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.

August 16, 2024

1. New Blue Line Map Paves Way for New Settlement, Nahal Heletz
2. New Blue Line Map Grants Migdal Oz Settlement More Land
3. Tender Issued for Alon Shvut Construction
4. Givat Hamatos Expansion Plan Deposited
5. Settlers Open Long Awaited “Zip Line” Project in Jerusalem
6. Settlers Lead Violent Pogrom in Jit
7. Threat of Multiple Demolitions in al-Bustan, Along with Settler Takeovers, Amplifies Threat of Mass Displacement
8. IDF Partially Dismantled Giv’at Oz Zion Outpost
9. Settlers Stage Another Protest On Gaza Boundary
10. Regavim Files Lawsuit Against U.S. Government Over Settler Sanctions
11. Canada Revoked JNF Tax Exemption
12. Bonus Reads

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New Blue Line Map Paves Way for New Settlement, Nahal Heletz

On August 14th the Israeli Civil Administration’s Blue Line Team released an updated map delineating more state land in the area of the Palestinian village of Battir, land on which the government is advancing plans to build a new settlement, called Nahal Heletz. This move is tantamount to issuing a new declaration of “state land,” though the Israeli government views it as a correction and/or update to previous maps. If built, Nahal Heletz would be the first new settlement the Israeli government has planned since 2017, when the Amichai settlement was established. 

Speaking after the declaration, Smotrich said:

“No anti-Israelism or anti-Zionism will stop the continued development of the settlements. We will continue to fight the dangerous idea of a Palestinian state, and establish facts on the ground. This is my life’s mission and God willing I will continue with it as much as I can.”

The updated map of the Blue Line changes the status of an irregularly shaped area of 602.7 dunams to “state land”, allowing the settlement to be planned there – a slice of land much larger than what had previously been planned for the new settlement. Palestinians – whose access to their own privately owned land near the area of the settlement will be restricted – have 45 days to submit an appeal against the designation. Peace Now notes that the shape of the new line:

 “rais[es] questions about how it is possible to construct a settlement in such a fragmented and irregularly shaped area. Based on the settlers’ past experience, it is highly likely that parts of the land outside the blue line will be incorporated into the settlement, and Palestinians will be denied access to their land. As seen in the map, extraordinary efforts have been made to create a blue line for the intended settlement…The pace of declarations of blue line boundaries and state land is unprecedented. Just last week (7.8.24), 116 dunams were declared as state land in the Migdal Oz settlement. The numerous declarations of state land and blue line boundaries for settlements are a result of the government’s policy to prevent the establishment of a Palestinian state and to legitimize the settlement enterprise.”

Recall that a month ago the Israeli government established a jurisdiction for the new settlement before the status of the land was clear. The Israeli Blue Line Team (a government effort to precisely map the boundaries of state land in the West Bank) said at the time that it had updated its maps of state land boundaries in the area, but those maps were note released until August 14th, and – to no one’s surprise – discovered the boundaries of state land in the area to include more area than previously declared, allowing for the settlement to be established.

Battir is a Palestinian village known for its ancient terraced hills, which are recorded as a UNESCO World Heritage site. Notably, the new settlement does not include the land on which two illegal outposts already exist on Battir’s land. The new settlement is being planned for land that is between Bethlehem and several villages to its west (Walaja, Battir, and Husan) –  meaning that construction on this land will sever the territorial continuity of Palestinian land in the Bethlehem region, and, in the words of Peace Now: “turn them [the villages] into an enclave within Israeli territory.”

Palestinian journalist and commentator Nour Odeh told Al Jazeera:

“[Smotrich] is flexing his muscles, telling the world that he cares very, very little about international law…[the settlement] devours what’s left of [Palestinian] land in the Bethlehem area, which has shrunk to nearly 10 percent of its original size…[it is located] not just in any UNESCO World Heritage Site, but also in … the only place left for agriculture, for picnics, planning and building”.

New Blue Line Map Grants Migdal Oz Settlement More Land

On August 7th, the Israeli Civil Administration published a new map which expands the amount of land in the area of the Migdal Oz settlement by 116.2 dunmans. According to Israeli press, the government is preparing plans for the construction of 500 new settlement units on this land.

Migdal Oz is located between Bethlehem and Hebron in the southern West Bank, in an area where the Israel separation barrier cuts deeply into the West Bank so much so that the Migdal Oz, and Efrat settlements are on the Israeli side of the barrier (de facto annexed into Israeli proper.

Peace Now said in a statement: 

“The Israeli government continues to legitimize the injustice and original sin of the settlement enterprise. Instead of evacuating settlements established through military seizure orders, which have taken hundreds of dunams from the Palestinian residents of Beit Ummar, the government perpetuates this injustice with regulations and laws that deepen the hostility between Israelis and Palestinians. This is a messianic government focused solely on annexation and the perpetuation of the  war & occupation, with no regard for the security of either Israelis or Palestinians.”

Tender Issued for Alon Shvut Construction

Peace Now reports that the Israeli Ministry of Housing issued a tender for the construction of 110 new settlement units in the Alon Shvut settlement. The Alon Shvut settlement, located just north of the Kfar Etzion settlement and between Bethlehem and Hebron. The Alon Shvut settlement was last expanded in 2019, when the Israeli government created a new outpost near the settlement in order to “temporarily” house settlers who had been forcibly evacuated from the Netiv Ha’avot outpost. The government then added the area on which the settlers were relocated to the jurisdiction of Alon Shvut.

Peace Now notes that this is the second tender published for West Bank construction in 2024.

Peace Now said in a statement: 

“This new tender adds to the additional construction that the Israeli government has been advancing across the West Bank since the beginning of the year. So far, the government has promoted over 8,700 units in the planning council, and with this new tender, the total number of housing units put up for tender stands at 630. Instead of focusing on areas like the north or the south that are in need of development and investment, the Israeli government chooses to promote housing units in occupied territories that do not belong to it.”

Givat Hamatos Expansion Plan Deposited

Ir Amim reports that on August 4th the Jerusalem District PLanning Committed formally deposited for public review a plan to massively expand the Givat Hamatos settlement along the Hebron Road. The plan calls for 3,5000 new settlement units and 1,300 hotel rooms to be built on the eastern slopes of the Givat Hamatos settlement – construction which would double the number of housing units in the Givat Hamatos settlement and increase its land mass by 40%. Further, the new settlement will be built on a strategic strip of land that will expand the area of Givat Hamatos eastward, connecting it with another new settlement plan – the “Lower Aqueduct Plan.” 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. 

Previous iterations of this plan included the Greek Patriarchate as a co-developer, but the newly deposited plans do not include mention of the Church anywhere. The Church has said in the past that part of the development is intended for use by the city’s Christian community, though previous reports indicate that the plan calls for five synagogues and two mikvehs, clearly showing that the construction is designed to serve Israeli Jews.

Settlers Open Long Awaited “Zip Line” Project in Jerusalem

On August 14th, the settler organization Elad celebrated the opening of one of its many touristic settlements in Jerusalem, this one a zipline in the Jerusalem’s Peace Forest. The zipline travels over the heads of Palestinian houses in the Jabal al Mukhaber neighborhood (see pictures). The zipline connects the “Peace Forest” in the Abu Tor neighborhood to another popular tourism site, the Armon Hanatziv promenade. 

As part of this project, Elad also established a new tourism center in the Peace Forest, a project that was paid for by the Israeli Ministry of Housing, to the tune of 43 million NIS ($12.38 million USD). The House – which the settlers have named “Beit Shatz” – was purchased by Elad as part of Elad’s broader efforts to use tourist projects as a means for taking control over the area, which is situated in a national park.

The behavior of Elad and the Israeli government in the Peace Forest underscores the the systematic discrimination in planning policies and enforcement facing Palestinians in Jerusalem. The several Palestinian families living in the “Peace Forest” and are prohibited from building or expanding/renovating their homes because of the strict building prohibitions for national parks.  Elad managed to circumvent those same restrictions by pushing the Jerusalem Municipality to request that the area they are targeting be designated as an “open public space,” which would allow the project to advance. In December 2019, Jerusalem planning authorities granted the settler-backed request. That same month, Israel pursued demolition orders against Palestinian homes in the Peace Forest that lacked building permits, despite the fact that in some cases Palestinians have repeatedly applied for and been denied permits. 

Peace Now said in a statement:

“The zip line project is one of many initiatives by the Elad organization in Jerusalem, where, in every case, the municipality and/or government bodies were involved in transferring responsibility for the sites to the foundation. For example, the archaeological site of the City of David has been operated by the Elad organization for decades, the Israeli government is constructing a cable car to the Elad organization’s tourism complex in the City of David, a camping site at the edge of the Peace Forest was developed with three million shekels of state funds, and the Hinnom Valley was handed over for agro-tourism development under Elad’s responsibility

These projects, along with the latest zip line initiative, represent a tourism activity intertwined with political interests, aimed at allowing the foundation to become a powerhouse in Jerusalem’s tourism sector. Elad seeks to control and manage numerous sites, both in terms of the content delivered to the public and the shaping of the space. Elad’s tourism activities can be seen as a form of “touristic settlement,” designed to make the area as “Jewish-Israeli” as possible and to complicate any future compromise agreement in Jerusalem, where two capitals for two states are envisioned.”

Jerusalem expert Daniel Seidemann commented on X: 

“Gleeful teenagers will screech as the race above the iconic views of the Mt. of Olives, the Old City and al Aqsa included in the ticket. This is the crass Disneyfication of historic Jerusalem, and it’s not the first.  A cable car is under construction leading from West Jerusalem to the settler headquarters in Silwan, a mere 179 meters away from Al Aqsa mosque.”

Settlers Lead Violent Pogrom in Jit

On August 15th, ~100 Israeli settlers from the X settlement launched a violent attack on the Palestinian village of Jit, located near Nablus in the northern West Bank. One Palestinian was killed by settler gunfire and many more were injured. Video of the pogrom show widespread damage to property as a result of settlers setting vehicles and homes on fire. The IDF arrived about an hour into the ordeal, and removed settlers from the town, but made only one arrest.  The IDF later said it has opened an investigation into the incident.

Threat of Multiple Demolitions in al-Bustan, Along with Settler Takeovers, Amplifies Threat of Mass Displacement

Ir Amim continues to raise alarm regarding the imminent mass displacement of Palestinians from their longtime homes in the al-Bustan section of Silwan, in East Jerusalem. 

The threat turned into reality for the Shehadeh family, whose home was taken over by settlers on August 15th with the assistance of Israeli police. Ir Amim says the Shehadeh family, “lost their home to an organization intent on displacing their entire community, all with the help of a legal system that imparts anything but justice” This is the 15th Palestinian family dispossessed by the Ateret Cohanim settler organization, with another 80+ families facing the same threat. Ateret Cohanim, in coordination with the state, has capitalized on Israel’s discriminatory laws which allow Jews to “reclaim” houses that they owned prior to 1948 (Palestinians have no such parallel right).

On August 5th, Israeli authorities demolished another home in Al-Bustan, where eight more homes face the same demolition threat.

Ir Amim writes:

“All legal remedies have been exhausted. As a result, over 20 more Palestinians stand to be displaced. Several additional homes could likewise be under impending threat. The increased risk of mass demolition in Al Bustan follows the demolition of the home of community leader and well-known activist, Fakhri Abu Diab, in February, which profoundly impacted the community and triggered extreme alarm among its residents. It is assumed that Abu Diab was deliberately targeted due to his work to secure a housing solution for the community and a cruel way for the authorities to instill fear in the rest of the neighborhood.

Demolitions of Palestinian homes have reached unparalleled levels since the outbreak of the war. Such practices constitute a form of collective punishment, retaliatory state violence, and part of a series of repressive measures currently being employed by Israel against Palestinians under its control. Since October 7, 160 homes have been destroyed in East Jerusalem alone, marking a two-fold monthly increase in demolitions compared to the period preceding the war. Between January 1-August 8, 2024, 113 homes have been demolished, representing a 75% increase compared to the same period last year.

The numbers are only liable to accelerate in light of the planned changes in the government ministry which presides over the National Enforcement Unit–one of the units responsible for carrying out demolitions in East Jerusalem. On July 24, the Knesset approved the transfer of the National Enforcement Unit from the Ministry of Finance to the Ministry of National Security, placing it under the direct authority of ultranationalist and far-right Minister Itamar Ben Gvir. The transfer of the unit was included in coalition agreements during the formation of the government last year. Over the past year and half, Ben Gvir has made numerous statements calling for the intensification of demolitions of Palestinian homes. Such a move is cause for extreme alarm and will directly impact areas of East Jerusalem.”

To read more about the multitudes of threats facing Palestinians in al-Bustan, see Ir Amim’s reporting.

IDF Partially Dismantled Giv’at Oz Zion Outpost

On August 6t the IDF dismantled 15 temporary buildings that compromised a new and expanded section of the illegal Giv’at Oz Zion outpost, which settlers built on privately owned Palestinian land north of Ramallah. The outpost, according to the Shin Bet, has been the source of violent terror. Prime Minister Netanyahu and Finance Minister Bezalel Smotrich (who oversees building enforcement in the West Bank) both approved this demolition at the request of the IDF Commander.

Just over a month ago the IDF clashed with settlers at the Oz Zion outpost when forces arrived to demolish the new section. The July demolition was reportedly ok’d by Prime Minister Netanyahu – going over the head of Bezalel Smotrich and the Settlement Administration, which has seized control of building enforcement in the West Bank. 

Settlers Stage Another Protest On Gaza Boundary

On August 12th, ~300 Israeli settlers held a protest near the Gaza barrier, continuing to promote their call to resettle the Gaza strip.  Specifically, the event was to be held near the entrance to the so-called Netzarim Corridor, a road and control zone that IDF cut into Gaza to severing the north and the south – destroying everything in its path and near it. In anticipation of the rally, the IDF expanded the closed zone around the Gaza barrier. The IDF told The Times of ISrael that it feared the event would be attacked by Palestinians, though Haaretz reports that the IDF anticipated the protestors trying to enter Gaza as they have done at previous protests. During the event itself the IDF escorted 100 protestors to the ANZAC memorial site close to the Netzarim junction.

One of the protestors told Haaretz:

“We requested entry to Netzarim Junction because it is a symbolic location with available land for settlement, a fitting Zionist response to our enemies,” she said. “We have over 600 families ready to move here. We can’t wait for the war to end, and it will also significantly support the war effort.”

The protest, organized in part by the Nahala settler group, was held on the Jewish holiday Tisha B’Av (which commemorating the dates on which two ancient temples in Jerusalem were destroyed) and featured prayer and a traditional reading of scripture. 

Regavim Files Lawsuit Against U.S. Government Over Settler Sanctions

The Israeli settler group Regavim “assembled a team of lawyers” (according to its newsletter) and filed a petition challenging sanctions imposed by the Biden Administration on Israeli settlers. The Christian Zionist group “Texas for Israel” filed the petition with the District Court of Northern Texas, arguing that the sanctions violate the rights of Americans because it prohibits citizens from providing financial support to designated individuals and entities, which the complainants say constitutes a violation of the rights to free speech and religion.

