstate the Settlement Regulation Law – the law that seeks to establish a legal basis for Israel to retroactively legalize outposts and settlement structures which are built on land that Israel acknowledges is privately owned by Palestinians. As a reminder, that law was overturned by the Israeli Supreme Court in June 2020. Peace Now estimates that the law stands to convert some 55 unauthorized outposts into official, authorized settlements, seizing some 8,000 dunams of privately owned Palestinian land in the process.
2. Full recognition & integration of outposts (i.e., retroactive legalization and de facto annexation). This was reportedly promised to Bezalel Smotrich, who has authored Knesset legislation to grant full status to outposts irregardless of the status of the land on which the outposts were built illegally. Separately, Netanyahu agreed with Itamar Ben Gvir that the outposts would be provided infrastructure services within 60 days of the new government being sworn in.
3. The reestablishment of the Homesh Settlement. Netanyahu reportedly committed to Itamar Ben Gvir, a longtime supporter/devotee of Rabbi Meir Kahane, that the settlement of Homesh will be reestablished on the land where it stood prior to being dismantled by the Israeli government in 2005. To do so would require the government to amend the 2005 Disengagement Law that not only ordered the dismantling of the Homesh settlement along with three others in the northern West Bank, but provided for Israel’s withdrawal from Gaza. For more on the long-running campaign by settlers and their allies to reestablish the Homesh settlement – and its consequences for Palestinians who live nearby and own the land on which Homesh once stood – see here. 
4. The legalization of a yeshiva at the Evyatar Outpost. Netanayhu and Ben Gvir agreed to grant retroactive authorization to a yeshiva established at the Evyator outpost. For more on the Evyatar outpost & yeshiva saga – see here.
5. A commitment to expanding settler road infrastructure across the West Bank. Netanyahu agreed with Ben Gvir to allocate $434 million ($1.5 billion shekels) for the paving of new and expanded bypass roads in the West Bank and for the expansion of Highway 60, and to expedite the planning process for doing so. For more analysis on how infrastructure such as roads contribute to Israel’s de facto annexation of the West Bank, see this report by Breaking the Silence.

In addition, Netanyahu is coming under increasing pressure from inside his coalition to name far right-wing MK Bezalel Smotrich as the next Defense Minister. Haaretz reports that Itamar Ben Gvir supports Smotrich’s demand because it will, 

“help implement a full right-wing policy, establish new settlements in the West Bank, approve construction of thousands of new housing units in them, stop Palestinian construction in Area C and halt the evictions of illegal outposts.” 

Of note, in 2021 Smotrich suggested that a “solution” to Palestinian “illegal” construction in Area C (construction by Palestinians on their own land, but without Israeli-required building permits, that Israeli makes it nearly impossible to obtain) could be to give settlements the authority to demolish Palestinian construction they believe to be unauthorized. 

American officials, including Ambassador Nides, have expressed concern over Smotrich’s potential appointment to such a key – and powerful – post. In addition to his pro-settlement, pro-annexation positions, Smotrich is also a self-proclaimed homophobe and has lobbied for the expulsion of Palestinians from Israel.

Lastly, and underscoring the extent to which the settlers’ agenda and the governing coalition’s agenda are one and the same: a newly elected Member of the Knesset, Limor Son Har-Melech of the Religious Zionism  coalition, has appointed a member of the radical hilltop youth movement to serve as his spokesperson.  Har-Melech’s new spokesman, Elisha Yered, lives in the outpost of Ramat Migron in the northern West Bank, and is under ongoing investigation following his arrest in August 2022 for “racist conspiracy” — amongst other charges for crimes against Palestinians. Yered is quoted as saying: 

“the hills are the scene of a war that according to Jewish law one is required to wage…what the hills do is to bring Jewish control to hundreds of dunams – that is something that no soldier in the greatest reconnaissance unit can do during his service.”

