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

To subscribe to this report, please click here.

May 19, 2023

1. Peace Now Reports: 613 New Settlement Units Advanced, Including Tender for A New Settlement – “Ariel West”
2. March of Flags Expanded Route
3. Gallant Orders IDF To Allow Israeli Jews to Reestablish Homesh Outpost & Yeshiva
4. Smotrich is Leading a Push to Double Settler Population
5. Al Walajah Checkpoint Construction Blocks Palestinians from Land
6. Settler Visit to Joseph’s Tomb Causes Conflict
7. MKs Oppose New Section of Security Wall, Say it Will Divide Settlements from Israel
8. Bonus Reads

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Peace Now Reports: 613 New Settlement Units Advanced, Including Tender for A New Settlement – “Ariel West”

Peace Now reports that Israeli planning authorities convened on May 17th to advance plans for a total of 613 new settlement units, including a move by the Israeli Ministry of Housing and Construction to re-publish a tender for the construction of 58 units constituting a new “neighborhood” of the Ariel settlement which is, in effect, a new settlement. The Civil Administration’s High Planning Committee also convened on the 17th and is expected to have issued final approval to a plan for 552 units in the Givat Ze’ev settlement, and also to have deposited for public review a plan for 2 more units in Givat Ze’ev as well as a plan for 1 new unit in the Itamar settlement (final confirmation of the Committee’s decision was not available at the time of publication). Peace Now warns that construction could commence quickly on the plan to build 552 new units in the Givat Ze’ev settlement because a contractor has already been selected. Givat Ze’ev is located south of Ramallah in an area that is on the Israeli side of the barrier.

The Ministry of Housing and Construction’s issuance of a tender to build 58 units in the Ariel settlement is final approval to build a brand new settlement, dubbed “Ariel West.” Plans for the Ariel West settlement were first made public in November 2021, after the tenders were issued under the guise of a plan to “expand” the Ariel settlement [for more on how this plan was kept quiet, see Peace Now’s detailed history]. The units for the new Ariel West settlement will be built on a hilltop located 1.2 miles away from Ariel, in an area that is non-contiguous with the built-up area of the current Ariel settlement. The new settlement will be directly adjacent to the Palestinian village of Salfit, further limiting the future development of Salfit and restricting Palestinian agricultural workers’ access to land, as illustrated in this video by Peace Now. [map]

Peace Now said in a statement: 

“It is clear that annexing the West Bank is the main agenda of the Israeli government. Promoting more than 600 housing units in settlements, among them a tender for the construction ‘Ariel West’, an entirely new settlement established under the official guise of a neighborhood an Ariel settlement, joins previous devastating annexationist decisions advancing annexation, made by the government, such the decision to legalise 15 outposts, the advancement of nearly 10,000 housing units in settlements, the cancelation of the disengagement law from the North part of the West Bank, the promotion of the apartheid road east of Jerusalem and the transfer of powers from the military to Minister Smotrich. Each decision alone demonstrates that the government is acting with an intention to annex the occupied territory, prevent the possibility of establishing a viable Palestinian State, and to escalate tensions between Palestinians and Israel.”

March of Flags Expanded Route

Tens of thousands of ultra-nationalist extremist Israeli Jews participated in the annual Jerusalem Day “Flag March” through Jerusalem in celebration of Israel’s (illegal) annexation of East Jerusalem in 1967. The parade drew security support from over 3,200 Israeli security forces and aerial drones, which sealed off the route of the parade and shuttered large parts of Jerusalem for Palestinians. The parade poses an annual threat of erupting into large-scale violence because it is a direct provocation – which Israeli lawmakers egg on and participate in – against Palestinians in Jerusalem. Israeli Jews participating in the parade chant Jewish Supremacist slogans and anti-Palestinian slurs including “Death to Arabs” and “May Your Village Burn,” the latter of which is particularly horrific given the pogrom Israeli settlers committed against the Palestinian village of Huwara earlier this year.

This year the Israeli government extended the route of the Flag March, which Haaretz estimated to impact at least an additional 50,000 Palestinian residents of East Jerusalem. The longer route will include stops at two East Jerusalem settlement compounds, bringing the parade for the first time through the Palestinian neighborhood of A-Tur and near the village of Ras Al-Amud. Haaretz also reports that march organizers will hold tours in Sheikh Jarrah.