There is a growing international sanction regime targeting individual settlers and increasingly connected entities that are alleged to have participated in acts of violence in the West Bank. In July, reports began circulating that the European Union was/is considering sanctions against Regavim specifically. Fearing  sanctions, settlers and their allies in the government have mobilized a concerted effort to push back against the continued escalation of those sanctions – which to date have not touched Israeli government officials or major settler organizations other than Amana (which was sanctioned by the Canadian government only).

Canada Revoked JNF Tax Exemption

In addition to being the first state to issue sanctions on the Amana settler organization, Canada has also become the first state to revoke the tax exempt status of organizations – in this case the very prominent Canadian arm of the Jewish National Fund and the Ne’eman Foundation – because of its illegal activities in the West Bank. Haaretz reports that the revokation was prompted by complaints submitted to the government by Palestinian rights groups, alleging that the organizations finance illegal settlement construction.

Bonus Reads

1. “New Settlement, expanding outposts, represent wholesale attack on World Heritage Site of Land of Olives and Vines – Cultural Landscape of Southern Jerusalem, Battir” (Joint alert by Peace Now, Combatants for Peace, Emek Shaveh)
2. “While We Were at War: The Government’s Annexation Revolution in the West Bank Since October 7th” (Peace Now)
3. “Israel is redrawing the West Bank, cutting into a prospective Palestinian state” (Washington Post)
4. “Israel’s Top Court: IDF Must Protect Palestinians From West Bank Settlers, Even During War” (Haaretz)
5. “US leads international condemnations of Ben Gvir’s ‘provocations’ at Temple Mount” (The Times of Israel)
6. “What if the U.S. Doesn’t Veto Sanctions Against Israel? ‘It’s the End of the World,’ Says Legal Expert” (Haaretz)
7. “Which countries have sanctioned Israeli settlers – and does it mean much?” (Al-Jazeera)
8. “US to continue aid to Israeli military unit involved in Palestinian American’s death” (Middle East Eye)
9. “IDF says US activist shot by troops accidentally at West Bank anti-settlement rally” (The Times of Israel)
10. “Is the wall around the West Bank for protection or separation?” (Israel Hayom)

 

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.

October 22, 2021

1. Israel to Advance Plans for Nearly 3,000 Settlement Units & 1,300 Palestinian Homes in Area C
2. Israeli Supreme Court to Hold Hearing on Batan al-Hawa, Silwan Dispossession Cases Next Week; AG Declines Intervention
3. Israel Begins Construction on New Settlement in Downtown Hebron
4. Israel Advances “Silicon Wadi” Project in East Jerusalem
5. Recap: Israel Advances Settlement Plans Across Greater Jerusalem Area
6. Recap: Court Pushes for Palestinians to “Compromise” with Settlers in Sheikh Jarrah
7. New Report: State-Backed Settler “Tourism” Projects in East Jerusalem
8. Bonus Reads

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Israel to Advance Plans for Nearly 3,000 Settlement Units & 1,300 Palestinian Homes in Area C

The Israeli Civil Administration’s High Planning Council will convene next week — for the first time since Bennett and Biden took over leadership in Israel and the U.S., respectively —  to advance the construction of 2,862 new settlement units (of which 1,231 will be eligible to receive final approval). These plans include the retroactive legalization of two unauthorized outposts (Mitzpe Danny and Haroeh Haivri), which should be properly understood as the creation of two new settlements.

In addition, reports suggest that Israel will also advance plans for 1,303 Palestinian homes in Area C – about half of which, importantly, are already built. A majority of these units have been awaiting Israeli approval for many, many years. If approved, the permits under consideration next week for Palestinians will be the first of any significant quantity issued by Israel since, at least, 2009 (data from before this period has not been released by the Israeli government). Between 2009 and 2018, Israel issued a total of 98 building permits to Palestinians according to data released by the Israeli government in response to a freedom of information request submitted by Bimkom.

As a reminder, Area C is the 60% of the West Bank over which Israel enjoys absolute authority. For years Israel has systematically denied Palestinians the right to build on land in Area C that even Israel recognizes is privately owned by them, At the same time, it has continuously promoted the expansion of settlements and unauthorized outposts, while systematically demolishing Palestinian private construction. In terms of numbers: between 2016 to 2018, Israel issued only 21 building permits to Palestinians in Area C, while issuing 2,147 demolition orders against Palestinians during.

Commenting on the Planning Council agenda’s Peace Now observed:

“The approval of a handful of plans for the Palestinians is only  a fig leaf intended to try to reduce criticism of the government. For years, Israel has pursued a policy of blatant discrimination that does not allow almost any construction for Palestinians in Area C, while in the settlements it encourages and promotes the construction of thousands of housing units each year for Israelis. The approval of a few hundred housing units for Palestinians can not cover up discrimination and does not change the fact that Israel maintains an illegal regime of occupation and discrimination in the territories.”

It is worth noting that many of the settlement units and Palestinian permits on next week’s agenda were expected to have been advanced earlier this year, in August 2021, but the High Planning Council never convened to do so. 

Below are lists of settlement plans expected to be given final approval and plans expected to be advanced next week (italicized plans represent those which appear to have been added to the slate of plans that were expected to be advanced in August 2021).

Settlement plans expected to be granted final approval include:

• 629 units, including the retroactive legalization of 61 units, in the Eli settlement  – located south of Nablus and southeast of the Ariel settlement in the central West Bank. Though the Eli settlement previously received Israeli government approval, a “Master Plan” – which officially zones land for distinct purposes (residential, commercial, public) –  has never been issued for Eli, meaning all construction there is illegal under Israeli law;
• 286 units in the Har Bracha settlement, located south of Nablus. If implemented, these new units will double the size of Har Bracha;
• 224 units in the Talmon settlement, located west of Ramallah;
• 146 units in the Kfar Etzion settlement, located between Bethlehem and Hebron and on the Israeli side of the planned route of the barrier (which is not yet built in this area);
• 110 units in the Alon Shvut settlement, located just north of the Kfar Etzion settlement and between Bethlehem and Hebron;
• 82 units in the Karnei Shomron settlement, located in the northern West Bank, east of the Palestinian village of Qalqilya. Israel has openly declared its intention to continue expanding settlements in this area with the stated goal of bringing 1 million settlers to live in the area.;
• 52 units in the Beit El settlement, located in the heart of the northern West Bank [as a reminder, former US Ambassador to Israel David Friedman has deep ties to the Beit El settlement]; Construction on 350 new units in Beit El began earlier this year;
• 42 units in the Givat Zeev settlement, located south of Ramallah in an area that is on the Israeli side of the barrier;
• 24 units in the Haroeh Haivri outpost, a plan that will effectively grant retroactive legalization to this outpost. The Haroeh Haivri outpost is located just east of Jerusalem, within eyesight of the Khan al-Ahmar community, which Israel is threatening to demolish (forcibly relocating the Palestinian bedouin community that has lived there since the 1950s) — ostensibly because the structures in Khan al Ahmar were built without necessary Israeli approvals. The Haroah Haivri outpost was also built without the necessary Israeli approvals, but instead of demolishing the construction, Israel is moving to retroactively legalize it — demonstrating once again that, when it comes to administering the occupation, Israel prefers “rule by law” – where law is turned into a tool to elevate the rights/interests of one party over another, over the democratic rule of law.;
• 14 units in the Ma’aleh Mikhmash settlement, a plan that will effectively grant retroactive legalization to one of Ma’aleh Mikhmash’s outposts – – Mitzpe Danny;
• 10 units in the Barkan settlement, located about half way between the Ariel settlement and the cluster of settlements slated to be united into a “super settlement” area (Oranit, Elkana, Shiva Tikva, and others);
• 5 units in the Shima’a settlement, located in the southern tip of the West Bank;
• 7 units in the Peduel settlement, located in the northern West Bank and part of a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line into the very heart of the West Bank and on towards the Jordan Valley.

Settlement plans expected to be approved for deposit (an earlier stage in the planning process) include:

• 399 units in the Revava settlement, located just east of the Barkan settlement and west of the Ariel settlement, in a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line into the very heart of the West Bank and on towards the Jordan Valley.
• 380 units in the Kedumim settlement, located just east of Nablus. Israeli MK Bezalel Smotrich lives in the Kedumim settlement on a section of land in the settlement that has been found to be privately owned by Palestinians.;
• 100 units in the Elon Moreh settlement, located east of Nablus (for background on the significance of the Elon Moreh settlement, please see here);
• 100 units in the Sansana settlement, located on the southern tip of the West Bank on the Israeli side of the separation barrier;
• 73 units in the Givat Zeev settlement, which is also expected to receive final approval for 42 units. Givat Zeev is located south of Ramallah in an area that is on the Israeli side of the barrier;
• 68 units in the Tene settlement, located on the southern tip of the West Bank;
• 45 units in the Vered Yericho settlement, located just west of the Palestinian city of Jericho in the Jordan Valley;
• 27 units in the Karnei Shomron settlement, which is also expected to receive final approval for 82 units. Karnei Shomron is located in the northern West Bank, east of the Palestinian village of Qalqilya. Israel has openly declared its intention to continue expanding settlements in this area with the stated goal of bringing 1 million settlers to live in the area.;
• 18 units in the Alon Shvut settlement, which is also expected to receive final approval for 110 units. Alon Shvut is located just north of the Kfar Etzion settlement and between Bethlehem and Hebron;
• 10 units in the Tal Menashe settlement, located located on the tip of the northern West Bank, inside the “seam zone” between the 1967 Green Line and the Israel separation barrier, which was constructed along a route designed to keep as many settlements and as much adjacent land as possible on the Israeli side of the wall/fence.
• 7 units in the Hermesh settlement, located in the northern West Bank; 
• 4 units in the Efrat settlement, located south of Bethlehem, inside a settlement block that cuts deep into the West Bank. Efrat’s location and the route of the barrier wall around it, have literally severed the route of Highway 60 south of Bethlehem, cutting off Bethlehem and Jerusalem from the southern West Bank. The economic, political, and social impacts of the closure of Highway 60 at the Efrat settlement (there is literally a wall built across the highway) have been severe for the Palestinian population.

Peace Now reports that the Planning Council will also consider advancing the following plans for Palestinian homes:

• 270 houses in the Bir al-Bash village, located south of Jenin in the northern West Bank;
• 270 houses in the Al-Ma’asara village, located south of Bethlehem; 
• 233 houses in the the Almasqufa village, located near Tulkarem in the northern West Bank;
• 200 houses in the Dkeika village in the South Hebron Hills;
• 170 houses in the Khirbet Abdallah Younas village, located in the Jenin area;
• 160 houses in the Abba a-Sharqiya village, also located south of Jenin in the northern West Bank; 

Israeli Supreme Court to Hold Hearing on Batan al-Hawa, Silwan Dispossession Cases Next Week; AG Declines Intervention

On October 25th, the Israeli Supreme Court is scheduled to hold an important hearing on the case of the Palestinian Duweik family which  is under threat of being dispossessed of their longtime home in the Batan al-Hawa section of the Silwan neighborhood in East Jerusalem by the Ateret Cohanim settler organization. 

In advance of that hearing – and after repeated extensions on a Court-ordered deadline – the Israeli Attorney General finally submitted his position on the case to the Court. The document submitted by the Attorney General was only 1 page, and simply stated that the case does not merit intervention either on the specific case of the Duweik family or regarding the wider legal principle at stake, which threatens an additional  85 families living under threat of eviction in Batan al-Hawa.

Ir Amim writes:

“Among the 85 families facing eviction, the Duweik family case is the first to reach the Supreme Court level, and its outcome will inevitably set a precedent, significantly impacting the rest of the cases in the neighborhood…As in the eviction cases in Sheikh Jarrah, the Attorney General and by extension, the government, was given a rare opportunity to take a moral stand by providing a legal opinion and policy position to help prevent the mass displacement of these families. Yet, at this point, the Attorney General’s response appears to imply that he has declined to intervene. Now, the decision concerning the fate of these families seems to lie solely in the hands of the Supreme Court. The rights of Palestinians to housing and shelter and the right to family and community life are fundamental and must be upheld. The same discriminatory legal system, which led to the confiscation of these families’ original homes in 1948, is now being exploited 73 years later to displace them for a second time from their current homes in which they have lived for decades. The Supreme Court has the power to make a principled and just decision to uphold the rights of these families to remain safely in their homes, free from the constant threat of being forcibly uprooted and driven from their homes and communities.”

Peace Now said in response to the AG’s decision to not intervene:

“The Attorney General’s response actually says that for the Israeli government, there is no problem to kick hundreds of residents out from their homes, on the basis of a discriminatory law, in favor of a settlement. The government was given an opportunity here to try to prevent moral injustice and political folly, but instead of taking a stand, it chose to remain on the sidelines, as if Silwan’s story, like that of Sheikh Jarrah, was a legal matter and not a political one.”

In July 2021, Peace Now assembled a coalition of Israeli lawyers to submit an amicus brief to the Court regarding the Duweik case. Peace Now summarizes:

“The brief addresses an approach that has emerged in international jurisprudence on human rights law which puts an emphasis on group vulnerability of occupants facing eviction and institutional, systemic discrimination against them. Where these are present, in certain circumstances, the occupants’ rights, stemming from the human right to housing and specifically, to live in their home and their family’s home – trump the right of the original owner or their substitute to regain possession of the property.

The brief reaches the conclusion that in the Duweik case, the occupants’ property rights and their right to housing supersede the right of the settlers acting on behalf of the pre-1948 original owners to receive possession of the property, based on the following:

1 – The fact that Palestinian residents of East Jerusalem are underprivileged, vulnerable and subjected to discrimination in every aspect of life, and particularly the fact that Israeli law on the restitution of property that changed hands due to wars, openly and deliberately discriminates against them;

2 – The fact that the family entered the property in good faith and/or in accordance with the law applicable at the time, and has developed a legitimate expectation to continue residing in it permanently and without interruption;

3 – The imbalance between the devastating harm the family would suffer and the minor damage the Benvenisti charitable endowment (represented by the settlers), which claims ownership of the property, would sustain, which clearly tips the scales in favor of the family.

In other words, according to the brief, even if the court finds the settlers do, in fact, have ownership, they are not necessarily entitled to remedy in the form of the families’ eviction from their homes, but rather to compensation from the state.”

Israel Begins Construction on New Settlement in Downtown Hebron

Peace Now reports that construction has begun on 31 new settlement units at the site of an old bus station previously repurposed as an IDF base, located  in the heart of the Old City of Hebron on the infamous Shuhada street. This is a new settler enclave in the city and is, in effect, a new urban settlement, disconnected from already existing settlements in the city. It will be the first new settlement construction approved in downtown Hebron – where Palestinians already live under apartheid conditions – since 2002.

