Welcome to FMEP’s Weekly Settlement & Annexation Report. To subscribe to this report, please click here.

December 11, 2020

1. Israel Expected to Advance Plan for Yeshiva at Entrance to Sheikh Jarrah
2. Gantz Weighing Vote in Cabinet to Legalize 40+ Outposts
3. MK Planning to Call Vote on Bill to Prevent Future Evacuation of Any/All Settlements & Outposts (De Facto Annexation West Bank)
4. Annexation via Internet
5. Annexation via Roads & Infrastructure
6. Bahrain Backtracks On Annexation Recognition…As UAE Openly Embraces Settlers
7. Bonus Reads

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Israel Expected to Advance Plan for Yeshiva at Entrance to Sheikh Jarrah

Ir Amim reports that at the next meeting of the Jerusalem District Planning Committee the Committee, scheduled for December 16, is expected to advance a highly inflammatory plan to build a Jewish religious school (a yeshiva) and dormitory at the entrance of the East Jerusalem neighborhood of Sheikh Jarrah.

The District Planning Committee was expected to grant approval to this plan in July 2020, but – based on data submitted by Ir Amim – unexpectedly ordered a new survey on the needs of the Sheikh Jarrah community. It is unclear at this time whether that survey has been completed, and if it has been completed, what the conclusions/findings were and if the Committee is now satisfied. The December 16th Committee meeting is closed to the public.

The plan to build the yeshiva and dormitory, which would house dozens of young religious settlers, as well as another project for a 6-story building in the same area, aims to strengthen Israeli settlers’ hold on the neighborhood. Once built, settlements will literally flank both sides of the road leading into Sheikh Jarrah, advancing the settlers’ goal of cementing the presence of the settlement enclaves inside of Sheikh Jarrah and connecting them more seamlessly to the neighborhood’s periphery and to West Jerusalem. 

Ir Amim writes:

“If approved, the construction of the yeshiva will significantly bolster the efforts of state-sponsored settler organizations to transform large portions of Sheikh Jarrah into a large Israeli settlement through evictions of Palestinians and settler takeovers of their homes. Over the past few months, the Israeli courts have upheld eviction demands against 12 Palestinian families, including the Sabbagh family, from the Kerem Al’ajoni section of Sheikh Jarrah, ruling on behalf of settler groups. Various appeals and legal proceedings have only temporarily halted the families forced removal from their homes.”

Just this week, FMEP hosted a webinar on Sheikh Jarrah and the impending dispossession of Palestinians from their longtime homes.

Gantz Weighing Vote in Cabinet to Legalize 40+ Outposts

The Jerusalem Post reports that Defense Minister Benny Gantz (Blue & White) is holding up – for unreported reasons – the Security Cabinet’s consideration of a draft decision to grant authorization to dozens of Isareli outposts across the West Bank. Gantz has not (yet) issued his approval for the draft text to be discussed and voted on at the Cabinet level, though he has allowed a senior Defense Minister, Michael Biton, to work with Settlement Minister Tzachi Hanegbi (Likud) on crafting that text over the past several weeks.

Speaking to the Knesset Foreign Affairs and Defense subcommittee on December 9th, Hanegbi said that a draft decision is “almost 100% complete,” and that he expects it to provide for the retroactive authorization of 40-45 outposts.  Hanegbi said he had hoped to craft a decision that could apply to 69 outposts, but his negotiations with Biton limited its scope. Last week, Biton and Gantz made it clear that the party would support granting authorization to outposts which were built on “state land,” but not outposts which have a more complicated land status, including private Palestinian ownership claims.

According to Peace Now, there are a total of 124 outposts in the West Bank. There is a new urgency around granting a sweeping government authorization to outposts as Israel anticipates a closing window of opportunity to do so with the looming exit of President Trump and his openly pro-settlement, pro-outpost, pro-annexation policy. 

The push to grant retroactive legalization to all of the outposts is nothing new, nor is the more limited goal of granting authorization to outposts that were built on land that has been declared by Israel to be state land – a status which the Israeli government regards as less complicated than cases where the outposts were built on land that have recognized ownership claims from Palestinians. In addition to the myriad problems with how Israel has used its authority as an occupier to declare land as “state land” and subsequently designates that land for the sole use of settlers, the fact remains that outposts built on that land were built illegally even under Israeli law (though in many cases with the tacit support or active encouragement of the government). For years, Israel has openly sought to find creative bureaucratic and legal means to grant retroactive “legal” status to as many outposts as possible. 

In 2012, a government-commissioned report – called the “Levy Report” (after its author, retired High Court Justice Edmund Levy) declared Israeli’s occupation of the West Bank to be legal and recommended that outposts built on state land can be easily authorized (legalized) through the planning process without a government decision (i.e., outside of  the influence of political or diplomatic considerations). The Israeli government, though it did not formally adopt the report, has nonetheless proceeded to implement its recommendation to grant retroactive legalization to many of these outposts. According to a 2019 Peace Now report – 15 outposts have since been legalized and 35 are in the process of being legalized between 2012 and 2019. At the same time, 32 new outposts have been established.

The outposts that, to this point, have not been legalized have spurred new legal thinking in Israel – like the Regulation Law and the “market regulation” principle – to find new bases by which to legalize the outposts under Israeli law (aka, to suspend the rule of law to deprive Palestinians of recognized land ownership and legalize illegal actions). 

MK Planning to Call Vote on Bill to Prevent Future Evacuation of Any/All Settlements & Outposts (De Facto Annexation West Bank)

MK Tzvi Hauser (Derech Eretz) announced that he intends to bring to a vote in the Knesset a bill that would amount to the de facto annexation of the West Bank. The bill aims at preventing the Israeli government from ever evacuating any settlements or outposts, and it does so by expanding the application of an existing Israeli law to include the West Bank. That law, passed in 2014, requires that any proposed withdrawal/evacuation of territory in Jerusalem or the Golan Heights be approved in a national referendum or receive a supermajority of 80 votes in the Knesset. The logic behind this effort is that even if political leaders some day were interested in negotiating a two-state agreement with the Palestinains, the law would make implementation of any agreement politically difficult if not impossible (a situation which would in effect tell the Palestinians, formally, that they have no hope of ever ending the occupation via negotiations).

The bill was submitted to the Knesset in August, and can be brought up for a vote by a member at any time.

Various versions of this same bill have been repeatedly introduced to the Knesset, but not yet called up for a vote. For details, see Yesh Din’s handy database of annexation legislation here. Explaining a 2017 version of the bill introduced by MK Yehuda Glick (then a Likud party member), Yesh Din wrote:

“The bill addresses the West Bank territory as part of the State of Israel, and seeks to equate the legal standing of sovereign Israel and territories not subject to Israeli sovereignty.”

Annexation via Internet

On December 8, Israeli Communications Minister Yoaz Hendel (Derech Eretz Party) accompanied settler leaders on a tour of the Etzion settlement bloc region in the southern West Bank. Speaking to reporters, Hendel reiterated his promise to deliver modern communications infrastructure, including high speed internet and fiber optics, to settlers living in the area.

Perfectly explaining why this is part of Israel’s entrenchment of the settlements and de facto annexation of the West Bank, Shlomo Ne’em (head of the settler Gush Etzion Regional Council) said:

“Adding communications infrastructure in Gush Etzion is equivalent to de facto sovereignty. Until we bring full national sovereignty, the residents here can live on par with 21 century standards.”

Annexation via Roads & Infrastructure

Breaking the Silence and the Israeli Centre for Public Affairs this week issued a new report entitled “Highway to Annexation: Israeli Road and Infrastructure Development in the West Bank.” The report lays out how Israel has, for decades, been implementing de facto annexation of the West Bank not only through the growth of the settlements, but through the construction of roads, water, electricity, and other infrastructure in the West Bank which in turn allows for the growth of the settlements.

In addition to providing a history lesson on Israel’s construction of infrastructure in the West Bank from the earliest days of the occupation, the report provides analysis of ongoing and likely infrastructure projects that are a key part of the ongoing annexation-through-infrastructure reality. Those projects, which are designed solely with the interest of the settlements in mind (though the GOI says that Palestinians will be able to use them as well), include:

1. 1. Expanding Lateral Roads, including: Highway 55 (running from Israel to the Kedumim settlement), Highway 5/505 (running from Israel through the Ariel settlement and on to the Jordan Valley), Highway 456 (running between Ramallah and Salfit), Highway 367 (in the western Etzion bloc). As explained in the report, lateral roads in the West Bank serve two goals: connecting settlements to Israel proper and restricting the growth potential of Palestinian communities.
   2. Expanding and renovating roads in the Jerusalem Metropolis, including the following –
      1. To Jerusalem’s south: doubling the size of Highway 60 (the “Tunnels Road”) as an entrance to Jerusalem from the south;
      2. To Jerusalem’s east: extending the Eastern Ring Road (aka the “Apartheid Road”), building an underpasses for the Talpiot and French Hill settlements and an overpass for the Ramat Shlomo settlement – all of which will allow settlers to more directly (without hitting a single traffic light) enter Jerusalem.
      3. To Jerusalem’s north: tunneling under the Qalandiya checkpoint (for settlers only) and connecting that tunnel via a new sections of several highways in the area (Highway 45, Highway 443, Highway 935). This will allow settlers (only) to bypass the notoriously congested Hizma checkpoint.
      4. And, expanding the Jerusalem light rail to service East Jerusalem settlements.
   3. Building the “Sovereignty Road” near Ma’ale Adumim. This road would be for Palestinians, designed to divert Palestinian traffic around the Maale Adumim and E1 settlement areas in preperation for massive settlement growth. This road has emerged as the Israeli government’s defense for its plans to build the E-1 settlement, which critics say will sever the West Bank in two. Israel, via this road plan, argues that Palestinians will continue to have “transportational contiguity” despite losing territorial contiguity.

For a full reporting on all of the infrastructure projects being advanced by Israel in the West Bank, see the full report.

The authors write:

“ The ultimate vision of the road and transportation projects currently planned and underway in the West Bank involve entrenching the segregation between Israeli settlers and Palestinians. These infrastructure projects, of course, do not provide for “separate but equal” development but are rather guided primarily by the interests of the settler population and come at the expense of Palestinian development… West Bank road and transportation development creates facts on the ground that constitute a significant entrenchment of the de facto annexation already taking place in the West Bank and will enable massive settlement growth in the years to come. By strengthening Israel’s hold on West Bank territory, aiding settlement growth, and fragmenting Palestinian land, this infrastructure growth poses a significant barrier to ending the occupation and achieving an equitable and peaceful solution to the Israeli-Palestinian conflict.“

Bahrain Backtracks On Annexation Recognition…As UAE Openly Embraces Settlers

This week, Bahrain clarified that it will not import goods produced in Israeli settlements in the West Bank or Golan Heights (making the question of how such products are labeled moot). The policy clarification reverses comments made by a Bahraini trade official late last week that seemed to offer Bahrain’s de facto recognition of Israeli sovereignty over the settlements, and follows significant backlash for those comments.

Taking a different approach, this week the UAE — which previously welcomed a high-profile visit by a settler delegation — doubled down on its approach of actively embracing commercial ties with settlements. On December 8th, the Jerusalem Post reported that the UAE-based FAM Holding company has signed a deal with a settlement vineyard – the first time such a deal has been made between a UAE business and the settlements. The deal provides for the UAE to import goods from the Tura Winery (in the Rehelim settlement), the Har Bracha Winery (in the Har Bracha settlement), and the Arnon Winery (near the Itamar settlement), as well as Paradise Honey. 

Yossi Dagan, the head of the settler Samaria Regional Council, called the deal “a national-strategic achievement for the State of Israel” saying it is a:

“significant part of a strategic process to strengthen Samaria — in the number of residents, in infrastructure and culture. We’re working hard, consistently, and in any location, to turn Samaria into an economic powerhouse — another glass ceiling shattered!”

Discussing/rationalizing the deal, the head of Dubai’s Chamber of Commerce and Industry adopted longstanding hasbara talking points that paint doing business with settlements as a way of helping the Palestinians. According to the Times of Israel, he: 

“noted that Israeli factories provide work for tens of thousands of Palestinians and said the hope is to assist the Palestinians economy rather than harm it.”

As a reminder, “benevolent occupation” is an old hasbara argument founded on the view that Palestinian should appreciate the opportunities settlements provide for employment, even as those same settlements and the occupation deny them dignity, human and civil rights, freedom of movement and access to their own lands, and self-determination –and in parallel, deny them any chance to develop a productive Palestinain economy that could provide them employment and economic opportunities. For a an examination of this old hasbara line, see: Sodastream, ScarJo, and the Myth of Benevolent Occupation

Along these same lines, Avi Zimmerman – leader of the “Judea and Samaria Chamber of Commerce & Industry” – is once again touting the fiction that the success of settlement businesses benefits Palestinians. According to the Times of Israel’s reporting, Zimmerman said that, “in the spirit of symmetry” he is working to:

“find opportunities for Palestinian businesses to benefit from the accords as well, in the short term through partnerships with Israeli businesses and in the long term through large-scale environmental and infrastructure projects that incorporate both populations.”

Again, as a reminder, economic “coexistence” initiatives like the “Judea and Samaria Chamber of Commerce & Industry” are, in fact, efforts to normalize, entrench, and reward Israeli settlements while perpetuating Israel’s economic exploitation of occupied territory (including the local workforce, land, and other natural resources). Labelling such initiatives as “coexistence” programs or suggesting that Palestinians should welcome the benefits of settlement economies is perverse.

Bonus Reads

1. “Israel’s Tony Soprano Policies in the West Bank“ (Haaretz // Michael Sfard)
2. “Firing zones, Highway 10 to open to hikers on Hanukkah” (Jerusalem Post)
3. “Highways to Annexation: Across the West Bank, Israel Is Bulldozing a Bright Future for Jewish Settlers” (Haaretz)
4. “Peace for Peace? Israel-Morocco Deal Is Occupation in Exchange for Occupation” (Haaretz)

Welcome to FMEP’s Weekly Settlement & Annexation Report. To subscribe to this report, please click here.

December 4, 2020

1. Israeli Courts OK (Again) Settlers’ Mass Displacement of Palestinians from Silwan, Eviction Notices Issued to 8 Palestinian Families
2. Har Homa E Settlement Plan Approved for Deposit
3. High Court Rules Against Ottoman Land Registration Laws, Paving Way for More Retroactive Legalizations and Presaging Ugly Land Registration Battle
4. Planning Committee Rejects Appeal Against Overtly Political Hebron Elevator Project
5. Likud Minister Calls For Israel to Enforce “Symmetry” of Construction in Area B + C of West Bank
6. Benny Gantz Make Clear His Support for Retroactive Legalization of Outposts on “State Land”
7. Bahrain: No Annexation. Also Bahrain: Settlements Are Israel
8. Aid to Amb. Friedman Appointed to Key Post, Will Stay In Control of U.S. Normalization Programs
9. Bonus Reads

Questions/Comments? Email Kristin McCarthy (kmccarthy@fmep.org).

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Israeli Courts OK (Again) Settlers’ Mass Displacement of Palestinians from Silwan, Eviction Notices Issued to 8 Palestinian Families

On November 30th, eight Palestinian families (45 individuals) received eviction notices ordering them them to vacate their longtime family homes as early as December 18, 2020, and if they do not they may be forcibly removed by Israeli forces any time between December 18, 2020-January 1, 2021. Ir Amim reports that the families intend to appeal to the Israeli Supreme Court, but there is no guarantee that the Court will agree to hear the case.

The issuance of eviction notices follow two significant court rulings on cases in late November 2020. In both cases, Israeli courts sided with the Israeli settler group Ateret Cohanim in seeking the eviction of a total of eight Palestinian families (45 individuals) from their long time homes in the Batan al-Hawa section of Silwan, located on the southern slope just outside of the Old City in East Jerusalem. The rulings further consolidate growing Israeli case law recognizing Ateret Cohanim as the legal owner of a significant amount of land in Silwan (and the buildings on it), entitling the group to pursue the eviction of as many as 700 Palestinians who in many cases have lived on that land for generations. If executed, this would be the largest displacement of Palestinians from East Jerusalem since 1967.

Ir Amim explains:

“The Ateret Cohanim settler organization is waging one of the most comprehensive state-backed settler takeover campaigns in East Jerusalem through initiating mass eviction proceedings against Palestinian families in Batan al-Hawa. Eighteen families have already lost their homes with over 80 other households facing eviction demands, placing some 600-700 individuals of one community at risk of displacement.  See Ir Amim’s and Peace Now’s joint report, “Broken Trust” for further details and analysis.

Peace Now said:

“This is an attempt to displace a Palestinian community and to replace it with an Israeli one, in the heart of a Palestinian neighborhood in East Jerusalem. The settlers could not have succeeded without the Israeli authorities’ close support and assistance. In addition to the hard blow to the prospects for a two-state solution by preventing a Palestinian capital in East Jerusalem, this is an injustice and an act of cruelty to throw out families who have lived lawfully in their homes for decades. For every dunam in East Jerusalem that was owned by Jews and had been lost in the 1948 war, there are tens of thousands of dunams in Israel that were owned by Palestinians who lost them in the 1948 war. The settlers’ demand to disposes the Palestinians based on pre-1948 ownership is a strategic threat on the moral justification of hundreds of thousands of Israelis living on lands that were owned by Palestinians.”

As a reminder, Ateret Cohanim has waged a years-long eviction campaign against Palestinians living in Silwan, on property the settler NGO claims to own. This claim is based on Ateret Cohanim having gained control of the historic Benvenisti Trust, which oversaw the assets of Yemenite Jews who lived in Silwan in the 19th century. Palestinians have challenged the legitimacy of the Benvenisti Trust’s claims to the currently existing buildings, saying that the trust only covered the old buildings (none of which remain standing) and not the land. Israeli Courts have continued to rule in support of Ateret Cohanim’s claims and against Paelstinians who have been living there for decades. Taking a different approach, in June 2020 Palestinians filed a new petition challenging the legality of the functional operations of the Trust/Ateret Cohanim, asserting that Ateret Cohanim is using the Benvenisti Trust as nothing more than an (illegal) front for displacing Palestinians, pointing out that the trust does not have a separate organizational structure, bank account,  lawyer, or accountant – and that Ateret Cohanim has folded the operations of the trust into its own operations and there is no distinction between the management or assets of the two entities.

As a reminder, in 2001 the Israeli Charitable Trust Registrar granted Ateret Cohanim permission to revive the trust and become its trustees, (following 63 years of dormancy). In 2002, the Israeli Custodian General transferred ownership of the land in Batan al-Hawa to the Trust/Ateret Cohanim. Since then, Ateret Cohanim has accelerated its multifaceted campaign to remove Palestinians from their homes, claiming that the Palestinians are illegally squatting on land owned by the trust. 

Har Homa E Settlement Plan Approved for Deposit

As expected, the Jerusalem District Planning Committee approved for deposit for public review the Har Homa E settlement plan which provides for the construction of 540 units on an open area of land which will significantly expand the Har Homa settlement to its west, tightening the noose around the Palestinian neighborhood of Beit Safafa in East Jerusalem.

The plan has been approved for deposit but as of this writing not yet deposited; Ir Amim predicts the Committee will deposit the plan in short order in light of the impending U.S. presidential transition. Once deposited, a sixty day comment period begins after which the Committee can reconvene to issue final approval for the plan. Ir Amim writes:

“As demonstrated by the swift developments in plans for Givat Hamatos and Har Homa E, it is likely that Israel will continue to exploit this narrow window of time before the US presidential inauguration to advance further measures the Biden administration is anticipated to oppose, including advancements in the E1 area.”

The plan for 570 units currently set for deposit represents the first detailed plan under a much larger Master Plan for Har Homa E, which involves a total of 2,200 units. Plans to build the remaining units permitted under the Master Plan are not yet being advanced.

The construction in Har Homa E will solidify a continuum of Israeli settlement construction within the southern perimeter of East Jerusalem – from Har Homa, to Givat Hamatos, to Gilo – detaching East Jerusalem from Bethlehem and completing the encirclement of the Palestinian East Jerusalem neighborhood of Beit Safafa.

High Court Rules Against Ottoman Land Registration Laws, Paving Way for More Retroactive Legalizations and Presaging Ugly Land Registration Battle

On December 1st, the Israeli High Court of Justice issued a ruling that provides yet another basis on which the State is permitted to grant retroactive legalization to outposts and settlement structures built on Palestinian land in the West Bank. The ruling also, and perhaps even more significantly, establishes the Court’s willingness to sidestep Ottoman and Jordanian land registration practices when deciding land ownership claims (which since 1967 Israel has recognized as applicable in the West Bank and East Jerusalem) . This latter fact is particularly alarming given Israel’s reported intention to begin a new land registration process in the West Bank and East Jerusalem.

The specific case before the Court related to structures in the Kochav Yaakov settlement built on land that was declared to be “state land” by Israel in 2013. Palestinians petitioned the Court to reverse the state land declaration, arguing that they are the rightful owners of land. Their ownership claims are based on their having cultivated the land for at least ten years prior to 1967, and the fact that they were in the process formally registering their ownership of that land through the Jordanian real estate registration procedure – a procedure that was frozen by Israel shortly after it occupied the West Bank. 

The lawyer representing the Kochav Yaakov settlement, Harel Arnon, argued that the Court should care more about what has happened on the land since the Jordanian land registration process was frozen, not on what existed at the moment the law was frozen. This argument, by design, favors the settlements and the settlers, who have been able – with the backing of the state and the permission of the Courts – to illegally establish settlements and outposts while also preventing Palestinians from accessing their land.

Rejecting the significance of the Palestinians’ attempt to register their ownership of the land under Jordanian law (which was still in process and not complete at the time the process was frozen by Israel), the Court ruled on the basis of aerial photos which showed the land was not cultivated between 1969-1980. The ruling punishes Palestinians who, having cultivated land during the period before Israel’s occupation of the West Bank, did not (and likely could not) continue to cultivate that land following the 1967 war.  It establishes a new legal precedent according to which Palestinians who established land ownership under Ottoman law through the cultivation of that land for 10 years, can now have that ownership declared “lost” if they have subsequently left the land uncultivated for three or more years.

Shlomi Zacharia, a lawyer from Yesh Din that is representing the Palestinian petitioners, explained:

“The ruling offers a wide opening for a huge takeover of Palestinian land, and in effect this is a cancellation of Jordanian regularization procedures, just at a time when Israel is interested in renewing regularization procedures. The ruling contradicts itself on numerous points, and fails to address the huge complexity of the issue, certainly in light of the fact that the area is occupied territory. The undermining of Palestinian rights, with an emphasis on absentees, but not exclusively, is major, and it is evident that the court is aware of that but chooses nevertheless to approve a practice that already four decades ago was ruled illegal.”

After the court decision on Tuesday, Israel was reportedly planning to legalize two additional outposts, Netiv Ha’avot and Sde Boaz, as well as structures in as many as 20 settlements, using the same legal basis.

The Netiv Ha’avot outpost, in particular, has a long history of being at the forefront of Israel’s hand-wringing over its desire to retroactively legalize even outposts clearly built on land that even Israel recognizes is privately owned by Palestinians. See Peace Now’s comprehensive recap of the Netiv Ha’avot saga, in addition to FMEP’s reporting.

Planning Committee Rejects Appeal Against Overtly Political Hebron Elevator Project

On November 19th, the Israeli Civil Administration’s High Planning Council rejected two appeals against a plan to build accessible infrastructure, including an elevator, at the Ibrahimi Mosque/Tomb of the Patriarch in Hebron — a plan which requires Israel to seize land from the Islamic Waqf. The Israeli NGO Emek Shaveh, which was behind one of the rejected petitions, raised several objections to the plan’s archeological and planning deficits. The Palestinian Municipality of Hebron submitted a second objection (now rejected) citing how the plan and Israel’s advancement of it violates agreements signed by Israel relating to governance and planning in Hebron. 