Settler Violence Continues to Surge

Following a Palestinian stabbing attack near the Ariel settlement that left 3 Israelis dead and 3 injured, settlers across the West Bank rampaged to take their revenge, committing over 20 attacks against Palestinian and their property, as well as Israeli soldiers, in the 24 hours that followed.

In addition, in its weekly report on Israeli human rights violations covering Nov. 10-16, the Palestinian Centre for Human Rights reports that settlers conducted 4 attacks on Palestinians’ vehicles in different areas in the West Bank during the reporting period Nov. 10-16.

“On 14 November 2022, Israeli settlers moved into Haris village in Salfit, north of the West Bank, and burned four vehicles belonging to the villagers.

On 15 November 2022, Israeli settlers attacked and set fire to a vehicle belonging to a
Palestinian who was in his way back from ‘Attil village in northern Tulkarm to Nablus.

On the same day, Israeli settlers intercepted a bus for a women’s trip in Hebron and
prevented it from moving for few hours, enticing fear among the passengers.

On 16 November 2022, Israeli settlers threw stones at four vehicles near Ramin village, east of Tulkarm, breaking their windows. On the same day, Israeli settlers damaged a vehicle belonging to a Palestinian doctor near Jit village in Qalqilya.”

PCHR concludes, noting: “Since the beginning of the year, settlers conducted at least 236 attacks. In two of the attacks, 2 Palestinians were killed.”

U.S Ambassador Visits a Settlement, Less Than a Year After Saying He Won’t

This week U.S. Ambassador to Israel Thomas Nides visited the West Bank settlement of Kiryat Netafim to offer his condolences to the grieving family of a victim of Sunday’s stabbing attack that killed three and wounded three. Nides’ trip marks the first time any representative of the Biden Administration has undertaken official travel to any Israeli settlement. A U.S. Embassy spokesperson said that “the shiva visit in no way signals a change in US policy toward settlements”

In January 2022 Ambassador Nides was quoted as saying he “will absolutely not” visit a settlement. It’s worth recalling that the Biden Administration has not reversed or publicly rejected the Trump Administration’s “Pompeo Doctrine,” which made it U.S. policy to view Israeli settlements as not “per se inconsistent with international law.” 

Kiryat Netafim is located about half way between the Ariel settlement and the cluster of settlements close to the 1967 Green Line that are slated to be united into a “super settlement” area (Oranit, Elkana, Shiva Tikva, and others). The string of settlements creates a contiguous corridor of Israeli construction and control stretching from sovereign Israeli territory to Ariel. As FMEP has repeatedly pointed out, the Ariel settlement is located in the heart of the northern West Bank, reaching literally to the midpoint between the Green Line and the Jordan border. The future of Ariel has long been one of the greatest challenges to any possible peace agreement, since any plan to attach Ariel to Israel (with a finger of land running through settlements like Kiryat Netafim) will cut the northern West Bank in half..

Bonus Reads

1. “Gantz approves upgrade to stretch of West Bank barrier after spate of terror attacks” (The Times of Israel)
2. On the U.N.:
   1. “Key UN committee seeks legal opinion on Israel’s occupation” (Washington Post)
   2. “Opinion | Israel’s Chutzpah at the United Nations” (Haaretz / Noa Landau)
   3. “Lapid, Gantz slam UN panel’s call on ICJ to probe Israeli ‘occupation, annexation’” (The Times of Israel)
3. “Adalah and Center for Constitutional Rights demand US cancel its plan to build embassy compound in Jerusalem on private Palestinian land” (Adalah)
4. “Expulsion by Other Means: Israel’s Campaign Against Palestinians in Masafer Yatta” (J Street)
5. “Ben & Jerry’s board bemoans West Bank, east Jerusalem sales” (AP News)
6. “Wild boars in Palestine are being weaponized by Israeli colonialism” (Mondoweiss)
7. “IDF soldier suspended for cursing left-wing activist in Hebron: ‘You’re a traitor’” (The Times of Israel)

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

To subscribe to this report, please click here.