Peace Now said in a statement:

“The government is acting like an annexation government, not as a change government. Since the 1980s, no government has dared to build a new settlement in the heart of the largest Palestinian city in the West Bank, with the exception of one building built under the auspices of the second intifada in 2001. The Defense Minister has to stop construction, even if the plan was approved by the previous government. The settlement in Hebron is the ugly face of Israeli control of the territories. The moral and political price of having a settlement in Hebron is unbearable.”

As a reminder: in October 2017, the Israeli Civil Administration approved a building permit for the 31 units, on the condition that the Palestinian municipality of Hebron and others would have the opportunity to file objections to the plan. Soon after, two appeals were filed with the Defense Ministry: one by the Palestinian municipality of Hebron and one by the Israeli settlement watchdog Peace Now. The legal objections were based on the legally questionable process by which Israel made land in downtown Hebron available for settlement construction. Located in the Israeli-controlled H-2 area of Hebron (where 500 Israeli settlers live amongst 40,000 Palestinians), Israel seized the land in the 1980s from the Hebron Municipality, for military purposes. In 2007, the Civil Administration’s Legal Advisor issued an opinion stating that once Israel is done using the land for military purposes, it must be returned to the Hebron Municipality, which has protected tenancy rights to the land. Nonetheless, in 2015, the Israeli Civil Administration, with the consent of the Minister of Defense, quietly authorized the Housing Ministry to plan the area for Israeli settlement use, paving the way for that same ministry to subsequently present the plan for the 31 units.

In October 2018, with the legal challenges still pending, the Israeli Cabinet voted to expedite the planning of the new settlement and allocated approximately $6.1 million (NIS 22 million) for the project, which will require Israel to significantly renovate the bus station/military base in order to build the 31 new settlement housing units, as well as a kindergarten, and “public areas” for the new settler residents.  Peace Now explains: 

“The approval of the building permit in the heart of Hebron is an extraordinary move not only because it is a new settlement in Hebron for the first time since 2001, but because it indicates a significant change in Israeli legal interpretation of what is allowed and forbidden in occupied territory. The area in question was owned by Jews before 1948, and it was leased by the Jordanian government in protected tenancy to the Hebron municipality for the purpose of establishing the central bus station. Since 1967, the Israeli authorities managed the land and continued the lease to the Hebron municipality, until in the 1980s when the area was seized for military purposes, the bus station was closed and a military base was established there. A legal opinion of the Judea and Samaria Attorney General on the issue in 2007 emphatically stated that by law the municipality’s protected lease must not be revoked.”

Israel Advances “Silicon Wadi” Project in East Jerusalem

On October 13th, the Jerusalem Local Planning Committee met to initiate the planning process for the “Silicon Wadi” project, which was initiated by the Jerusalem Municipality and outlines plans to build a large industrial zone for hi-tech, commercial, and hospitality businesses in the heart of East Jerusalem’s Wadi Joz neighborhood. The project requires the demolition of some 200 Palestinian-owned businesses that currently operate in the area; dozens of demolition notices for which were issued in November 2020.

Ir Amim writes:

“Beyond the devastating impact of widespread demolitions of existing businesses and structures, the plan also raises concerns that the Israeli authorities will exploit the planning procedures to locate alleged Palestinian absentee properties and transfer lands into the hands of the State. It should also be noted that while Israel focuses on bolstering employment and economic activity in East Jerusalem, it simultaneously continues to suppress residential development in Palestinian neighborhoods. As with nearly all outline plans advanced in East Jerusalem in recent years, the Wadi Joz business park plan only allocates a marginal amount for residential use, which hardly meets the acute housing needs of the Palestinian population. Rather than undertaking measures to rectify the housing crisis, these plans only exacerbate the current situation and perpetuate the residential planning stranglehold, which ultimately serves to push Palestinians out of the city.”

Recap: Israel Advances Settlement Plans Across Greater Jerusalem Area

Over the past two weeks, the government of Israel has advanced four highly controversial and politically consequential settlement plans in the Greater Jerusalem area:

1. The Givat Hamatos Settlement: On October 13th, the Jerusalem Local Planning Committee approved the expropriation of lands designated for public use in the Givat Hamatos area for the construction of roads, public buildings and the development of open space for the planned new settlement/neighborhood. For more on the Givat Hamatos settlement plan, please see here.
   

   Map by Haaretz

2. The E-1 Settlement: The Israel Civil Administration moved forward with advancing plans for the construction of the E-1 settlement, setting a date for a third hearing to discuss public objections to the plan (now set for November 8th). The first hearing was held on October 4th, but Palestinians were denied the ability to participate in that hearing (which was held virtually, making it inaccessible to the many Palestinians affected by the plan who do not have internet access). As a result, the Court scheduled this 3rd hearing (to allow the participation of Palestinians). The second hearing was held on October 18th; at that hearing three objections were presented (one by the Palestinian village of Anata, a second by the Palestinian village of Al-Azariya, and a third joint submission filed by Ir Amim and Peace Now). Ir Amim reports that there was no substantive discussion of these objections, with the Civil Administration panel offering no questions or comments on them. For more on the E-1 settlement plan, please see Terrestrial Jeruaslem’s excellent and thorough reporting.
3. The Atarot Settlement: The Jerusalem District Planning Committee formally signaled that it will proceed with a hearing on the Atarot settlement plan – scheduled for December 6th – to build a huge new settlement on the site of the former Qalandiya airport (located at the northern tip of East 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 a small 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.
4. The Pisgat Ze’ev Settlement: The Israeli government advanced plans for 470 new settlement units in Pisgat Ze’ev, the largest settlement located in East Jerusalem.

Recap: Court Pushes for Palestinians to “Compromise” with Settlers in Sheikh Jarrah

The Israeli Supreme Court has set November 2nd as the deadline for Palestinian families living at risk of forced displacement in Shiekh Jarrah to decide wether or not to accept a Court-authored deal which would help them – at least temporarily – avoid eviction from their homes, in part by requiring them to recognize settler ownership over the properties.

Under the terms of the Court’s deal, which it is pressuring both parties to accept, the following would take place:

• The settler group Nahalat Shimon will be recognized as the owners of the site.
• The Palestinians will be recognized as protected tenants and be required to pay an nominal annual rental fee to the attorney of the settlers (in effect recognizing the settlers as the owners) but 
  • The Palestinians will be able to continue pursuing legal challenges to the underlying ownership of the land
  • The Palestinians are permitted to renovate the properties without interference
• Settlers will be able to instigate eviction proceedings against Palestinians if they are in violation of the Court’s compromise agreement or in violation of Israel’s tenancy laws.

Terrestrial Jerusalem writes:

“The most problematic element of the settlement relates to the settlers’ ability to institute evictions even if the residents are not in violation of the agreement or of the tenancy laws. The settlers will be entitled to institute such proceedings in the event that the ownership rights are conclusively awarded to them, or after 15 years, the earlier of the two. This can be done if the settlers either wish to personally use the property or to demolish and rebuild. Under these circumstances, the settlers will need to offer the residents alternative equivalent quarters. Palestinian residents might hope settlers reject the deal to avoid having to make an ‘excruciatingly painful decision.’”

According to Terrestrial Jerusalem, the Court has signaled that further negotiations are acceptable, but that if either party rejects the agreement a decision on the eviction cases will be handed down swiftly.

New Report: State-Backed Settler “Tourism” Projects in East Jerusalem

In a new report entitled, “The Valley of Hinnom: Trees and Flowerbeds in the Political Struggle over East Jerusalem,” the Israeli NGO Emek Shaveh surveys the multitude of recent “tourism” projects jointly undertaken by the Elad settler organization and the Israeli government in the Ben Hinnom Valley — a strategic area between East and West Jerusalem (stretching past the 1967 Green Line), and located within the area designated by Israel as the Jerusalem “Walls National Park”.

Emek Shaveh writes:

“The nature of the tourism-settlement activity in the Valley of Hinnom conducted jointly by Elad and government authorities is familiar to us from the City of David/Silwan.  The series of joint ventures such as the café, the Center for Ancient Agriculture and the cable car in effect hand over large expanses of land to the settlers of the Elad Foundation under the guise of tourism.  Although unlike Silwan, the valley is sparsely populated, the activity there must be viewed as an integral part of the struggle for the Old City Basin of Jerusalem and as a means to clear this highly strategic area from the presence of Palestinians.”

In conclusion, we wish to emphasize the following points:

1 – Development in East Jerusalem is almost always driven by political objectives.  Recent developments in the Valley of Hinnom are part of the grand plan to change the character and the landscape of the Old City Basin and ought to be considered an integral component of the settlement enterprise in the Palestinian neighborhoods surrounding the Old City.

2 – Halting the destructive development schemes in the areas surrounding the Old City is vital in order to preserve Jerusalem as a multicultural historic city and is indirectly essential for safeguarding the status quo at the holy places.

3 – The Palestinian protests against the expansion of the settlers’ grip over the open spaces such as the Hinnom Valley is part of the struggle by the residents of Silwan and the surrounding neighborhoods to preserve the character of their neighborhoods.  In our view, one ought to view the various activities by the settlers and the authorities in the Historic Basin such as the expulsion of residents from their homes, taking over land and the shaping of a historic narrative as part of the same general bid to cement their control over the Historic Basin.”

Bonus Reads

1. “[PODCAST] The Occupation & the Biden Administration” (FMEP ft. Danny Seidemann and Yehuda Shaul with Lara Friedman and Khaled Elgindy)
2. “How offshore accounts turned the British Virgin Islands into an east Jerusalem landlord” (JTA)
3. “Beita residents reach lands for first time since settler takeover” (Al Jazeera)
4. “After Years of Neighborly Relations, Settlers Try to Foil Recognition of Palestinian Hamlet” (Haaretz)
5. “Palestinian protests turn deadly as Israel considers the future of a new settlement” (NPR)
6. “These Palestinian Families Face Eviction From Their East Jerusalem Homes” (Haaretz)
7. “When Settler Becomes Native” (Jewish Currents)

 

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.

August 13, 2021

1. The First Bennett/Biden Settlement Wave, Part 1: Israel Set to Advance 2,259 Settlement Units
2. The First Bennett/Biden Settlement Wave, Part 2:  Israel Announces Intention to Issue 863 Building Permits for Palestinians in Area C
3. The First Bennett/Biden Settlement Wave, Part 3: Observations on Settlement Policy Coordination Between Governments
4. Jerusalem District Court Orders 16 Homes to Be Demolished While Delaying – for 6 months – Demolition of Others in Silwan
5. Israel Begins Work on Settler-Back Project at the Ibrahimi Mosque/Tomb of the Patriarchs
6. Atarot Settlement Plan to Be Discussed on December 6th
7. Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

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The First Bennett/Biden Settlement Wave, Part 1: Israel Set to Advance 2,259 Settlement Units

On August 12th, Israeli Defense Minister Benny Gantz announced that the High Planning Council will convene on August 18th to advance 2,259 new settlement units, as part of projects across the West Bank. Of these, 908 units are slated to receive final approval, including many units in areas beyond Israel’s security barrier. This will be the first time that the High Planning Council (HPC) has convened in 10 months, and it will be the first time a large number of settlement units has been advanced since Biden entered the White House. As a reminder, the HPC is a body within the Israeli Civil Administration (which is a part of the Israeli Ministry of Defense) that has authority over construction planning and approvals for both settlers and Palestinians in the West Bank (the HPC does not have authority with respect to settlement construction in East Jerusalem; since Israel annexed the area in 1967, Israeli domestic Israeli planning authorities are in charge there). 

The plans expected to receive final approval include:

• 286 units in the Har Bracha settlement, located south of Nablus. If implemented, these new units will double the size of Har Bracha;
• 146 units in the Kfar Etzion settlement, located between Bethlehem and Hebron and on the Israeli side of the planned route of the barrier (which is not yet built in this area);
• 110 units in the Alon Shvut settlement, located just north of the Kfar Etzion settlement and between Bethlehem and Hebron;
• 82 units in the Karnei Shomron settlement, located in the northern West Bank, east of the Palestinian village of Qalqilya. Israel has openly declared its intention to continue expanding settlements in this area with the stated goal of bringing 1 million settlers to live in the area.;
• 52 units in the Beit El settlement, located in the heart of the northern West Bank [as a reminder, former US Ambassador to Israel David Friedman has deep ties to the Beit El settlement]; Construction on 350 new units in Beit El began earlier this year;
• 42 units in the Givat Zeev settlement, located south of Ramallah in an area that. is on the Israeli side of the barrier;
• 14 units in the Ma’aleh Mikhmash settlement, located east of Ramallah;
• 10 units in the Barkan settlement, located about half way between the Ariel settlement and the cluster of settlements slated to be united into a “super settlement” area (Oranit, Elkana, Shiva Tikva, and others).;

Peace Now said: 

“The approval of thousands of housing units in the settlements harms the Israeli interest and the chances of reaching peace. It seems that the approval of a handful of plans for the Palestinians is only intended to try to reduce criticism of the government and to please the US administration ahead of Prime Minister Bennett’s expected visit to Washington in the coming weeks. For years, Israel has pursued a policy of blatant discrimination that does not allow almost any construction for Palestinians in Area C, while in the settlements it encourages and promotes the construction of thousands of housing units each year for Israelis. The approval of a few hundred housing units for Palestinians can not cover up discrimination and does not change the fact that Israel maintains an illegal regime of occupation and discrimination in the territories.”

The First Bennett/Biden Settlement Wave, Part 2:  Israel Announces Intention to Issue 863 Building Permits for Palestinians in Area C

In announcing plans to advance over 2,000 new settlement units, Defense Minister Gantz also announced his intention to issue permits for 863 houses – some of which will be issued for existing structures – for Palestinians living in Area C. Haaretz reports that the permits are being advanced in order to buy the consent of the few members of the Israeli governing coalition that oppose settlement construction, and as “calculated risk” with respect to the Biden administration.

As a reminder, Area C is the 60% of the West Bank where Israel enjoys absolute authority and has systematically denied Palestinian building rights, while promoting the expansion of settlements and unauthorized outposts.  If issued, these permits for Palestinians will be the first issued by Israel in years, and the first of any significant size. Only 21 building permits were issued to Palestinians between 2016 to 2018, while 2,147 demolition orders were issued in the same period. 

Commenting on the announcement of the planned permits (which, given past experience, there is no reason to assume will ever be issued) Peace Now said:

“It is a very small expansion of the Palestinian villages and a drop in the ocean in terms of real Palestinian development needs.”

Peace Now reports that these permits, if they are ever issued, might be for:

• 270 houses in the Bir al-Bash village, located south of Jenin in the northern West Bank;
• 233 houses in the the Almasqufa village, located near Tulkarem in the norhtern West Bank;
• 160 houses in the Abba a-Sharqiya village, also located south of Jenin in the northern West Bank; 
• 150 houses in the Al-Ma’asara village, located south of Bethlehem; and,
• 50 houses in the Khirbet Zakariya, also located south of Bethlehem.