Emek Shaveh announced that it will not pursue further legal appeals against the plan, citing the consequences of a law passed by the Knesset in July 2018 which brought West Bank land disputes under the domestic jurisdiction of the Jerusalem District Court. Before the passage of that law (and since 1967), the court of first jurisdiction for cases related to Palestinians living in the West Bank — such as cases in which Palestinians want to challenge State actions (and inactions) regarding planning and construction, travel permits, freedom of information, and freedom of movement — was the Israeli High Court of Justice, reflecting the extraordinariness of Israeli judges issuing extra-territorial legal rulings. The 2018 law stripped Palestinians of this direct avenue to the High Court of Justice and compelled Palestinians living in the West Bank to file petitions with the Jerusalem District Court. The High Court of Justice now only hears Palestinians’ cases on appeal from the district court, adding more time and higher costs to any potential appellant. In a statement, Emek Shaveh said that it fears that if it brings this specific case to the Jerusalem District Court – which has a clear pro-settlements bent, openly manufactured by former Justice Minister Ayelet Shaked – it risks setting a “dangerous precedent for building at holy sites.”

Emek Shaveh further said:

“Following a prolonged process which revealed that the plan to build a lift at the most important ancient site in the West Bank was approved without serious attention to the historical, archaeological, and architectural aspects, the Civil Administration has decided to approve the plan. The frequent statements by politicians that they had instructed the planning bodies and the Civil Administration to approve the plan as soon as possible, and the speed of the approval process do not leave any room for doubt that political motivations were driving of this decision. The decision to violate the status quo of the fragile arrangements between Israel and the Palestinians may have long-term implications. Unfortunately what happens in Hebron does not remain in Hebron. Often, the dynamics at the Tomb of the Patriarch correspond with developments at the Temple Mount/Haram al-Sharif in Jerusalem. The approval of the plan and the involvement of politicians in the planning processes could constitute a precedent that will impact other sites. We have looked into our legal options and decided not to pursue a petition to the Jerusalem District Court. In the past, petitions pertaining to the West Bank were discussed at the High Court of Justice, but this is no longer the case. It is our understanding that a hearing at the Jerusalem District Court will not improve our chances of reversing the plan and may even create a dangerous precedent for building at holy sites.”

Benny Gantz Make Clear His Support for Retroactive Legalization of Outposts on “State Land”

Two noteworthy events over the past week have led Israeli Defense Minister Benny Gantz (Blue & White) to clarify his position with respect to support for granting retroactive authorization to some of the 124 outposts and settlement structures that were built without Israeli authorization. The events highlight a growing division within the Blue & White Party, which was previously seen as representing a liberal-centrists ideology within the currency (crumbling) coalition government.

First, on November 25th, Israeli Community Affairs Minister Tzachi Hanegbi (Likud) announced that he is working with Blue & White Defense Ministry official Michael Biton to prepare a government decision to grant authorization to the outposts. Hanegbi’s insinuation that Blue & White is advancing a plan to issue a broad authorization for illegal outposts elicited a contradiction from Biton, who quickly distanced himself (and his party) from Hanegbi’s comments, insisting that he would only consider a decision that has the support of Israeli Attorney General Avichai Mandelblit and that Hanegbi did not coordinate the announcement of that project with him.

Following that incident, Israeli Minister of Diaspora Affairs Omer Yankelevich (Blue & White) caused even more controversy when she not only offered her support for the retroactive authorization of settlements to a crowd of pro-settlement protestors, but also told the protestors – who were gathered outside of the Prime Minister’s office to push for outpost regulation –  that Benny Gantz supports the move as well. 

Yankelevich’s comments resulted in a discussion of the matter at the recent Blue & White faction meeting, during which Gantz reportedly clarified for members of his party that he only supports granting retroactive legalization to outposts built on “state land.” Gantz also said that Michael Biton’s work concerns sorting out what outposts are built on state land and which have more complicated land ownership claims (i.e., outposts built on land that even Israel has been forced to recognize is privately owned by Palestinians).

The statements and reports about Blue & White party members over the past week suggest that Gantz’s party has lined up behind the position of Attorney General Avichai Mandleblit (known as “market regulation”) which is not as sweeping as most settlers would like to see, but nonetheless stands to see some 2,000 illegal structures magically become legal.

Adding to the crescendo of voices pushing for Netanyahu to act on outpost legalization, longtime right-wing settlement supporter and Yamina party leader Naftali Bennett called on Netanyahu to issue the approval swiftly. Politically, Bennett is on the ascent according to Israeli public polling, and is predicted to gain seats for his right wing alliance if new elections are indeed held. Clearly politicizing his position, Bennett said:

“There are more than 60 fledgling settlement communities…The Prime Minister promised in public to apply sovereignty over every settlement, but in practice hasn’t extended sovereignty over a single inch [of Judea and Samaria]….Don’t be afraid. They tried to scare me off of approving the establishment of a new neighborhood in Hebron, but I made the decision, ending 20 years of a building freeze. We are currently in a window of opportunity that will be closing. For years we heard all sorts of excuses. But the truth is, the decision is up to the prime minister.”

Likud Minister Calls For Israel to Enforce “Symmetry” of Construction in Area B + C of West Bank

During a tour of Area C in the West Bank – where settlers and their allies allege that the Palestinian Authority is orchestrating a brilliantly effective campaign to “steal” land from Israel – Likud MK and former Mayor of Jerusalem Nir Barkat said that Israel should not only undertake a concerted effort to stop Palestinian construction in Area C but should enforce “symmetry” in Area B construction as well, enabling equal construction by settlers and Palestinians. 

As a reminder, Area B (in which Israel retains security control, but the Palestinians have civilian control) makes up some 21% of the West Bank; Area C (in which Israel retains full control) accounts for around 60% of the West Bank. In effect, Barkat is calling for Israel to treat Area B the same as it treats Area C — that is, to assert settlers’ right to build on fully 81% of the West Bank (meaning all of the West Bank except Area A, the 18% of the West Bank comprised of the narrowly-defined built-up area of Palestinian cities and adjacent villages). 

Barkat said:

“Today’s tour showed me that we need to perform a large series of actions to make sure that in the open areas, both in Area C and in Area B and in Judea and Samaria in general, there is symmetry between the activities we do and those of the Palestinians. It cannot be that one side blatantly builds in the open spaces and the other side converges inward into the settlements. This is unthinkable. In Jerusalem I was very strict about symmetry. What is good for Jews is good for Arabs. When you go up here you can also go up there. This symmetry is the key to success in looking ahead. I’m glad I was here today on the tour. I’m happy about the determination and what I saw. I will do everything I can with the tools I have, to see how they take the plan I made, the Barkat development plan for two million people for settlement. On this plan should now be added a second phase. Make sure the open spaces aren’t no man’s land. That Israelis and Palestinians use it appropriately – either no one uses or both sides use it symmetrically. This will be a key to what we need to do going forward.”

Bahrain: No Annexation. Also Bahrain: Settlements Are Israel

In a not-so-surprising yet shocking announcement, a senior Bahraini official announced that Bahrain will not differentiate between Israel and its settlements, in effect recognizing Israeli sovereignty in the West Bank. The Bahraini announcement – which relates to how Bahrain will require Israel to label goods imported into the country – follows the significant shift in U.S. policy on labelling a few weeks ago. With respect to settlement products, Bahraini Industry, Commerce and Tourism Minister Zayed bin Rashid Al Zayani said: 

“we will recognize them as Israeli products. And all Bahraini products, hopefully, will be recognized in Israel as Bahraini products. I don’t see, frankly, a distinction on which part or which city or which region it was manufactured or sourced from.”

Efrat settlement leader Oded Revivi rejoiced at Bahrain’s support for settlements, saying:

“Now we must adopt this view with our neighbors within and without Israeli borders. Buying products from Judea and Samaria strengthens the joint industrial areas, brings together cultures and actually strengthens peace. This is a message to Israelis and the world.”

Aid to Amb. Friedman Appointed to Key Post, Will Stay In Control of U.S. Normalization Programs 

Rabbi Aryeh Lightstone – who has served as a key aide to Ambassador David Friedman – has been installed as the Director of the Abraham Fund, a new investment fund that is the direct outgrowth of the normalization agreement signed by the U.S, Israel, and the UAE. Prior to serving in government, Lightstone was a prominent fundraiser for the radical far-right, proto-fascist Israeli group Im Tirtzu. Im Tirtzu makes it its business to attack and smear human rights organizations, accusing groups like the New Israel Fund and Breaking the Silence (and the individuals who work there) of being anti-Israel and seeking to defund them.

The fund is supposed to serve as the vehicle by which the U.S. advances business ties and investments between Israel, the U.S., and the Arab world – and has already raised $3 billion. The Fund, according to JTA, has been directly attached to the U.S. International Development Finance Corp (DFC), the U.S. government’s development bank. The relationship between the Fund and the DFC has already alarmed at least one Democratic Senate aide, who told JTA that the DFC must act in a strictly non-political manner, whereas the Abraham Fund is already engaging in highly political issues with its first project devoted to “modernizing” checkpoints across the West Bank.

JTA reports that Democrats in Congress are alarmed at Lightstone’s appointment to this post because it is a career government role, not a position which can be easily replaced by the incoming Biden Administration. Lightstone’s leadership at the Abraham Fund is clearly an effort to ensure that the Trump Administration’s legacy of pro-settlement, pro-annexationist policies will continue to be a part of how the U.S. will engage the region.

Bonus Reads

1. “Trump administration to name political appointee with ties to Israel’s right wing to Middle East development post” (JTA)
2. “Inside Trump and Netanyahu’s ‘end of season’ settlement bonanza” (+972 Magazine)
3. “Israel and PA push for control of West Bank’s Area C via land registration” (Jerusalem Post)
4. “Eight climate activists arrested in protest against new West Bank industrial zone” (+972 Magazine)
5. “Palestinians voice concern over new colonial settlement in Hebron’s Old City” (Wafa)
6. “Jerusalem cable car taken to Israel’s highest court” (Al-Monitor)
7. Would Trump Recognize Israeli Sovereignty in East Jerusalem? – analysis” (Jerusalem Post)
8. “Trump-Heights settlement in Golan here to stay” (Al-Monitor)
9. “A Life Exposed: Military invasions of Palestinian homes in the West Bank” (Yesh Din, Physicians for Human Rights – Israel, Breaking the Silence)

Welcome to FMEP’s Weekly Settlement & Annexation Report. To subscribe to this report, please click here.

November 20, 2020

1. Final Days of Trump Admin, Part 1: Historic Shifts in US Settlements Policy
2. Final Days of Trump Admin, Part 2: Full Steam Ahead on Givat Hamatos Settlement
3. Final Days of Trump Admin, Part 3: Israel Expected to Advance Har Homa E Settlement Plan
4. Final Days of Trump Admin, Part 4: Israel Set to Start Process of Land Registration in East Jerusalem
5. Final Days of Trump Admin, Part 5: Settlers Push to Re-Establish Abandoned Settlements in Northern West Bank
6. Final Days of Trump Admin, Part 6: Bibi Seeks U.S. OK for More Settlement Projects, Settlers Push for Outpost Authorization
7. Israeli Education Minister Celebrates New Settlement Yeshiva
8. IDF Pays for Use of Yeshiva After Settlers Destroy Army Base
9. Impending Sheikh Jarrah Evictions
10. Bonus Reads

Questions/Comments? Email Kristin McCarthy (kmccarthy@fmep.org).

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Final Days of Trump Admin, Part 1: Historic Shifts in US Settlements Policy 

U.S. Secretary of State Mike Pompeo landed in Israel on November 19th for a two-day visit in which he made history with respect to U.S. support for settlements, delivering a series of extraordinary (though entirely predictable) victories to Israeli settlements and Israel’s Greater Israel pro-annexation movement. 

First, Pompeo became the first U.S. Secretary of State to visit the Israel-occupied Golan Heights since the Trump Administration recognized Israeli sovereignty there in March 2019, . 

Second, Pompeo became the first U.S. Secretary of State to visit a West Bank Israeli settlement, in a visit publicly framed as establishing the legitimacy of settlements. Pompeo’s visit to the Psagot Winery – located near Ramallah – flouted international law and international consensus, which views Israel’s settlement enterprise as illegal [for a deep dive in the history of the Psagot settlement and the significance of Pompeo’s visit – check out this FMEP podcast with Dror Etkes, Fadi Quran, and Lara Friedman]. 

Third, in conjunction with his visit to the Psagot Winery settlement, Pompeo announced new U.S. guidelines that require products made in all areas under Israeli control to be labelled as “Made in Israel” (or iterations thereof) when being exported to the U.S. This is a massive and highly consequential shift in U.S. policy that offers recognition of Israeli sovereignty not only over settlements (as the Trump Administration has previously done) but over all of Area C – some 60% of the West Bank. The announcement was urged on by a group of four Republican Senators ahead of Pompeo’s trip. The policy, which if focused on territory, not people, would require even Palestinian-made goods originating from villages in Area C to be labelled as “Made in Israel”. Roughly 150,000 Palestinians live in Area C, where they are subjected to an escalating Israeli campaign to make life untenable for them via discriminatory planning policies and demolitions. 

Laying out the new policy, the State Department issued a statement saying:

“Today, the Department of State is initiating new guidelines to ensure that country of origin markings for Israeli and Palestinian goods are consistent with our reality-based foreign policy approach.  In accordance with this announcement, all producers within areas where Israel exercises the relevant authorities – most notably Area C under the Oslo Accords - will be required to mark goods as ’Israel’, ’Product of Israel’, or ‘Made in Israel’ when exporting to the United States.  This approach recognizes that Area C producers operate within the economic and administrative framework of Israel and their goods should be treated accordingly.  This update will also eliminate confusion by recognizing that producers in other parts of the West Bank are for all practical purposes administratively separate and that their goods should be marked accordingly.”

Pompeo made this announcement following his visit to the Psagot winery – which not only named a vintage after Pompeo but has also been at the center of Israel’s global effort to push nations to treat Israeli settlements as indistinguishable from sovereign Israeli territory, with the winery involved in international legal battles over how Israeli businesses located in the settlements are required to label their products. U.S. labelling requirements will now stand at odds with European policy on the matter, which requires differentiation between products made in Israel and products made in settlements. 

As part of the major change in U.S. labelling policy, Pompeo also changed how Palestinian-made products (produced in Areas A & B, and in the Gaza Strip) must be labelled, replacing the “West Bank/Gaza” label with separate “West Bank” and “Gaza” labels – another symbolic move laced with antagonism towards Palestinian rights and national aspirations. The change also contradicts the Oslo Accords, under which the Gaza Strip and West Bank are to be treated as a single territorial entity. The U.S. State Department statement on the labelling policy reads:

“We will no longer accept ’West Bank/Gaza’ or similar markings, in recognition that Gaza and the West Bank are politically and administratively separate and should be treated accordingly.”

Fourth, in a press conference alongside PM Netanyahy, Pompeo announced that the U.S. holds the “global BDS campaign” to be anti-Semitic, and said that the U.S. will “immediately take steps to identify the organizations that engage in hateful BDS conduct and withdraw US government support from such groups.” Pompeo called BDS a “cancer.” This is particularly relevant to settlement and annexation watchers because the new U.S. designation makes no distinction between boycotts aimed at Israel and boycotts limited to Israeli settlements – yet another legal step towards offering official U.S. recognition of Israel’s annexation of the settlements. It had previously been reported that the U.S. State Department were preparing to label Human Rights Watch, Oxfam, and Amnesty International as anti-Semitic organizations, based on the IHRA definition of anti-Semitism.

Fifth, under the protection of a large Israeli security escort, Pompeo visited the Elad settler organization’s archeological projects in the City of David, an Israeli national park which was declared on top of the Palestinian neighborhood of Silwan, located right outside of the walls of the Old City of Jerusalem. Under Elad’s direction, and with the support of the Israeli government and the Trump Administration, archeology is being weaponized to erase the historic memory and the modern presence of Palestinians, while emphasizing the Jewish heritage at that site. At the same time, settler organizations including Elad and Ateret Cohanim are battling to implement the mass eviction of Paelstinians from their longtime homes in Silwan.

Israeli NGO Emek Shaveh – a group of expert archaeologists – previously explained:

“The use of archaeology by Israel and the settlers as a political tool is a part of a strategy to shape the historic city and unilaterally entrench Israeli sovereignty over ancient Jerusalem. It is a process which is likely to produce devastating results for both Israel and the Palestinians.  It is inexcusable to ignore the Palestinian residents of Silwan, carrying out extensive excavations of an underground city and to use such excavations as part of an effort to tell a historic story that is exclusively Jewish in a 4,000 year-old city with a rich and diverse cultural and religious past.”

And in a piece entitled “Israel Is Using Archeology To Erase Non-Jewish History,” Emek Shaveh further explained:

“The exploitation of archaeology in Jerusalem has been spearheaded by the Elad Foundation, a group of settlers turned archaeology entrepreneurs, who are using ancient sites to take over land and shape the historical narrative. Elad, which emerged 30 years ago with a mission to settle Jews in Palestinian homes in the neighborhood of Silwan, manages the popular archaeological park, the City of David. Visitors to the site are treated to a heavily biblical narrative where discoveries that resonate with the story of King David or the Kingdom of Judea are highlighted. The fact the archaeologists dispute the evidence of a kingdom in the 10th century BCE often goes unmentioned. Furthermore, not many of the half a million people who visit the park annually know about life in the Palestinian neighborhood since Elad arrived on the scene. They will probably never hear about how Elad took over 75 homes in the neighborhood, or closed off virtually the last of the public areas used by the residents and annexed it to the archaeological park. With an annual budget of approximately 100 million shekels, the Elad Foundation now commands several excavation projects in the City of David, including tunnels along an ancient Roman street, which it is marketing as a Second Temple era pilgrims’ route to the Temple. It has recently branched out to establish new projects within the Old City and in other areas throughout the Historic Basin. But Elad couldn’t have done it on their own. If at first they were greeted with mistrust by the authorities in the 1990s, today they have an open door to many government agencies and ministries. From the Israel Antiquities Authority, which is in charge of most of the excavations at the City of David, and the Nature and Parks Authority, which subcontracted Elad to run the site, to the minister of tourism, who is aggressively advancing a cable car to link West Jerusalem to the City of David, to the mayor of Jerusalem, the government and all the relevant agencies are committed to the project of shaping a large tourist zone dedicated to the First and Second Temple periods.”

Final Days of Trump Admin, Part 2: Full Steam Ahead on Givat Hamatos Settlement

On November 15th, the Israel Land Authority published the long-feared/long-awaited (depending who you are) tender for the construction of the Givat Hamatos settlement in East Jerusalem. The tenders provide for the construction of 1,257 settlement units, which is about 200 units more than expected. The tender is set to close for bids on January 18, 2021 – exactly two days before the inauguration of President-elect Joe Biden. In a carefully worded statement to the press, Netanyahu acknowledged that the publication of the Givat Hamatos tender had been coordinated with the Trump Administration (but not the Biden transition team).

Terrestrial Jerusalem writes:

“The decision to proceed with the construction of Givat Hamatos is the most defiant and inflammatory settlement move in recent memory, and should be treated as such. The construction of Givat Hamatos will create a buffer, contributing to an effective seal between East Jerusalem and Bethlehem. In addition, Givat Hamatos will, for the first time, completely surround an East Jerusalem neighborhood, Beit Safafa, with Israel construction, making the implementation of the Clinton parameters in East Jerusalem impossible.  Givat Hamatos will have a devastating impact on the very possibility of a future two-state outcome.”

Ir Amim writes:

“The opening of the tender significantly decreases the potentiality to effectively block Israeli building in the area. Concerted opposition and pressure to freeze the tender is therefore vital in this limited window of time. If carried through, Givat Hamatos would become the first new settlement in East Jerusalem in 20 years. Located in a particularly strategic area, Givat Hamatos (along with Har Homa E and E1) has constituted a longstanding international red line due its impact on the prospects of a viable two-state framework with two capitals in Jerusalem. By creating a contiguous Israeli built-up area between the existing settlements of Gilo and Har Homa, construction in Givat Hamatos will serve to seal off the southern perimeter of East Jerusalem from Bethlehem and the southern part of the West Bank, while isolating the Palestinian neighborhood of Beit Safafa. The next two months in lead-up to the change in the US Presidential Administration will be a critical period. We believe that Israel will attempt to exploit this time to advance moves that the incoming administration will potentially oppose. It is crucial that the international community remain vigilant.”

Peace Now writes:

“Construction in Givat Hamatos will severely hamper the prospect of a two-state solution because it will ultimately block the possibility of territorial contiguity between East Jerusalem and Bethlehem–the main Palestinian metropolitan area–and will prevent Palestinian Beit Safafa from connecting with a future Palestinian state…The meaning of the publication of the Tender Booklet is that now the tender is open for bids and contractors may submit their proposals to win the right to build the units in Givat Hamatos. The final day for submitting the proposals is January 18th, 2021, three days before the change in the US administration…This is a major blow to the prospects for peace and the possibility of a two-state solution. This Netanyahu-Gantz government was established to fight the coronavirus but instead it is taking advantage of the final weeks of the Trump administration in order to set facts on the ground that will be exceedingly hard to undo in order to achieve peace. This tender can still be stopped. We hope that those in this government who still have some sense of responsibility for our future will do what they can to cancel the tender before bids are submitted.”

Nabil Abu Rudeineh, the spokesman for President Mahmoud Abbas, said: 

“Israel is trying to benefit from the unlimited support of the current U.S. administration, which has provided it with all possible support for the sake of settlement expansion and the takeover of more Palestinian lands.”

PA Prime Minister Muhammed Shtayyeh said in a statement:

“There appears to be an escalating and intensive assault plan for the next 10 weeks in a race against time to create a new fait accompli before Donald Trump leaves the White House on January 21. We look with concern at the frequent reports about new colonial settlement projects in Arab Jerusalem and the West Bank, which aim to encircle and stifle the Palestinian Arab neighborhoods and prevent interaction between them and the rest of the West Bank and to completely isolate the city of Jerusalem.”

International reaction to Israel’s decision to publish the tender for the construction of the Givat Hamatos settlement — long treated as a red line by the international community — was predictably tempered. Several foreign governments issued statements of “concern,” including Saudi Arabia, Germany, France, the UK, Russia, and Italy, in addition to statements from UN Envoy Nikolay Mladenov and European Union High Commissioner Josep Borrell. The United Nations General Assembly passed a resolution – by an overwhelming majority — calling on all governments to refrain from treating Israel’s settlements in the West Bank or East Jerusalem as part of sovereign Israeli territory. B’Tselem Director Hagai El-Ad urged European governments to move from words to action.

Meanwhile, a delegation of European Union representatives received a hostile greeting from right-wing settlement supporters organized by hardline Israeli NGO Im Tirzu when the delegation attempted to visit the site of the future Givat Hamatos settlement on November 16th. The diplomats’ caravan was actually chased off by the right-wing protestors, which included Jerusalem city councilman and settlement empresario Ariyehh King, who shouted “Go home, anti-Semites!” at the visiting EU diplomats.

Though many settlers celebrated the publication of the Givat Hamatos tender, settlers who are currently living in the area of Givat Hamatos remain skeptical that the government will actually follow through. It’s worth noting that the government has provided mobile homes to about 30 families who live in the Givate Hamatos hillside as squatters, having waited 30 years since the Givat Hamatos plan was given final approval for construction to happen. Wall-to-wall international opposition to the settlement plan deterred the Israeli government from publishing them.

MK Miki Zohar (Likud) celebrated the new tender in a tweet saying:

 “Now we can talk about it. Before the last elections, Prime Minister Benjamin Netanyahu promised me that he would publicize the building tender in Jerusalem’s Givat Hamatos; this neighborhood is in a strategic location between Beit Safafa and Hebron road. It important to build there in order to maintain a Jewish land continuum … We have a one-time opportunity these days to strengthen our hold in the land of Israel. I am sure that our friend, President [Donald] Trump, and Prime Minister Netanyahu will be wise enough to take full advantage of this opportunity.”

Final Days of Trump Admin, Part 3: Israel Expected to Advance Har Homa E Settlement Plan 

As anticipated in last week’s Settlement Report, the Israeli government has decided to press forward with a highly controversial and consequential plan to expand the East Jerusalem settlement of Har Homa westward, toward the site of the future Givat Hamatos settlement (discussed above). Ir Amim reports that on November 23rd, the Jerusalem District Planning Committee is scheduled to take up the plan for 570 new units – called Har Homa E – for the second time this year, and is expected to approve the plan for deposit for public review, one of the final steps before implementation.