November 11, 2022

1. Israel Gives Settler Group $7.8 Million for East Jerusalem Projects
2. Israel Supreme Court Holds Hearing on Silwan Displacement Case
3. Israeli Lawmakers Join Settlers on Provocative Visit to Joseph’s Tomb; 1 Palestinian Killed
4. Peace Now Video Shows Impact and Tragedy of the Planned E-2 /Givat Eitam Settlement
5. A New Israeli Government: Implications for Settlements & Annexation
6. Bonus Reads

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Israel Gives Settler Group $7.8 Million for East Jerusalem Projects

A Haaretz investigation has revealed that various arms of the Israeli government have transferred a combined total of $7.8 million to the Elad settler organization to develop and manage new tourist projects in the Ben Hinnom Valley in East Jerusalem. This figure is double the State’s original budget for Elad – a settler organization which Israel also pays to manage the City of David National Park. 

The additional funding came from three sources: the Jerusalem Affairs & Heritage Ministry, the Israel Lands Authority, and the Jerusalem Municipality. All funds were used to fuel the expansion of integrated tourism projects which underpin Elad’s control over land in the Ben Hinnom Valley, located near Silwan. This is an area where most of the land is privately owned by Palestinians and rich with olive groves. Over the past few years Israel has begun seizing land – plot by plot – mainly via the issuance of ”landscaping” (or “gardening”) orders which allow the government to take control of and develop any land that it deems “neglected.” The land, once seized, is then handed over to Elad.. 

The Israeli NGO Emek Shaveh responded: 

“The settlement project of Elad, one of the richest nonprofits in Israel, is being funded by the citizens of the State of Israel and the residents of the poorest city in Israel – out of their own pockets! But the real price and the irreversible damage will be paid by the heritage sites of Jerusalem. At the end of the day, the ancient landscapes of the Hinnom Valley will become a playground, with a suspension bridge, a cable car and a biblical farm for ancient agriculture with sprinklers, an artificial waterfall and an electric outdoor oven – all in order to push the Palestinians out of the valley.”

In addition to its increasing control of the Ben Hinnom Valley, Elad and the Israel Nature and Parks Authority have had a contract, since 2020, to transfer the management and development of the City of David National Park to Elad. Elad carries out this contract with brutal implications for Palestinians who live inside the borders of this national park – borders Israel imposed on Palestinians residents, many of whom had been living in the areas for generations, with what appears to be total disdain/disinterest in their rights or welfare. Elad’s management of the park also weaponizes archaeology in the service of its explicit agenda: increasing Israeli control and imposing an exclusively Jewish religious and historical narrative over the entire city of Jerusalem. Elad is also a main actor behind the widespread house-by-house dispossession of Palestinians living in Silwan. In addition, Elad is pioneering a never growing slate of touristic settlement projects which increase Israeli control over the area and help reinforce a settler narrative of the city of Jerusalem which emphasizes its Jewish history while erasing past, present, and future Palestinian heritage.

Israel Supreme Court Holds Hearing on Silwan Displacement Case

Ir Amim reports that on November 9th, the Israeli Supreme Court held a hearing on an appeal against the pending eviction of the Shahadeh family from their longtime home in the Batan al-Hawa section of Silwan. A decision is expected to be issued by the Court within a few weeks.

The Shahadeh family is one of 85 families in Batan al-Hawa facing displacement at the behest of the Ateret Cohanim settler organization. The legal fate of all of the families is bound together, with the Duweik family’s case being the furthest advanced and setting an dangerous precedent for the Shehadehs and others. Indeed, this week the Supreme Court discussed several of the decisions made in regards to the Duweik family, and their relation to the Shehadehs’ case. Notably, in July 2022 a 3-judge panel of the Supreme Court could not agree on the Duwiek’s family’s petition, which resulted in the petition being sent back to the Jerusalem Magistrate’s Court – where it currently awaits further consideration. One of the judges accepted the argument that the family should be allowed to continue living in their homes because a statute of limitations prohibits Ateret Cohanim – through its management of an historic land trust – from making a claim to the land after such a long period of absence.  