The First Bennett/Biden Settlement Wave, Part 3: Observations on Settlement Policy Coordination Between Governments

In reporting over the past week, Axios journalist Barak Ravid has documented the efforts by the Israeli and U.S. governments to square conflicting positions with regards to settlement growth.  

On the U.S. side, the Biden Administration has appeared to take pains to make room in its official discourse to begrudgingly tolerate settlement construction. While the U.S. has criticized the new batch of settlement advancements, until this week the U.S. had reportedly identified three actions it has asked Israel to refrain from, notably not including settlement expansion. Those three actions are: the demolition of Palestinian homes, the eviction of Palestinians from their homes, and the establishment of new outposts in the West Bank. The U.S. is also reportedly asking Israel to take positive steps to stabilize the Palestinian Authority, which is suffering from economic shortfalls and crashing levels of popular support. 

For it’s part, Israeli press suggests that the Bennett government reduced the number of upcoming settlement advancements in order to appease the Biden Administration. The Israelis wanted to advance 3,623 plans, but announced a total of 2,259 (a 39% cut according to Jerusalem Post). Axios also reports that the Israeli government is assertively framing its settlement policy as one of restraint, prioritizing settlement projects that address the supposed “natural growth” needs of existing settlements. 

“Natural growth” has been used many times in the past by the Israeli government as an argument for why settlements must be allowed to expand. FMEP’s Lara Friedman has debunked this argument many times in the past, explaining:

“While ‘natural growth’ has no formal definition, it has generally been used in the settler context to mean population growth due to births, as contrasted to growth due to immigration from Israel or other places. But in numerical terms (according to Israeli official statistics), taking into account deaths and people migrating out of settlements, births inside the settlements account for approximately 60% of the annual population growth in settlements, while around 40% is immigration from inside Israel or abroad. So clearly population growth in settlements is not simply a matter of births.  Perhaps this is why some excuse-makers have expanded ‘natural growth’ to include other ways that families can grow, from non-settler spouses to aged non-settler relatives moving in.

“Regardless of what definition people want to use, the fact is that ‘natural growth’ is not a legitimate argument against a complete freeze in settlement construction. Yes, settlers, like people everywhere, indeed have the right to have babies, and yes, their children indeed have the right to grow up and have families and homes of their own. But nowhere in the world – not in New York, or Paris, or Tel Aviv – do people have an inalienable right to live exactly where they want – in the size home they want, in the neighborhood they want – irrespective of real estate market factors, or any political, economic, zoning, or other considerations that may come into play (including in this case, considerations about actual land ownership). Inside Israel, just like in other countries, people regularly face difficult decisions about where to live, given that major cities like Tel Aviv and Jerusalem are crowded and little affordable housing is available.

“Settlers have the right to have babies and to take in their parents or grandparents. When settler children grow up they have the right to start families and have homes of their own. But the settlers must do what people everywhere must do: reconcile their needs as best as possible to the housing market, which is affected not only by demand but by a myriad of other variables – including, in this case, the fact that settlers have knowingly and voluntarily chosen to make their lives on land that is the subject of a political dispute of global proportions.”

Axios quotes an Israeli government official saying:

“The Biden administration knows we are going to build. We know they don’t like it, and both sides don’t want to reach a confrontation around this issue.”

An Israeli government source summarized the dance going on between the respective governments by saying:

“[The U.S.] will express opposition to this move, but everyone wants this impossible coalition in Israel to hold out… It was clear for Bennett he would not have been able to advance this move after his meeting with [U.S. President Joe] Biden at the end of the month, so as not to damage their relations, and that’s why he had to announce it as early as he did.

Jerusalem District Court Orders 16 Homes to Be Demolished While Delaying – for 6 months – Demolition of Others in Silwan

On August 12th, a Jerusalem Court granted a six-month freeze on demolition orders affecting dozens of Palestinian homes in the al-Bustan section in the Silwan neighborhood of East Jerusalem. At the same time, the Court cleared the way for the immediate demolition of 16 Palestinian homes in the same area.

A lawyer representing the Palestinians involved in these demolition cases said his clients intend to file for permits for the structures, which were built on land that Palestinians assert they own. Israel argues that the land is public land. 

Israel Begins Work on Settler-Back Project at the Ibrahimi Mosque/Tomb of the Patriarchs

This week, an Israeli crew began construction on a new elevator leading to the Ibrahimi Mosque/Tomb of the Patriarchs in Hebron, arguably one of the most sensitive religious sites outside of Jerusalem. The project to install accessible infrastructure at the site has been backed and pushed by settlers for over two decades and provides a means by which the State of Israel has increased its control over the site. The project is roundly opposed by Palestinians along with archaeologists and other experts. The Israeli archeology group Emek Shaveh explains its opposition:

“We claim that while the plan is couched in terms of concern for the disabled and elderly worshippers, in actual fact it is unilaterally advancing changes to a site mired in deep political controversy…The size and characteristics of the structure demonstrate that at issue is not simply a lift for persons with disabilities, but a significant change to the compound.  The lift will constitute a change in the status quo and a strengthening of the settlers’ control of the holy site.  Ignoring the fact that the site falls under the auspices of the Hebron Municipality is evidence that Israel is further reneging on its commitments to agreements signed in the past with Palestinians.”

Atarot Settlement Plan to Be Discussed on December 6th

As expected, the Jerusalem District Planning and Building Committee has set a date – December 6th – for the advancement of the Atarot settlement plan. This plan would allow for the construction of 9,000 settlement units, to be built on the site of the former Qalandiya airport (located at the northern tip of East Jerusalem). 

The Atarot settlement plan dates back to 2007. It was pursued by the Israeli government in 2012 but shelved under pressure from the Obama administration. The plan came back into consideration in April 2017 (a few months following the inauguration of President Trump) when it was rumored to be included on Netanyahu’s master blueprint of settlements for which he was seeking U.S. approval. In February 2020, following the publication of the Trump Plan – which designated the area that would be used for the settlement as a “special tourist zone” for Palestinians –  the Atarot settlement plan was formally introduced. In January 2021 then-Prime Minister Netanyahu dangled the advancement of the plan as an incentive for parties to join his flagging coalition in order to remain in power. 

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 a small Israeli city surrounded by Palestinian East Jerusalem neighborhoods on three sides and Ramallah to its north.

There are currently 15 Palestinian families living in buildings on the land slated for the settlement, part of which is privately owned by Palestinians. Other land in the area has been declared “state land” by Israel or belongs to the Jewish National Fund. To solve the problem of Palestinian land owners, the Israeli government will need to evict the Palestinians living there and demolish their homes — a step that will be facilitated by the fact that all of the homes lack Israeli-issued building permits (which are essentially impossible for Palestinians to receive). The private Palestinian landowners will then be subjected to a non-consensual process of “reparcelization,” in which Israel will unilaterally reparcel and then redistribute the land amongst its owners on the basis of the value of the land (as determined by Israel) and the percentage of their ownership claim.

 The Atarot airport site is an important commodity and, during past negotiations, it was promised to the Palestinians for their state’s future international gateway. Israeli development of the site as a settlement would — by design — not only deprive a future Palestinian state of the only airport in a Palestinian area, but also dismember Palestinian neighborhoods in the northern part of the Jerusalem, and sever East Jerusalem from a Palestinian state on this northern flank of the city (acting like E-1 on Jerusalem’s northeast flank, and like Givat Hamatos on Jerusalem’s southern flank).

Bonus Reads

1. “Case Study: How a Settler Law-Breaker Became the #2 Official in Israel’s Ministry of the Interior” (FMEP // Lara Friedman w/ Dror Etkes)
2. “Senior Israeli Official’s Appointment Approved Despite Demolition Order for His Settlement Home” (Haaretz)
3. “In Sheikh Jarrah, anonymous actors and an absent state have created a powder keg” (The Times of Israel)
4. “The Fight for Palestine’s Sheikh Jarrah Isn’t Over” (Jacobin)
5. “ICC Mulls Probing Israel Over Razing Palestinian Homes in Jordan Valley” (Haaretz)
6. “81 Palestinian homes demolished by Israel in East Jerusalem in 2021” (Middle East Monitor)
7. “Jewish claim of land ownership in occupied East Jerusalem neighborhood displaces five Palestinian families” (WAFA)

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

Comments or questions – email Kristin McCarthy (kmccarthy@fmep.org).

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Fuel on the Fire: Netanyahu Advances E-1 Settlement Plans

On February 26th, the High Planning Council of the Israeli Civil Administration deposited for public review two separate plans (for a combined total of 3,401 units) for the construction of the infamous E-1 settlement. This move sets in motion a 60-day public commenting period, after which the committee can grant final approval for construction. Long called a “doomsday” settlement by supporters of a two-state solution, construction of the E-1 settlement would sever the West Bank effectively in half,  foreclosing the possibility of drawing a border between Israel and Palestine in a manner which preserves territorial contiguity between the northern and southern parts of the West Bank. It would likewise consolidate the isolation of Palestinian neighborhoods in East Jerusalem from the West Bank. In combination with the recent advancements on Givat Hamatos and new tenders for Har Homa,  Prime Minister Netanyahu’s Greater Jerusalem settlement construction announcements – leading up to the third round of Israeli elections – have crossed red lines (in the eyes of the international community) that Netanyahu didn’t dare cross in the past.

The day before the High Planning Committee’s decision to deposit the plans, Netanyahu announced that he had lifted the freeze on E-1 that his government has imposed since 2012. Though the plans were approved for deposit in 2012, the administrative act of actually depositing the plans (which requires the plans to be published in at least three newspapers to inform the public) never occurred, largely as a result of intense international opposition to E-1. Under the recently released Trump Plan, the area where E-1 is located is slated to become part of Israel, meaning the long-held U.S. opposition to E-1 has transformed into apparent support.

Peace Now explains important context to Netanyahu’s flood of East Jerusalem settlement approvals:

“This move to promote settlement units in E1 should be understood in the context of government actions to promote settlement construction in Givat Hamatos and Har Homa to sever the Bethlehem-Jerusalem continuum, and the early promotion of a plan to turn the decommissioned Atarot Airport into a new Jerusalem settlement that would work toward severing the Ramallah-Jerusalem continuum. With E1 added to the mix, the pattern of severing the East Jerusalem and the West Bank is a clear policy direction of this government. While this announcement may be connected to the upcoming election, Netanyahu should be taken at his word and his comments should not be written off as campaign bluster. Indeed just this week he fulfilled a promise he made the week prior to publish tenders in Givat HaMatos, another area that was seen as a red line by the international community. It is likely that if moving on E1 is not met with deterring action domestically or abroad then it will further encourage settlement activity, seeing as E1 is the most recognized red line on settlement construction. The US, which has traditionally played a large role in deterring activity in E1, will likely not do so now with its current administration. Indeed, the Trump Plan envisions E1 as part of Israel, and allows for Israeli annexation pending coordination with the US and not negotiations with the Palestinians.”

Ir Amim adds:

“Although these advancements have taken place against the backdrop of the upcoming Israeli elections, they should also be seen as an alarm bell in the context of a new reality which has been created with the publication of the US Peace Plan. Carte blanche has essentially been given to Netanyahu and the Israeli government to further carry out unilateral measures in the Jerusalem area with little to no resistance. An acute exemplification of this major shift is the spate of new settlement plans (Atarot, Har Homa E, Givat Hamatos) being advanced over the Green Line in East Jerusalem, and now within the E1 area. After years of restraint due to international opposition, Israel is now set to advance construction in some of the most controversial areas in Jerusalem and along its perimeter. The realization of these plans will serve as an immense obstacle towards the future establishment of a Palestinian capital in the city and the prospect of a negotiated agreement based on a viable two-state framework.”

PLO Executive Committeewoman Hanan Ashrawi said in a statement: 

“With the active participation and support of the current US administration, Israel is unilaterally and illegally annexing Palestinian territory and trampling on the Palestinian people’s most basic rights. These announcements are the practical translation of an extremist, ideologically-driven, and dangerous right-wing agenda that trounces Palestinian human rights and threatens to unravel the international order in favor of unilateralism, exceptionalism and political bullying.”

UN Special Coordinator for the Middle East Peace Process, Nikolay Mladenov, said:

“I am very concerned about Israel’s recent announcements regarding the advancement of settlement construction in Giv’at Hamatos and Har Homa, as well as the worrying plans for 3,500 units in the controversial E1 area of the occupied West Bank. All settlements are illegal under international law and remain a substantial obstacle to peace. If the E1 plan were to be implemented, it would sever the connection between northern and southern West Bank, significantly undermining the chances for establishing a viable and contiguous Palestinian state as part of a negotiated two-state solution. I urge the Israeli authorities to refrain from such unilateral actions that fuel instability and further erode the prospects for resuming Palestinian-Israeli negotiations on the basis of relevant UN resolutions, international law and bilateral agreements.”

Making Good On Bibi’s Promise, Israel Issues Tenders for Givat Hamatos Settlement – And Plans for More

As expected, on February 24th the Israeli Lands Authority published a tender for the construction of 1,077 housing units in the Givat Hamatos settlement. Haaretz reports that the tender relates to plans for “state land” and are intended to be sold as part of the the Treasury Ministry’s subsidized housing plan for young Jewish couples. Private companies will invited to bid on the project starting March 5th, with bidding set to close on June 22nd.

In addition to issuing tenders, the Jerusalem District Planning Committee met on February 27th to discuss the possibility of creating a new master plan for Givat Hamatos, in order to allow for more construction in the area. Ir Amim reports that the committee is considering a plan allowing for 6,500 residential units – which nearly doubles the total outlined in the current plan.

Ir Amim writes:

“This is the first time since the late 1990’s that Israel is constructing a new neighborhood/settlement in East Jerusalem. Furthermore, the location of Givat Hamatos means that its consturction will have dire consequences: It will serve to detach Bethlehem and the south of the West Bank from East Jerusalem while isolating the Palestinian neighborhood of Beit Safafa. For several years Netanyahu has abstained from publishing the Givat Hamatos tenders, serving as a source of frustration among rightwing parties. Netanyahu’s announcement therefore constitutes a break in the longstanding restraint. This dramatic change of policy should be seen in the context of his re-election campaign and against the backdrop of the formal release of the US Peace Plan.”

In announcing his support for the construction of the Givat Hamatos settlement last week, Netanyahu also mentioned plans to build 1,000 new homes for Palestinian residents of Beit Safafa – an East Jerusalem neighborhood which will be completely encircled by Israeli construction if/when the Givat Hamatos and Har Homa West settlement plans are implemented. According to Haaretz, the plan was/is to build 1,000 units on “Arab-owned” land — and that plan, in fact, is frozen.