Ir Amim warns: 

“The rapid advancement of this plan is indicative of the Israeli government’s intent to accelerate as many settlement construction projects as possible in East Jerusalem and its vicinity in the waning days of the Trump administration.”

The construction in Har Homa E will solidify a continuum of Israeli settlement construction within the southern perimeter of East Jerusalem – from Har Homa, to Givat Hamatos, to Gilo – detaching East Jerusalem from Bethlehem and completing the encirclement of the Palestinian East Jerusalem neighborhood of Beit Safafa.

The plan for Har Homa E was last discussed in September 2020, when the District Planning Committee signaled its support for approving the plan for deposit, but requested several amendments prior granting that approval. With the modifications made, the expectation is that the committee will now give its formal approval, setting off a period of 60 days during which the public can submit objections to the plan.

The plan for 570 units currently set for approval represents the first detailed plan under a much larger Master Plan for Har Homa E, which involves a total of 2,200 units. Plans to build the remaining units permitted under the Master Plan are not yet being advanced.

Ir Amim writes:

“Construction in Har Homa E will serve as another step in connecting the existing Gilo and Har Homa neighborhoods/settlements and create a contiguous Israeli built-up area along the southern perimeter of East Jerusalem. This will likewise detach Bethlehem and the southern West Bank from East Jerusalem while isolating the Palestinian neighborhood of Beit Safafa. In line with the new reality created by the Trump Plan and its unilateral recognition of Israeli sovereignty of East Jerusalem, these developments will constitute a major obstacle towards the future establishment of a Palestinian capital in the city and the prospect of a viable two-state framework.”

Final Days of Trump Admin, Part 4: Israel Set to Start Process of Land Registration in East Jerusalem

In an interview celebrating the publication of a tender for Givat Hamatos settlement project, Jerusalem Affairs & Heritage Minister Rafi Peretz connected the project to a larger Israeli effort to begin registering all East Jerusalem land in Israeli records, an effort which Peretz is spearheading. Al-Monitor reports that, as part of the Givat Hamatos project, the Israeli Finance and Justice Ministry’s acted swiftly to approve a budget, remove legal impediments, and finalize “financial compensation packages with the Palestinian land-owners” so that the land can be properly registered in Israeli government books.

Perez stated:

“The fact that almost all of the land in the eastern part of Jerusalem is not registered properly is something that should have been addressed a long time ago already. The plans that I have developed for registering land plots and properties have now been adopted by the various government ministries concerned, and once they are implemented, they will go a long way to improving the situation for the residents of these areas. A united Jerusalem is not a slogan – it’s a vision, and one that needs to apply to the eastern part of the city just as it applies to the west.”

The Israel-run process of registering ownership of land in East Jerusalem land will have far-reaching consequences for Palestinians, who have not had a formal legal avenue for registering land ownership with the Israeli government since East Jerusalem was annexed by Israel in 1967. Palestinians who wanted/needed to prove their land ownership were forced to rely on the “mukhtar protocol” — a procedure in which Palestinians in East Jerusalemites document/prove ownership by collecting signatures from local Palestinian leaders acknowledging that the land in question does, indeed, belong to them. This policy was developed by the Israeli government as an alternative to the formal land-registration process, which was frozen in East Jerusalem since 1967. 

In 2019, a mini-saga over the “mukhtar protocol” revealed the uphill battle facing Palestinians if formal registration proceeds. In March 2019, the Jerusalem Planning & Building Committee, at the urging of the Regavim settler group (acting with the clear goal of preventing Palestinian development and undermining Palestinian land ownership claims to land in the city), annulled the mukhtar protocol as a legally acceptable basis for establishing land ownership in the eyes of the Israeli government, putting Palestinian land ownership in East Jerusalem in limbo. The result: having no recognized means to prove their land ownership, Palestinians were prevented from building in East Jerusalem. One month later, the Israeli authorities reversed the decision and again recognized the mukhtar protocol, reportedly following appeals to Jerusalem Mayor Moshe Leon by a city council member.

This news about starting the land registration process in East Jerusalem comes only a few weeks after Israel was reported to be advancing plans to begin a process of land registration for Area C of the West Bank — a process that opens another door for Israel to seize more Palestinian land. The registration process in East Jerusalem is expected to have similar results.

Final Days of Trump Admin, Part 5: Settlers Push to Re-Establish Abandoned Settlements in Northern West Bank

A group of 100 settlers, including children, invaded and set up camp at the abandoned site of the Sa-Nur settlement in the northern West Bank in an attempt to pressure the government to allow them to re-establish the settlement, which the state dismantled as part its 2005 disengagement from Gaza. After the Israeli army arrived at the site to evict the trespassers, MK Miki Zohar (Likud) persuaded the settlers to abandon their illegal campsite and leave the area, with the promise of raising the issue of Sa-Nur’s re establishment directly with Netanyahu.

MK Zohar is a staunch supporter of reestablishing Sa-Nur, along with three other settlements in the area that were likewise dismantled by the Israeli government in 2005 (Homesh, Ganim, and Kadim). Zohar has participated in previous visits to the site to support the settlers’ bid, frequently accompanied by his Likud colleagues, including former Speaker of the Knesset Yuli Edelstein. In July 2018, the Israeli Cabinet had the opportunity to lend government backing to a bill that would have cancelled the 2005 disengagement and allowed the settlers to rebuild those settlements – but the Cabinet blocked the bill. The settlers and their allies are no doubt raising this issue now, at a time when it seems like the wildest wishes of the settler enterprise are being fulfilled one after another.

As a reminder, even though Israel evacuated the four settlements in the West Bank, the IDF issued military orders barring Palestinians from entering the areas, preventing Palestinians from taking control over the area and building there. At the same time, settlers have regularly entered the areas and even repeatedly built a yeshiva at the Homesh site.  

Final Days of Trump Admin, Part 6: Bibi Seeks U.S. OK for More Settlement Projects, Settlers Push for Outpost Authorization

In addition to the extraordinary settlement plans unleashed over the past two weeks, Israeli media reports that Prime Minister Netanyahu is seeking the blessing of the Trump Administration to push forward additional East Jerusalem settlement projects in the immediate future. Israel’s Kan News Radio reported that Netanyahu planned to raise the settlement projects with U.S. Secretary of State Mike Pompeo during his trip to Israel this week. With developments related to Givat Hamatos and Har Homa E making the news this week, we can speculate that Netanyahu might be asking specifically about the Atarot settlement plan (northern tip of Jerusalem) and/or the E-1 settlement plan (just east of Jerusalem) – as FMEP laid out last week.

Another possibility is, of course, outpost legalizations. Settlers and their allies in the Israeli government are continuing their campaign to pressure Netanyahu to grant retroactive authorization to all of Israel’s outposts and illegal settler construction across the West Bank before Trump leaves office. Since FMEP’s last reporting two weeks ago, the Israel Land Caucus has begun collecting signatures on a petition calling on Netanyahu to act immediately on this matter. According to the Times of Israel the petition states that the Knesset committee, which includes senior members of Netanyahu’s own Likud Party, is “united in the position that the regulation of young settlements must be done now…it is not fair, reasonable or responsible to leave the settlements without status and the tens of thousands of their residents deprived of their rights.”

Just this week Defense Ministry legal advisor Moshe Frucht stated that a government declaration authorizing the outposts is required prior to any actions that treat the outposts as legal communities – specifically rebuffing the request by settlers for the Defense Ministry to connect unauthorized outposts to Israeli state utilities. Frucht’s statement, combined with Netanyahu’s lack of action, enraged MK Bezalel Smotrich (Yamina) who sharply scolded Netanyahu’s top settlements advisor in a Knesset hearing this week.

Israeli Education Minister Celebrates New Settlement Yeshiva

Israeli Minister of Education Yoav Galant (Likud) attended the opening of a new religious school (yeshiva) in the Bruchin settlement, located in a finger of continuous settlements that extends from the 1967 Green Line to the Ariel settlement in the very center of the northern West Bank.

Making it clear that opening yeshivas is part of Israel’s entrenchment and expansion of settlements across the West Bank, Galant said at the event:

“I am delighted to be here in order to celebrate the inauguration of this new building for a yeshiva high school in Bruchin, together with my good friend Yossi Dagan, who has done so much to develop Jewish settlement in the Samaria region and specifically to advance the educational network here. This new building will serve all the students of the local communities and neighborhoods that have been established in the area in the last few years. I am deeply committed to promoting Jewish settlement in Judea and Samaria. As Education Minister, I will continue to do all I can to further settlement here, just as I did when I was Housing & Construction Minister – and, indeed, as I have done throughout my life. It’s time that we settled the entire Land, from the Jordan River to the sea. I hope that the students who come to learn here will be able to commence their studies this winter.”

IDF Pays for Use of Yeshiva After Settlers Destroy Army Base

The Times of Israel reports that Israel has agreed to pay the operators of a violent yeshiva associated with the Yitzhar settlement a sum of $118,750 (400,000 NIS) to cover the cost of the building’s use by security forces over the past six years.

In 2014, a mob of violent settlers stormed an army base near the Yitzhar settlement, leaving several officers wounded and destroying all military equipment at the site. After the attack, the IDF seized the yeshiva to use as a temporary base (since theirs was destroyed). It has continued to use the yeshiva since that time, and will now pay the settlers for the inconvenience.

Impending Sheikh Jarrah Evictions

Earlier this month, the Jerusalem Magistrate’s court notified four Palestinian families living in Sheikh Jarrah that they must vacate their longtime homes by November 24th, or else be forcibly evicted. One of those families is the Sabbagh family, whose legal struggle against Israeli settler groups has previously caught international attention and sparked weekly protests in Sheikh Jarrah to stop their eviction. 

The Sabbagh family has lived in their home for over 64 years, and have been battling the settler organization Nahalat Shimon for their right to remain in their home. Nahalat Shimon was awarded ownership rights of the Sabbagh’s house through the use of the “Legal and Administration Matters Law,” which allows Israeli Jews (but not Palestinians) to reclaim property lost/abandoned during the 1948 war. Nahalat Shimon managed to find the Jewish Israeli family who owned the home prior to the 1948 War and convinced that family to hand over their ownership rights.

Muhammed al-Sabbagh told the Middle East Eye recently:

“I know that the Israeli court will not do justice to me. They will not be on my side against Israeli settlers. But I will fight until the very end to protect my home where I grew up, the only safe haven for me and my family.”

Sami Ershid, the family’s lawyer, told Middle East Eye: 

“For years, these [families] wake up thinking what the court will rule against them. They live a life completely devoid of stability, thinking when they will be forcibly expelled from their homes. The [Israeli] goal is clear: to create a new settler neighbourhood on the rubble of their homes.”

Just Vision – who shared one Sheikh Jarrah family’s story in the docuseries “My Neighborhood,” said in an email drawing attention to these evictions:

“While the cases in Sheikh Jarrah are thinly veiled as a legal matter, the political motivations are clear. This latest round of evictions is part of a broader attempt by the Israeli state to forcibly displace Palestinians from their homes in East Jerusalem and the West Bank. The process is methodical and impacts thousands of lives on a daily basis. In the past month alone, Israel hid under the US election media frenzy to undertake the largest demolition of Palestinian homes and structures in a decade, and just yesterday, announced a new settlement, Givat Hamatos, that would effectively cut East Jerusalem off from Bethlehem. This all happens under the United States’ watch – subsequent US administrations have done little to hold the Israeli government to account, and the latest administration has given a carte-blanche for unjust activity like this.”

Bonus Reads

1. “Occupied Thoughts: “Pompeo in Psagot” ft. Fadi Quran, Dror Etkes, & Lara Friedman” (FMEP)
2. “Israel Impounds Palestinian’s Cows Grazing on Nature Reserve, Ignores Settlers’ Cows” (Haaretz)
3. “Israeli settlers in the West Bank confront the Biden reality and dig in for a fight” (Washington Post)

Welcome to FMEP’s Weekly Settlement & Annexation Report. To subscribe to this report, please click here.

November 13, 2020

1. Anticipating Biden, Part 1: Givat Hamatos Tender Expected Soon
2. Anticipating Biden, Part 2: Israel Rushes to “Legalize” Illegal Settler Construction
3. Anticipating Biden, Part 3: Israel Issues Permits for 96 Units in Ramat Shlomo Settlement
4. Anticipating Biden, Part 4: What Else Might Be Coming Down the Pike?
5. Pompeo To Visit Settlement, A First for a U.S. Secretary of State
6. Emek Shaveh on Status of Settler-Backed Tourism Projects in East Jerusalem
7. Normalization or Annexation? Settlers Go to UAE to Talk Business
8. Peace Now Reflects on Four Years of Trump
9. Bonus Reads

Comments/questions? Contact Kristin McCarthy (kmccarthy@fmep.org)

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Anticipating Biden, Part 1: Givat Hamatos Tender Expected Soon

Peace Now reports that Israel is on the precipice of publishing the tender for the construction of the Givat Hamatos settlement in East Jerusalem. The publication of the tender for 1,077 units in the approved-but-as-yet-not-started Givat Hamatos settlement has been delayed three times. Government sources have indicated to Peace Now that the tender will be published this week; a government official told Haaretz that the tender will be issued ahead of the swearing in of Joe Biden in January 2021. Upon Peace Now breaking this news, Ir Amim’s researcher Aviv Tatarsky visited the site of the future settlement and noted heavy machinery at work. A person at the site self-identified as a member of the Israel Antiquities Authority and told Tatarsky that the work being done was to check the area for antiquities (if antiquities are present at the site, it will delay/complicate any construction).

Givat Hamatos has long been regarded as a doomsday settlement by parties interested in preserving the possibility of a two-state solution, assuming that Jerusalem will need to be divided and shared. If the Givat Hamatos settlement is built, the Palestinian neighborhood of Beit Safafa in East Jerusalem will be completely surrounded by Israeli construction, severing its connection to the West Bank. 

Terrestrial Jerusalem – in addition to providing a detailed history of the Givat Hamatos settlement plan and a great explanation of the tender process – writes on the timing of this news:

“It is highly unlikely that the timing of this is unrelated to the complex and sensitive situation that exists after the US elections and before the inauguration of President Biden. The Trump administration has not objected to, and at times has been supportive of Israeli settlement expansion. Under the Trump Plan, all of Jerusalem, including Givat Hamatos, are destined to remain under exclusive Israeli sovereignty. The awarding of tenders in the interregnum between the Trump and Biden administrations would not augur an auspicious beginning to Netanyahu’s relation with the Biden administration. Still, Netanyahu seems to assume that what he can do this week (as far as DC is concerned) will be far more costly to him as of January 20. And if he succeeds with Givat Hamatos, the final approval of E-1 is much more likely.”

Ir Amim writes:

“Although there is yet no official announcement on the opening of bidding for the Givat Hamatos tenders, Peace Now’s information must be seriously taken into consideration. After years that Israel has been forced to stay construction on the new settlement of Givat Hamatos, these two months before the turnover of the US Presidential Administration will be a critical period. We believe that Israel will try to make the most of this time to advance motions that it believes that the incoming administration will oppose. Due to the sensitive nature of the site, the opening of the tender for Givat Hamatos is one of the first on the list of settlement construction that Israel is bound to advance.”

Anticipating Biden, Part 2: Israel Rushes to “Legalize” Illegal Settler Construction

Israeli Defense Minister Benny Gantz is spearheading an effort to expedite the retroactive legalization of at least 1,700 illegally built structures in settlements across the West Bank, including notoriously radical and violent outposts like Yitzhar. The other settlements and outposts reportedly slated to receive approvals from the Israeli government are Beitar Illit, Modi’in Illit, Maale Adumim, Ariel, Ateret, Halamish, Adora, and Otniel. The process of granting retroactive legalization to illegal construction both in settlements and in illegal outposts has been an ongoing effort from within and outside of the Bibi government for decades, and has adopted a renewed urgency during the Trump-Bibi era – especially now that Trump is poised to exit the White House in January 2021. In fact, Jerusalem Post reports that granting authorization to 70-100 outposts is at the top of the settlers’ lobbying agenda as the Trump days dwindle.

Gantz is reportedly working with his fellow Blue & White party member and Defense Ministry official Michael Biton to secure approvals for these illegal structures using the “market regulation” principle as a legal basis for doing so. As FMEP has documented, the “market regulation” principle (explained in detail here) is the brainchild of Israeli Attorney General Avichai Mandleblit, and it stipulates that illegal settler construction that was undertaken in “good faith” (i.e. without any involved parties having knowledge that the land upon which they built without permits was/is Palestinian land) is eligible for legalization. The 1,700 structures that Benny Gantz has reportedly identified as eligible are said to have been built by the settlers with the state’s support on land that was believed at the time to be “state land,” but was later discovered to be either owned by Palestinians or to fall outside the borders of state land declarations. Arutz Sheva suggests that there are no known claims by Palestinians on the land. [Reminder: as the occupying force in the West Bank, Israel has a duty to correctly record and protect land status, its failure to do so is now being used as a basis for which to strip Palestinians of their property rights in favor of the settlers].

While pushing for full authorization to be granted to all outposts and illegal settlement structures, settlers have also prepared additional policy options for Netanyahu should the clock run out on the Trump Administration’s pro-settlement posture (10 weeks and counting). For example, Netanayhu might consider issuing a government decision declaring that all outposts are legal in principle, irrespective of the details of each case, and leaving the means and process of retroactive legalization to be dealt with down the road (with the outcome predetermined). Another option the settlers suggest is to have Netanyahu allow all outposts to be connected to Israeli state utilities.

Anticipating Biden, Part 3: Israel Issues Permits for 96 Units in Ramat Shlomo Settlement

On November 10th, the Jerusalem Municipality issued building permits for the construction of 108 units in East Jerusalem settlement of Ramat Shlomo settlement. A municipality source told Kan radio that planning authorities are planning even more approvals for Ramat Shlomo ahead of Biden’s swearing in ceremony in January 2021.

Israel’s approval of new units in the Ramat Shlomo settlement carries a special connection to incoming U.S. President Joe Biden. The new building permits are part of a larger plan for 1,500 units in Ramat Shlomo (tenders for almost all of which have now been published that was announced by Israel in 2010, during a visit to Jerusalem by 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.”

Peace Now writes:

“A building permit is the last hurdle before construction can begin; after the plan is approved and the tender is completed, the winning contractors prepare detailed program for the construction of the buildings and they have to go through a bureaucratic permit procedure in the Jerusalem municipality. Normally the issuance of a building permit would not have reached the news, but because of the political sensitivity, and the special history of President-elect Biden with Ramat Shlomo, the issue made headlines. It is not impossible that there was someone who hurried to issue the permits right now, but it is possible that this was done in accordance with the normal pace of bureaucratic progress.”

Anticipating Biden, Part 4: What Else Might Be Coming Down the Pike?

Haaretz reports that Israeli authorities in Jerusalem  have been ordered to expedite the planning process for several East Jerusalem settlement projects (in addition to the Givat Hamatos and Ramat Sholomo settlement plans, detailed above). Included in the rush are reportedly orders to move quickly on plans for: 

1. The Atarot settlement. Israel’s plan to build the Atarot settlement in East Jerusalem can be approved for deposit for public review, having been introduced formally by the Israeli government in February 2020. The plan, which has been rumored since 2007, calls for up to 9,000 residential units aimed for ultra-Orthodox Jews (assuming, conservatively, an average family size of 6, this means housing form 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 huge Israeli enclave, surrounded by Palestinian East Jerusalem neighborhoods on three sides and Ramallah to its north. The settlement is slated to be built on the site of the now defunct Atarot airport, which is an important commodity and, during pre-Trump negotiations, was promised to the Palestinians for their state’s future international gateway. It is located at the northern tip of East Jerusalem next to the Qalandiya checkpoint – an area that the Trump Plan would be located entirely inside the state of Israel, and therefore subject to the complete control of Israeli authorities (the Trump Plan seems to suggest it would be the site for a Palestinian tourism zone).
2. The Har Homa E settlement. Israel’s plan to expand the Har Homa settlement to the east, via a plan called “Har Homa E” can also be approved for deposit for public review. The construction in Har Homa E would solidify a continuum of Israeli settlement construction along the southern perimeter of East Jerusalem, detaching East Jerusalem from Bethlehem and completing the encirclement of the Palestinian East Jerusalem neighborhood of Beit Safafa.

In addition, settler leaders are calling on Netanyahu to allow the Higher Planning Council – the body within the Israeli Defense Ministry which regulates all construction in the West Bank – to meet one final time in 2020. The High Planning Council could advance plans for thousands of settlement units across the West Bank through various stages. This could include – to the delight of settlers – a greenlight for the construction of the E-1 settlement on the eastern outskirts of Jerusalem. In March 2020, plans for the construction of the E-1 settlement were deposited for public review, and can now be given final approval by the High Planning Council (assuming that the comment period – normally only 60 days – is closed).

Long called a “doomsday” settlement by supporters of a two-state solution, construction of the E-1 settlement would cut 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 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.

Pompeo To Visit Settlement, A First for a U.S. Secretary of State 

Axios reports that U.S. Secretary of State Mike Pompeo is planning to visit the Golan Heights and the West Bank settlement of Psagot during his trip to Israel next week, which would make him the first Secretary of State to visit either the Golan Heights or a West Bank settlement. The visit, already being hailed by settler leaders, yet again conveys U.S. support for the legitimacy of Israel’s settlement enterprise, and Israel’s sovereignty over its settlements.

Pompeo is said to be planning a visit to the winery in Psagot which named a wine after him in celebration of the Pompeo Doctrine – the Pompeo announcement that erased decades of U.S. policy opposing settlements. The Psagot settlement also played host to the first time (known to the public) that U.S. Ambassador David Friedman visited a settlement, when he attended a wedding at the very same winery in May 2017. The Psagot Winery has been at the center of a broad global effort to push nations to treat Israeli settlements as indistinguishable from sovereign Israeli territory, with the winery involved in international legal battles over how Israeli businesses located in the settlements are required to label their products. Psagot Winery insists that it has a right to mark its products as “Made in Israel” (in effect asserting Israeli sovereignty over the settlements); and international actors including the European Court of Justice have ruled that the labels must accurately indicate that such products are made in the West Bank (i.e. outside of Israel’s borders). 

Palestinian Prime Minister Shtayyeh tweeted:

“We deplore US Sec. of State Mike Pompeo’s intent to visit the illegal settlement of Psagot, built on lands belonging to Palestinian owners in Al-Bireh city, during his visit to Israel next week. This dangerous precedent legalizes settlements & a blow to int’l legitimacy/ UN Res’s.”

The Psagot settlement is located just east of Ramallah, and was built with the support of the Israeli government, with the clear goal of restricting the potential growth the nearby Palestinian village of Al-Bireh. Haaretz, relying on the expertise of settlement expert Dror Etkes, explains the history of Psagot:

“Established in 1979 to compensate settlers for the withdrawal from Sinai required of Israel in the peace treaty with Egypt, one of the aims of Psagot was to stifle neighboring El Bireh. In 1967, the latter had a population of 8,000 spread over an area of 12,000 dunams (3,000 acres). Today its population is 82,000 – but its area has shrunk to about 10,500 dunams. At one spot, only 30 meters separate the crowded Palestinian city from the settler homes.  Etkes relates that Psagot was originally situated on a hilltop (psagot means peaks or summits in Hebrew) at a site that Israel had classified as state land. Treish explains that the land was purchased from its owners in 1965 by the city government of East Jerusalem, then under Jordanian control, for the construction of a summer resort for wealthy vacationers from Kuwait. The 1967 war, in which East Jerusalem came under Israeli control, torpedoed that plan, however, and thereafter the land became “the territories of [Jerusalem Mayor] Teddy Kollek,” in Treish’s words – or “state territory,” in Israeli settlement parlance. Over the years, Etkes notes, the original 140 dunams allocated to Psagot expanded to 655 dunams. Etkes has maps on his computer that show the takeover stage by stage – a brief history of dispossession – all of it, of course, under the auspices of the Israeli authorities, along with the addition of mobile homes, security barriers and so on. Land that had been part of the master plan of El Bireh became the Psagot settlement…Etkes tweeted, “The owners of the Psagot winery owe its success to several factors: to the IDF, which built the fence around Psagot; to the Civil Administration, which did not evict them; to the police, who did not place them on trial; to the billionaire Falic brothers [from Miami, Florida] who came in as partners in the winery; and to the Israel Water Authority, which allocated them tens of millions of cubic liters of water for irrigation.””