Ir Amim’s Yudith Oppenheimer explained the motivation of the marchers:

“At the parade’s core lies an ideology that Palestinians ought to be humiliated and pushed to their limit; they should be reminded at every moment that they live in an occupied city where they have no authority and no place; every reaction by Palestinians must be exploited to justify increased use of force and establish more facts on the ground.This is why the parade organizers and their sponsors insist on the route going through Damascus Gate and the Muslim Quarter. And if necessary, may our city burn just to prove it.”

The Haaretz Editorial Board wrote:

“The essence of the Flag March is to poke a finger in the eye of the city’s Palestinian inhabitants, to humiliate them and to drive home the fact that 40 percent of the residents of Israel’s capital live under occupation. Absurdly, the march actually underscores the fragility of Israeli sovereignty over East Jerusalem. It takes place under heavy security provided by thousands of police officers, after the police impose severe restrictions on the Palestinian public and merchants.”

Gallant Orders IDF To Allow Israeli Jews to Reestablish Homesh Outpost & Yeshiva

On Wednesday May 17th, Defense Minister Yoav Gallant issued an order instructing the head of the IDF Central Command – Yehuda Fuchs – to sign a military order that makes it legal for Israeli Jews to enter and reside in the area of the Homesh settlement in the northern West Bank, including the Homesh settlement which settlers have been pushing to reestablish. The military order is needed even after the Knesset repealed clauses of the 2005 Disengagement Law in March 2023, which it did explicitly in order to facilitate the reestablishment of the Homesh settlement which was dismantled under the law, along with three other settlements in the area.

The Knesset’s repeal of the Disengagement Law faced international criticism, which Prime Minister Netanyahu, at the time, assuaged by issuing a statement that his government has ““no intention of establishing new settlements in the area.” 

The U.S. State Department issued a statement to Israel Hayom in reaction to Gallant;s order, reiterating opposition to the reestablishment of Homesh, saying:

“The United States strongly urges Israel to refrain from allowing the return of Israeli settlers to the area covered by the legislation passed in March, consistent with both former PM [Ariel] Sharon’s and the current Israeli government’s commitments to the United States…We have been clear that advancing settlements is an obstacle to peace and the achievement of a two-state solution. This certainly includes creating new settlements, building or legalizing outposts, or allowing building of any kind on private Palestinian land or deep in the West Bank adjacent to Palestinian communities”

Further reports suggest Gallant and Smotrich are working on a plan to build the Homesh settlement on a small plot of “state land” in the settlement’s former location, which was built almost entirely on land that belongs to (and is recognized by Israel as registered as belonging to) Palestinian owners. The Israeli NGO Yesh Din noted that the repeal of clauses related to Homesh in the Disengagement Law did not change the legal status of the land, and did not create a legal option for reestablishing the Homesh settlement there. Smotrich and Gallant are apparently advancing a plan to build Homesh on the small parcel of “state land” in the area, which in effect will allow settlers – and the security apparatus that enables, accompanies, and entrenches their presence – to retain total control over the Homesh area even though the land is privately owned by Paelstinians.

As a reminder, even after the Homesh settlement was dismantled in 2005, control over the land was never returned to its owners. The area was instead declared by the Israeli army to be a closed military zone, with Palestinains, including the owners of the land, barred from access. The Palestinians owners have been fighting for the right to access their own land since 2009, with no success. At the same time, the Israeli army allowed Jewish Israeli settlers to access the area regularly, and even permitted the settlers to illegally (under Israeli law) establish a religious school and settlement outpost at the site. Rather than enforce Israel’s own laws against the settlers, the current Israeli government has agreed to grant retroactive approval to the settlers’ illegal presence, the first step towards doing so being the aforementioned repeal of clauses in the Disengagement Law that make any Israeli presence there illegal. A

Smotrich is Leading a Push to Double Settler Population 

Haaretz reports that since Bezalel Smotrich was granted vast authority over civil affairs in the West Bank, he has set out to initiate wide-scale planning to add 500,000 new settlers, essentially doubling the current number of Isarelis living in the West Bank (not including East Jerusalem). This push includes orders to improve the infrastructure for every settlement and outposts (regardless of legal status) within the next two years. Smotrich is also pursuing ways by which to make it easier for settlers to cross into Israel without the hassle imposed on currently by the checkpoint system.

Haaretz further reports that Defense officials are expected to oppose Smotrich’s planning, even though detailed information has not yet been provided. In addition to security challenges to Smotrich’s plan, he also lacks the massive budget that such an effort would require.

Al Walajah Checkpoint Construction Blocks Palestinians from Land

Ir Amim reports that the Jerusalem Municipality has formally announced the start of work on a project to relocate a key IDF checkpoint leading to the Palestinian village of Al-Walajah, a village which is located on (and partially within) the southern perimeter of Jerusalem’s expanded municipal borders. The effort to move the checkpoint closer to the built-up area of Al-Walajah is part of the Israeli government’s long running effort to take control over an increasing amount of land – and importantly, the Ein Haniya spring – that historically belongs to Al-Walajah.