In reaction to the tender for construction of the Givat Hamatos settlement, European Union High Representative Josep Borrell said in a statement:

“The Israeli authorities have announced an imminent decision regarding settlement construction in the Givat Hamatos and Har Homa neighbourhoods in East Jerusalem. Such steps would be deeply detrimental to a two-state-solution. As set out clearly on numerous occasions by the European Union, including in Council conclusions, such steps would cut the geographic and territorial contiguity between Jerusalem and Bethlehem, isolate Palestinian communities living in these areas, and threaten the viability of a two-state solution, with Jerusalem as capital of both states. Settlements are illegal under international law. The EU will not recognise any changes to the pre-1967 borders, including with regard to Jerusalem, other than those agreed by the parties. We call on Israel to reconsider these plans.”

High Planning Council Advances Plans for 1,739 Settlement Units, Including a New Industrial Zone

On February 27th, the High Planning Council – a body within the Israeli Civil Administration responsible for regulating all construction in the West Bank – approved the advancement of plans for 1,739 settlement units in the West Bank. These advancements come on the heels of the publication of tenders to build the E-1 settlement , the initiation of plans to massively expand the Har Homa settlement, and the recommitment of Israel to build a new massive new settlement in East Jerusalem, at the site of the disused Atarot airport. All of these plans deal with construction on the edges of Jerusalem and serve collectively to sever the connection between Palestinian neighborhoods of East Jerusalem and the West Bank (consolidating Israel’s uncontested sovereignty over “Greater Jerusalem”).

Of the total, 703 units received final approval, including:

• Plans to grant retroactive legalization to 620 units in the Eli settlement, a move which had been frozen by the High Court of Justice for the past 5 years while the Court considered a petition filed by Palestinians (with the assistance of Yesh Din and Bimkom) claiming to own the land. Last week, the High Court ruled against the Pallestinian petition and removed the injunction against the plans. The Eli settlement is located  south of Nablus and southeast of the Ariel settlement in the central West Bank
• 48 units in the Har Bracha settlement, located just south of Nablus
• 35 units in the Givat Ze’ev settlement, located south west of Ramallah (north of Jerusalem).

Of the total, 1,036 units were approved for deposit for public review, including: 

• A new industrial zone – called “Shaar Hashomron” – to be located south of the Palestinian village of Qalqilya (a town which is literally surrounded on three sides by the Israeli separation barrier – which in this area is, indeed, a massive wall). Peace Now reports: “[the new industrial zone is] close to Green Line, east of Salfit and South of Qalqilya, near the planned Nahal Rabah cemetery. In the area of Nahal Rabah, there existed a firing zone for years that prevented the use of the land. The land’s designation as a firing zone was lifted a few years ago, and the government’s Blue Line team set new boundaries for the state lands that comprised this area, all in preparation for a plan to build a new industrial zone. Industrial zones are a type of settlement in of themselves, and the planned cemetery is likely to be the first component toward establishing the new industrial zone. The plan for this new industrial park is separate from the 1,739 housing units advanced in the HPC announcement.”
• A winery in the Kiryat Arba settlement, located on the border of Hebron.
• 534 units in the Shvut Rachel settlement, located near the Shilo settlement in the central West Bank. Shvut Rachel only recently became an authorized settlement area when Israel extended the jurisdiction of the Shiloh settlement to include it as a “neighborhood” (along with three other outposts). 
• Two plans for a total of 156 units in the Tzofim settlement, located just north of the Palestinian village of Qalqilya, a town completely encircled by Israel’s seperation barrier (except for a single road connecting it to the rest of the West Bank) – in the northern West Bank.
• 110 units in the Alon Shvut settlement, located south west of Bethlehem.
• 106 units in the Ma’aleh Shomron settlement, located east of the Palestinian village of Qalqilya.
• 105 units in Kfar Eldad (formally a part of the Nokdim settlement), located south of Bethlehem.
• 24 units in the Karnei Shomron settlement, located in the northern West Bank east of the Palestinian village of Qalqilya. Israel is planning to continue expanding Karnei Shomron with the stated goal of bringing 1 million settlers to live in the area surrounding the settlement.

The Times of Israel notes that this is the second time the High Planning Council has convened in as many months, marking an uptick in the frequency of such meetings, which until now have taken place quarterly (4x/year) since the Trump Administration came into power.

Peace Now said in a statement:

“The caretaker government, without a public and moral mandate, sets facts on the ground for a small and extreme minority, against the will of the majority. In the battle over the settler right-wing vote, Bennett and Netanyahu are dragging Israel to invest in thousands of harmful and unnecessary settlement units. This is how a cynical and irresponsible leadership that is willing to abandon the Israeli interest for its political survival behaves.”

Netanyahu Orders 12 Outposts Hooked Up to Israeli Infrastructure, with More to Follow

On February 23rd, Prime Minister Netanyahu announced that he had ordered 12 unauthorized outposts to be connected to Israeli infrastructure, and that his government was working to formally legalize over 100 outposts. Connecting outposts to Israeli water, sewer, power, garbage collection, and other municipal services entrenches the permanence of these outposts and furthers the de facto annexation of Palestinian land.  It also copiously rewarding settlers for breaking Israeli law (by illegally building outposts), incentivizing further lawbreaking by Israel’s most radical and ideological settlers.

According to a letter from Netanyahu’s office, the 12 unauthorized outposts that will be connected to Israeli infrastructure were all built with “government encouragement” (though not formal approval or permits). In a perversion of the very notion of the “rule of law,” this unofficial encouragement for illegal actions is now treated by Israel as a valid legal basis for granting those outposts authorization.

The outposts slated for connection to Israeli municipal services are: 

• The Nofei Nehemia outpost, located east of the Ariel settlement in the heart of the West Bank.
• The Havot Yair (Yair Farm) outpost, located west of Nablus.
• An outpost called “Hill 851”, located south east of Nablus in the central West Bank.
• The Maoz Zvi outpost, located in the northern West Bank.
• The Shaharit outpost, located in a string of settlements stretching from Israel proper to the Ariel settlement in the central West Bank, and going on to the Jordan Valley.
• The Pnei Kedem Farm outpost, located halfway between Bethlehem and Hebron in the southern West Bank.
• The Tekoa D outpost, located southeast of Bethlehem.
• The Negohot Farm outpost, located west of Hebron. 
• The Avigayil outpost, located in the South Hebron Hills near the village of Susya.
• The Asa’el outpost, located east of the Palestinian village of Susiya in the southern tip of the West Bank. 
• The Esh Kodesh outpost, located east of the Ariel and Shilo settlements, in a string of settlements stretching to the Jordan Valley.
• Ahiya, located in the Shilo Valley in the central West Bank.

David Elhayani, head of the umbrella settlement body called the Yesha Council, cheered Netanyahu’s announcement, saying:

“This is an important step for the benefit of young communities that have been suffering from electricity problems for years, and will now be able to receive electricity, just like any other citizen in the country.”

Since the passage of the Regulation Law in February 2017 and the invention of the “market regulation” principle by the Israeli Attorney General, the Netanyahu government has undertaken an energetic effort to grant retroactive legalization to outposts for which the Israeli government has not yet found a means to grant retroactive approval (though it has tried). The obstacle in all of these cases has been the fact that the outposts were built on privately owned Palestinian land. Following passage of the Regulation Law, Netanyahu immediately formed a committee tasked with finding a way to suspend the property rights of Palestinians; that committee produced the Zandberg Report in May 2018 — a report that, indeed, offers several justifications for the government to expropriate privately owned Palestinian land (one of the Report’s recommendations is to connect the outposts to Israeli municipal services). Following the publication of the Zandberg report, Netanyahu formed another committee tasked with implementing the report’s recommendations, by preparing individualized plans for each outpost to gain retroactive legalization. That taskforce, headed by notorious settler Pinchas Wallerstein. helped secure Cabinet approval for another bill to grant authorization to 66 outposts. All but two of the outposts named by Netanyahu this week (Hill 851 & Negohot) were part of a December 2018 bill to regulate 66 outposts – a fact that has drawn the wrath of settler leaders who bemoan Netanyahu’s delayed implementation.

FMEP tracks all events related to Israeli annexation and the drive to authorize outposts in its regularly updated Annexation Policy Tables.

Israel is Planning New West Bank Electricity Grid to Serve the Settlements

Haaretz reports that the Israeli government is close to approving a Master Plan for a new electricity grid in the West Bank, which will service Israel’s settlements. It may also serve Palestinian villages but only if — and it is a big if — the Palestinian Authority agrees to jointly implement the project. The plan is in the hands of Israel’s National Infrastructure, Energy and Water Ministry, which seeks to “provide a blueprint for the electricity market in the West Bank through 2040 and to develop infrastructure for Israeli settlements as well as for the Palestinians residing there.” However, the Israel-conceived plan calls upon the the Palestinian Authority to take responsibility over the Palestinian side of the equation, and the PA has refused to play that role and has condemned the plan.

In a statement, the Palestinian Authority’s Energy Authority said that the plan is designed:

“to establish Israeli sovereignty in the West Bank and to support the brutal presence of the settlements on our land.”

Settler leaders concurred with the PA’s assessment. Gush Etzion Regional Council chairman Shlomo Ne’eman told Haaretz: 

“All moves point to sovereignty, and when we build infrastructure, there is also a basic understanding that the State of Israel is the sovereign. We are pleased that more and more government ministries have realized that this sovereignty is the reality.”

The plan, as reported by Haaretz, would see the Israeli Electric Company build a vast network of power lines across the West Bank. Israel will build six substations in Area C of the West Bank to distribute the high voltage power to settlements. Palestinians, if they are willing, are called upone to build eight substations in order to distribute power to Palestinian homes. The project is expected to cost between $870 million to $1.2 billion. The integration of settlements into Israel’s domestic planning schemes and the construction of massive infrastructure in the West Bank to service the settlements are significant advancements in Israel’s ongoing, de facto annexation of land in the West Bank. 

Deputy Israeli AG Bemoans “Alarming Accumulation” Of Cases in Which Political Echelon Stops Outpost Evacuations

Haaretz reports that the Israeli Civil Administration planned  to evacuate the unauthorized Mitzpe Yehuda outpost, located east of Jerusalem, in September 2019, but was directed to cancel the evacuation by one of Netanyahu’s personal aids in the Defense Ministry – Avi Roeh. The political interference was revealed in a High Court case filed by Palestinians claiming to own the land upon which the outpost was illegally constructed. The Palestinians are seeking to have the outpost immediately evacuated. Settlers claim to have purchased the land, and even submitted an application to have the outpost retroactively legalized by the government.

At the time of the scandal, Deputy Attorney General Erez Kaminitz wrote to Ronen Peretz, acting director of the Prime Minister’s Office, criticizing Roeh’s role in the Mitzpe Yehuda case, as well as the recurrence of political interference on behalf of the outposts. Citing several cases in which such interference occurred (Sde Ephraim, Givat Assaf, and Havat Negohot), Kaminitz wrote:

“This is a very alarming accumulation of cases that raises the specter of the emergence of a highly problematic trend that undermines the rule of law. It’s important to make clear that, as a rule, the political echelon is not authorized to intervene in decisions related to law enforcement.

Joint U.S.-Israeli Annexation Mapping Team Begin Work in Ariel

On February 24th, members of the U.S.-Israeli team tasked with mapping Israel’s annexation of West Bank land under the Trump Plan met for the first time to “explore the terrain.” At a vista near the Ariel settlement, Netanyahu underscored the significance of the project:

“The joint mapping process of the Israeli team and the American team is underway here in Ariel. This is a major mission. The area has an 800-km. perimeter. There is serious work, but we will work as quickly as possible to get it done…[the mapping process will] allow for the application of Israeli law [sovereignty] on these areas and later American recognition as well…[once complete] sovereignty can happen immediately.”

U.S. Ambassador David Friedman said:

“In Israel rain is a blessing, and I hope that our efforts should be blessed as much as the rain is coming down right now,” Friedman declared before the meeting started, the US Embassy in Jerusalem said in a statement. “We have our team here, and we’re going to get to work right away. We hope to complete it as soon as possible, and complete it the right way for the State of Israel.”

Ariel Mayor Eli Shaviro – one of the few settler leaders who publicly supports the Trump Plan – praised the mapping team, saying:

“The sovereignty ship is under way. As I have said in the past, I believe that the prime minister will advance the ‘Deal of the Century’ with President Trump and US officials.  believe that the application of Israeli law in the Jordan Valley and in the communities of Judea and Samaria is closer than ever.”

Shaviro recently resigned from the settler Yesha Council over the group’s disavowal of the Trump Plan.

Bonus Reads + Resources

1. “An Alternative Guide to City of David Archeological Park” (Emek Shaveh)
2. “The Trump plan threatens the status quo at al-Haram al-Sharif”  (Al Jazeera)
3. “50 ex-European leaders and FMs condemn Trump plan, cite apartheid similarities” (The Times of Israel)
4. “Planned Western Wall Train Will Threaten Historic Jerusalem Spring, Report Says” (Haaretz)
5. “The Israelis fighting to keep the Jordan Valley Palestinian” (Al-Monitor)

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

To subscribe to this report, please click here.

January 11, 2019

1. Israel Opens “Apartheid Road” – Divided Road Eases Settlers’ Access to Jerusalem, Routes Palestinians Around the City,  Significant Step Towards Advancing E-1 Settlement Construction
2. Israeli Businessman Opens Huge Mall in East Jerusalem Settlement Industrial Zone
3. In Parting Gift to Settlers, Housing Minister Greenlights Construction of New Settlement Units for Outpost Evacuees
4. Settlers Blame Obama for Slowed Israeli Population Growth in the West Bank
5. Israeli Justice Minister Stands with Families of Suspects in Deadly Jewish Terror Attack
6. Breaking the Silence Launches New Tour of Central West Bank Settlements
7. Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

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Israel Opens “Apartheid Road” – Divided Road Eases Settlers’ Access to Jerusalem, Routes Palestinians Around the City,  Significant Step Towards Advancing E-1 Settlement Construction

A key section of the “Eastern Ring Road” (Route 4370), located in the West Bank on the eastern flank of Jerusalem in the area of the planned E-1 settlement, officially opened to traffic on January 10th. Dubbed the “Apartheid Road” because a concrete wall runs literally down the middle of the highway, separating Palestinian and Israeli traffic, the road allows Israeli-approved traffic from the West Bank (i.e., settlers and the small number of Palestinians who have Israeli-issued permits) to more easily access Jerusalem than ever before — advancing the seamless integration of settlements into Israel proper and the erasure of the Green Line; the other side of the road is sealed, shunting traffic between the northern and southern parts of the West Bank while preventing any access to Jerusalem (East or West).

Ir Amim warns that the opening of this section of the road may signals that Israel is on the verge of issuing building permits for the E-1 settlement plan, which received final approval but has been held up by the political echelon for years due to international pressure. The international community has long opposed E-1, in part based on the argument that territorially, it cuts the West Bank in half, preventing the possibility of a viable, contiguous Palestinian state.

Israeli officials have argued that the now-open road should resolve international objections to building the E-1 settlement, since it preserves “transportational continuity” by providing a route for Palestinians to travel between between the northern and southern parts of the West Bank, as a substitute for territorial contiguity of a future Palestinian state). 