Palestinian Ambassador to the United Kingdom Husam Zomlot tweeted in reaction: 

“Unthinkable yet unsurprising. Israeli colonial settlements in occupied Palestinian territory are illegal before and after Pompeo’s visit. All the visit does is make the Trump administration complicit with war crimes.”

Emek Shaveh on Status of Settler-Backed Tourism Projects in East Jerusalem

Emek Shaveh has published a concise update on settler-backed tourism projects that are currently advancing in East Jerusalem. Aside from the cable car project (on which work is beginning, despite a pending court case), most of the projects detailed are not closely followed by the media, have not recently been in the news, or are not widely known about. The report covers progress on:

1. A cafe and cultural center in Abu Tor belonging to the Elad settler organization. The cafe opened in 2019, after Elad evicted a Palestinian family and renovated the space. Named “House in the Valley,” the cafe is uncoincidentally located adjacent to the site of a planned new pedestrian footbridge designed to expand Elad’s tourist infrastructure across the area. Specifically, that footbridge will connect Abu Tor (a mixed but segregated neighborhood) with Elad-run tourist sites and settler homes in the Palestinian Silwan neighborhood, located just outside the Old City’s Dung Gate, in the shadow of the Temple Mount/Haram Al-Sharif. Emek Shaveh reports that an Israeli court rejected a petition against the footbridge earlier this year.
2. New agricultural tourism projects on Palestinian land in the Ben Hinnom Valley.  Emek Shaveh reports that two weeks ago Israeli authorities announced plans to develop agricultural terraces in the area that mimic ancient farming practices (practices that Palestinians use to this day). This work is related to land that Israel had previously seized from Palestinians for “gardening purposes.”
3. Ateret Cohanim’s plan to build a “Yemenite Cultural Center” in Silwan. Emek Shaveh reports that Ateret Cohanim recently brought several organizations interested in competing to become the curator of the settler organization’s “Yemenite Cultural Center” on a tour of the building (i.e., a settler enclave masquerading as a heritage center). Ateret Cohanim is behind a campaign that could evict as many as 700 Palestinians from their homes in Batan al-Hawa, where the Center is located. Like many other properties in Silwan, Ateret Cohanim maneuvered, with the help of the Israeli government, to gain control of the building by reviving an ancient Yemenite land trust that owned the land centuries ago, and has since been pursuing the eviction of Paelstinians who have lived on that land for generations. The Israeli government allocated $1.2 million to the “Yemenite Cultural Center” project, which was launched in August 2018, even as Palestinians continued to challenge the legitimacy of Ateret Cohanim’s claim to the land.
4. Two Elad-Promoted Projects in East Jerusalem’s Peace Forest. Emek Shaveh reports that Elad is in the process of renovating a new tourism center that will serve as the starting point for the zip line project – also promoted by Elad – in the Peace Forest in East Jerusalem. Secondly, the Israeli Finance Ministry has reportedly agreed to finance the development of camping grounds in the Peace Forest. As a reminder, Israel has previously issued demolition orders to Palestinians  building on their own land in the area designated by Israel as the “Peace Forest,” even as it has re-zoned the area to accommodate settler projects.

As FMEP has explained, Elad and Ateret Cohanim – along with the whole of the Israeli government, which enables and promotes their efforts – have undertaken a politically and ideologically-motivated project to hide, marginalize, and erase the presence and history of East Jerusalem’s Palestinian population in and around the Old City. They have done so in large part by developing and controlling tourist attractions and infrastructure in the area. Those projects are designed to further entrench settler activities and tourism sites inside Silwan, while simultaneously delegitimizing, dispossessing, and erasing the Palestinian presence there. As a spokesman for Elad once proudly declared, “Our aim is Judaize East Jerusalem”),

Normalization or Annexation? Settlers Go to UAE to Talk Business

To the shock and dismay of Palestinians, the UAE played host to a delegation of Israeli settlers for discussions of commercial opportunities between the two parties. In so doing, the UAE has given legitimacy, as an Arab state, to the role that settlement businesses and industrial zones play (and will play) in the economy of the West Bank – something that entrenches the permanency and profitability of Israel’s occupation.

In the wake of the signing of the Abraham Accords, settler businesspeople have returned to proudly hawking their economic peace “coexistence” model, which purports that settlement businesses actually benefit Palestinians because they provide employment opportunities. In fact, settlers who are promoting business cooperation with the Palestinians — and now the Emiratis — are in fact promoting the normalization, entrenchment, and the rewarding of Israeli settlements, while perpetuating Israel’s economic exploitation of occupied territory and its population (including the local workforce, land, and other natural resources). 

Peace Now Reflects on Four Years of Trump

In a new report – entitled “Greenlighting De Facto Annexation: A Summary of Trump’s Impact on the Settlements“ – Peace Now takes a look at the totality of Israel’s de facto annexation of West Bank land over the past four years of the Trump Administration. The report’s main findings are:

• The number of plans promoted in the settlements increased 2.5 times compared to the previous four years – 26,331 housing units were promoted in the settlements in the years 2017-2020, compared to 10,331 housing units in the years 2013-2016.
• The number of tenders in the settlements doubled – tenders were published for 2,425 housing units in the settlements, compared with 1,164 housing units in the previous four years.
• Infrastructure and road projects were designed to add another million settlers – In recent years, the Israeli government has begun infrastructure and road projects designed to form the development axis for settlements with an investment of billions of shekels. These include: doubling the “Tunnels Road” (bypassing Bethlehem), Al-Arroub bypass (completing a four-lane road from Jerusalem to Hebron), the Eastern Ring Road from A-Za’ayyim and Anata (AKA “the Apartheid Road), Hawara bypass (south of Nablus), the Qalandiya underpass, Nabi Eliyas bypass and other roads.
• Construction was promoted in places particularly destructive for the prospects of peace, and where Israel did not dare build in the past (due to international opposition). 
• Promoted plans will add 100,000 settlers in settlements that Israel will have to evacuate under any realistic 2-state scenario – 78% of the promoted plans (20,629 housing units) are in settlements that Israel will have to evacuate under a two-state agreement (according to the Geneva Initiative model). Major developments include:
  • E1 – Plans were deposited for 3,401 housing units.
  • Givat Hamatos – A tender was published for 1,077 housing units.
  • Hebron – The government has approved the construction of about 100 housing units that will double the number of settlers in the Palestinian city.
  • Large expansions in the heart of the West Bank: 1,103 units for settlements surrounding Nablus (Bracha, Elon Moreh, Itamar, Yizhar, Shavei Shomron); 2,687 units in settlements surrounding Ramallah (Beit El, Ofra, Psagot, Kochav Yaacov, Dolev, Talmon and its outposts); 2,279 units in settlements between Ramallah and Nablus (Eli, Shilo, Shvut Rachel and the new settlement of Amihai).
• An explosion of new outposts.  – At least 31 new outposts were established during the Trump administration (compared to 9 in the previous four years). In addition, 10 outposts were retroactively legalized (their “regularization” plan took effect), compared to 7 outposts in the previous four years.
• Undermining the Israeli, Palestinian, and international consensus on the parameters for solving the conflict’s core issues and presenting a plan for annexation  – The Trump Administration undermined the parameters for resolving the conflict by moving the embassy to Jerusalem while taking the issue “off the table,” canceling UNRWA support and implying that the Palestinian refugees are no longer an issue,  and legitimizing settlements. The Trump Plan, published in January 2020, presents a model for Israeli annexation without even minimal Palestinian independence.
• Evacuation of Palestinian families in East Jerusalem in favor of settlers – In the four years of the Trump administration, around 6 Palestinian families in the Muslim Quarter and Sheikh Jarrah were evicted (based on restitution of Jewish property before 1948, while such laws are not afforded to Palestinians), compared to only one family in Silwan in the previous four years. (Removal of Palestinian families, based on settler claims to have acquired their property, continued both in previous years and under the Trump administration).
• Changing the rules of the game to de facto annexation  –  Under Trump, the Israeli government produced a series of legal opinions approving the expropriation of Palestinian land, contrary to previous rulings (and of course contrary to international law, according to which expropriation of occupied land to serve the interests of the occupier’s population is prohibited), and applying  apply administrative laws and procedures over the Green Line in the West Bank, despite it not being officially part of Israel (“from occupation to apartheid”). 

Peace Now writes:

“The de facto annexation has manifested itself in high levels of settlement unit approvals, transgressions of informal international red lines in highly sensitive areas like the Jerusalem environs and Hebron, and the building of over 30 new outposts. Consequently, de jure annexation became a legitimate topic in the Israeli and American governments, while Israel has created for itself and the Palestinians a near permanent, undemocratic one-state reality.”

Bonus Reads

1. “As Town Near Jerusalem Expands, This Palestinian Village Could Lose Its Spring” (Haaretz)
2. “Court rejects Netanyahu bid to delay Khan al-Ahmar response” (Jerusalem Post)
3. “What Trump has in store for Israel, Middle East during final 70 days in office” (The Times of Israel)
4. “Should Israel’s Settlers Fear Joe Biden?” (Haaretz)
5. “Israel’s settlements could test ties with Biden” (AP)
6. “Israeli settlers disappointed over Trump’s defeat, worry over Biden” (Al-Monitor)

Welcome to FMEP’s Weekly Settlement & Annexation Report. To subscribe to this report, please click here.

November 6, 2020

1. Israel Moves Towards Destruction of 200+ Palestinian East Jerusalem Business to Make Way for “Silicon Wadi” Industrial Zone
2. Israel Accelerates De Facto Annexation in Area C, Part 1: Israel Razes Entire Palestinian Community (a War Crime) on Eve of U.S. Election Drama
3. Israel Accelerates De Facto Annexation in Area C, Part 2: Attorney General Approves Land Registration Process that Opens Another Door for Israel to Seize More Palestinian Land
4. Israel Accelerates De Facto Annexation in Area C, Part 3: Tightening the Noose Around Khan Al-Ahmar
5. Delayed for a Third Time, Israeli Government Silent on Givat Hamatos Tender
6. Settler Campaign to Take Over West Bank Antiquity Sites/Objects Proceeds: Israel Fences Off More Land Near Herodium, Invades Sebastia Site
7. Israel Begins Preparations for Construction of Settler-Backed Cable Car Line in Jerusalem, Despite Ongoing Court Case
8. Knesset Land Caucus Plots Way Forward on Outpost Legalization
9. Bonus Reads

Comments/questions? Contact Kristin McCarthy (kmccarthy@fmep.org)

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Israel Moves Towards Destruction of 200+ Palestinian East Jerusalem Business to Make Way for “Silicon Wadi” Industrial Zone

Palestinian media reports that Israeli authorities have formally issued eviction notices to dozens of Palestinian business owners in the Wadi al-Joz district of East Jerusalem, as plans advance to level the entire area and replace it with a massive new business district, dubbed “Silicon Wadi.” The eviction notices instruct tenants to vacate by December 30th, after which time Israel will proceed with demolitions. The Jerusalem Post confirms that as part of the plan, “about 200 Palestinian-owned industrial buildings will have their tenants evicted and be demolished.” The Silicon Wadi project is projected to cost $600 million for construction covering 350,000 square meters to house high-tech companies, real estate, shopping centers, and hotels. 

A PLO Spokeswoman said:

“Israel‘s focused and systematic plunder of occupied Jerusalem persists unabated, in violation of international law and proclaimed positions of states worldwide. In addition to a sharp increase in home demolitions and the displacement of many families in Jerusalem during the COVID-19 pandemic, the illegal Israeli ‘municipality’ has unveiled its plans to demolish decades-old Palestinian industrial area in the Wad al-Joz neighborhood and replace it with a gentrified settler neighborhood with the flashy name of ‘Silicon Wadi,’ This is an outrageous and criminal plan that will devastate 200 Palestinian businesses in the area and deprive hundreds of Palestinians of their sources of livelihood. It is a massive scheme that brings Israel’s displacement and replacement policy against the Palestinian people into sharp focus, especially in Jerusalem.”

In June 2020, when plans of the demolitions were revealed to the press, the chairman of East Jerusalem’s Arab Chamber of Commerce and Industry, Kamal Obeidat, called the planned demolitions a “racist order” to to change the character of the Palestinian city and use the land to build Israeli structures.

Grassroots Jerusalem explains the history and current reality facing the Wadi al-Joz neighborhood:

“Overlooking the Mount of Olives and the Kidron Valley, Wadi al-Joz was once the city’s industrial zone until the First and then the Second Intifada. The area is under the jurisdiction of Israeli civil law under the Jerusalem Municipality. As with many neighbourhoods in the area surrounding the Old City, Wadi al-Joz is experiencing severe challenges with the 2009 approved ‘Master Zone Plan’ and the subsequent aggressive expansion of Jewish presence in the area.”

Israel Accelerates De Facto Annexation in Area C, Part 1: Israel Razes Entire Palestinian Community (a War Crime) on Eve of U.S. Election Drama 

Late in the evening of November 3rd, Israeli forces arrived at and proceeded to demolish the Palestinian community of Khirbet Humsah in the northern Jordan Valley, rendering 74 Palestinians homeless (of which 41 are minors). Palestinians report that they were given 10 minutes to vacate their tents before the bulldozers razed the herding community, in its entirety, to the ground. Levelling 76 structures in total, this was the largest single demolition by Israel in the past decade. Even prior to this massive demolition, Israel had already broken its own record for the most demolitions of Palestinian structures in a single year, the total now stands at 869 demolished Palestinian structures.

Yasser Abu al-Kbash, a resident of Khirbet Humsah, told NPR:

“I am 99% certain this was taking advantage of the U.S. elections. … There were no journalists around…Our bed is the ground. Our roof is the sky. We hope people will come and see our situation. They will see that Israel, which pretends to be a compassionate country, is chasing us.”

B’Tselem said in a statement:

“While the world deals with the coronavirus crisis, Israel has devoted time and effort to harassing Palestinians instead of helping protected residents living under its control. Israel tries to justify the demolitions with feeble excuses such as “law enforcement” or “building and planning considerations”, while deliberately creating a Kafkaesque reality that leaves Palestinians almost no way to build legally. While Israel has formally given up on annexing the West Bank, the demolition figures indicate that on the ground, reality remains unchanged and the de-facto annexation continues. Israel continues to treat the West Bank as its own – which includes preventing Palestinian development throughout the area (including East Jerusalem) so it can take over more and more land.”

Detailing Israel’s ongoing campaign against Palestinian life in Area C, B’Tselem writes:

“In the midst of an unprecedented health and economic crisis, more Palestinians in the West Bank (including East Jerusalem) lost their homes in the first 10 months of 2020 alone than in any full year since 2016 – the highest year on record since B’Tselem started collecting this data. As a result of Israel’s policy, 798 Palestinians have already lost their homes in 2020, including 404 minors who lived in 218 homes – compared to 677 Palestinians in all of 2019, 397 in 2018 and 521 in 2017….According to Civil Administration (CA) data, in the first 10 months of 2020 alone, the CA confiscated 242 prefabs from Palestinians, as opposed to six in all of 2015. In 2019, some 700 tractors and diggers were confiscated and about 7,500 trees uprooted in Area C. The CA even boasts that its figures show a decrease in international aid projects for Palestinians in Area C, such as setting up prefabs and laying infrastructure, to a mere 12 in 2019 compared to 75 in 2015.”

Yvonne Helle, a senior UN Development Programme official in the Palestinian territories, said about the demolition:

“So far in 2020, 689 structures have been demolished across the West Bank, including East Jerusalem, more than in any full year since 2016; rendering 869 Palestinians homeless. The lack of Israeli-issued building permits is typically cited as a reason, even though, due to the restrictive and discriminatory planning regime, Palestinians can almost never obtain such permits. Demolitions are a key means of creating an environment designed to coerce Palestinians to leave their homes. Located in the Jordan Valley, Humsa Al Bqai’a is one of 38 Bedouin and herding communities partially or fully located within Israeli-declared ‘firing zones.’ These are some of the most vulnerable communities in the West Bank, with limited access to education and health services, and to water, sanitation and electricity infrastructure. I remind all parties that the extensive destruction of property and the forcible transfer of protected people in an occupied territory are grave breaches of the Fourth Geneva Convention. While assuring that the humanitarian community stands ready to support all those who have been displaced or otherwise affected, I strongly reiterate our call to Israel to immediately halt unlawful demolitions.

The European Union said in a statement:

“Such developments constitute an impediment towards the two-state solution. The EU reiterates its call on Israel to halt all such demolitions, including of EU-funded structures, in particular in light of the humanitarian impact of the current coronavirus pandemic.”

Israel Accelerates De Facto Annexation in Area C, Part 2: Attorney General Approves Land Registration Process that Opens Another Door for Israel to Seize More Palestinian Land

Israeli news outlets report that the Israeli Attorney General supports a recent recommendation by COGAT – the Israeli authority responsible for coordinating civilian affairs in the West Bank – to resume the process of registering land in the West Bank. That recommendation came in response to an effort by MK Uzi Dayan (Likud), who contacted COGAT to push for the government to declare more of the West Bank as “state land.” In response, COGAT recommended the land registration process is a better option for taking control of more land, arguing that this would be faster, less expensive, and more final than having the state declare land in the West Bank to be “state land.” This is because declaration of state land can face legal challenges by Palestinians that may take years to resolve, whereas the land registration process affords Palestinians no such ability to challenge Israel’s decisions once they are made.

According to Israel Hayom, the Israeli land registration process would first require a survey of the land, after which time anyone claiming ownership could present documents to the Israeli government seeking to prove their ownership. In the case of land where Israel recognizes no valid ownership claims – including cases where Palestinians do not have documentation that Israel will accept – Haaretz reports that the process gives heavy weight to whomever currently controls the land (e.g., if a settler has built illegally on Palestinian land and lived there, under the protection of the IDF, the process will give weight to their claim absent overwhelming documentation, accepted by Israel, from the Palestinina owner). The registration decisions can be appealed, but once the claims are resolved by an Israeli official appointed to oversee the process, no further appeal is possible. Moreover, all “unclaimed” land – that is, land over which Israel does not recognize any legal ownership, will automatically become “state land.”

Shlomo Zacharia, a land lawyer working with Yesh Din, further explains how the process of Israeli-controlled land registration will dispossess Palestinians, saying:

“If a village has 30 plots, with [specific, documented] ownership claims on only 20 of those, the other ten automatically transfer to the state. If you haven’t filed a claim of ownership, it goes to the state. Period. The arrangement will primarily benefit the Civil Administration and the settlers, since most of the land allocated by the state goes to settlers, and because the arrangement process (in Israel and the West Bank) favors the person holding the land in practice.”

As a reminder, a 2018 report by Peace Now found that Israel almost exclusively allocates state land in the West Bank to Jewish Israeli settlers (99.76% of allocated state  land) – meaning that Dayan’s push for state land declarations serves to benefit the expansion of settlement and settler infrastructure. At the time of is 2018 blockbuster report on Israel’s discriminatory land allocation, Peace Now said:

“The significance of the data is that the State of Israel, which has been in control of the West Bank for more than 50 years, allocates the land exclusively to Israelis, while allocating virtually no land for the unqualified benefit of the Palestinian population. Land is one of the most important public resources. Allocation of land for the use of only one population at the expense of another is one of the defining characteristics of apartheid. This is further proof that Israel’s continued control of the occupied territories over millions of Palestinian residents without rights and the establishment of hundreds of settlements on hundreds of thousands of dunams has no moral basis.”

Israel Accelerates De Facto Annexation in Area C, Part 3: Tightening the Noose Around Khan Al-Ahmar

On November 2nd, the Israeli state informed the High Court of Justice that it plans to delay carrying out the court-approved forcible transfer and demolition of Khan al-Ahmar (a war crime) for the coming months, asking the Court for more time to plan how the demolition will be implemented. The State was forced to file the affidavit in light of a petition by the Regavim settler group, which challenged the State’s delay in carrying out the demolition order, which was first issued ten years ago and then given the official greenlight by the Supreme Court in September 2018.

Notwithstanding the continued delay, the Israeli government said that it still “insists on the need to implement the demolition orders in the compound, and in this matter, there is no change in its position.”

Adv. Tawfiq Jabareen, the lawyer lawyer representing Khan al-Ahmar explained:

“The PM said they will try to negotiate with the village in order to evacuate them but if they have not reached an agreement within 4 months then they will begin thinking of evacuating them by force.”

Regarding the recent filing, the Globes news outlet reports (in Hebrew) that even though the filing was submitted jointly by the Defense Ministry and the Prime Minister’s office (signed by the Defense Ministry settler advisor Avi Roeh, who was previously found to have been funnelling government money to Regavim), there is a major disagreement between Gantz and Netanyahu on the matter. Perhaps surprising to those who expected Benny Gantz to moderate Netanyahu’s more extreme impulses, Gantz is reportedly pushing for the immediate demolition of Khan al-Ahmar, while Netanyahu prefers to delay. 

B’Tselem spokesperson Sarit Michaeli tweeted:

“the international community is serious about defending the vestiges of its beloved 2 state solution, it must internalize that MoD Benny Gantz will not act of his own volition to prevent the war crime of demolishing Khan al-Ahmar. Only the prospect of real consequences will do.”

In response to the delay, the Director of Regavim slammed the government saying in a statement:

“The alleged commitment on the part of the state to enforce the law and to hold talks with the residents is no different from the previous times in which the state declared the exact same things to the High Court. Each time, another card is drawn from the pile of excuses that prevents the implementation of the state’s declarations. We wonder if Netanyahu has confused ‘cannot’ and ‘don’t want to.’”

Delayed for a Third Time, Israeli Government Silent on Givat Hamatos Tender

Ir Amim reports that, for the third time this year, the Israeli government refrained from opening bidding on the tender for the construction of the Givat Hamatos settlement, which had been scheduled for November 2nd. The tender was published in February 2020, but has yet to be made available online for bidding. Israeli authorities have not explained the delay or provided a new date for the tender to be opened.

In August, at the time of the second postponement, Ir Amim noted:

“Such recurring postponement of a tender is unprecedented. On the one hand, the delays are a sign that Israel is under strong  pressure not to open the tender –  which is seen as a red line by the international community; it may be that negotiations currently underway with Arab states under the auspices of the Trump administration are also a cause for the delay. On the other hand, the fact that Israel refuses to withdraw the tender and has repeatedly set new dates for its opening shows how determined the government is to begin construction in Givat Hamatos and therefore it is leaving the door open so that it can seize an opportunity once it feels able to do so.”

Givat Hamatos has long been regarded as a doomsday settlement by parties interested in preserving the possibility of a two-state solution. If the Givat Hamatos settlement is built, the Palestinian neighborhood of Beit Safafa in East Jerusalem will be completely surrounded by Israeli construction, severing its connection to the West Bank. 

Settler Campaign to Take Over West Bank Antiquity Sites/Objects Proceeds: Israel Fences Off More Land Near Herodium, Invades Sebastia Site

Emek Shaveh reports that the Israeli Civil Administration is building a new fence around a section of the ancient site of Herodium, closing off the only available path by which Palestinians can freely access the site, located southeast of Bethlehem. Emek Shaveh has sent a letter to the Civil Administration requesting that the construction be stopped and that the new fence section be dismantled. 

Emek Shaveh writes:

“The site is part of the fabric of their local heritage and residents of the villages used to tour the site freely and hold private and public events around the ruins. The fencing of lower Herodium follows closely after the expropriation of land at the sites of Deir Sam’an and Deir Kala’ northwest of Ramallah in September. These were the first expropriation orders for antiquity sites in the West Bank in 35 years. All of these developments attest to the increasing pressure by the settlers to clear Palestinians from antiquity sites in Area C of the West Bank.”

On November 5th, Palestinian media reported that Israeli soldiers accompanied by members of the IDF’s Corps of Engineers invaded the northern West Bank city of Sebastia, proceededing to close off the Sebastia archeological site. Shortly after, Israeli settlers visited the site.  Sebastia is located in Area B of the West Bank, where the Palestinian Authority has a civilian authority, but Israel retains security control. 