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

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

You can join a webinar entitled “What’s Next for al-Walaja”on May 24th at 12pm eastern to learn more about al-Walajah (hosted by Ameinu, Peace Now, T’ruah, and Telos on May 24th at 12pm eastern. Register here.

Settler Visit to Joseph’s Tomb Causes Conflict

On the night of May 17th, thousands of Israeli Jews – including at least two elected officials – staged a trip to the Joseph’s Tomb site in Nablus under the heavy protection of the IDF, which attempted to enforce a curfew on nearby Palestinian neighborhoods. Clashes erupted as Palestinian confronted the parade of settlers, resulting in at least two injuries.

In response to the violence, settler leader Yossi Dagan called on Israel to take complete control over the site, to build a yeshiva there, and to “restore the ISraeli flag at this holy site and show everyone, both ourselves and our enemies, that we are not afraid.”

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

MKs Oppose New Section of Security Wall, Say it Will Divide Settlements from Israel

Israel Hayom reports that the Israeli Defense Ministry is moving towards the start of construction on a very controversial section of the West Bank separation barrier near the Etzion settlement bloc. This particular section has not been built since its initial approval in 2006 because of fierce opposition to the proposed route that, even though the barrier’s route cuts deeply into the West Bank in order to keep the majority of settlements in the Etzion Bloc on the “Israeli side” of the barrier, it leaves a few settlements including Nokdim on the “Palestinian side.”

The IDF said in a statement that the project does not include the construction of concrete walls, but will feature different types of construction that cater to wildlife and the area’s topography – to include “special monitoring technology and sensors.” 

Israeli lawmakers reacted negatively to the news of this project, saying that it has the potential to create a “de facto border” between the settlements and Israel proper and that it would  turn settlements in the area into enclaves. This opposition is in line with the right wing demands to annex the West Bank to Israel, in which context building a barrier is viewed as conceding land to Palestinians.

For background on the separation barrier, please see B’Tselem’s explainer.

Bonus Reads

1. “The Settler Terrorists in Palestinian Vineyards” (Amira Hass, Haaretz)
2. “A precious resource: how Israel uses water to control the West Bank” (The Guardian)
3. “When Israel’s Highest Court Assaults Human Rights” (Jessica Montell, Haaretz)

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

To subscribe to this report, please click here.

May 12, 2023

1. 1. Israeli Government Funds the De-Facto Annexation of Sebastia Archaeological Site
   2. Emek Shaveh Warns Israel Is Moving Towards Start of East Jerusalem Cable Car Construction
   3. Supreme Court Dismisses Regavim Effort to Force Immediate Demolition of Khan Al Ahmar

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Israeli Government Funds the De-Facto Annexation of Sebastia Archaeological Site

On May 7, 2023, the Israeli government approved nearly $9 million (NIS 32 million) for a project to develop and “renovate” the archaeological site of Sebastia, located near the Palestinian village of Sebastia, north of Nablus in the heart of the West Bank. The project includes plans to pave a new access road for Israelis to reach the site, which they currently have to access by traveling through the Palestinian village of Sebastia, which will increase and entrench Israeli control not only over the site itself but the surrounding area – effectively weaponizing archaeology as a tool for dispossession.

Emek Shaveh calls this new project “a considerable investment,” saying it “takes Israel’s unilateral actions at heritage sites in the West Bank to a new level.” The investment is in line with the current government’s coalition agreements which include a commitment to invest $40 million into a “National Emergency Plan” under which Israel must take control of heritage sites across the totality of the West Bank, without regard to the Oslo-defined Areas A, B, and C. The Sebastia archaeological site straddles the line designating Areas B and C, with most of the site is in Area C. The Palestinian village of Sebastia – which settlers travel through to reach the site – is in Area B entirely.

Settlers have been openly agitating for Israel to assert control over the archaeological site in Sebastia for years, and the settler Samaria Regional Council organizes regular tours to the site. To secure the settlers’ visits, the IDF shuts down the town of Sebastia, closing Palestinian streets and businesses. As in other cases across the West Bank, settlers allege that Palestinians are damaging the Sebastia site and that the Israeli government needs to intervene. In 2021 amidst  intensifying settler efforts related to the site, the Palestinian Foreign Ministry called on UNESCO to “protect all Palestinian archaeological and religious sites from Israeli violations, attacks and falsifications.” The archaeological site of Sebastia is on the tentative list of World Heritage sites in Palestine.