When construction on the road resumed in 2017 after being stalled for a long period, Peace Now explained:

“If the road will be completed…Israel will be able to argue that Israeli construction in the area does not separate the West Bank because there is a transportation route for Palestinians. This argument, of course, is baseless because a thin line of road that connects separated territorial sections (creating ‘transportational continuity’) does not meet the need for the territorial contiguity essential for the development of East Jerusalem and the Palestinian metropolis. Without these territories, a viable independent Palestinian state cannot be built and prosper, and this could mean the death of the two-state solution.”

In a 2008 objection against the road that was rejected by the Israeli High Court of Justice, Adalah explained:

“The road further aims to consolidate and develop the Jewish settlements in East Jerusalem and the West Bank, and link them directly and conveniently to each other and to West Jerusalem. The road is simultaneously intended to isolate the Arab neighborhoods in East Jerusalem from the main route of the Eastern Ring Road, from each other and from the West Bank. It would thereby turn these neighborhoods into islands that are isolated – geographically, economically and in terms of transportation – from their immediate surroundings and would end Palestinian geographical contiguity within and around East Jerusalem, thereby precluding any future economic and social development or expansion of these neighborhoods. The plan stands to cut the owners of agricultural land off from their lands, to dramatically reduce the accessibility of schools, health services and workplaces for residents of these neighborhoods, and severely disrupt their family and social lives.”

Ir Amim researcher Aviv Tartarsky said:

“Anyone with eyes in his head understands that it is impossible for years to maintain such a separation regime — it is immoral and impractical.”

At the ceremony marking the opening of the road this week, several senior Israeli government official boasted about the importance of the road. The newly inaugurated Mayor of Jerusalem, Moshe Leon, said:

“the road is a true blessing for residents of Pisgat Ze’ev and French Hill [Israel settlements in East Jerusalem]. Opening this road during high congestion periods will distribute more evenly some of the pressure on existing highways, leading to significant easing…in addition to solving traffic congestion problems, we are strengthening the Binyamin Regional Council [the settlement council in the area north of Jerusalem] and inaugurating the natural link between this area and Jerusalem.”

Israeli Transportation Minister Yisrael Katz said the road is:

“an important step in linking Binyamin Council residents [settlers living north of Jerusalem] to Jerusalem and in strengthening metropolitan Jerusalem.”

The Jerusalem Municipality – whose public infrastructure company recently renovated the road, despite the fact that the road is located outside Jerusalem’s Municipal borders (not to mention outside of Israel’s sovereign territory) – issued a statement saying:

“this was a transportation project that came about as a result of cooperation between itself, the Binyamin Regional Council and the Transportation Ministry. The road was rehabilitated by Moriah, with funding from the ministry. It will serve Arab residents, especially those living in the Shoafat refugee camp. It will ease congestion in the Pisgat Ze’ev and French Hill neighborhoods, distributing traffic more evenly.”

Israeli Businessman Opens Huge Mall in East Jerusalem Settlement Industrial Zone

A new Israeli-owned shopping mall opened in the Atarot settlement industrial zone in East Jerusalem, located in sight of Ramallah but inside the security barrier and within Israel’s municipal border, as expanded by Israel after the 1967 war.

The massive new mall is the crown jewel of the shopping empire built by Israeli businessman Rami Levy, who already operates a network of supermarkets in settlements. Like all of Levy’s projects (and settlement industrial zones in general), the new mall is branded as a socially-conscience, “coexistence”-building business initiative, with Levy and government officials praising the fact that the new mall will attract both Israeli and Palestinian shoppers and be home not only to Israeli businesses, but to to a few Palestinian-owned/operated businesses as well.

Levy recently told The Times of Israel:

“I see things from a social angle. What I have built, I built with the social aspect in mind. My instincts and my gut tell me this will be the most prosperous place in the country. There is very high demand for the project due to the size of the surrounding population. I’m not afraid of the security situation… When we started marketing there was a reluctance on the part of the (Israeli) chains because of the location of the project, but at the end of the day they understood the great commercial potential.”

Back when the project was first unveiled, the Israeli watchdog group Who Profits explained the falseness of this “coexistence” branding:

“The Jerusalem mall would mark a new stage in Levy’s involvement in the occupation economy…[which] began with providing services to Israeli settlers and continued with the exploitation of Palestinians as a cheap labor force in his supermarkets. He now appears to be turning his attention to massive construction projects on occupied Palestinian land and the exploitation of a Palestinian captive market in the East Jerusalem…Rami Levy is in a position that would allow him establish a large mall on “virgin land” because the Israeli authorities have prevented Palestinian businesses from competing with Israelis. Levy’s plan would take advantage of the fact that Palestinians do not have other large-scale retail facilities. A flourishing market in Bir Nabala was destroyed by Israel’s wall in the West Bank. And venturing into West Jerusalem is not an option for Palestinians, most of whom live below the poverty line. Although there is every likelihood that the Israeli authorities will portray Levy’s mall as beneficial to Palestinians, there are important facts to be remembered. Palestinians entering his mall will not be exercising the right of a consumer to informed choice. Rather, they will be captive clients — belonging to an occupied people.”

The Palestinian human rights group Al-Haq also wrote in advance of the project’s completion:

“Al-Haq further calls attention to the severe impact that the ‘Rami Levy’ project will have on local residents… and the economy as a whole. Because Israeli authorities rarely issue building permits for Palestinians, individuals living in East Jerusalem neighborhoods near Atarot, like Beit Hanina and Shu’fat, do not and will not have comparable large retail facilities. Smaller businesses will likely be unable to compete with the settlement mall.  Al-Haq reminds business owners that businesses benefiting from Israel’s illegal settlement enterprise, and the violations of international humanitarian and human rights law that it propagates, may be found complicit in aiding and abetting these violations even where they do not positively assist in orchestrating the abuse.”

All of Levy’s stores are a target of Palestinian-led boycott campaign against Israeli goods in the occupied territories. Palestinian businessman Munib al-Masri has recently come under fire for a July 2018 meeting with Levy at one of his settlement supermarkets to discuss the Arab Peace Initiative. Masri defended the meeting, saying that he has undertaken an effort to revive the API to Israelis outside of the traditional peace camp. The Palestinian Boycott National Committee released a statement saying:

“The warm relationship revealed recently between a segment of Palestinian capital and Israeli capital is among the worst kinds of normalization. It gives the occupation-state a fig leaf with which to cover its continued occupation, ethnic cleansing, and racism.”

In Parting Gift to Settlers, Housing Minister Greenlights Construction of New Settlement Units for Outpost Evacuees

In June 2018, despite high profile political opposition and violent resistance by settlers and their allies, the Israeli IDF implemented a High Court order to demolish 17 structures (15 residential units) in the Netiv Ha’avot outpost, which were built without Israeli authorization on land that the High Court ruled is privately owned by Palestinians (leaving most of the illegal outpost still standing).

This week, with Israeli elections in sight, Israeli Housing Minister Yoav Gallant resigned from the Kulanu Party and joined Prime Minister Netanyahu’s Likud party (and in doing so, forfeited his position as Housing Minister). Before resigning, Gallant delivered a parting gift to Netiv Ha’avot settlers: a last minute decision to fast-track the construction of new settlement units for them in the Elazar settlement.

In addition to Peace Now’s comprehensive recap of the Netiv Ha’avot saga, FMEP has covered the efforts of the Israeli government to exploit the evacuation of settlers from 15 homes in the Netiv Ha’avot outpost as an opportunity not only to advance construction in the Elazar settlement, but also to build an entirely new outpost as “temporary” housing for the settlers. The “temporary” outpost – where 15 mobile homes are parked – and connected to Israeli water, power, sewage, roads, and other infrastructure – is located outside of the borders of the Alon Shvut settlement. That fact did not stop the High Planning Council (a body within the Israeli Civil Administration which regulates planning and building in the West Bank) from approving the plan, noting that “the plan is improper, but we will have to approve it as a temporary solution.” As part of its approval of the plan, the Council ordered the government to take steps towards expanding the borders of the Alon Shvut settlement to include the area on which the outpost has been established, underscoring the meaninglessness of the word “temporary” in this context.

In addition to the new outpost/expansion of the Alon Shvut settlement, the State is also planning to retroactively legalize and expand the Netiv Ha’avot outpost – proving once again that Israel does not punish settler law-breaking, but instead handsomely rewards it.

Settlers Blame Obama for Slowed Israeli Population Growth in the West Bank

According to new data published by the Council of Jewish Communities in Judea and Samaria, the 2018 settler growth rate came in at 3%, compared to 3.4% in 2017. This is the tenth consecutive year that the settler growth rate has declined. In explaining the numbers, settlers are pointing fingers at former U.S. President Barack Obama, citing his policies opposing settlement construction (which was in line with the policies of every previous U.S. president since 1967) as the reason for the decline in the settler population growth rate. The head of the Council, Hananel Dorani, said:

“We’re happy to see that the number of residents in the area is growing, but in recent years there hasn’t been enough construction in the settlements…the relatively slow rate of construction is the result of, among other things, an eight-year construction freeze [there was no such freeze], and today only small-scale plans are being approved [demonstrably incorrect]. These figures are a shout out to the next government: We will be demanding more of an effort to clear obstacles to construction in Judea and Samaria and the Jordan Valley. This is the way to continue promoting the settlements and even increase the housing available in Israel, and as a result lowering [housing] prices.”

Israeli Justice Minister Stands with Families of Suspects in Deadly Jewish Terror Attack

Five Israeli settlers from the Rehelim settlement were arrested in connection with the murder of a Palestinian woman in October 2018. The suspects – who are minors and therefore unidentified in the press – are alleged to be responsible for throwing stones at a Palestinian vehicle, resulting in the death of Aisha Rabi, a mother of nine. The Israeli Shin Bet has since come under fire from Israeli politicians for the way it has handled the case, and settler leaders have offered blanket public support for the suspects and their families while leveling harsh criticism at the Shin Bet for its work to close the case. Israeli Justice Minister Ayelet Shaked went as far as to meet with the suspects’ parents in a display of solidarity with the families’ in their accusations against the Shin Bet’s work on the case.

Meretz chairwoman and Member of Knesset Tamar Zandberg sharply criticized Minister Shaked for the meeting, saying that Shaked has:

“different standards for Jews and Arabs…Instead of doing soul searching, (Shaked) is making an electoral calculation and running into the arms of families accused of terror.”

Breaking the Silence Launches New Tour of Central West Bank Settlements

The Israeli organization Breaking the Silence has launched a new political tour of the West Bank, focusing on settlements, Israeli government policy, and the goal of the occupation. After previewing the new tour, Haaretz columnists Gideon Levy and Alex Lavec write:

“during this seven-hour journey, an unvarnished picture emerges: The goals of the occupation were determined immediately after the 1967 war. Every Israeli government since, without exception, has worked to realize them. The aim: to prevent the establishment of any Palestinian entity between the Jordan River and the Mediterranean Sea, by carving up the West Bank and shattering it into shards of territory. The methods have varied, but the goal remains unwavering: eternal Israeli rule. That goal hasn’t been implemented only by right-wing zealots, but by the very establishment of Israel, its governmental agencies, with the backing of the judiciary and the media. On the road to a million settlers, the first million – all means were justified. Now, as that target draws closer, the central goal is the development of infrastructures. The separate roads, deceptive with their bypass routes, the tunnels and the interchanges, all of these are more fateful than another flood of settlers. They allow every settler to live in relative security, not to see Palestinians and not to hear about their existence, to live cheaply and to get to work in Israel fast. That’s the secret that’s made it possible for 650,000 Israelis to violate international law and norms of justice, to live in occupied areas and feel good about themselves. The occasional few bones that the occupier throws the occupied allows life under the boot to continue without excessive resistance.”

Breaking the Silence continues to run its flagship tours of Hebron and the south Hebron Hills, which attract approximately 5,000 participants each year to see the impact of Israeli occupation policies and radical settlers living in Hebron. Breaking the Silence staff are veteran combatants who speak out about the reality of what it means to serve as an occupying power over the Palestinians. Breaking the Silence has been a central target of the Israeli government in attempts to silence groups critical of Israeli policies by cutting their funding, criminalizing and restricting their operations, and waging smear campaigns against staff members.

Bonus Reads

1. “Expanding the Limits of Jewish Sovereignty: A Brief History of Israeli Settlements” (Haaretz)
2. “Israeli Housing Project in West Bank Would Surround Bethlehem with Settlements” (Haaretz)
3. “Palestinians Are Right to Outlaw Selling Land to Settlers” (The Forward)
4. “How Israel Usurps Palestinian Land In Calculated Stages” (Haaretz)
5. “Peace Cast: West Bank Settlements” (Americans for Peace Now)
6. “Minister Shaked says she changed the judicial system’s mindset” (World Israel News)

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 4, 2019

1. Israel Advances Plans for 2,191 New Settlement Units – Including Establishing 2 New Settlements & Laying Groundwork for 2 New Settlement Industrial Zones
2. Based on New Legal Tools to Take Palestinian Land, Israel Announces Intention to Build A New Settlement (“Givat Eitam/E-2”) Near Bethlehem
3. Following High Profile Political Support, Settlers Violently Resist Evacuation from Amona Outpost Site
4. Knesset Speaker & Leaders Call for Annexation of Hebron
5. Regavim Petitions Jerusalem District Court to Stop the EU-Backed “Arab Takeover” of Area C
6. Knesset Lawyer Criticizes Bill to Give Palestinian Land to the World Zionist Organization
7. Sheldon Adelson’s Medical School in Ariel Settlement May Not Open
8. Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

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Israel Advances Plans for 2,191 New Settlement Units – Including Establishing 2 New Settlements & Laying Groundwork for 2 New Settlement Industrial Zones

During its final meetings of 2018 (held on December 26th and 27th), the Israeli Civil Administration High Planning Council advanced plans for a total of 2,191 new settlement units. Peace Now reports that 87% of the settlement plans advanced are located deep inside of the West Bank, far beyond any of the negotiated parameters for a border between Israel and a future Palestinian state. 

The flood of settlement approvals includes plans that will effectively create two new settlements (by legalizing the unauthorized outposts of Ibei Hanachal and Gva’ot, detailed below) and establish two new settlement industrial zones (one near the Beitar Illit settlement and one near the Avnei Hefetz settlement). Another plan, for an educational campus and a gas station, will serve to connect the unauthorized outpost of Mitzpeh Danny to a nearby settlement (Ma’aleh Mikhmash) – paving the way towards the eventual legalization of that outpost, creating yet another new settlement.