FMEP has covered the recent surge of settler pressure on the government to take control of archeological sites which are owned and/or controlled by Palestinians. Already racking up major victories, the Israeli Civil Administration issued expropriation orders for two archaeological sites in the West Bank located on privately owned Palestinian property northwest of Ramallah. The expropriations – the first of their kind in 35 years – come amidst a new campaign by settlers lobbying the government to take control of such sites, based on the settlers’ claims that antiquities are being stolen and the sites are being mis-managed by Palestinians. The settlers’ pressure is also credited as the impetus behind the government’s clandestine raid of a Palestinian village in July 2020 to seize an ancient font.The Palestinian envoy to UNESCO, Mounir Anastas, recently called on the United Nations to pressure Israel into returning the font to the Palestinian authorities.

A new settler group calling itself “Shomrim Al Hanetzach” (“Guardians of Eternity”) recently began surveying areas in the West Bank that Israel has designated as archeaological sites in order to call in Israeli authorities to demolish Palestinian construction in these areas. The group communicates its findings to the Archaeology Unit in the Israeli Civil Administration (reminder: the Civil Administration is the arm of the Israeli Defense Ministry which since 1967 has functioned as the de facto sovereign over the West Bank). The Archaeology Unit, playing its part, then delivers eviction and demolition orders against Palestinians, claiming that the structures damage antiquities in the area. As a reminder, in 2017, Israel declared 1,000 new archaeological sites in Area C of the West Bank. The new group is, not coincidentally, an offshoot of the radical Regavim organization, which among other things works to push Israeli authorities to demolish Palestinian construction that lacks Israeli permits (permits that Israel virtually never grants). 

The new group has also raised public alarm about the Trump Plan, alleging that hundreds of biblical sites in the West Bank are slated to become Palestinian territory. The group’s leaders accuse the Palestinian Authority of mismanaging the sites and they accuse Palestinians of looting them. The group is demanding that Israel annex all the sites.

Israel Begins Preparations for Construction of Settler-Backed Cable Car Line in Jerusalem, Despite Ongoing Court Case

The Times of Israel reports that the Israeli government has approved the imminent implementation of two projects in preparation for the construction of a settler-backed cable car line slated to terminate in the Silwan neighborhood of East Jerusalem — despite the fact that an Israeli court has yet to make a final ruling on the fate of the cable car plan itself. 

First, the Jerusalem Development Authority received permission from the Agriculture Ministry’s Forest Commissioner’s Unit to cut down trees along the future route of the cable car route. The approval was quickly appealed by Emek Shaveh, which requested that the tree removal be delayed until the High Court rules on the legitimacy of the plan.

Then, on November 4th the director of the cable car project, Shmulik Tzabari, told a meeting of stakeholders that the excavation work would “soon commence,” including the relocation of underground infrastructure (water, sewage, phone/internet lines).

The cable car plan, touted by the radical Elad settler organizations as a tourist and  project, is in reality intended to further entrench settler control in Silwan, via archeology and tourism sites, while simultaneously delegitimizing, dispossessing, and erasing the Palestinian presence there. Emek Shaveh and other non-governmental organizations, including  Who Profits and Terrestrial Jerusalem, have repeatedly challenged (and provided evidence to discredit) the government’s contention that the cable car will serve as a legitimate tourist attraction and/or address a transportation need in Jerusalem, and have clearly enumerated the obvious political drivers behind the plan, the archeological heresies it validates, and the severe negative impacts the cable car project will have on Palestinian residents of Silwan.

Knesset Land Caucus Plots Way Forward on Outpost Legalization

The Land Caucus – a committee within the israeli Knesset – met on November 2nd to strategize how to push forward the retroactive legalization of unauthorized outposts in the coming months, worrying particularly about how the result of the U.S. election might derail future annexation plans. 

The result of the meeting was a declaration calling on Netanyahu to grant authorization to all the outposts, but the caucus did not decide on whether it should spend its energy on advancing legislation to that end (the position of Ayelet Shaked), or should push for Netanyahu to issue a declaration (the position of Bezalel Smotrich).

Speaker of the Knesset Yariv Levin (Likud) urged the lawmakers to focus their efforts for the rest of the year on the 15 outposts located outside of the boundaries of Israeli annexation according to the Trump Plan.

Bonus Reads

1. “Settlers Pray for Trump in Hebron” (The Times of Israel)
2. “The Israeli Occupation Is Making the Most of One More Day of Trump” (Haaretz)
3. “At the Foothills of an Israeli Settlement, Palestinians Are Used to Weekends of Terror” (Haaretz)
4. “’I cry for my trees’: Israeli settler attacks wreck Palestinian olive harvest” (Haaretz)
5. “A Small Palestinian Business Is Burglarized Over and Over, and Israeli Police Stand By” (Haaretz)
6. “UN agencies and international NGOs call for the protection of Palestinian olive harvesters” (OCHA, OHCHR, AIDA)
7. “Yossi Dagan: Sovereignty isn’t up to Washington – it’s up to us” (Arutz Sheva)
8. “New chairman of Settlement Division prays at Temple Mount” (Jerusalem Post)

Welcome to FMEP’s Weekly Settlement & Annexation Report. To subscribe to this report, please click here.

October 23, 2020

1. Trump Admin Recognizes Israel’s De Facto Annexation of the Settlements
2. U.S. Takes Another Step to Recognize Israeli Sovereignty Over All of Jerusalem
3. Israel to Issue Tenders for 31 Settlement Units in the Heart of Hebron — Despite Pending Court Case
4. Israel Advances Planning for Settler-Backed Cable Car Project in Jerusalem — Despite Ongoing Legal Case
5. Settlers Push Bibi to Authorize All Outposts As Compensation for Delay in De Jure Annexation
6. Bonus Reads

Comments/questions? Contact Kristin McCarthy (kmccarthy@fmep.org)

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Trump Admin Recognizes Israel’s De Facto Annexation of the Settlements

On October 28th, U.S. Ambassador to Israel David Friedman signed an amendment to several scientific agreements, removing geographical restrictions limiting the application of the agreements to inside the Green Line. In practice, those restrictions barred Israeli educational institutions located in West Bank settlements and in the Golan Heights (outside of Israel’s recognized borders) from participating in the U.S. taxpayer-funded science programs. This amendment, in effect, confers U.S. recognition of Israeli sovereignty over settlements, defining settlements as a part of the sovereign state of Israel. 

Regarding the behind the scenes moves leading up to this change, Axios reporter Barak Ravid says: 

“This is a substantial shift in U.S. policy. Until today the U.S. government was not allowed to spend tax payers money in the Israeli settlements in the West Bank and East Jerusalem. The new agreements will allow it…Israeli official told me this U.S. policy shift was led by U.S. ambassador to Israel David Friedman. The official said Friedman wanted to make this move as a gesture for Netanyahu & the settlers after [West Bank] annexation was halted as part of the normalization deal with the UAE.”

FMEP’s Lara Friedman commented in a tweet, cited by the Jerusalem Post:

“To be clear: this is, in effect, the Trump admin[istration’s] official recognition of Israeli sovereignty over [the] West Bank.”

Hanan Ashrawi declared the move: 

“a clear recognition of Israel’s annexation of Palestinian territory.”

Putting it rather succinctly, Kohelet Forum scholar Euguene Kontorovich – who has been arguing for the legality of Israel’s settlements for years – told the Washington Post:

“This historic international agreement cements U.S. policy that Israeli settlements are not illegal, and puts money behind it.”

The agreements were signed by Amb. Friedman and PM Netanyahu at a ceremony held in the Ariel settlement – the location of a new medical school funded largely by U.S. casino magnate and Trump mega-supporter Sheldon Adelson, (who was reportedly also behind the push to amend the agreements). Israel has already de facto annexed the university, as a matter of Israeli law, through a drawn out process over the past three years which culminated in Ariel’s university being treated, under Israeli law, as exactly the same as a university located inside the Green Line. The signing of the amendments this week means that the medical school will be able to receive U.S. funding to participate in U.S.-Israeli cooperative projects. It is also worth recalling that the Ariel settlement is located in the heart of the northern West Bank, reaching literally to the midpoint between the Green Line and the Jordan border. The future of Ariel has long been one of the greatest challenges to any possible peace agreement, since any plan to connect Ariel to Israel will cut the northern West Bank into pieces.

In a statement, the U.S. Embassy gloated over the significance of removing geographical restrictions, saying explicitly:

“These geographic restrictions are no longer consistent with U.S. policy following (i) the Administration’s opposition to the provisions of United Nations Security Council Resolution 2334, (ii) the Administration’s recognition of Jerusalem as Israel’s capital and moving the U.S. Embassy from Tel Aviv to Jerusalem, (iii) the Administration’s recognition of Israel’s sovereignty over the Golan Heights, and (iv) the Administration’s announcement that the U.S. will no longer consider that the establishment of civilian settlements in the West Bank is per se inconsistent with international law.”

At the signing ceremony – which many settler leaders who have been critical of the Trump Plan were not invited to – Amb. Friedman added yet another rationale for expanding the agreements to include the settlements, saying that the Trump Administration places:

“great value on academic, cultural, commercial and diplomatic engagement as the best path to peace, whether between Israel and its neighboring states, or between Israel and the Palestinians.”

This “economic peace” rationale was lauded by U.S. Senator James Lankford, who has been pushing U.S. legislation that will fund joint Israeli-Palestinian business projects in the West Bank. See FMEP’s Lara Friedman response to Lankford’s reasoning here. As FMEP has explained many times, economic “coexistence” initiatives are in fact efforts to normalize, entrench, and reward Israeli settlements while perpetuating Israel’s economic exploitation of occupied territory (including the local workforce, land, and other natural resources). Congressional support for such initiatives could mean U.S. taxpayer dollars going directly (and publicly) to the settlements.

Though U.S. recognition of de fact Israeli annexation of its settlements is hugely significant, a key member of the Trump team, Avi Berkowitz, reminded Army Radio that the Trump Administration also supports de jure annexation – at a later time. Berkowitz said:

“annexation is not off the table, just pushed off for now.”

U.S. Takes Another Step to Recognize Israeli Sovereignty Over All of Jerusalem

On October 29th, the U.S. State Department announced that the Embassy will begin allowing U.S. citizens born in Jerusalem to list Israel as their country of birth on their passports, in effect recognizing Israeli sovereignty over all Jerusalem (even settlements in East Jerusalem). The U.S. will now allow individuals to choose whether to have “Jerusalem” or “Jerusalem, Israel” – but not “Jerusalem, Palestine” – listed on their U.S. passports. This is no small matter, evidenced by the decades of lobbying in the U.S. in support of exactly this policy change. 

This change builds upon the Trump Administration’s December 2017 recognition of Jerusalem as the capital of Israel.

Jerusalem Deputy Mayor Fleur Hassan-Nahoum told the Jerusalem Post: 

“We are happy that today the US has kept its promise to Israel and completed the process of recognizing Jerusalem as Israel’s capital. American citizens born in our capital city will finally be able to have Israel written as their country of birth. It is long overdue, and we are grateful to President Trump and Ambassador Friedman for their leadership on this.”

Israel to Issue Tenders for 31 Settlement Units in the Heart of Hebron — Despite Pending Court Case

Israeli authorities have informed the Jerusalem District Court that they intend to issue tenders in the coming days for the construction of 31 new settlement units on Shuhada Street in downtown Hebron, despite the fact that the Court ordered a stop on the settlement project until a pending egal challenge is resolved. The Court’s next hearing regarding the petition is scheduled for January 31, 2021. 

If built, the units would create a new settler enclave in the city (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.

Defending the move, Israeli authorities claim that they are able to issue the tenders without violating the Court order because the order only bars actual construction (not preparations for it). It should be noted that award of tenders is considered a point of not return in the pre-construction process, since tenders involve third-party financial interests (meaning that canceling them can mean lawsuits from developers and individuals). 

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 to the plan stem from the problematic 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 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 22million) for the project, which will require Israel to significantly renovate a military base in order to build the 31 new settlement units, a kindergarten, and “public areas.” 

Peace Now said in a statement:

“The state was quick to issue the building permit even though the court has explicitly ruled that work should not start until the… hearing takes place….The attempt to squeeze in this construction of 31 settlement units before the U.S. election is an unscrupulous act that threatens Israel’s national interest and relations on the world stage.”

Israel Advances Planning for Settler-Backed Cable Car Project in Jerusalem — Despite Ongoing Legal Case

On October 25th, the Israeli-run Jerusalem Development Authority — a joint agency of the government and the Jerusalem Municipality — held the first of two meetings for developers interested in bidding on a settler-backed project to build a cable car in East Jerusalem, despite the fact that the Israeli Supreme Court has not yet issued a final ruling on whether or not the state is permitted to expropriate the privately owned Palestinian land that is needed to carry out its construction (for background, see recent reporting in the Settlement Report). A second meeting for prospective developers is reportedly scheduled for next week. 

The High Court is actively considering the cable car case, having ordered the state to offer a factual explanation for how the cable car line will boost tourism in the city – an explanation that the state has struggled to articulate convincingly. In response, the State recently submitted an 81-page explanation of the project regurgitating the same arguments it has previously made. The Court is now awaiting response from the petitioners to the State’s latest filings.

Settlers Push Bibi to Authorize All Outposts As Compensation for Delay in De Jure Annexation

The Jerusalem Post reports that settler leadership is pressuring Prime Minister Netanyahu to immediately grant retroactive approval to the hundreds of Israeli outposts in the West Bank that are illegal under Israeli law (and for which Israel has been unable, despite an all-out effort, to find a way to legalize, short of simply declaring that rule of law is irrelevant). The Knesset Land of Israel Caucus is also preparing legislation to achieve this end.

The Post reports that settlers, having impatiently waited as the government has delayed action on many outpost authorizations — as successive elections and then the U.S. promise of annexation have come and gone (for now) —  are upping the pressure on Netanyahu to act in a decisive manner on the outposts. Peace Now notes that, despite the settlers’ allegations of foot-dragging, over the past two years the Israeli government has managed to grant retroactive legalization to 21 outposts. with 9 more in process. Instead of considering each outposts’ legal status in a piecemeal manner, the settlers want Netanyahu to grant authorizations in one swift and blanked act – regardless of the facts of each outpost (like private Palestinian ownership of the land on which some outposts have been constructed).

Settlers apparently view this as urgent, given the fact that the Trump Plan leaves around 15 outposts as enclaves within the borders of what is envisioned as a future Palestinian non-state entity. Settlers also view this as just, asserting that Netanyahu owes the settler movement this as “compensation for his failure to to fulfill his annexation pledge.” 

The Jerusalem Post article also does a surprisingly great job of explaining Israeli efforts over the past two decades to approve these outposts, which entered a new phase in 2017 with the passage of the Settlement Regulation Law – passed by the Knesset to allow provide a new legal basis by which the government can grant outpost approvals. FMEP has also comprehensively tracked [Table #3] Israel’s efforts over the past two years to retroactively legalize the outposts.

Bonus Reads

1. “US amb. to Israel: Change of administration can damage Abraham Accords” (Jerusalem Post)
2. “The Annexation That Was and Still Is” (B’Tselem)
3. “Muslim Pilgrimage to Haram al Sharif/the Temple Mount: Tinkering with Explosives” (Terrestrial Jerusalem)
4. [Thread] “The issue of the ultra-Orthodox sector, which recently caught the public’s attention again in light of the corona crisis, demands discussion about what is happening with the ultra-Orthodox community in the context of the settlements, for two reasons” (@nabothVin)
5. “In East Jerusalem, the settler project is expanding underground“ (+972 Magazine)
6. “Israelis Who Pillage Palestinian Olive Harvesters Are Not My Brothers” (Haaretz)

Welcome to FMEP’s Weekly Settlement & Annexation Report. To subscribe to this report, please click here.

October 16, 2020

1. No Annexation, No Problem – Israel Advances Nearly 5,000 New Settlement Plans, Including New Settlement South of Jerusalem
   • Overview
   • Record-Setting Settlement Activity in 2020
   • Har Gilo West Approved for Deposit w/ Plan to Seal Off Al-Walajah
   • Two Outposts Advance Towards Retroactive Legalization
   • Not Just Residential Units – Council Advances Settler Tourism & Infrastructure Projects
   • Location of Approvals
   • Reactions
2. Plan for 570 Units in East Jerusalem Settlement Approved for Deposit
3. Israel Approves Construction of Elevator at Tomb of the Patriarchs
4. Israel Delivers Confiscation Notices to Palestinians Living in the Heart of Hebron
5. Palestinians Report Newly Established Outposts & Land Confiscations
6. Targeting Palestinians Construction in Area C: State Devotes $6 million to Mapping Program
7. In First, Palestinian Authority Courts to Hear Lawsuits Against Settlers
8. NF, Elad Face International Heat Over Sumarin Family Eviction Case – Will it Matter?
9. Report: U.S. Will Not Back De Jure Annexation Until 2024 [Friedman Says 2021 in Play]
10. Bonus Reads

Comments/questions? Contact Kristin McCarthy (kmccarthy@fmep.org)

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No Annexation, No Problem – Israel Advances Nearly 5,000 New Settlement Plans, Including New Settlement South of Jerusalem 

Overview

During meetings held October 14th and 15th, the Israeli High Planning Council advanced plans for a total of 4,948 new settlement units. Of that total, plans for 2,688 units were granted final approval and plans for 2,260 units were approved to be deposited for public review (a late stage in the planning process). The latter approvals include a plan to build a new settlement, “Har Gilo West,”  just beyond Jerusalem’s southern border. In addition, the Council granted retroactive approval to 340 existing illegally-built settlement units in the unauthorized outposts of Peni Kedem and Tapuach West, paving  the establishment of two new official West Bank settlements (through post-facto legalization of the illegal outposts).

These were the first meetings of the High Planning Council since February 2020, at which time settlement planning was put on pause in favor of attempting to implement annexation plans as designed by Trump’s “Deal of the Century.” Under annexation, authority over the settlement planning/approval process could have been shifted from the Israeli Civil Administration (the branch of the Israeli Defense Ministry, in charge of the administration of affairs in the West Bank, – i.e., Israel’s occupation) into Israel domestic planning mechanism. Such a shift has long been a goal of settlers and their political allies.

In addition to advancing construction of new residential settlement units, the High Planning Council also advanced plans for the construction of new settlement projects that support tourism, further entrench the permanency of settlements, and that continue the exploitation of West Bank land and resources.

Record-Setting Settlement Activity in 2020

With the huge advancement of settlement plans this week, the Israeli government has advanced plans for 12,159 settlement units so far in 2020. With over two months to go, the settlement watchdog group Peace Now reports that this is already the highest total number settlement advancements in any year since Peace Now began tracking totals in 2012. Peace Now also reports that it is possible that the High Planning Council will convene one more time before the year ends.

Har Gilo West Approved for Deposit w/ Plan to Seal Off Al-Walajah

The High Planning Council approved for public deposit a plan to build 560 units at the Har Gilo West settlement site, located just south of Jerusalem. The Council is treating this plan as merely an expansion of the existing Har Gilo settlement, but in actuality it represents the construction of a new settlement on Jerusalem’s southern border, as the two areas of construction (Har Gilo and Har Gilo West) would not be contiguous. The plan for 560 units in Har Gilo West is part of a larger plan to construct around 952 units in the new settlement, extending the its borders right up to the Jerusalem municipal boundary, with dire consequences for the long-beleaguered Palestinian village of Al-Walajah. 

The discussion on October 14th further revealed  that, in order to build Har Gilo West, Israel plans to extend the separation barrier in that area to completely encircle al-Walajah, which is surrounded on three sides by the separation wall already. The new section of the barrier would be a 7-meters high concrete slab along the western edge of the built-up area of Al-Walajah. That would leave Al-Walajah completely encircled by the separation barrier and Israeli construction beyond it.

Ir Amim explains:

“In the past decade a series of Israeli moves have taken over more and more of Al-Walaja land and gradually isolating it. These are now culminating with the intention to construct the new settlement on the land reserves on the western side of Al-Walaja and to extend the separation barrier so as to complete the encircling of the village. As Al-Walaja will turn into an isolated enclave which lacks an outline plan its residents will be especially vulnerable to increasing home demolitions and other Israeli sanctions. Since the village will separate the new settlement from the existing Har Gilo we are likely to see increasing Israeli actions against Al-Walaja and its residents which will put their future existence at risk.”

Peace Now writes:

“The current plan of 952 housing units to be advanced will create a brand new neighborhood that will be larger than the existing settlement, and will exploit the land cut off by the West Bank barrier to further break up the western Bethlehem metropolitan area, including the land connecting al-Walaja and the town of Battir, as well as Battir and Bethlehem. This land also constitutes some of the only uninhabited fertile land reserves for Bethlehem, which currently is cut off by the West Bank barrier to its immediate north and west.“

FMEP has repeatedly documented various Israeli efforts to seal off al-Walajah from Jerusalem. Residents of al-Walajah have fought the growing encroachment by the nearby Etzion settlement bloc and the Israeli government’s attempt to de facto annex the bloc as part of “Greater Jerusalem.” Ir Amim explains several prongs of this effort, including a particularly unbelievable section of Israel’s separation barrier planned to almost completely encircle the village, to turn its valuable agricultural land into an urban park for Jerusalem, and construction of a highway that will connect the Etzion settlement bloc to Jerusalem with Israeli-only bypass roads.

Two Outposts Advance Towards Retroactive Legalization

The High Planning Council approved for deposit two plans that would, if implemented, have the effect of retroactively legalizing two outposts – bestowing upon those outposts legitimacy in the eyes of Israeli law and, in effect, establishing two new, official settlements. Those plans are:

1. Pnei Kedem: A plan to grant retroactive legalization to 120 units in the Pnei Kedem farm outpost by recognizing the outpost as a “neighborhood” of the Metzad/Asfar settlement. This is despite the fact that the two areas of construction are non-contiguous. Pnei Kedem is located halfway between Bethlehem and Hebron in the southern West Bank. Settlers were particularly gleeful about this plan being advanced
2. Tapuach West: A plan to grant retroactive legalization to 133 units in the Tapuach West outpost, located south of Bethlehem. 

Not Just Residential Units – Council Advances Settler Tourism & Infrastructure Projects

The High Planning Council also advanced plans for the construction of new settlement projects that support tourism, further entrench the permanency of settlements, and that continue the exploitation of West Bank land and resources.

The Council granted final approval to:

1. A plan for new shops and an educational site (to include an agricultural farm) in the Kochav Yaakov settlement – located between Jerusalem and Ramallah; and,
2. A plan to grant retroactive authorization to a motor park and 120 hotel rooms in the Petza’el settlement, located in the Jordan Valley. As FMEP has covered in the past, this state-of-the-at racetrack and hotel complex is being built partially on land that the Israeli army previously declared a closed firing zone, a designation which resulted in the forcible displacement of Palestinians who lived there. The land remains under this designation today. Rather than halting the construction of this complex, the Israeli authorities instead created a Master Plan for the area in order to enable even more construction in the area.