As a reminder, Ateret Cohanim has waged a years-long eviction campaign against Palestinians living in Silwan, on property the settler NGO claims to own. In total, Ateret Cohanim’s campaign stands to ultimately dispossess 700 Palestinians (85 families) in Silwan. The group’s claim is based on having gained control of the historic Benvenisti Trust, which oversaw the assets of Yemenite Jews who lived in Silwan in the 19th century. In 2001 the Israeli Charitable Trust Registrar granted Ateret Cohanim permission to revive the trust and become its trustees, (following 63 years of dormancy). In 2002, the Israeli Custodian General transferred ownership of the land in Batan al-Hawa to the Trust (i.e., to Ateret Cohanim). Since then, Ateret Cohanim has accelerated its multi-pronged campaign to remove Palestinians from their homes, claiming that the Palestinians are illegal squatters.

Israeli Lawmakers Join Settlers on Provocative Visit to Joseph’s Tomb; 1 Palestinian Killed

On November 9th, a Palestinian teenager was killed in Nablus during clashes between Palestinians and the IDF. These clashes resulted from a deliberately provocative visit carried out by settlers and Israeli lawmakers – under IDF protection – to the site of Joseph’s Tomb, which is located inside of Nablus. The settlers and eight current and incoming members of the Knesset visited the site despite a public threat to attack the delegation which was issued the day before by a Palestinian armed faction.

On a monthly basis (and sometimes more often) the IDF arranges for settlers to visit Joseph’s Tomb. The tomb is located within Area A of the West Bank (where Israel does not, under the Oslo Accords, have direct control). However, Joseph’s Tomb is one of two sites in Area A which the Oslo Accords stipulate are under the control of the Israel military. As such, it has been a perennial flashpoint, largely due to deliberately provocative actions by settlers. The whole circumstance – of settlers visiting Joseph’s Tomb – was recently called “absurd” by former IDF Major General Gadi Shamni.

While some Jewish Israelis may want to visit the site of Joseph’s Tomb for non-politically-motivated religious purposes, this latest story should be viewed in the larger context of settlers weaponizing claims to sites like Joseph’s Tomb, and archaeology in general, to expand Israel control over (i.e., de facto annexation of) parts of the West Bank that per the Oslo Accords are under Palestinian Authority control. 

Peace Now Video Shows Impact and Tragedy of the Planned E-2 /Givat Eitam Settlement

In advance of a High Court hearing scheduled for Nov. 14th, Peace Now has released a 10 minute video  explaining the unfolding tragedy of E-2/Givat Eitam. Peace Now is leading the petition alongside the Palestinian landowners. 

The Supreme Court – courtesy of a petition filed by Palestinian landowners with the assistance of Peace Now – is due to continue its consideration of the Palestinians’ challenge to the allocation of “state land” to the Israeli Ministry of Housing for the construction of a new settlement called Givat Eitam on a strategic hilltop – which Palestinians call a-Nahle – located just south of Bethlehem. 

As a reminder, the High Court held a hearing in June 2021 on this same petition. Peace Now’s Hagit Ofran told FMEP that at the conclusion of that hearing the Court had given the government of Israel 90 days to respond to a proposal to either allocate to the individual petitioners some of the “state land” directly involved in the case, or to allocate to them “state land” nearby. This decision by the Court purposely narrowed the scope of Peace Now’s legal challenge by addressing only the case of the land in a-Nahle and the individual petitioners involved, thereby dodging the more fundamental question put forth in the petition challenging Israel’s discriminatory practice of allocating 99.8% of “state land” for settlement purposes. This is the first time the issue of state land allocations to settlements is being challenged in an Israel court.