Of that total, plans for 1,159 units were given final approval for construction – meaning building permits can be issued immediately.  These include

• 220 new units in the Givat Ze’ev settlement;
• 180 new units in the Neveh Daniel settlement;
• 135 new units in the Tene settlement;
• 120 new units in the Karmei Tzur settlement;
• 129 new units in the Avnei Hefetz settlement (where plans to build a new, noncontiguous industrial zone nearby were also advanced – see below);
• 61 new units in the Tzofim settlement;
• 42 new units in the Alfei Menashe settlement;
• 55 new units in the Tomer settlement;
• 18 new units in the Adora settlement;
• 16 new units in the Metzad settlement;
• 1 new units in the Shilo settlement; and,
• 62 new units in the Ma’aleh Mikhmash settlement;
• 

  Map by Peace Now

  A plan to build an educational campus and a gas station between the Malakeh Mikhmash settlement and the unauthorized outpost of Mitzpeh Danny. Peace Now writes, “Although this is not a residential program, these buildings also qualify as the establishment of a new settlement complex in the West Bank. The plan covers 140 dunams and will create a permanent presence of hundreds of Israeli students and teachers…During the discussion it was noted that the Mateh Binyamin Regional Council is preparing a plan to regulate the outpost.” 

• A plan to build a cemetary on an area of “state land” south of the Palestinian city of Qalqilya. The area used to be a closed firing zone, but that military designation was rescinded years back, and the site has since been the subject of settlement planning. Peace Now writes, “The planned cemetery is likely to be the first component on the road to the establishment of an industrial zone, which is also a type of settlement.”

Settlement plans that were advanced through earlier stages of the planning process include:

• 

  Map by WINEP

  A plan for 98 units in the unauthorized Ibei Hanachal outpost, which will turn the outpost as a “neighborhood” of the Maale Amos settlement. In reality, the outpost is not contiguous with the built-up area of the Maale Amos settlement, meaning that the implementation of this plan will, in effect, create a distinct new settlement. 

• A plan for 61 new units in the unauthorized Gva’ot outpost, an outpost originally built in 1999 by the settlers as a “neighborhood” of the Alon Shvut settlement. The settlers built a yeshiva there, but abandoned it not long after. The new settlement plan is for a public building, likely an educational institute with housing.
• 82 new units in th Ofra settlement. FMEP reported on this plan in the Dec 14th edition of the Settlement Report, in conjunction with the litany of punitive settlement plans advanced by Israel in response to terror attacks. The area where the new units are slated to be built is land that was allegedly purchased by the settlers from its original Palestinian owners.
• Plans for two new settlement industrial zones, one near the Beitar Illit settlement and one near the Avnei Hefetz settlement. The latter industrial zone, called Bustani Hefetz, will cover a large area of land (some 730 dunams) and will not be not contiguous with any other settlement. Peace Now writes, “an industrial zone of this scope, which is cut off from any other settlement, in all actuality constitutes a new settlement.”
• 121 new units in the Yitzhar settlement, where the IDF has been trying to rein in the violence perpetrated by the “Hilltop Youth” settlers, who are based in Yitzhar.
• 152 new units in the Shavei Shomron settlement.
• 212 new units in the Har Bracha settlement.
• 94 new units in the Beit Haggai settlement.
• A plan to legalize 75 existing settlement units in the Shvut Rachel settlement, which Israel considers a “neighborhood” of the Shiloh settlement.
• 100 new units in the Halamish settlement.

Peace Now released a statement saying:

“In 2018, the government advanced thousands of housing units, including most which can be found in isolated settlements deep inside the West Bank that Israel will eventually have to evacuate. Those who build these places have no intention of achieving peace and a two-state solution. The latest announcement, which as an aside was cynically passed on Christmas while most Western governments are on holiday, shows that Netanyahu is willing to sacrifice Israeli interests in favor of an election gift to the settlers in an attempt to attract a few more votes from his right-wing flank.”

Top Palestinian negotiator, Saeb Erekat, released a statement saying:

“While the world is celebrating Christmas with its spirit of peace and joy, the Grinch ‘occupation’ decided to steal the Christmas spirit from the people of Palestine. As part of his early election campaign, the Israeli Prime Minister Benjamin Netanyahu has as well stolen more Palestinian land and resources for the benefit of Israel’s illegal colonial settlement expansion. Such illegal actions are a deliberate campaign to destroy the two-state solution and to prevent the establishment of an independent and sovereign State of Palestine with East Jerusalem as its capital.”

Tamar Zandberg, head of the Meretz Party, slammed the new announcements, and previous decisions taken by the government to retroactively legalize 60 outposts. Zandberg said:

“The Israeli government has become a settlement government. (MKs Bezalel) Smotrich, Moti Yogev, (Justice Minister) Shaked and (Education Minister) Bennett are its landlords. They exploit the (Palestinian) attacks to build more settlements. But the truth needs to be said. To achieve security we need to evacuate settlements, not build more and more…”The 60 new settlements are the real threat to Israel’s security and to IDF soldiers. The pogroms they are waging in Palestinian villages. The stone-throwing, the shooting and the uprooting of the trees. This is the danger to our moral image and our security! They eight seats of Habayit Hayehudi party dictate eight million lives.”

Based on New Legal Tools to Take Palestinian Land, Israel Announces Intention to Build A New Settlement (“Givat Eitam/E-2”) Near Bethlehem

On December 26th, the Israeli Civil Administration announced that it will draft plans to build as many as 2,500 new settlement units at the Givat Eitam outpost site, creating a new settlement on a strategic hilltop that will cut off Bethlehem from the southern West Bank, completing the near encirclement of Bethlehem by Israeli settlements.

For years, settlers have lobbied for construction at the site, but those efforts have been stymied by the lack of a legal access road to the outpost, which is surrounded by land that even Israel recognizes is privately owned by Palestinians. Until recently, Israel has balked at seizing private land from Palestinians for the exclusive benefit of the settlements. But now, several new legal opinions have allowed Israel to violate the private property rights of Palestinians for the sole purpose of legalizing settlements and settlement infrastructure. Those legal opinions include the “market regulation” principle, the opinion(s) regarding the Haresha outpost case, and the Regulation Law. It is unclear which legal argument will be applied to the Givat Eitam/E-2 case.

The Givat Eitam outpost has been nicknamed “E-2” by settlement watchers for for its resemblance, in terms of dire geopolitical implications, to the infamous E-1 settlement plan. Located east of the separation barrier on a strategic hilltop overlooking the Palestinian city of Bethlehem to its north, Givat Eitam/E-2 is located within the municipal borders of the Efrat settlement but is not contiguous with Efrat’s built-up area, making Givat Eitam/E-2 effectively a new settlement that, according to Peace Now, will:

“block Bethlehem from the south, and prevent any development in the only direction that has not yet been blocked by settlements (the city is already blocked from the North by the East Jerusalem settlements of Gilo and Har Homa, and from the West by the Gush Etzion Settlements) or bypass roads (that were paved principally for Israeli settlers). The planned building in area E2 would likely finalize the cutting off of Bethlehem city from the southern West Bank, delivering a crushing blow to the Two States solution.”

In September 2018 FMEP reported that the local council of the Efrat settlement encouraged the start of (unauthorized) construction of an outpost at the Givat Eitam/E-2 site (presuming that any such illegal construction would be retroactively legalized by the government) in response to a Palestinian terror attack in the Efrat settlement. Since then, the Civil Administration has allowed the settlers to build and maintain an agricultural farm there.

FMEP tracks all developments related to Israeli legislative, cabinet, and judicial action that promotes the retroactive legalization of outposts built on privately owned Palestinian land as part of its documentation of creeping annexation – available here.

Following High Profile Political Support, Settlers Violently Resist Evacuation from Amona Outpost Site

On January 3rd, 23 Israeli police officers were injured by Israeli settlers and their supporters who violently resisted the court-ordered evacuation from illegal encampments erected on privately owned Palestinian land as part of an effort to re-establish the Amona outpost. Approximately 300 settlers showed up at the Amona site (which is currently a closed military zone) overnight to resist the removal of settlers and two caravans from the hilltop, which was ordered by the Jerusalem District Court. The settlers and their supporters burned approximately 300 tires at the entrance to the outpost, poured oil on the access roads, and threw rocks and boulders at the Israeli police. Seven suspects were arrested and quickly released.

The evacuation of the outpost was reportedly carried out in defiance of a direct order from Prime Minister Netanyahu. According to the Haaretz report, Netanyahu gave orders to the Israeli military secretary, Col. Avi Bluth, to stop the evacuation. Col. Bluth did not relay the message in time, and the evacuation was carried out. Now, Netanyahu has ordered a disciplinary hearing to investigate the actions of Col. Bluth, which is scheduled for January 4th.

The violent evacuation of settlers from the Amona hilltop follows a week of high profile support for their efforts. Israeli Cultural Minister Miri Regev attended a ceremony near the recently re-established (yet unauthorized) Amona outpost to express her support for authorizing construction on the hilltop – which, according to the Israeli High Court of Justice, is privately owned Palestinian land. Regev could not go to the actual Amona site, because the area is a closed military zone where no one (settlers, politicians, and even the Palestinians who own the land) is permitted to enter. Regev and the settlers claim that the hilltop land has been legally purchased by the settlers, but that claim has not been investigated, much less verified. Casting doubt on the settlers’ claims, Haaretz notes:

“The lot in question is jointly owned by several different Palestinians, which means every single one of them would have to consent to the purchase for it to be legal. It’s not clear which, if any, of these Palestinians signed the sale document. In the end, the land was designated military land, is zoned for agriculture and has no building permits.The Binyamin Regional Council didn’t await the administration’s decision before moving two prefab homes into Amona and providing basic infrastructure such as water tankers.”

Israeli Attorney General Avichai Mandleblit slammed the settlers for trespassing and illegally moving caravans onto the site. Mandelblit criticized MK Bezalel Smotrich and the heads of regional settlement councils who went to the site to express support, saying:

“Breaking the law with the support of public figures, like placing caravans on privately-owned lands, can’t be a source of pride.”

A Haaretz report recently revealed Bezalel Smotrich was a founding member of a non-governmental group called Ofek Lehityashvut, which directly financed the illegal reestablishment of the Amona outpost last month by purchasing the two caravans that settlers moved onto the hilltop. The Haaretz report goes on to reveal that the Benyamin Regional Council has purposefully tailored various calls for proposals so that Ofek Kehityashvut would be the only group qualified to receive financing for that project. As a result of that manipulation, Ofek Kehityashvut has received substantial amounts of funding from the Benyamin REgional Council, which is an Israeli-taxpayer funded entity.

Knesset Speaker & Leaders Call for Annexation of Hebron

The speaker of the Israeli Knesset, Yuli Edelstein (Likud), called for Israel to apply its sovereignty over the city of Hebron – which would constitute an act of de facto annexation. Edelstein released a statement announcing his intention to go on a tour of Hebron – where some 500-800 settlers live under Israeli military protection amongst 200,000+ Palestinians – with the far-right, pro-annexationist group Im Tirzu. In the statement he wrote:

“In my view, it’s delusional that some Knesset members dare to undermine the Jewish people’s right to dwell in the city of our forefathers,” Edelstein said in a press statement issued prior to the conference. “We’re developing Hebron, investing in it and inculcating its importance in future generations. We are saying clearly – sovereignty in Hebron first.”

Speaker Edelstein also participated in a conference highlighting Israel’s historic connection to the city of Hebron. Organized by the Knesset Land of Israel Lobby, the event culminated in the signing of a document that reads:

“We, the undersigned, hereby express deep solidarity with the roots of the Jewish people in Hebron and the support of the Jewish community in Hebron that has clung to the city despite all the difficulties. We declare an unambiguous commitment to the continued existence, security and prosperity of Hebron as the city of both our forefathers and children.”

The event was co-organized by MK Bezalel Smotrich (Jewish Home) who said:

“Hebron is a litmus test. What is happening in Hebron shows our Jewish pulse….[those who call for settlers to leave Hebron] understand very well that if Hebron grows and develops, the entire settlement enterprise will grow and develop, so they invest in harming Hebron. But they will continue to shout and complain while we will continue to build, reach the people and connect with our roots.”

Regavim Petitions Jerusalem District Court to Stop the EU-Backed “Arab Takeover” of Area C

Following the Knesset’s passage of a bill in July 2018 that brought many West Bank legal matters under Israel’s domestic jurisdiction (an act of de facto annexation), the Jerusalem District Court is set to hear its first case concerning land disputes in the occupied territory. The bill was sponsored by Israeli Justice Minister Ayelet Shaked, whose three-fold rationale for the bill explicitly states that its purpose is to help settlers take more Palestinian land and shut-down Palestinian challenges to such thefts — by bringing matters to the Jerusalem Court instead of the High Court of Justice, which Shaked believes is too concerned with Palestinian rights and international law. The bill is part of the legislative body’s broader effort to erase all remaining distinctions (legal, judicial, economic, and otherwise) between sovereign Israel and the occupied territories, distinctions which allowed Israel to preserve the guise of respect for rule of law, and good intentions, for the last 50 years.

Looking to cash in the bill’s explicit purpose, the radical settler group Regavim initiated the petition asking the court to intervene to stop the “illegal Arab takeover” of land in the West Bank. Regavim’s petition claims that Palestinians are cultivating “state land” near the Mezad settlement. The petition also blames the European Union for its financial backing for the agricultural projects on the land. (Note: Regavim, like most settler media outlets, uses the word “Arab” to describe Palestinians, a vocabulary choice meant to erase any recognition of Palestinian identity).

A coordinator for Regavim told the Arutz Sheva outlet:

“The intervention of the European Union in what is happening in Area C is a brazen and aggressive intervention. We see extensive involvement on their part in lawbreaking and invading state land throughout Judea and Samaria. Their symbols are everywhere, and the State of Israel must respond to this blatant intervention on the diplomatic level as well.”

Shlomo Ne’eman, head of the Gush Etzion Regional Council said:

“The direct involvement of the European Union in financing Arab squatters in the territories and state lands has already become a plague on the state. We congratulate Justice Minister Ayelet Shaked on the obvious step that has led to great logic and justice in reducing the burden on the Supreme Court and in uniform enforcement against the land grabs by hostile elements…the Arabs understand that the real battle is on the ground. Foreign countries with their money are trying to shape a false consciousness and finally change the map of the state, but nothing can change history and our natural belonging on our national land.”

FMEP tracks the application of domestic Israeli law over the occupied West Bank (the de facto annexation of the West Bank) on its Annexation Policy Tables, which are regularly updated.

Knesset Lawyer Criticizes Bill to Give Palestinian Land to the World Zionist Organization

The legal advisors to the Knesset Constitution, Law and Justice Committee criticized a bill that would transfer vast tracts of land in Area C of the West Bank to the Settlement Division of the World Zionist Organization (WZO), a quasi-private state-funded entity that works to establish and expand settlements in the West Bank. Despite pressure to pass the bill, the legal advisors called on the committee to reexamine the text over concerns that it would also give the WZO authority over Palestinian communities in Area C. The experts wrote in a legal opinion for the committee:

“The proposed definitions of ‘rural settlement’ and ‘land’ do not include references to the character and nature of the settlement, and it seems that land that is government or abandoned property intended for Palestinian rural settlement will also be included in the boundaries of the proposed arrangement, and will be transferred to the management of the Settlement Division. Is the intention of the bill that the Settlement Division will also manage the Palestinian rural settlement in the area?”