Plans the Council granted final approval for public deposit include:

1. A plan for an industrial zone near the Mishor Adumim settlement; and,
2. A plan to build a new commercial area and 50 hotel rooms in the Maale Adumim settlement;

Location of Approvals

Included in the total number of units receiving final approval and/or retroactive legalization (3,028 units) are  (in descending order of number of units): [map]

1. 382 units in the Beit El settlement, located in the heart of the northern West Bank. This includes retroactive legalization for 36 units which had been previously built without authorization and the construction of 346 units in highrise buildings with 9 or 10 floors (building up, not out in Beit El) [as a reminder, US Ambassador to Israel David Friedman has deep ties to the Beit El settlement];
2. 357 units in the Geva Benyamin (Adam) settlement, located just north east of Jerusalem, just beyond the separation barrier. Israel has been steadily building the Adam settlement in a manner meant to unite the settlement more seamlessly with East Jerusalem settlements and infrastructure, erasing the Green Line;
3. 354 units in the Nili settlement, located in the northern West Bank;
4. 213 units in the Shiloh settlement, including the retroactive legalization of 21 units built without required approvals. The Shiloh settlement is located in the central West Bank;
5. 211 units in the radical and violent Yitzhar settlement, including some retroactive authorizations (exact number not specified) as well as approval for public buildings. Yitzhar, located just south of Nablus, is associated with the Hilltop Youth movement – and a string of illegal outposts in the area associated with repeated attacks on Palestinians and their property;
6. 205 units in the Nokdim settlement (actually approved for the Kfar Eldad settlement, which is officially within the jurisdiction of Nokdim), located south of Bethlehem;
7. 200 units in the Metzad settlement (also known as Asfar), including the retroactive legalization of an unspecified number of existing units built without necessary approvals;
8. 160 units in the Kochav Yaacov settlement, located east of Ramallah;
9. 140 units in Kerem Reim settlement – located north west of Ramallah. Peace Now has repeatedly challenged the illegal construction of the Kerem Reim outpost, which the Israeli government retroactively legalized by declaring it a neighborhood of the Talmon settlement even though the areas are non-contiguous. Though a court rejected one Peace Now petition, there is an ongoing case against the Amana settler organization which Peace Now alleges engaged in illegal activities to build the outpost;
10. 132 units in Kfar Adumim settlement –  located east of Jerusalem and less than one mile from the Khan al-Ahmar bedouin community which the state of Israel is seeking to demolish;
11. 106 units in the Ma’ale Shomron settlement,  located east of the Palestinian village of Qalqilya;
12. 84 new units in the Shima settlement, including retroactive legalization of 14 existing units;
13. 74 units in the Yakir 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 deep into the West Bank;
14. 64 units in the Telem settlement – located west of Hebron;
15. Retroactive legalization of 18 units in the Psagot settlement – located east of Ramallah, and home to the Psagot Winery;
16. Retroactive legalization of 2 units in the “Givon Hadasha” settlement;

Plans which were approved for deposit for public review include (in descending order of number of units):

1. 629 units in the Eli settlement, including the retroactive legalization of 61 units – 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;
2. 560 units in the Har Gilo settlement located just south of Jerusalem (covered in detail above);
3. 286 units in the Har Bracha settlement – located just south of Nablus. If implemented, these new units will double the size of Har Bracha;
4. 179 units in the Einav settlement – located northwest of Nablus;
5. 148 units in the Rimonim settlement – located between Ramallah and Jericho in the Jordan Valley;
6. A plan to grant retroactive legalization to 133 units in the Tapuach West outpost, thereby granting approval to the outpost itself (discussed above);
7. A plan to grant retroactive legalization to 120 units in the Pnei Kedem outpost by recognizing the outpost as a “neighborhood” of the Metzad/Asfar settlement although the two areas of construction are non-contiguous. Pnei Kedem is located between Bethlehem and Hebron in the southern West Bank;
8. 82 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.;
9. 75 units in the Shimaa settlement, including the legalization of 14 units previously built without authorization;
10. 52 units received retroactive legalization in the Kfar Adumim settlement; 
11. 35 units in the Efrat settlement – located south of Bethlehem. As a reminder, Efrat is located 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;
12. 14 units (in one building) in the Maale Mikmash settlement – located east of Ramallah;
13. 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).
14. 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; and,

Reactions

The High Planning Council met only after settlers, who represent a key ally of the embattled Prime Minister, pressured Netanyahu to allow it. Settlers have spent months decrying what they understood to be a freeze on settlement constructed inflicted upon them by Netanyahu. Gush Etzion Regional Council Head Shlomo Ne’eman said:

“Sometimes we take our prime minister to task, which we feel is justified as a result of our disappointment in postponing the application of sovereignty over our country. But now something tangible is happening – we are building and developing our communities, and of course, the highlight of today is the full registration in the Land Authority of the young community of Pnei Kedem, 20 years since it was established.”

Samaria Regional Council head Yossi Dagan said:

“This is a happy day for Samaria. [New construction] in Har Bracha, Yitzhar, Einav and Tapuach is another step on the way to a million residents in this beautiful region of the country…While we’re very content with today’s developments, I call on the Prime Minister not to stop here. We’re overfilled with joy, but it is a drop in the ocean with sovereignty falling off the agenda. The expectation now is that construction and strengthening of the settlement movement will increase tenfold.”

Peace Now responded to the approvals in a statement saying:

“While Israel reels from its second lockdown and economic distress, Netanyahu is promoting construction in isolated settlements that Israel will have to evacuate. Instead of taking advantage of the agreements with the Gulf states and promoting peace with the Palestinians, he is distorting Israel’s priorities and catering to a fringe minority for these settlement unit approvals that will continue to harm future prospects for peace. We call on the Defense Minister and the Alternative Prime Minister Benny Gantz to veto these plans. Far from a ‘settlement freeze,’ the right has been complaining about, the expected settlement approvals announcement next week prove that the settlement enterprise under Netanyahu is moving ahead at full steam toward solidifying the de facto annexation of the West Bank. The move also will be the first major demonstration of Defense Minister Benny Gantz’s bowing to the ‘Greater Israel’ settlement agenda that would in reality bring about a permanent undemocratic one-state reality. By doing so, Israel will be signaling to the world its bi-partisan support for the end to the concept of a two-state solution and a Palestinian state – the paradigm that until now has largely shielded Israel from formal pressure over its 53-year occupation. The settlement enterprise is not in Israel’s national or security interest, and is a strategic mistake at the international level.”

Palestinian Prime Minister Mohammed Shtayyeh denounced the approvals, saying:

“Every settler unit constitutes a plan to annex our land.”

Palestinian Authority spokesman Nabil Abu Rudeineh said in a statement: 

“We warn against this Israeli policy that will lead the region to the brink of the abyss, and we call on the international community to intervene immediately and urgently to pressure the Netanyahu government to stop this settlement madness that totally eliminates any real opportunity to achieve a just and comprehensive peace to end the occupation and establish the independent Palestinian state with East Jerusalem as its capital on the 1967 borders.”

UN High Representative Josep Borrell said in a statement:

“In recent days, Israel has announced a significant expansion of settlements in the occupied West Bank, in areas in and around Jerusalem. These plans, which foresee the construction of close to 5.000 housing units, jeopardise the viability and territorial contiguity of a future Palestinian State as the outcome of a negotiated two-state solution, in line with the internationally agreed parameters. Settlements are illegal under international law. As stated consistently, the EU will not recognise any changes to the pre-1967 borders, including with regard to Jerusalem, other than those agreed by the parties. Settlement activity threatens current efforts to rebuild trust, to resume civil and security cooperation between Palestinians and Israelis and to prepare the ground for an eventual resumption of meaningful and direct negotiations. The Government of Israel should reverse these decisions and halt all continued settlement expansion, including in East Jerusalem and sensitive areas such as Har Homa, Givat Hamatos and E1. The period from March to August 2020 also saw a spike in demolitions or confiscations of Palestinian-owned structures in the West Bank in spite of the COVID-19 pandemic. The EU reiterates its call on Israel to halt all such demolitions, including of EU-funded structures, in particular in light of the humanitarian impact of the current pandemic. Against the background of normalization of relations between Israel, UAE and Bahrain, Israelis and Palestinians should seize this opportunity and take urgent steps to build confidence and restore cooperation along the line of previous agreements and in full respect of international law.”

A spokesperson for UN Secretary-General Antonio Guterres issued a statement flagging concern over the advancements, saying:

“We are concerned about the reports of Israel’s settlement advancements in the occupied West Bank and will continue to follow developments closely, as the Israeli High Planning Committee finalizes its meetings tomorrow. The Secretary-General has consistently reiterated that all settlements are illegal under international law and remain a substantial obstacle to peace. We 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.”

Plan for 570 Units in East Jerusalem Settlement Approved for Deposit

Ir Amim reports that on September 22nd, the Jerusalem District Committee approved for deposit for public review a detailed plan providing for the construction of 570 units in the Har Homa E settlement, located in East Jerusalem. Taken together with the pending construction of the nearby Har Gilo West settlement (discussed in the section above), the Palestinian village of al-Walajah stands to be completely encircled by Israeli settlements. 

If implemented, this plan will extend the Har Homa settlement westward, in the direction of the site of the as-of-yet-unbuilt Givat Hamatos settlement. Ir Amim explains:

“If realized, Har Homa E together with construction in Givat Hamatos will connect Har Homa to Gilo creating a contiguous Israeli settlement area that will disconnect East Jerusalem from Bethlehem and the south of the West Bank.”

Ir Amim also reminds us that the Jerusalem District Committee previously approved a Master Plan for a total of 2,200 units in Har Homa E. The plan for 570 units approved for deposit in late September represents the first detailed plan under this Master Plan allows for. Plans to build the remaining units permitted under the Master Plan are not yet being advanced.

Israel Approves Construction of Elevator at Tomb of the Patriarchs

Emek Shaveh reports that on September 29th the Civil Administration granted final approval to a plan to build accessible infrastructure, including an elevator, at the Ibrahimi Mosque/Tomb of the Patriarch in Hebron — a plan which requires Israel to seize land from the Islamic Waqf.  As of this writing, Emek Shaveh is considering whether to challenge that approval.

Regarding the significance of the plan, Emek Shaveh said:

“One need not be an archaeologist or architect to review the council’s plan and understand that it is destructive in a manner which is unprecedented. We are convinced that the plan, as approved, would never have been promoted had it not been driven by political motives.”

Emek Shaveh has previously provided critical context as to why this plan is not really, or not fully, being advanced out of humanitarian concerns, explaining:

“Israel’s decision to seize responsibility for the site from the Hebron municipality and the Palestinians sends a clear political message that Israel is reneging on agreements that were signed with the Palestinians in Hebron.  Beyond the precedent that will enable the settlers in the future to demand additional changes at the Tomb of the Patriarchs/Ibrahimi Mosque, this is also a precedent that could play out at other sites under the responsibility of the Islamic Waqf. Experience has shown us that what begins in Hebron percolates into other places including Jerusalem.  It begins with a seemingly rational demand to benefit the disabled or the general public and evolves into a new status quo.  The expected change in Hebron has not escaped the attention of members of the Temple movement and they will know how to present their demands to the government.  If Israel can repudiate agreements with the Palestinians in Hebron and expropriate land from the Waqf, it would seem that accepting what appears to be the far more modest demands by the Temple movement to pray or to walk about the Temple Mount complex freely is not so far-fetched. In the reality of Hebron and East Jerusalem, a change involving only several meters at a historic or holy place is not free of political considerations and often it is part of long-term strategy.  While it is necessary to tend to the needs and interests of persons with disabilities, the extremists who presume to speak on their behalf must be prevented from forging Israeli policy, even if it is only a matter of a lift and an access path.”

Read Emek Shaveh’s full analysis here: “Humanitarianism Hebron Style.”

Israel Delivers Confiscation Notices to Palestinians Living in the Heart of Hebron

The Palestinian media outlet WAFA news reports that several Palestinians living in the Tel Rumeida section of downtown Hebron were handed confiscation notices from the Israeli authorities, informing them that the State of Israel had confiscated 17 plots of land, including land privately owned by Palestinians. 

Tel Rumeida is a part of Hebron located directly in the city center, considered H2 by the Hebron Accords giving Israel full control of security in that area. B’Tselem estimates that there are around 700 settlers living in enclaves amongst approximately 34,000 Palestinians in H2. The Israeli army heavily protects those settlers, and has implemented an apartheid system of segregated movement and checkpoints, most notably in the area of Shuhada Street.

Palestinians Report Newly Established Outposts & Land Confiscations

The Palestinian news outlet WAFA reports that settlers have installed three new outposts over the past month – one near Nablus and a second near Hebron, and a third in the Jordan Valley.

Near Nablus, Palestinians report that the settlers installed mobile homes and a small farm in an attempt to establish a permanent presence on a new plot of land. The settlers are reportedly in the process of connecting the new outpost to the Elon Moreh settlement via roads and water supply.  Ghassan Daghlas, who monitors Israeli settlements on behalf of the PLO, told WAFA that the specific area has seen even wider road construction recently, which he sees as an effort to create more seamless contiguity between settlements in the Nablus area and the Jordan Valley. The construction comes at the direct expense of the Palestinian village of Beit Dajani, which has historically owned the land where the outpost and roads are being built.

Near Hebron, WAFA reports that an Israeli settler erected a tent with and Israeli flag on privately owned Palestinian land near the Birin village.

In the Jordan Valley, WAFA reports that settlers set up a caravan on land on which they began planting trees about three months ago. The settlers also reportedly dug a well at the site. 

On October 15th, Israel reportedly announced its intention to confiscate large tracts of land (11,000 dunums) adjacent to the Jordan Valley settlements of Rotem, Maskiyot, and Mesovah. This confiscation, according to Palestinian settlement watcher Qasem Awwad, was presented by the Israeli authorities as a move to add land to natural reserve areas, but seems clearly to be linked to efforts to expand settlements and their control over land in the area.

Targeting Palestinians Construction in Area C: State Devotes $6 million to Mapping Program

Despite COVID and the suspension of Israeli’s unilateral annexation of vast tracts of land in the West Bank, the Israeli government — at the urging of settlers and their allies — is continuing its push to consolidate its control over all aspects of life in Area C (the over 60% of the West Bank that is under full Israeli control). 

OCHA has documented an acceleration in the Civil Administration’s demolition of Palestinian structures in the West Bank over the summer, documenting the demolition of 389 Palestinian-owned structures in Area C of the West Bank.  As a result of those demolitions, 442 Palestinians were made homeless. OCHA further reported that In just the month of August, 205 Palestinians lost their homes, the highest single month total since January 2017. In addition, Israel continues to issue more demolition notices, including against Palestinians living in a cave near Jenin, and against a newly constructed school for bedouin children located east of Ramallah.

To further this effort, on September 10th the Israeli government allocated $6 million USD (20 million NIS) for the newly created Settlement Affairs Ministry to survey and map unauthorized Palestinian construction in Area C of the West Bank, which Israel and its settlers have been aggressively demolishing in an effort to rid the area of Palestinians. Haaretz reports that this is the first time that the state budget has included funds specifically for a land survey in the West Bank. The state also allocated an additional $2.8 million (9.5 million NIS) to an existing grant program specifically for settlement municipalities to cash in on. As a reminder, virtually all Palestinian construction in Area C of the West Bank is unauthorized, because Israel almost universally refuses to give Palestinians permission to build in Area C even on land that Israel recognizes as owned by Palestinians. 

The Settlement Affairs Ministry is a new creation of the current coalition government, and is headed by Tzachi Hanegbi (Likud). The funding for the Settlement Affairs Ministry to conduct a survey of unauthorized Palestinian construction in Area C further empowers a domestic Israeli body to exert extraterritorial sovereignty over Area C – in effect, treating the area as land already de facto annexed by Israel. While technically the occupied territories are administered by the Israeli Civil Administration (a body within the Defense Ministry), Israel has spent decades bringing the administration of the territories (specifically the settlements and Area C) ever more directly under direct Israeli sovereignty (de facto annexation). 

In the lead up to the allocation of funds for this new survey of Palestinians life in Area C, the Knesset hosted two committee discussions the political outlook of which was clearly indicated in the stated subject of the meetings: “the Palestinian takeover of Area C.” Consistent with this framing (which is predicated on the idea that Area C belongs to Israel), and pushed by outside groups, many members of the Knesset have criticized the Israeli government’s allegedly lackadaisical approach to preserving State interests in Area C (i.e., clearing out Palestinians, expanding settlements, consolidating state infrastructure). Reportedly, Foreign Affairs Minister Gabi Ashkenazi (Blue & White) sent a letter to the committee specifically addressing the Knesset’s outrage over European humanitarian assistance projects for Palestinians in Area C. In the letter, Ashkenazi not only celebrated the reduction of European projects over the past year, but validated settlers’ insinuations regarding the nefarious nature of European assistance for Palestinians, saying that any European activity in the West Bank lacking Israeli permission is “an attempt to define a border.” Ashkenazi also said that Israel will not compensate European donors for confiscated equipment or the demolition of European-funded projects that lack Israeli permission (like in the case of schools built with European funding, and solar panels donated to bedouin communities lacking power). 

At one Knesset hearing, MK Bezalel Smotrich (Yamina) suggested that a solution could be to empower the settlements with the ability to demolish Palestinian construction they believe to be unauthorized. Smotrich’s partymate Ayelet Shaked (former Justice Minister) suggested that the government should appoint a project manager tasked with preventing a Palestinian takeover of Area C.

As noted above, Israel has long denied Palestinians the ability to build in Area C. To fully understand what is happening, it is worth reviewing B’Tselem’s excellent explainer:

“Israel’s planning and building policy in the West Bank is aimed at preventing Palestinian development and dispossessing Palestinians of their land. This is masked by use of the same professional and legal terms applied to development in settlements and in Israel proper, such as “planning and building laws”, “urban building plans (UBPs)”, “planning proceedings” and “illegal construction”. However, while the planning and building laws benefit Jewish communities by regulating development and balancing different needs, they serve the exact opposite purpose when applied to Palestinian communities in the West Bank. There, Israel exploits the law to prevent development, thwart planning and carry out demolitions. This is part of a broader political agenda to maximize the use of West Bank resources for Israeli needs, while minimizing the land reserves available to Palestinians….

In the West Bank, the potential for urban, agricultural and economic development remains in Area C. Israel uses its control over the area to quash Palestinian planning and building. In about 60% of Area C – 36% of the West Bank – Israel has blocked Palestinian development by designating large swathes of land as state land, survey land, firing zones, nature reserves and national parks; by allocating land to settlements and their regional councils; or by introducing prohibitions to the area now trapped between the Separation Barrier and the Green Line (the boundary between Israel’s sovereign territory and the West Bank).

Even in the remaining 40% of Area C, Israel restricts Palestinian construction by seldom approving requests for building permits, whether for housing, for agricultural or public uses, or for laying infrastructure. The Civil Administration (CA) – the branch of the Israeli military designated to handle civil matters in Area C – refuses to prepare outline plans for the vast majority of Palestinian communities there. As of November 2017, the Civil Administration had drafted and approved plans for only 16 of the 180 communities which lie in their entirety in Area C. The plans cover a total of 17,673 dunams (1 dunam = 1,000 square meters), less than 1% of Area C, most of which are already built-up. The plans were drawn up without consulting the communities and do not meet international planning standards. Their boundaries run close to the built-up areas of the villages, leaving out land for farming, grazing flocks and future development. Since 2011, seeing that the Civil Administration did not draft plans as it is obliged to do, dozens of Palestinian communities – with the help of Palestinian and international organizations and in coordination with the PA – drafted their own plans. Some of the plans covered communities or villages located in full in Area C and others covered places only partly in Area C. As of September 2018, 102 plans had been submitted to the Civil Administration’s planning bodies, but by the end of 2018, a mere five plans – covering an area of about 1,00 dunams (or about 0.03% of Area C) – had received approval.

The odds of a Palestinian receiving a building permit in Area C – even on privately owned land – are slim to none. Given the futility of the effort, many Palestinians forgo requesting a permit altogether. Without any possibility of receiving a permit and building legally, the needs of a growing population leave Palestinians no choice but to develop their communities and build homes without permits. This, in turn, forces them to live under the constant threat of seeing their homes and businesses demolished.

The impact of this Israeli policy extends beyond Area C, to the hundreds of Palestinians communities located entirely or partially in Areas A and B, as the land reserves for many of these communities lie in Area C and are subject to Israeli restrictions there.

The demand for land for development has grown considerably since the 1995 division of the West Bank: The Palestinian population has nearly doubled, and the land reserves in Areas A and B have been nearly exhausted. Due to the housing shortage, much land still available in these areas is used for residential construction, even if it is more suited for other uses, such as agriculture.

Without land for construction, local Palestinian authorities cannot supply public services that require new structures, such as medical clinics and schools, nor can they plan open spaces for recreation within communities. Realizing the economic potential of Area C – in branches such as agriculture, quarrying for minerals and stone for construction, industry, tourism and community development – is essential to the development of the entire West Bank, including creating jobs and reducing poverty. Area C is also vital for regional planning, including laying infrastructure and connecting Palestinian communities throughout the West Bank.

In contrast to the restrictive planning for Palestinian communities, Israeli settlements – all of which are located in Area C – are allocated vast tracts of land, drawn up detailed plans, connected to advanced infrastructure, and the authorities turn a blind eye to illegal construction in them. Detailed, modern plans have been drawn up for the settlements, including public areas, green zones and, often, spacious residential areas. They enjoy a massive amount of land, including farmland that can serve for future development.

Israel’s policy in Area C is based on the assumption that the area is primarily meant to serve Israeli needs, and on the ambition to annex large parts of it to the sovereign territory of Israel. To that end, Israel works to strengthen its hold on Area C, to further exploit the area’s resources and achieve a permanent situation in which Israeli settlements thrive and Palestinian presence is negligible. In doing so, Israel has de facto annexed Area C and created circumstances that will leverage its influence over the final status of the area.”

In First, Palestinian Authority Courts to Hear Lawsuits Against Settlers

For the first time since the Palestinian Authority was established in 1994, it will allow Palestinians to bring lawsuits against Isareli settlers in Palestinian courts. The Palestinian Authority’s Justice Minister Mohammed al-Shalaldeh announced that the PA had formed a national team to handle these cases, and the team was already working to collect evidence and file suits against settlers who have committed crimes against Palestinians in Hebron and in the village of Burin, located just south of Nablus.

Until this point, no Israeli citizen has been tried in a Palestinian court. Under the Oslo Accords (which established the Palestinian Authority), the Palestinian Authority holds no jurisdication over Israeli citizens – including Israeli citizens living in the West Bank. In May 2020, PA President Mahmoud Abbas announced that the PA considers all accords and agreements with Israel to be void following Israel’s announcement that it intends to annex large parts of the West Bank in accordance with the Trump Plan. Shalaldeh said that the announcement this week flows directly from Abbas’s decision to free the PA from the Oslo Accords’ provisions.

Explaining how these cases might work, Shalaldeh said: 

“The Israeli side will be notified as an occupying power to appear before the Palestinian court…If the [Israeli] side refuses the jurisdiction of the Palestinian courts, formal procedures will be followed and in absentia rulings will be issued, in accordance with Palestinian laws.”

JNF, Elad Face International Heat Over Sumreen Family Eviction Case – Will it Matter?

Over the past month, international audiences have directed heightened scrutiny towards the radical settler group Elad and the Jewish National Fund (JNF) for the role both organizations have played in spearheading the effort to evict the Palestinian Sumreen family from their home in the Silwan neighborhood of East Jerusalem. Due to the new attention, the JNF is reportedly reconsidering whether or not to carry out the eviction of the Sumreens – an eviction which the organization has pursued since 1991.

JNF donors – along with activists, religious leaders, members of Congress, and Israel prize winners – reportedly began to express concern and outrage over the JNF’s role in the Sumreen case following the September 2020 ruling by Jerusalem Magistrate’s Court against the Sumreen’s claim to the home. In response to the criticism, the JNF (via actions by the Board of its subsidiary organization, Himnuta, which was created to take the lead for JNF in litigating aggressive settlement takeover cases like this) has acted to freeze the eviction process internally, and was scheduled to consider a proposal for freezing the formal legal proceedings against the Sumreens this past week. Himnuta’s decision and deliberations  caused conflict with Elad, which had the Jerusalem Magistrate’s Court intervene to postpone Himnuta’s Board meeting to discuss the proposal. Elad argues that Himnuta transferred all legal authority over the Sumreen case to their organization, and cannot now interfere in the proceedings. The meeting was subsequently postponed at the request of the Court.

Elad is also coming under new international scrutiny following the revelation that Roman Abramovitch – a Russian oligarch and naturalized Israeli citizen who also is one of the owners of the renowned Chelsea football club – is Elad’s single largest donor, having anonymously donated over $100 million to the settler group over the past 13 years. The BBC produced an investigative feature report on Abramovitch’s connection to Elad, pointing out that over the past 15 years more than half of Elad’s funding has come from offshore companies in the Caribbean, which are now known to be owned or controlled by Abramovitch. The BBC feature connects Elad to the settlers’ struggle to evict the Sumreen family, and the larger effort to replace Palestinians in Silwan with Jewish Israelis. 

Peace Now writes:

“The news about Abramovich’s involvement highlights the injustice Palestinians face at the hands of these settlement groups. Impoverished families are up against the financial weight of a Russian oligarch. NGOs trying to protect these families are delegitimized and their work dismissed for receiving funding from democratic European aid agencies while settler groups rake in vast sums of non-transparent money from offshore Caribbean shell companies. And the JNF is profiting off of all of this. We can’t force Abramovich to stop his funding or the JNF to stop abetting Elad in its settling campaign, but we can make them worry about their reputation. Peace Now has been conducting a campaign inside Israel to call Abramovich out for his devious funding.”