A New Israeli Government: Implications for Settlements & Annexation

Likud Party leader and Israel’s longest-serving (over multiple tenures in office) Prime Minister Benjamin Netanyahu is once again poised to lead the Israeli government, this time relying on a governing coalition that includes extremist/racist/Islamophobic/homophobic Jewish supremacist figures like Itamar Ben Gvir (a longtime supporter/devotee of Rabbi Meir Kahane) and Bezalel Smotrich. Settlers are giddy, with notable settler leaders Daniela Weiss describing the election results as a “revolution,” and saying there will certainly be an acceleration in settlement growth.

Here are key demands being made of Netanyahu that will likely define the new government and influence its policies on settlements and annexation:

• Itamar Ben Gvir – who has called for the expulsion of Palestinian citizens of Israel, who was disqualified from IDF service for his extreme views, and who is closely allied with the settlers in Sheikh Jarrah – is demanding to be named the Minister of Public Security. This would put him in charge of the Israeli police and their power over Palestinians living in Israel and East Jerusalem. The Ministry would also hand Ben Gvir a large role over security at the Temple Mount, which Ben Gvir has advocated for Israel to take unilateral control over – a dangerous proposition. Ben Gvir has also publicly proclaimed that, should he be appointed, he will change the rules of engagement so that Israeli soldiers have broader leeway to shoot at Palestinians (for reasons as minimal as suspected stone-throwing), and he will push for broad immunity for Israeli security officials (which combined appear to be a directive to kill Palestinians under the promise of immunity).
• Bezalel Smotrich – who continues to demand either the Defense, Finance, or Justice Ministries –  is making two key legislative demands:
  • Passage of the Override Clause, which would allow a simple majority in the Knesset to vote to reinstate any law that the Supreme Court rules is unconstitutional. This is particularly relevant for the Settlement Regulation Law,  which the Court struck down by the Court in 2020. The Knesset had passed the Settlement Regulation Law in order to create a legal basis to allow Israel to retroactively legalize outposts and settlement structures which had been built on land that Israel acknowledges is privately owned by Palestinians. Smotrich and many of the coalition members have been longtime supporters of the Override Clause in order to reinstate this law in particular.
  • Annexation of settlements. Smotrich is demanding that settlements come under domestic Israeli law, which would implement the annexation of the settlements to Israel. This is also a widely-popular initiative, with Yariv Levin – Netanyahu’s Likud partymate – recently saying that annexation is high on the government’s agenda.

Bonus Reads

1. “West Bank Settler Accused of Terrorism After Attacking Palestinian in East Jerusalem” (Haaretz)
2. “Israel Resumes Construction of Jewish Town Planned Over Ruins of Yet-to-be-demolished Bedouin Village” (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.

November 4, 2022

1. Apartheid in action: Israel proceeds with plan to cut off Al Walajah from lands & water source 
2. In Response to Settler Violence in Hebron, IDF punishes Palestinians — Declares Issa Amro’s Home and surrounding area a “Closed Military Zone”
3. Israel Seizes More Land to Expand Eli Settlement
4. Settler Terrorism Visualized in New Infographic
5. Bonus Reads

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Apartheid in action: Israel proceeds with plan to cut off Al Walajah from lands & water source 

Ir Amim reports that the Jerusalem Municipality allocated NIS 3 million to implement its plan to relocate a key IDF checkpoint leading to the Palestinian village of Al-Walajah, a village which is located on (and partially within) the southern perimeter of Jerusalem’s expanded municipal borders. The effort to move the checkpoint closer to the built-up area of Al-Walajah is part of the Israeli government’s long running effort to take control over an increasing amount of land – and importantly, the Ein Haniya spring – that historically belongs to Al-Walajah. Israel’s plan to relocate the checkpoint has been frozen for the past four years, after a petition against the plan filed by residents of Al-Waljah was rejected by the Israeli courts. Now it appears to be proceeding. Ir Amim explains what is happening behind the scenes:

“According to Ir Amim’s initial inquiries, no building permit necessary for the relocation and construction of the new checkpoint appears to currently exist. The Finance Committee’s agenda cited that the checkpoint’s relocation is being carried out at the request of the Jerusalem Municipality, Ministry of Jerusalem Affairs, and the Israel Police. However, the checkpoint constitutes a military facility–the location of which should be determined by the Israeli army. Yet, the army is not among the Israeli bodies requesting its relocation; therefore, claims stating that such a measure is necessary for “security reasons” can be interpreted as unsubstantiated.  If the checkpoint is relocated, it will have dire consequences on the residents of al-Walaja, their agricultural lands, and their livelihoods.”

By relocating the checkpoint to a point closer to Al-Walajah, Palestinians from the village will no longer have unfettered access to approximately 1200 dunams of agricultural land, including the site of the Ein Haniya springs. The Ein Al-Hanya spring, which the Jerusalem Municipality declared a national park in 2013 and then spent years and millions of dollars renovating into a tourist destination, is located on land historically part of Al-Walajah and it long served as a main source of water for households, farms, and recreational purposes for the village’s residents. Ir Amim explains this model of land seizure, writing: 

“The designation of areas as national parks, nature reserves, and/or green spaces is a common Israeli practice in East Jerusalem used to alter the character of the space, fracture the Palestinian environs, and suppress Palestinian urban planning, while allowing for the seizure of their lands for Israeli interests.”

Since 1967, Al-Walajah has suffered due to its location and its complicated status (much of the village’s lands, including areas with homes, were annexed by Israel in 1967, but Israel never gave the villagers Jerusalem legal residency by Israel – meaning that under Israeli law, their mere presence in their homes is illegal). Today it is acutely suffering from a multi-prong effort by the Israeli government and settlers to grab more land for settlement expansion in pursuit of the “Greater Jerusalem” agenda. This land grab campaign includes home demolitions (four homes in Al-Walajah were demolished by Israel on November 2, 2022, for example), the construction of the separation barrier and bypass roads in a way that seals off the village on three sides, and the systematic denial of planning permits.

In Response to Settler Violence in Hebron, IDF punishes Palestinians — Declares Issa Amro’s Home and surrounding area a “Closed Military Zone”

On October 31st, the IDF has declared the immediate area around the home of prominent Palestinian activist Issa Amro to be a “closed military zone” – an order which prevents the operations of Amro’s community organization, Youth Against Settlements, which operates partially out of Amro’s home. Under the order, Amro is the only person permitted to enter the house.

The order was issued after Amro made three attempts to file a complaint with Israeli police in Hebron regarding one particularly violent attack by settlers, parts of which were caught on video. Police turned Amro away. In a video message explaining the situation, Amro says that the closure order follows years of settlers trying to take over his home, which is located in the heart of downtown Hebron, sandwiched between settlement enclaves.

Michael Sfard, a prominent Israeli human rights lawyer representing Amro, wrote a letter to the Israeli army requesting a criminal investigation into the officer who issued the closure order, saying the order is:

“so arbitrary that there is no doubt that [it was not the product of] good faith or a mistake in judgment but rather signed with the knowledge that it was not directed at the person who has been disturbing the peace and was meant to satisfy the thugs who had initiated the attacks and ‘friction.’”

Israel Seizes More Land to Expand Eli Settlement

On October 31st, Wafa News reports that the Israeli army issued a military order seizing 152 acres of land belonging to the Palestinian villages of Qaryout and al-Lubban ash-Sharqiya (near Nablus) in order to expand the Eli settlement. No further details were reported.

Settler Terrorism Visualized in New Infographic

Visualizing Palestine published a superb new graphic that communicates the severity and totality of escalating settler terrorism targeting Palestinians and their property. 

Bonus Reads

1. “Britain Scraps Plan to Move Embassy to Jerusalem” (Haaretz)