As FMEP has previously reported, the bill was proposed by MK Bezalel Smotrich (Habayit Hayehudi) to accelerate the transfer of almost all of the land in Area C to the control of the World Zionist Organization. The land transfer is, in fact, taking place at the bureaucratic level, but Smotrich and the Israeli Cabinet (which endorsed the bill) are increasingly frustrated by the slow pace of the transfer (and perhaps also the limited scope of land slated to be handed over). Israeli Attorney General Avichai Mandelblit expressed his opposition to the bill, saying it is unnecessary given that ministry staffs are already working to transfer more land to the WZO through an administrative process.

In June 2018, when the Knesset gave preliminary approval to the bill, Peace Now responded:

“the government is scandalously planning to give the biggest land thieves responsibility for managing the land distribution, which will continue to be done under the cover of darkness if the bill passes into law.”

For more information on this bill, read a comprehensive background briefing by Peace Now.

Sheldon Adelson’s Medical School in Ariel Settlement May Not Open

The state-of-the-art medical school planned to be built in the Ariel settlement is now in danger of not opening, after a letter from the Israeli Justice Ministry warned that the school’s approval is in jeopardy. The Justice Ministry discovered an undisclosed conflict of interest that voids an important vote in favor of approving the school by the planning and budgeting subcommittee of the Higher Education Council. A member of the subcommittee, Dr. Rivka Wadmany-Shauman, allegedly met with the heads of Ariel University ahead of the vote, and made her approval of the new medical school conditional on being promoted to the rank of professor. Israel Hayom reports the Ariel University has already shelved plans to inaugurate the new school for its first semester in the Fall of 2019.

As FMEP has previously reported, Ariel University became an accredited Israeli university in 2012, following significant controversy and opposition, including from Israeli academics. It has since been the focus of additional controversy, linked to what is a clear Israeli government-backed agenda of exploiting academia to normalize and annex settlements. In 2018, the settlement broke ground on the new medical school, with significant financial backing from U.S. casino magnate and settlement financier, Sheldon Adelson. In February 2018, in an act of deliberate de facto annexation, the Israeli Knesset passed a law that extends the jurisdiction of the Israeli Council on Higher Education over universities in the settlements (beyond Israel’s self-declared borders), ensuring that the Ariel settlement medical school (and its graduates) are entitled to all the same rights, privileges, and certifications as schools and students in sovereign Israel.

As a reminder, Ariel 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 will cut the northern West Bank into pieces.

Bonus Reads

1. “Israeli settlements threaten to engulf West Bank communities” (Al-Monitor)
2. “Israeli settlement activity appears to surge in Trump era” (AP)
3. “It Pays Off to be an Israel Settler, Whether Trespasser or Landowner” (Haaretz+)
4. “In the West Bank, the Israeli army works for the settlers” (Haaretz)
5. “Netanyahu’s pro-settler allies force annexation into campaign agenda” (Al-Monitor)

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

To subscribe to this report, please click here.

August 17, 2018

1. U.S. Ambassador: There is “No Reason” to Evacuate Settlements from West Bank
2. Israel Publishes Tenders for 603 new units in East Jerusalem Settlement of Ramat Shlomo
3. Massive Jerusalem Development Deal for 20,000 New Apartments – Including Settlement Expansion Projects
4. Israel Triples Size of New Settlement Industrial Zone In Hebron
5. Knesset Sends Funds to New Settler Council in Hebron, Despite High Court Injunction
6. Knesset Approves Past Due Payment for the Construction of Amichai Settlement & “Temporary” Outpost
7. Delay in Opening of new Jerusalem “Park” That Confiscates Palestinian Spring
8. Israel Evicts Palestinians from Bethlehem Home Despite Court Order
9. Bonus Reads

Comments, questions, or suggestions? Email Kristin McCarthy at kmccarthy@fmep.org.

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U.S. Ambassador: There is “No Reason” to Evacuate Settlements from West Bank

According to MK Yehuda Glick (Likud), U.S. Ambassador to Israel David Friedman – who is one of three lead authors of the supposedly forthcoming U.S. peace plan – told a group of settler leaders that he does not see any reason why settlements would need to be evacuated from the West Bank in a peace deal with the Palestinians. MK Glick said Friedman was “very explicit” about that point during the meeting, which was held at the U.S. Embassy in Jerusalem. Notably, the position attributed to Friedman is consistent with positions he has taken in the past, both in speaking and writing. 

The Embassy declined to comment on the headline-making statement or the meeting itself. Without an American statement, settler leaders are the only source for what transpired in the meeting. According to MK Glick, the small group of settler leaders pushed Ambassador Friedman to endorse an “economic peace plan” as a substitute for a political solution to the conflict. Glick said that an economic proposal would “make redundant the discourse of concessions” (under previous U.S. proposals, Israeli concessions would have included the evacuation of far flung settlements in the West Bank).

Along those lines, the group presented Ambassador Friedman with a plan for a new industrial zone and medical center in the southern West Bank that, according to Glick and Har Hevron Regional Council Chairman Yochai Damari, would employ and serve thousands of Palestinians. The plan was presented by Glick, Damari, and Palestinian businessman Muhammad Nasser, who also attended the meeting. According to Glick, the U.S. Ambassador was supportive of the plan and offered U.S. assistance once the initiative was up and running.

[UPDATED 9/28/18: More details on the joint Israeli-Palestinian industrial zone in the Har Hebron region was later fleshed out by Ynet in a report here. The plan calls for an industrial zone and commercial center to be built near the Tene-Omarim settlement. Israeli Finance Minister Moshe Kahlon briefed the details of the plan to U.S. Treasury Secretary Steven Mnuchin and Jason Greenblatt, U.S. Special Representative for International Negotiations. The U.S. is expected to present the plan to the World Economy Forum during its annual meeting in January 2019]

Israel Publishes Tenders for 603 new units in East Jerusalem Settlement of Ramat Shlomo

On August 15th, the Israel Land Authority published construction tenders for 603 new settlement units in the Ramat Shlomo settlement in East Jerusalem. The 603 units are part of a larger plan for 1,500 units in Ramat Shlomo (tenders for almost all of which have been published now) that was announced by Israel in 2010, during the visit of then-Vice President Joe Biden. The timing of that announcement, and the inflammatory nature of settlement approvals in East Jerusalem (which the Obama Administration pressured Israel to halt), sparked outrage and prompted Biden to issue harsh criticism of Israel while on the ground. The incident earned the 2010 Ramat Shlomo plan the nickname the “Biden Plan.”

Anti-settlement watchdog Ir Amim comments that the Ramat Shlomo tenders are a part of the Israeli endeavor to:

“expand the Israeli neighborhoods/settlements in such a way as to consume the remaining space between them and nearby Palestinian neighborhoods ( a critical geo-political link between Jerusalem and Ramallah) so as to inhibit their development and further complicate any future division of the city.”

There has been a significant uptick in East Jerusalem settlement advancements since President Trump assumed office in January 2017, reflecting the sea change in U.S. policy towards settlements (evidenced again this week by Ambassador Friedman’s remarks, detailed above). As Ir Amim details, Israel’s unrestrained advancement of settlement construction in East Jerusalem has been coupled with legislative schemes to change the borders of Jerusalem (annexing far flung settlements into Jerusalem and cutting Palestinian neighborhoods out of Jerusalem) in order to engineer a Jewish Israeli majority in Jerusalem.

Massive Jerusalem Development Deal for 20,000 New Apartments – Including Settlement Expansion Projects

On August 15th, the Jerusalem Municipality signed a $380 million deal with the Israel Land Authority to finance a plethora of projects across the city, including 20,000 new apartment units. While much of this development will be in West Jerusalem, some will reportedly be in the East Jerusalem settlements of Pisgat Ze’ev, French Hill, and Atarot. The Jerusalem City Council is expected to give final approval to the plan next week.

Israel Triples Size of New Settlement Industrial Zone In Hebron

According to The Jerusalem Post, on August 12th the Israeli government approved a plan that will triple the size of an industrial zone in the Kiryat Arba settlement in Hebron, approving 10 million shekels for the project. FMEP reported on the initial plans to build the Kiryat Arba industrial zone in March 2018, noting that the industrial zone is technically within the borders of the settlement but well outside of the developed lines of the settlement and beyond the fence that surrounds it – making it, in effect, a new Israeli settlement in Hebron. Now, the new settlement is set to significantly expand in one of the most volatile areas in the West Bank.

Knesset Sends Funds to New Settler Council in Hebron, Despite High Court Injunction

On August 12th, the Knesset Finance Committee approved 2 million shekels (about $550,000 USD) to fund the new local settler committee in Hebron. The Finance Committee requested that the money be disbursed to the Hebron settler committee “in accordance with an agreement in the past with MK Bezalel Smotrich,” (Habayit Hayehudi)…after the necessary professional and legal checks.”

The creation (via military order) of a new autonomous committee to represent and service a cluster of settlers living in enclaves in Hebron’s city center is being challenged by the Hebron Municipality. In response to the Palestinian petition, the High Court of Justice put a freeze on the plan, effective July 4, 2018, and gave the Israeli government 120 days to explain the legality of the plan. The petition argued that the military order creating the new body was intentionally vague in defining its legal and geographical jurisdiction, and pointed out that the new committee would be able to override decisions by the Hebron Municipality thereby stripping Palestinians of autonomy and representation in matters that directly affect them.

It is unclear from reporting if the Knesset Finance Committee’s decision to fund the new committee is related to the High Court’s ongoing consideration of the case. However, what is clear is that the Knesset is not concerned about undermining the High Court of Justice’s power over West Bank issues — indeed, the Knesset is actively pursuing that end with the recent passage of a new law stripping the Court of jurisdiction over land disputes and transferring it to a domestic Israeli Court, and with ongoing consideration of a bill that would allow the Knesset to reinstate laws that the High Court strikes down.

Knesset Approves Past Due Payment for the Construction of Amichai Settlement & “Temporary” Outpost

On August 12th, the Knesset Finance Committee approved the transfer of $9.5 million to pay contractors for their ongoing work on the first new settlement built with government approval in 25 years, Amichai, and a new “temporary” outpost for settlers whose homes were built on privately owned Palestinian land in the Netiv Ha’avot outpost and were recently demolished. Amichai is the new settlement approved as a pay-off to the settlers who were evacuated from the illegal Amona outpost. Construction on Amichai has begun, but has been interrupted several times due to lack of government cash, a problem ostensibly solved by this week’s cash transfer.

With respect to the new outpost for the Netiv Ha’avot outpost settlers, in February 2017 the Israeli government approved an unusual plan to place 15 mobile homes — connected to Israeli water, power, sewage, roads, and other infrastructure — at a site located near, but not within, the borders of the Alon Shvut settlement, in effect creating a new outpost for settlers evacuated from another outpost. When the High Planning Council initially approved the advancement of this plan in October 2017, it noted that “the plan is improper, but we will have to approve it as a temporary solution.” At the time, the Council ordered the government to go about expanding the borders of the Alon Shvut settlement to include the land. Under the approved plan, the new homes will be allowed to stay in that location for three years. However, based on past practice, it can be expected that within that time, or at the end of those three years, the site will “regulated” by Israel to become a permanent area of Israeli settlement.

In both cases – the Amichai plan and the Netiv Ha’avot plan – the Israeli government massively “compensating” citizens for the inconvenience of having been caught brazenly breaking Israeli law (i.e., for building without permits on privately owned Palestinian land). The two cases highlight the way in which the Israeli government not only encourages illegal settlement building, but generously incentivizes and rewards its. At this point, in addition to two new settlements, approximately 20 million shekels ($5.4 million) has been paid to the Amona evacuees and 15 million shekels ($4 million) to the Netiv Ha’avot evacuees.

Delay in Opening of new Jerusalem “Park” That Confiscates Palestinian Spring

A dispute between Israeli government agencies has led to a delay in the opening of a new Jerusalem tourist site – a park established for the express purpose of taking control over the Ein Al-Hanya spring,  which was historically part of the al-Walajah Palestinian village. Originally slated to open April 1st, the delay centers around a battle over who will fund the operations of the site. For now, the site is closed and the grounds are not being maintained.

Regardless of the dispute, Israel has implemented policies that prevent Palestinians from accessing the spring and surrounding lands, including illegally moving a police checkpoint to further choke off al-Walajah from Jerusalem. As detailed in Haaretz, the plan for the park includes three pools filled by the spring – two for Israelis and tourists, and one for al-Walajah residents to water their crops and flocks. However, that third pool for Palestinians has not been built, and the water “merely spills into the nearby wadi.” The other pools, like the park, are currently empty and fenced off.

Israel Evicts Palestinians from Bethlehem Home Despite Court Order

Haaretz reports that settlers have forcibly evicted a Palestinian family from their home near Bethlehem, in defiance of an Israeli court order. The Palestinian Samara family reports that settlers tricked them into leaving the property, after which settlers locked them out, forcibly evicted them and their belongings, and then used a bulldozer to demolish their home. The family has filed an appeal to the High Court of Justice.

The Samara family – which since the early 1980s lived in 3 small units within a larger apartment building – has been targeted for eviction by settlers since 2012, when ownership of the building was transferred to an American organization controlled by Irving Moskowitz, a major funder of Jewish settlement in East Jerusalem. In 2016, the Gush Etzion Regional Council was given jurisdiction over the compound to move in Jewish Israeli settlers. Since that time, the building has been taken over by settlers, except for 2 units in which the Samara family lived as protected tenants (the third was welded shut), based on an Israeli court ruling under which the building’s owner promised not to restrict access to the building for four members of the Samara family (no other family members or visitors were allowed access). Regarding the arrangement, the judge wrote:

“This arrangement will remain in force unless a different judicial order is issued after a legal proceeding instituted by one of the parties.”

As Haaretz notes, there does not appear to be a different or new judicial order that would change the 2016 agreement.

In 2017, the Samaras reported that a new settler family had moved into the compound and began harassing the family members who remained – prompting them to file a complaint on July 26, 2018 with the Israeli police in the Beitar Illit settlement. Two weeks later on August 6th, the family was forcibly evicted and their units were demolished.

Despite the Samara’s harassment complaint and a real-time call to the police while the eviction was taking place, Israeli police took no action to prevent settlers from evicting the Samaras, reportedly stealing their cellphones, and bulldozing the properties. The Beitar Illit police station even refuse to allow the Samara family to enter the station and file a complaint until a lawyer for the family got involved many hours later.

Following intervention by UNRWA, the family was allowed to return to search the site for their ID cards and other important belongings. Now homeless, the Samara are taking their case to Israel’s the High Court of Justice.

Bonus Reads

1. “A Palestinian Bedouin Village Braces for Forcible Transfer as Israel Seeks to Split the West Bank in Half” (The Intercept)
2. “Between Garbage and Sewage: Israel’s Future Plans for Khan al-Ahmar” (+972 Mag)
3. “Their Parents Settled the West Bank for Ideology, They’re Staying for the Vibes” (The Times of Israel)