Regarding the revelations of Elad’s funding source, Emek Shaveh writes:

“…the Elad Foundation, through a combined strategy of sponsoring excavations, developing tourism and settling in Palestinian homes, succeeded in recreating Silwan as the Jewish neighbourhood of Ir David (City of David) and one of the most popular tourist destinations in the country. The exploitation of archaeological tourism by the Elad Foundation has become a number one strategy for entrenching Israeli sovereignty over historic Jerusalem. “

The Sumreen family home is located in the middle of what today has been designed by Israel “the City of David National Park.” The area is managed by the radical Elad settler organization, which for years has also been pursuing the eviction of Palestinians from the homes in Silwan. For nearly three decades, the Sumreen family has been forced to battle for legal ownership of their home, after the state of Israel, prompted repeatedly by the JNF, declared the Sumreen’s home to be “absentee” property. After that designation – which was not communicated to the Sumreen family – Israeli law permitted the state to take over the rights to the building. The state then sold the rights to the home to the JNF in 1991. The JNF has pursued the eviction of the Sumreen family ever since. Israeli courts ruled in favor of the Sumreen family’s ownership claims to the home for years, until a September 2019 ruling by the Jerusalem Magistrate’s Court granted ownership of the family’s home to the JNF, a decision the family immediately appealed to the Jerusalem District Court. 

A full history of the saga involving the Sumreen family – which is similar to dozens of other Palestinian homes in Silwan that were declared Absentee Property in the 1990s – can be found on the Peace Now website here.

Report: U.S. Will Not Back De Jure Annexation Until 2024 [But Friedman Says 2021 Is in Play]

A series of reports in mid-September suggested that, as part of its commitment to the U.A.E. in exchange for normalization with Israel, the U.S. promised to withhold its recognition of Israeli annexation until January 2024, at the earliest.

The 2024 timeline harkens back to a concept in Trump’s “Deal of the Century” which gave (oh so generously) the Palestinians a four year window to enter into negotiations with Israel on the basis of the Trump Plan’s conceptual map.

Following these reports regarding a 2024 timeline for the U.S. greenlighting Israeli annexation, U.S. Ambassador David Friedman (who has been a champion of annexation) told Israel’s Army Radio that annexation can happen next year. Friedman, pushing back on U.A.E. press leaks seeking to promote the notion that the Abraham Accords stopped annexation, said:

“We said in our statement that sovereignty will be postponed, and this does not mean that it has been abolished, but rather that it has stopped. It has been suspended for a year, maybe more, but it has not been cancelled.”

Bonus

1. “Tourism in the Service of Occupation” (Al-Shabaka)
2. “The Status Quo on the Temple Mount/Haram Al Sharif: Dodging a Bullet (For Now)” (Terrestrial Jerusalem)
3. “How Evangelicals Working in Settlements Bypassed Israel’s COVID-19 Entry Ban” (Haaretz)
4. “ The March of Folly in the Settlements Continues” (Haaretz)
5. “Israeli Students in State-funded Scholarship Program Guard Illegal West Bank Outposts” (Haaretz)

Welcome to FMEP’s Weekly Settlement & Annexation Report. To subscribe to this report, please click here.

August 14, 2020

1. Bibi (Temporarily) “Suspends” Annexation as Part of UAE-Israel Normalization Agreement
2. Forging Ahead with De Facto Annexation: Israel Starts Construction on Two New Settlement Projects
3. Israel Advances Plans for More Bypass Roads for Jerusalem-Area Settlements
4. Settlers Continue to Escalate Terror Campaign Against Palestinians, Israeli Police
5. Bonus Reads

Comments/questions? Contact Kristin McCarthy (kmccarthy@fmep.org)

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Bibi (Temporarily) “Suspends” Annexation as Part of UAE-Israel Normalization Agreement

On August 13th, the United Arab Emirates and Israel announced the signing of a U.S.-brokered “peace deal” that will fully normalize relations between the two countries – in effect bringing barely hidden secretive relations between the two nations out into the open. In a statement on the deal tweeted by President Trump, the countries have agreed to pause the implementation of Trump’s “Deal of the Century,” with Israel committing – at the request of President Trump – to suspend its plans to annex the West Bank. However (and predictably), Netanyahu quickly clarified that annexation is still very much on his agenda, saying during a televised address:

“There is no change to our plans to apply sovereignty over Judea and Samaria, in coordination with the US. I remain committed to that” and that he will “never give up on our rights in our land.””

U.S. Ambassador David Friedman – who travelled to Washington this week to participate in talks – quickly backed Netanyahu’s refusal to shelve annexation. The Jerusalem Post reports the following:

“US Ambassador to the US David Friedman clarified that the word which had been chosen to describe the [annexation] situation was “suspended” and that word had been chosen “very carefully” because it means a temporary halt. Sovereignty, Friedman said was “off the table” not but not “off the table permanently.” But at an earlier stage in the conference Friedman noted that the application of sovereignty to West Bank settlements was incompatible with the overall goal of normalized ties between Israel and the Arab world. Friedman has been one of the strongest supporters of Jewish communities in Judea and Samaria. On Thursday night, as he spoke with Trump in Washington, he said, however, “we are putting our eggs into the basket  of peace. The US Ambassador explained that, “we have an agreement with the Emirates. We are going to nail all the details, embassies, overflights, commercial. Then we are going to extrapolate that to the rest of the region. “How long that takes, I cannot tell you. But we have prioritized peace over the sovereignty movement. It’s not off the table, it’s just something that has been deferred until we have given peace every single chance.” When asked if a deal with the UAE could have been reached without Netanyahu’s decision to suspend annexation. “I think you can’t do both at the same time,” Friedman said. “Prioritize peace. Sovereignty after peace is given every opportunity.”

The Palestinian Authority denounced the UAE-Israel agreement, stating that “The UAE is not entitled to speak on behalf of the Palestinian people,” and calling for an urgent meeting of the Arab League. PLO Executive Committee member Hanan Ashrawi tweeted:

“Israel got rewarded for not declaring openly what it’s been doing to Palestine illegally & persistently since the beginning of the occupation. The UAE has come out in the open on its secret dealings/normalization with Israel. Please don’t do us a favor. We are nobody’s fig leaf!”

For more reaction from Palestinian factions, see this helpful Twitter thread from Ben White.

The UAE-Israel normalization deal serves many, many purposes for the three parties involved – the Trump Administration, the UAE government, and Netanyahu. For the U.S., it gives Donald Trump a foreign policy “victory” heading into the November elections. For the UAE, it is presented as a political “victory” that stops Israeli de jure annexation (even if only temporarily), while simultaneously allowing for the expansion of security and diplomatic cooperation (not to mention dividends from the U.S. that may become known later). And for Israel, it allows Netanyahu to claim a significant foreign policy victory, at a moment when he is facing the possibility of another election, while also providing a new rationale for why he has not yet advanced annexation of the settlements. 

Notably, none of these purposes has anything to do with the rights and future of the Palestinian people. To the contrary, the deal facilitates the continuation of the current situation, in which Israel continues with settlement expansion, de facto annexation of the West Bank, and denial/violation of Palestinian rights, and at best temporarily delays the move by Israel toward formal, de jure annexation. 

Al-Shabaka analyst and expert Tareq Baconi explained:

“This is not a “historic peace agreement” but a repackaging of an ongoing reality of normalisation between the UAE and Israel against the backdrop of de facto annexation and occupation of Palestinian territories. Repackaging reality and selling it as a diplomatic breakthrough is a show we’ve seen from the Trump administration before. Deal of the century to sell apartheid anyone? It’s not diplomacy, its marketing spin. But, this is also not inconsequential business as usual. The UAE’s decision to proceed in this way is a dangerous precedent in the post-Arab Peace Initiative era, where official normalization has become possible despite continued Palestinian subjugation. Bahrain next? This is the latest in a long history of Arab leaders selling the Palestinian issue or manipulating the Palestinian struggle to further their own interests, from the very inception of the PLO on. Sadat? Two ways to read Bibi. 1. Annexation may have always been a house of mirrors. Now he can be rewarded for not annexing: peace for occupation. 2. This is an admission of defeat; he was unable to annex, and needs a shiny new object to detract attention…Two things are certain. First, this agreement is one more step in the effort to formalise a new vision for the Middle East that is even further away from the calls of the Arab street that resonated in 2011. Second, this is another indication that the Palestinian leadership remains a spectator to events that determine their fate, unable to influence the unfolding trends. And finally, after a whole lot of fanfare around annexation, where are we now? Everyone breathing a sigh of relief that Israel continues to control the same territory.”

Adding to that analysis, FMEP’s Lara Friedman noted:

“…3rd option: annexation temporarily “suspended” for sake of normalization w/ UAE (& others?), but still on table. Given Trump Admin Greater Israel predilections & Evangelical voters, expect some concrete move before Nov elex.”

Palestinian expert Omar Baddar of the Institute for Middle East Understanding tweeted:

“ 1) There is nothing “historic” or “groundbreaking” about this agreement: Israel & the UAE have been strong allies under the table for many years! This is merely making that friendship public (which is still interesting). Israel didn’t “halt” the annexation for the West Bank (annexation is ALREADY a de facto reality on the ground). Israel merely “suspended” its announcement of a reality it has already illegally imposed on Palestinians. It is FALSE to say Israel suspended it at the UAE’s request. Israel suspended (put off) its annexation announcement after realizing it was going to be costly to Israel, with many US Democrats threatening for the first time to cut off military aid to Israel. The suspension came long before this UAE deal was reached. The claim that the UAE deal is responsible for halting Israel’s annexation announcement is merely a PR stunt for the UAE government, which knows full well that normalization with Israel WHILE Israel continues to brutalize Palestinians is extremely unpopular in the region. The Arab Peace Initiative already promised full normalization of relations between Israel and all Arab countries in exchange for ending Israel’s illegal occupation of the Palestinian territories to allow a tiny Palestinian state to exist. Israel rejected this generous offer. Some Arab governments see “the Palestinian cause” as a burden, feigning concern for their human rights while secretly working with Israel on “more important” partnerships: economic, intelligence, undermining Iran’s influences in the region…etc. Israel may be able to normalize w/these dictatorial governments w/out treating Palestinian like human beings who deserve basic rights, but Israel will never be truly accepted by the PEOPLE of the region so long as Palestinians live without freedom under the boot of occupation.”

Former Vice President and current Democratic presidential nominee Joe Biden released a statement praising the deal, and reiterating his opposition to annexation (conspicuously not acknowledging occupation and ongoing de facto annexation):

“Annexation would be a body blow to the cause of peace, which is why I oppose it now and would oppose it as president. It would virtually end any chance of a two-state solution that would secure Israel’s future as a Jewish and democratic state and uphold the right of Palestinians to a state of their own. By forestalling that possibility and replacing it with the hope of greater connection and integration in the regions, the UAE and Israel have pointed a path toward a more peaceful, stable Middle East.”

U.S. Congresswoman Rashida Tlaib tweeted:

“We won’t be fooled by another Trump/Netanyahu deal. We won’t celebrate Netanyahu for not stealing land he already controls in exchange for a sweetheart business deal. The heart of the issue has never been planned, formal annexation, but ongoing, devastating apartheid. The focus needs to be on promoting solidarity between Palestinians & Israelis who are joining together in struggle to end an apartheid system. We must stand with the people. This Trump/Netanyahu deal will not alleviate Palestinian suffering—it will further normalize it.”

Former Obama Administration official Ben Rhodes commented:

“This agreement enshrines what has been the emerging status quo in the region for a long time (including the total exclusion of Palestinians). Dressed up as an election eve achievement from two leaders who want Trump to win.”

B’Tselem Director Hagai El-Ad tweeted:

“Now that Israel has magnanimously agreed to “suspend declaring sovereignty”, all can calmly get back to underwriting Israel’s tried-and-tested perpetual oppression of Palestinians: arbitrary killings, land theft, controlling every aspect of an entire people’s life. Biz-as-usual.”

Netanyahu is already receiving criticism from staunch pro-annexation forces to his right, which largely feel betrayed by Netanyahu.

Yamin MK Naftali Bennet (whose popularity is soaring), said:

“it’s sad [Prime Minister Benjamin] Netanyahu missed a once-in-a-century opportunity to extend Israeli sovereignty over the Jordan Valley… and the rest of Israeli settlements [in the West Bank]. It’s tragic Netanyahu hasn’t seized the moment and hasn’t had the courage to extend sovereignty even over an inch of the Land of Israel.”

Israeli Transportation Minister Miri Regev said:

“This is a historic agreement on every level, security, economic, business — but it can’t come at the expense of sovereignty that the prime minister and all of us have committed to.”

David Elhayani, head of the Yesha Council of settlers said:

“He [Netnayahu] deceived us. He has deceived half a million residents of the area and hundreds of thousands of voters.”

Notably, Egypt, Oman, and Bahrain came out with statements welcoming  the agreement.

Forging Ahead with De Facto Annexation: Israel Starts Construction on Two New Settlement Projects

Over the past week, Palestinian media has documented the start of the construction on two significant new settlement projects.

On August 12th, Wafa News reports that Israeli construction crews began leveling land near the Palestinian villages of Iskaka and Yasuf in preparation for expanding the nearby unauthorized outpost of Nofei Nehemia. The area is located east of the Ariel settlement in the heart of the northern West Bank. ActiveStills documented this construction project as it continued on August 13th.

On August 13th, Wafa News reports that Israel began construction on a new settler bypass road near the Kafr al-Labad village, located east of Tulkarm in the northern West Bank.

Israel Advances Plans for More Bypass Roads for Jerusalem-Area Settlements

Ir Amim reports that the High Planning Council recently advanced a massive outline plan for expanding the road infrastructure for settlers in the West Bank, with the goal of more seamlessly integrating the settlements into the Jerusalem metropolitan area. Ir Amim detailed the plans for three new bypass roads in the Greater Jerusalem area, which were deposited for public review on July 3rd: 

1 – A new road that will allow settler traffic to bypass the Qalandiya checkpoint via a new tunnel. This plan specifically serves a cluster of settlements – located deep inside the West Bank, in an area that under any reasonable sense of a two-state solution cannot become part of Israel — that Netanyahu has recently dubbed a “fourth settlement bloc.” In so doing, Netanyahu is in effect defining these settlements as forming an area over which Israel will never relinquish control. This “bloc” includes the settlements of Adam, Kochav Yaakov, Ofra, and Beit El.  Ir Amim writes: 

“The planned road will create a quick and smooth connection for settler traffic entering Jerusalem from the northeast… it will enhance the contiguity between Jerusalem and the so called ‘fourth settlement bloc’ and enable the expansion of settlement construction. The planned road will also cut through the A-Ram and Qalandia area between A-Ram and Ramallah. Today there are no settlements in this area nor is settler traffic passing through it. It is telling that during the discussion the planners explained that the route of the road was designed to pass a distance away from the Kochav Yaakov settlement and close to the town of A-Ram. As in many other cases, this means that the road leaves a large area next to the settlements enabling its future expansion, while its construction will serve to limit the possibility of A-Ram’s future development. For the construction of the road, private Palestinian land will have to be expropriated. According to rulings of the Israeli courts based on International Law, private Palestinian land cannot be seized for the purpose of settlements and settler traffic, therefore the Civil Administration claims that the road will also serve Palestinian traffic and for that purpose an interchange nearby Qalandia will connect it to the road to Ramallah. But when examining the schedule for construction of the road, it is clear that this interchange is scheduled to be operational only in the year 2040- many years after the road serving settler traffic is scheduled to open. The fact that Israel is advancing large scale plans for 20 years into the future demonstrates Israeli intentions regarding its control of the area for decades to come.

2 – Expansion of an existing bypass road leading from the Adam settlement into Jerusalem. This plan will likewise serve settler traffic connecting the “fourth settlement bloc” to Jerusalem. This project will also require the expropriation of privately owned Palestinian land. Ir Amim writes: “The committee claims to justify the expropriation by stating that the road serves Palestinian traffic as well, yet it is doubtful if there is any significant Palestinian public transportation on the road.”

3 – A new bypass road near the Palestinian village of al-Walajeh, connecting the Etzion settlement block to Jerusalem. Ir Amim notes that this road is a prerequisite for Israel’s expansion of the Har Gilo settlement. This plan will require the expropriation of privately owned Palestinian land. Ir Amim writes: “the Israeli Civil Administration wishes to justify its confiscation of Palestinian private lands needed for the construction of the road by claiming that it will also serve Palestinian traffic. This claim would clearly be false as the road only leads into Jerusalem along a route from which Palestinian traffic is blocked by Israeli checkpoints…The planned expansion of Har Gilo by 560 housing units – an addition which will more than double the current size of Har Gilo – is located adjacent to Al-Walaja from the west and will result in the village’s complete isolation.”

Commenting on the plans as a whole, Ir Amim notes:

“These plans for road infrastructure are part of the huge investments of the Israeli government into the de-facto annexation of Greater Jerusalem through furthering large-scale, unilateral, facts on the ground. If realized, these projects will dramatically change the landscape around Jerusalem and deep into the West Bank, allowing for rapid settlement expansion and further fragmentation of  the Palestinian space. These moves will deal a death blow to the prospect of a two state solution and lay the ground for the formal annexation of Greater Jerusalem whether through a ‘minor’ or ‘major’ scope of annexation.”

Settlers Continue to Escalate Terror Campaign Against Palestinians, Israeli Police

Rights groups and media outlets have documented several instances of settler-perpetrated violence in the vicinity of the Yitzhar settlement over the last week:

• On August 11th, B’Tselem reports that settlers threw stones at Palestinians in two separate incidents.
• On August 12th, dozens of masked settlers violently clashed with Israeli police while the police attempted to dismantle the unauthorized Shevach Haaretz outpost near Yitzhar, located just south of Nablus. The settlers deployed pepper spray, threw paint cans, and punctured car tires during the incident. One police officer needed medical attention, and additional forces were deployed to the area before the riot was dispersed. No arrests were reported.
• On August 13th, Yesh Din reports that a group of settlers set a bulldozer on fire at a Palestinian quarry in the Nablus region, near the radical Yitzhar settlement (home of the Hilltop Youth settler movement). 
• The Palestinian villages of Asira al Kabalia and Urif were vandalized with hateful graffiti spray painted in the villages and damage to vehicles.

Bonus Reads

1. “Normalization Deal Between Israel and the UAE Signals a Shift in the Region” (Foreign Policy)
2. “These Settler Farmers Are All About Peace and Love – Just Don’t Mention Land Theft” (Haaretz)
3. “’The Left Made Israel More Moral, but Their Mistakes Made Them Irrelevant’” (Haaretz)

Welcome to FMEP’s Weekly Settlement & Annexation Report. To subscribe to this report, please click here.

August 7, 2020

1. U.S. “Source”: Annexation is Still on the Table
2. Givat Hamatos Settlement Tender Delayed (Again)
3. Emek Shaveh: Civil Administration Hearing on Hebron Settlement Project is a “Farce”
4. Minister Presides Over Celebration of Completion of New Migron settlement
5. On 15-Year Anniversary of Disengagement, Israeli MKs Vow No More Settlement Evacuations
6. Settlers Say Israel’s Mismanagement of West Bank Land Registry Has Enabled Palestinian Theft of Land in Area C
7. State Comptroller Report Re-Centers Long Standing Settler Safety Complaints As Grounds for More De Facto Annexation
8. Near Nablus, Palestinians Take on IDF & Settlers to Stop Land Theft
9. Israel’s Short-Lived Settlement Affairs Ministry Shipped to London
10. West Bank Realities No Longer Hidden by U.S. Satellite Imagery Prohibition
11. Bonus Reads

Comments/questions? Contact Kristin McCarthy (kmccarthy@fmep.org)

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U.S. “Source”: Annexation is Still on the Table

Annexation rumors were kept alive this week with an August 3rd report that a “well placed source” told The Times of Israel that Avi Berkowitz (an assistant to President Trump and Special Representative for International Negotiations) continues his work to get Trump’s sign-off on Israel’s plan to annex of a massive portion of the West Bank. The source said that more negotiations between the U.S. and Israel are needed, and that the U.S. is demanding that Israel make some kind of gesture to the Palestinians. In weeks past, it has been suggested that this “gesture” could be Israel giving Palestinians some degree of control over a small part of Area C.

Also on August 3rd, Prime Minister Netanyahu commented to his fellow Likud Party members that the Trump Plan was not off the table, but that the decision and movement around the plan was in the U.S. arena.

Speaking on August 5th, Foreign Minister Gabi Ashkenazi (a key leader of the Blue & White Party) appeared to contradict Netanyahu, saying: 

“Right now [annexation is] not on the agenda, because everyone is busy” [but also making clear his support for the Trump Plan and annexation, noting “as we stated, it’s a framework to solve the conflict. We prefer to do to in dialogue with our neighbors, we prefer to do to it without interfering with the existing past peace agreements [with Egypt and Jordan], and future ones. We are fully aware of the consequences of this vision and we would like to do it in a responsible way.”

Givat Hamatos Settlement Tender Delayed (Again) 

Scheduled to be open for bidding on August 2nd, Ir Amim reported on August 3rd that (as of that date) the tender for the construction of the Givat HaMatos settlement in East Jerusalem (1,077 units) had not yet been opened online. The Israeli government has not offered an explanation for the delay (the second delay in this opening for bids) or timetable for when the bidding will be opened. 

Though the plan for Givat Hamatos has been fully approved, construction of the settlement has yet to start. Givat Hamatos has long been regarded as a doomsday settlement by parties interested in preserving the possibility of a two-state solution. If the Givat Hamatos settlement is built, the Palestinian neighborhood of Beit Safafa in East Jerusalem will be completely surrounded by Israeli construction, severing its connection to the West Bank. 

In anticipation of the bidding window opening, 15 European Union members issued a rebuke of the plan during a video conference, with the French Embassy in Israel later tweeting its disapproval of Israel’s advancement of both the E1 and Givat Hamatos settlements. Peace Now also delivered a letter to Benny Gantz and Gabi Ashkenazi beseeching them to stop those two settlement plans from moving forward.

Hanan Ashraw sharply responded to the outcry against E-1 and Givat Hamatos from the EU countries, saying:

“Rhetorical opposition has not deterred Israel. In fact, Israel is emboldened to escalate its criminal actions precisely because it is confident that opposition will not move from the verbal to the practical. If implemented, these Israeli plans would completely sever occupied Jerusalem from its natural Palestinian surrounding and cut the occupied West Bank in half. While the international community is concerned with the “possibility” of annexation, Israel is implementing its annexation scheme on the ground without any deterrence.”

Emek Shaveh: Civil Administration Hearing on Hebron Settlement Project is a “Farce”

On August 4th, the Israeli Civil Administration’s High Planning Committee held a public hearing to discuss objections submitted against its plan to build accessible infrastructure, including an elevator, at the al-Ibrahimi Mosque/Tomb of the Patriarch in Hebron — a plan which requires Israel to seize from the Islamic Waqf. 

Described as “unprofessional” and “a farce” by Emek Shaveh (an Israeli NGO with deep expertise in archaeology and the preservation of historic sites), the hearing began with the Council chairman stating that the government had already determined that it will build the elevator regardless of any objections to the plan. The Chairperson said:

′′We [the members of the planning committee] all decided, it is an important program that must be promoted…What is this attitude, you came to resist. Why resist?””

Emek Shaveh raised several objections to the plan’s archeological and planning deficits, and the Palestinian Municipality of Hebron submitted objections to Israel’s violation of agreements, signed by Israel, relating to governance and planning in Hebron. 

Emek Shaveh said in its statement:

“The most important historical, archaeological and holy site in the West Bank has been subject to reckless and amatuer planning and is the victim of politically motivated, unprofessional decision making.”

Minister Presides Over Celebration of Completion of New Migron settlement

On July 27th, Health Minister Yuli Edelstein spoke at an event to celebrate the end of construction on the new Migron settlement, which will house 50 settler families. 

The new Migron site is located a little over one mile away from the original site of the outpost bearing the same name – which settlers were forced by Israel to evacuate. The new site is on a hilltop that is technically within the jurisdiction of the Kochav Ya’acov settlement, but is not contiguous with its built up area. As such, it is properly understood as a new settlement. The fact that the site is within the territory allocated to Kochav Ya’acov allowed Israel to approval of New Migron as if it were merely a neighborhood of an existing settlement rather than a new settlement.

In 2011, the Israeli High Court ruled that (old) Migron – an illegal outpost – must be evacuated because it was built on privately owned Palestinian land. Most of the illegal outpost’s residents were evacuated and most of the outpost’s buildings were demolished in 2012.  Determined to demonstrate its support for settlers in the face of this court-compelled evacuation, the government promised to establish two new settlements: “New Migron” (the settlement officially inaugurated this week), as well as 184 housing units to be built east of the settlement of Adam (aka, Geva Binyamin). All said, the two new settlements and temporary housing for the evicted settlers cost Israeli taxpayers millions of dollars – sending a clear message that settler law-breaking pays off.

At last week’s ceremony, which was also attended by Ronen Peretz, a senior aid to Netanyahu, Minister Edelstein said:

“This is an important national moment…this is the response [to Disengagement]. This is what provides hope…With God’s help, the application of sovereignty over Judea and Samaria will give an even more determinative response.”

Edelstein’s reference to the “Disengagement” refers to Israel’s unilateral move in 2005 to evacuate its settlements in the Gaza strip and a small number of settlements in the northern West Bank (which took place almost 15 years ago to the date the celebration of New Migron). 

On 15-Year Anniversary of Disengagement, Israeli MKs Vow No More Settlement Evacuations

On August 4th, a coalition of Knesset Members led by Bezalel Smotrich (Yamina) and Miki Zohar (Likud) introduced a bill meant to prevent the government from evacuating settlements under any circumstances. The bill was introduced on the anniversary of Israel’s 2005 unilateral move to evacuate 21 settlements in the Gaza Strip and four settlements in the northern West Bank.

Minister of Diaspora Affairs Omer Yankelevich (Blue & White) also took the opportunity to state her opposition to settlement evacuation, making the following remark during a tour of settlements in the northern West Bank:

“Settlement evacuation brings terror, not peace…Judea and Samaria are an inheritance from our forefathers. There are those who speak of these areas in terms of cost versus benefit but we need to remind them that we are talking about our land and not to be ashamed of this fact. Extension of sovereignty over these areas is our desire at the end of the day, under the right conditions,”

In addition, Gilad Sharon (son of former Prime Minister Ariel Sharon who devised and implemented the 2005 disengagement) added his voice to the anti-evacuation chorus. While defending his father’s actions and bashing the Palestinians, Sharon said:

“What we could afford in the Gaza Strip, in an isolated area squeezed between the desert and the sea, we cannot do in Judea and Samaria. This is the heart of the land, Judea and Samaria. When the world sees what happened in Gaza, because they got billions of dollars. What did they do with the money? [Did they build] any housing, factories, something? Only rockets and terror tunnels. That’s what they did, so everyone understands that that’s how they behave when they are left alone. What you can afford for yourself in an isolated corner, you cannot do in the heart of Tel Aviv, in the suburbs of Tel Aviv, in the heart of the country. I don’t think we should evacuate anything. Gaza was a very unique case, nothing to do with Judea and Samaria, which we have to hold forever.”

Settlers Say Israel’s Mismanagement of West Bank Land Registry Has Enabled Palestinian Theft of Land in Area C

A new report published by the Israeli State Comptroller chided the Israeli Defense Ministry for its incomplete land registry documenting land ownership (Palestinian and Israeli) in Area C of the West Bank. The radical settler group Regavim used the report as yet another opportunity to perpetuate the myth that the Palestinian Authority is orchestrating a campaign to steal Area C land from Israel. As a reminder, Area C land is not Israeli land; it is land occupied by Israel that, under the Oslo Accords, came under temporary Israel civilian and security control under arrangements that were supposed to last only a short period of time before a permanent status agreement was reached between the parties – an agreement that was supposed to be reached within 5 years.

Regavim Director-General Meir Deutsch said:

“The painstaking, glacial pace of handwritten record keeping is fertile ground for forgery, and leads to further violation of property rights, making it nearly impossible to conduct property transactions in a normal fashion. The failure to carry out the necessary registration and regulation of land in these areas has enabled the Palestinian Authority to carry out a well-planned, carefully-timed and well-funded land-seizure program.”

State Comptroller Report Re-Centers Long Standing Settler Safety Complaints As Grounds for More De Facto Annexation

A new report published by the Israeli State Comptroller blamed the Israeli Defense Forces for putting settlers in danger by failing to secure roads in Area C for the settlers. The report explained that part of the IDF’s failure was due to bad communication and conflict over which Israeli ministry – Defense or Transportation – was actually in charge. This framing is significant given that the Israeli Civil Administration –  the body which effectively is the occupying government of the West Bank – is part of the Defense Ministry, while the Transportation Ministry does not have legal planning authority in the West Bank (it is a part of Israel’s own government, meaning that giving it authority in the West Bank amounts to de facto annexation). The report also called out the Defense Ministry for the poor quality and incompleteness of the West Bank land registry (as discussed above).

Efrat Council Chairman Oded Revivi said that the report demonstrates why Israel needs to annex the settlements.

As a reminder: settlers are Israeli civilians who have chosen, for a variety of reasons, to live in an area under military occupation where their “safety” must be actively attended to by the Israeli army. The issue of security for settlers and settlement infrastructure has in the past translated to massive investments of government resources into projects that entrench and expand Israel’s de facto annexation of the West Bank. For example, following months of intense pressure from settlers, in October 2017, then-Defense Minister Avigdor Liberman promised to allocate $939 million for projects for settlers and settlements across the West Bank. According to the Times of Israel, the  $939 million package was dedicated to funding:

“the installation of security cameras along roads throughout the West Bank; the installation of cell phone towers to improve reception for settlers who may need to call for help; the paving of bypass roads around Palestinian towns and settlements to allow the populations to avoid each other; the bolstering of armored buses that travel through the West Bank; and broad security improvements for each settlement that will include security cameras, “smart fences” and sensors to warn of attempts to sneak into settlements.”

The following year (2018), Israel inaugurated several new bypass roads In partial fulfillment of the 2017 funding commitment to a settler security package.  In 2019, Israel issued permits for the construction of an additional two bypass roads.

Near Nablus, Palestinians Take on IDF & Settlers to Stop Land Theft

On August 6th, Wafa reports that Palestinians clashed with IDF just west of Nablus, at the site of a new outpost that settlers were attempting to establish near a well on privately-owned Palestinian land. The report says Palestinians were attacked by the IDF when they attempted to reach the area where settlers had set up a tent and a caravan. 

Palestinians reportedly planned to continue their struggle to challenge the settlers’ effort to take over the site by staging Friday prayers there.

Israel’s Short-Lived Settlement Affairs Ministry Shipped to London

After serving for around four months as Israel’s first Settlement Affairs Minister, Tzipi Hotovely (Likud) has now moved on to be Israel’s Ambassador to the United Kingdom. There is no word on her replacement.

Hotovely is regarded as a rising star in the Likud Party (which some suggest is why she is being sent abroad, noting that Netayahu has a pattern of using ambassadorship to put some distance between himself and those he sees as posing the greatest challenge to him politically). Hotovely is well known for her radical views — racist, homophobic, and pro-annexation — as well as her denial of the existence of the Palestinian people.

West Bank Realities No Longer Hidden by U.S. Satellite Imagery Prohibition

Al-Shabaka policy fellow Zena Agha writes in Foreign Policy about the repercussions and importance of a recent change in U.S. policy regarding satellite imagery. This change eliminates the longstanding prohibition on American satellite imagery companies producing high-resolution photos of the West Bank. Agha writes:

“Significantly, the reversal empowers humanitarian groups working to hold Israel accountable for its violations of international law, including unlawful killings and settlement construction (which, under the fourth Geneva Convention, constitutes a war crime). It is perhaps for this reason that the KBA’s reversal has already caused some disquiet in Israeli military quarters. The reversal also has geopolitical implications. Satellite images of the border areas of Jordan, Syria, Lebanon, and Egypt have thus far been both downsampled and poorly covered (with many operators wary of capturing any Israeli territory). The change in legislation will provide uncensored images of these areas and allow for their monitoring and investigation, particularly around environmental issues such as water extraction. Finally, from the perspective of historical justice and accountability, uncensored, high-resolution images enable Palestinians to accurately catalog the remnants of villages and towns destroyed during the events of 1948 and beyond. The democratizing power of the reform will allow Palestinians to use technology to rediscover an erased past and to imagine an alternative future.”

Bonus Reads

1. “Court override bill dead in the water as Haredim, Liberman rule out support
2. “ (The Times of Israel)
3. “Peace Now asks Gantz, Ashkenazi to halt east Jerusalem Givat Hamatos homes” (Jerusalem Post)
4. “What Comes First, an Israeli Army Firing Zone or Palestinian Villages?” (Haaretz)
5. “Netanyahu’s decline benefits pro-settler Bennett” (Al-Monitor)
6. “Israel Offers Money to Palestinian family for Killing by Settler” (Ynet)

Welcome to FMEP’s Weekly Settlement & Annexation Report. To subscribe to this report, please click here.

July 24, 2020

1. Annexation Watch: Gantz Pushes for Status Quo, Bibi Hints at New Elections
2. 2020 is on Track to Be Record Year for East Jerusalem Settlement Growth
3. A Bump in the Road for Plans to for Settler Yeshiva in Sheikh Jarrah
4. IDF Demolishes Outpost (After it was Relocated Near to Israeli Army Base)
5. Israel Starts Construction to Expand the Ibei Hanachal Outpost
6. Israeli Plans for Wadi Al-Joz in East Jerusalem, Including the “Silicon Wadi” Project, Expected to Advance
7. Israel “Recovers” Religious Relic from Palestinian Village
8. Greenblatt: Trump Plan has 60-80 Pages of Conditions on/for a Future Palestinian “State”
9. Bonus Reads

Comments/questions? Contact Kristin McCarthy (kmccarthy@fmep.org)

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Annexation Watch: Gantz Pushes for Status Quo, Bibi Hints at New Elections

Three weeks after July 1 – the date when it officially became open season for Israel to annex West Bank land – there has still been no movement toward a formal act of annexation by the Israeli government (though de facto annexation continues unabated). This week, two reports further churned up the “will it happen/won’t it happen” speculation machine.

First, a July 19th report suggests that Benny Gantz, Israel’s Alternate Prime Minister and Defense Minister, is pushing Netanyahu to delay annexation plans in order to focus all of the government’s efforts on combating the resurgence of the coronavirus across the country. The report further suggests Gantz is appealing for the government to focus on expanding existing settlements and building infrastructure that serves settlers (and theoretically Palestinians as well, though such projects serve to entrench the presence of settlers) — in effect, setting aside de jure annexation to pursue de facto annexation more energetically.

Second, reports on July 22nd circulated the rumor that Netanyahu intends to go to elections in November – a move which would collapse any cooperation with Gantz and potentially could hinder Netanyahu’s ability to advance annexation. On the other hand, such a move could also free Netanyahu from the constraints of the unity deal, as well as from the U.S. (alleged) condition that Gantz must consent to Netanyahu’s annexation plan before receiving a U.S. greenlight. Netanyahu denied this report later in the week.

2020 is on Track to Be Record Year for East Jerusalem Settlement Growth

Ir Amim published a review and analysis of official settlement data from the first six months of 2020, showing that a total of 3,514 settlement units were advanced for settlements in East Jerusalem. If this pace continues, Ir Amim reports that 2020 will set a new record for East Jerusalem settlement activity (the current record is held by 2012, the year Palestine was recognized as a non-member state by the United Nations General Assembly and Israel retaliated by accelerating its de facto annexation of Palestinian land via settlement growth, including in East Jerusalem).

Notably, the plans advanced so far this year include many of the most controversial settlements on the drawing board – like Givat Hamatos, E-1, and new enclaves within Palestinian East Jerusalem neighborhoods like Beit Hanina. 

In Amim writes:

“The scope and significance of the plans that were advanced in the last six months shows Israel’s determination to consolidate its control – both in terms of demography and territory – over the whole of East Jerusalem and further into Greater Jerusalem. This is seen especially as settlement construction increases in the areas connecting East Jerusalem and Greater Jerusalem (ex: Har Homa E and Givat Hamatos) and the creation of massive facts on the ground such as in the case of the E-1 plans. Thus, Israel is laying the groundwork for the official annexation of Greater Jerusalem. In parallel, these facts on the ground serve to entrench the detachment of East Jerusalem from the West Bank and further fracture the Palestinian space in and around Jerusalem. Combined, these steps threaten to deal a death blow to Palestinian aspirations in Jerusalem, the possibility for two capitals in the city, and a two-state solution…[the number of settlement advancements] signal a leap in settlement advancement in East Jerusalem, both in terms of quantity of housing units as well as in the advancement of new settlements in the most sensitive areas where, for years, Israel had to refrain from doing so due to international pressure.”

See the paper for  details on the plans advanced so far in 2020. The paper concludes with this brief recap of 2020 settlement activity:

• A tender for construction of 1,077 housing units in the new settlement Givat Hamatos was published.
• Master plans for adding 6,100 housing units in new settlements of Har Homa E and Givat Hamatos. For 500 of these housing units, a detailed outline plan was also advanced at the District Committee.
• Two detailed outline plans with a total of 144 housing units in two settlement compounds in the Palestinian neighborhood Beit Hanina were approved for deposit as well as a dormitory for dozens of Yeshiva students in Sheikh Jarrah.
• Nine detailed outline plans were advanced with a total of 2,870 housing units inside the built-up area of East Jerusalem settlements.

A Bump in the Road for Plans to for Settler Yeshiva in Sheikh Jarrah

Ir Amim reports that on July 21st, the Jerusalem District Planning Committee unexpectedly delayed making a final decision on settler plans for a new Jewish religious school (yeshiva) and dormitory – named the Glassman Campus project – at the entrance of the Palestinian neighborhood of Sheikh Jarrah, located in East Jerusalem. The Committee was expected to make a final decision on the plan at this meeting, but instead ordered a new report assessing the needs of the neighborhood, to be prepared within 60 days. The Court’s order comes after groups, including Ir Amim, submitted objections to the plan that detaied the classroom shortage in Palestinian neighborhoods, due in part to the lack of available land to build on.

The plan to build the yeshiva and dormitory (which would house dozens of young religious settlers), as well as another project for a 6-story building in the same area, aim to strengthen Israeli settlers’ hold on the neighborhood. Once built, settlements will literally flank both sides of the road leading into Sheikh Jarrah, advancing the settlers’ goal of cementing the presence of the settlement enclaves inside of Sheikh Jarrah by connecting them more seamlessly to the neighborhood’s periphery and to West Jerusalem.

Ir Amim writes:

“This unexpected decision is of great importance. It creates a significant obstacle to the approval of the Yeshiva plan and requires the Municipality to describe in detail the needs of the Palestinian neighborhood. Also, the decision is a clear expression of the fact that settlements in East Jerusalem come directly at the expense of the basic needs of Palestinians in the city.”

Located just north of Jerusalem’s Old City, Sheikh Jarrah has endured years of aggressive settlement activity by radical settlers via various means, including using Israel’s court system to strip Palestinians of their ownership rights. Sheikh Jarrah’s plight was featured in a 2013 film by Just Vision, “My Neighborhood.” Just Vision also produced “Home Front,” a series of video interviews with the Palestinian residents and Israeli activists fighting together against settlement expansion in Sheikh Jarrah. For more on Sheikh Jarrah and the protest it sparked, 972+ Magazine has a compilation of resources online here.

IDF Demolishes Outpost (After it was Relocated Near to Israeli Army Base)

Following media reports about the IDF’s complicity in establishing an illegal outpost on privately owned Palestinian land near Nablus (FMEP reported on this last week),  on July 19th the settlers relocated their outpost to an area declared by Israel to be “state land” next to an Israeli army base. While Israeli security forces had spent weeks tolerating and even assisting in the establishment of the new outpost when it was located on Palestinian land, after it was moved to the new site near the IDF base , the IDF moved to promptly demolish it on July 21st.

The settler who is behind this new outpost, Yedidya Meshulami, is well known for his eccentric, illegal, and dangerous (and, if committed by a Palestinian, undoubtedly arrest-worthy) acts. In 2019, Meshulami nearly flew his helicopter into an IDF transport plane conducting a training exercise in the Jordan Valley (he was charged with several crimes involved with illegally flying his helicopter and endangering lives in West Bank airspace, which is controlled by the Israeli military). A former IDF reserve pilot, in March 2018 Meshulami attempted to take control of the Qalandiya checkpoint in Ramallah by landing his helicopter nearby, declaring “I don’t care what they do to me, I’ll take it [the checkpoint] over.” Following his arrest and release to house arrest, the IDF confiscated two helicopters and an ultralight plane from Meshulami’s personal airstrip, which he built illegally in an outpost near the Itamar settlement, south of Nablus.

Meshulami lives in an unauthorized outpost called “Alumot” near the settlement of Itamar, south of Nablus. Meshulami helped establish the outpost in 1996 after serving in the Israeli Air Force and, despite lacking permits, he personally built an airstrip in the outpost in 2013. According to reports this week, Israeli security forces had previously revoked Meshulami’s pilot license for flying over the West Bank without a permit.

Israel Starts Construction to Expand the Ibei Hanachal Outpost 

Middle East Eye reports that Israel – in the midst of fighting a surge of coronavirus cases, deciding on annexation, and possibly heading to elections again this fall – has begun clearing land for the expansion of the Ibei Hanachal outpost, located between Hebron and Bethlehem in the southern West Bank. Palestinian leaders from the village of Kasin, to which the land the outpost is built on historically belonged, told reporters that settlers have already moved caravans into the newly razed land and that new electricity poles have been recently installed. 

Ibei Hanachal was established illegally by settlers in 1999, but was granted retroactive approval as a neighborhood of the Ma’ale Amos settlement by the Israeli government in August 2019. Declaring illegal outposts to be neighborhoods of settlements – even outposts that are not contiguous with the built up area of the settlement, as is the case with Ibei Hanachal – is one of the legal mechanisms that Israel has found to retroactively “legalize” illegal outposts – that in effect creates new settlements.

Israeli Plans for Wadi Al-Joz in East Jerusalem, Including the “Silicon Wadi” Project, Expected to Advance

In a new paper, Bimkom provides details on the status of two major projects Israel is advancing for the Wadi Al-Joz neighborhood of East Jerusalem.. 

The “Silicon Wadi” project – which made it into Israeli headlines a few weeks ago – is at a “conceptual phase” at this point, with little official data available. But it is known that the plan is being advanced as a Master Plan, a planning avenue that does not permit the public to offer objections. Master Plans also do not require the government to specify an exact number of units to be built, leaving open the possibility of further construction. This project is located in the northern section of Wadi al-Joz.

The second project being advanced in Wadi al-Joz is referred to as the “Eastern Business District,” to be located near the Old City walls. This project is in a much more advanced stage of the planning process, and Bimkom expects it to be deposited for public review in the near future. This project is in the heart of the Palestinian city center, and calls for awarding 80% of all planning rights in the area for commercial, tourism, and business development. The plan also grants legalization to unauthorized structures in the area, but does not allow for further residential development. On this, Bimkom explains:

“This ratio of mixed use is problematic because it does not address the housing crisis in Palestinian East Jerusalem, and moreover, it does not address the basic interest of citycenter planning: the creation of a balanced mixed-use environment, in which housing development is generally considered as an important stimulus for development. In other parts of the Jerusalem today, along the route of the light rail, a 50-50 ratio is the accepted policy.”

Explaining the significance of the two plans in context of Israel’s settlement activities across the city, Bimkom writes:

“The abovementioned plans, alongside other large scale plans currently under consideration for East Jerusalem (such as the plan for development alongside the American Road, see here), demonstrate the current Israeli Planning Policy in East Jerusalem: public uses are being addressed — and huge areas are being allotted for commerce and business — while residential needs are being left unanswered (if they are addressed they are generally unimplementable).”

Israel “Recovers” Religious Relic from Palestinian Village

In a covert pre-dawn operation on July 20th, the Israeli Civil Administration entered the Palestinian village of Tuqu’ and took a Byzantine-era baptismal font. The font was allegedly stolen by antiquity thieves in the year 2000 from an archeological site next to the Tekoa settlement (which was built on lands historically a part of Tuqu’), and retrieved in 2002 by Palestinian residents of Tuqu’. The font has been on open display next to the village Mayor’s home for the past 18 years, with Israel taking no interest in the matter until now.

Emek Shaveh explains important context of the Civil Administration’s sudden interest in the font:

“This operation follows on the heels of increased complaints by the settlers that the Civil Administration is not doing enough to prevent what they claim is systematic and ideologically driven antiquities theft. The settlers have been claiming that traces of a Jewish past in the area are being destroyed and that all antiquities sites should be placed under Israeli control. Emek Shaveh and the Mayor of Tuqu’ have written to the Civil Administration with a demand to return the antiquity to the village and its residents. The Civil Administration is responsible for the protecting the interests and welfare of the Palestinian residents of the West Bank and is not meant to act as an agent on behalf of the settlers who believe they should be the sole custodians of the areas’ antiquities.”

Adding to settler efforts described by Emek Shaveh, a  new settler group calling itself “Shomrim Al Hanetzach” (“Guarding Eternity”) recently began surveying areas in the West Bank that Israel has designated as archeaological sites in order to call in Israeli authorities to demolish Palestinian construction in these areas. The new group communicates its findings to the Archaeology Unit in the Israeli Civil Administration (the military body by which the government of Israel regulates all planning and building in the West Bank). The Archaeology Unit, playing its part, then delivers eviction and demolition orders against Palestinians, claiming that the structures damage antiquities in the area. As a reminder, in 2017, Israel declared 1,000 new archaeological sites in Area C of the West Bank. The new group is, not coincidentally, an offshoot of the radical Regavim organization, which among other things works to push Israeli authorities to demolish Palestinian construction that lacks Israeli permits (permits that Israel virtually never grants). 

The new group has also raised public alarm about the Trump Plan, alleging that hundreds of biblical sites in the West Bank are slated to become Palestinian territory. The group’s leaders accuse the Palestinian Authority of mismanaging the sites and they accuse Palestinians of looting them. The group is demanding that Israel annex all the sites.

In response to the theft of the font from Tuqu’, PLO Spokeswoman Hanan Ashrawi released a statement saying:

“A hallmark of Israel’s system of colonial occupation and oppression has been its disdainful attempts to erase Palestinian presence, culture and heritage, including the illegal appropriation and theft of heritage sites and artifacts. This systemic policy of plunder is a war crime that must not go unpunished. In the past weeks, Israel has taken other illegal steps targeting Palestinian heritage sites, including sealing off the entrance of Jabal Al-Fureidis (or so-called Herodium) in the Bethlehem District to restrict the access of Palestinians to the site, which Israel has illegally appropriated as an “Israeli National Park”. Israel has also repeatedly targeted other historical and archaeological sites, including UNESCO Heritage sites in Palestine such as the Old City of Jerusalem, the Battir terraces in Bethlehem, and the Ibrahimi mosque in Hebron. Israel must be held accountable for its egregious war on Palestinian heritage and its attempt to appropriate our history and pillage historical artifacts that are an integral part of Palestinian and world history. UNESCO and its Director General, Ms. Audrey Azoulay, have a moral and official duty to speak out and protect Palestinian heritage. Their continued silence in this regard is an unacceptable abdication of responsibility.”

Greenblatt: Trump Plan has 60-80 Pages of Conditions on/for a Future Palestinian “State”

In a new interview with Army Radio, former U.S. negotiator Jason Greenblatt proudly touted the fact that the Trump Plan has 60-80 pages of stipulations Palestinians must agree to and satisfy before it could meet the U.S. conditions for recognizing Palestine as a “state.” It’s always worth reiterating: the Trump Plan in no way provides for a real state in any sense of the term; it at best offers the Palestinians a conditional non-state entity over which Israel would enjoy almost total control. Greenblatt said:

“[the] phrase we used in the peace efforts is a realistic Palestinian state that complies with 60-80 pages of important criteria. [This criteria is what] differentiates the peace plan we released from the past efforts. There’s a lot of criteria for them to establish a state, as there should be.”

Bonus Reads

1. “Two Palestinian Cyclists Injured in Alleged Assault by West Bank Settlers” (Haaretz)
2. “B’Tselem investigation: Settlers assault Palestinians and file false reports against them; military arrests the victims” (B’Tselem)