As a reminder:  in January 2023 the Israeli government took a decision to transfer the Israeli Antiquities Authority (IAA) from the Ministry of Culture to the Ministry of Heritage, which is now headed by MK Amihai Eliyahu (Jewish Power). The IAA exercises authority over heritage and archaeological sites in Israel, including East Jerusalem, but has increasingly expanded its authorities into Area C of the West Bank, at the expense of the Staff Officer for Archaeology within the Civil Administration, who has historically been in charge. The government also tasked Eliyahu with preparing an emergency plan to “safeguard” antiquity sites in the West Bank specifically. Settlers have spent years alleging that Palestinians and the Palestinian Authority neglect and damage heritage sites, allegations which, turns out, have created a basis for the government to take control over those sites. The government allocated NIS 150 million to the effort.

Emek Shaveh further explains the history and politicization of this archaeological site:

“The battle over Sebastia is also played out in the narratives each side presents to the public. The informational material distributed by the PA does not include an explicit reference to the Kingdom of Israel or to the Hasmonean connection. On the other hand, in recent years the settlers have been rehabilitating the figure of Omri, a King of the Kingdom of Israel, in an effort to imbue Sebastia with greater nationalist significance. Sebastia also holds a special place in recent history for the settlers because it is the place where the leaders of Gush Emunim, the group that first fought for the establishment of settlements in the West Bank in the 1970s, celebrated the government’s agreement to establish the first settlement in the area in 1975.  

In tandem with the growing campaign of recent years to apply full Israeli control over Sebastia, larger numbers of Israelis visit the site every week in buses organized by the Samaria Regional Council and accompanied by soldiers.

Sebastia, is a declared national park. National parks and nature reserves in Area C of the West Bank are managed by the Civil Administration and are referred to as “parks”. Their total area spans approximately 500,000 dunams and constitutes roughly 14.5% of Area C. Palestinians’ rights are violated in these territories through various means. In the Ein Prat Nature Reserve, for example, landowners cannot cultivate their land as their access is restricted. In Herodion National Park and Nabi Samuel, residents can neither construct nor renovate their homes.”

Emek Shaveh Warns Israel Is Moving Towards Start of East Jerusalem Cable Car Construction

Emek Shaveh warns that over the past several months a planning committee has approved several contracts that indicate the committee is barrelling towards issuing the long-anticipated (and long-feared) tender for the construction of the East Jerusalem Cable Car project, possibly as soon as next week.

As a reminder, the Jerusalem cable car project is an initiative backed by the powerful, state-backed Elad settler group and advanced by the Israeli Tourism Ministry. While public efforts to “sell” the cable car plan focused on its purported role in helping to grow Jerusalem’s tourism industry or in serving supposedly vital transportation needs, in reality the purpose of the project is to further entrench settler control in Silwan, via archeology and tourism sites, while simultaneously delegitimizing, dispossessing, and erasing the Palestinian presence there.  The State of Israel was forced to publicly admit that the implementation of the cable car project will require the confiscation of privately owned Palestinian land in the Silwan neighborhood of East Jerusalem.

Notably, the cable car line is slated to terminate at the settler-run Kedem Center compound (Elad’s large tourism center, currently under construction at the entrance of the Silwan neighborhood, in the shadows of the Old City’s walls and Al-Aqsa Mosque).

The cable car project received final approval in May 2022, but the tender for construction has yet to be issued. Emek Shaveh speculates that the cable car tender might be issued on Jerusalem Day – which will be celebrated with ultranationalist, racist parades through the Old City next week — on May 18th and 19th. Emek Shaveh further warns that several other settler projects in East Jerusalem, including the Ben Hinnom suspension bridge and the zip line over the Peace Forest, are nearing completion and might also be part of Jerusalem Day celebrations. 

Emek Shaveh and other non-governmental organizations, including  Who Profits and Terrestrial Jerusalem, have repeatedly challenged (and provided evidence discrediting) the government’s contention that the cable car will serve a legitimate 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. All objections to the plan were dismissed in May 2022.

Supreme Court Dismisses Regavim Effort to Force Immediate Demolition of Khan Al Ahmar

On May 7th, the Israeli High Court dismissed a new petition submitted by the Regavim settler organization (which Bezalel Smotrich, a top official in the current government, co-founded) seeking to force the government to immediately demolish the Khan Al Ahmar bedouin community. The Court granted the government yet another delay in demolitioning the village, saying that the delay was granted due to “diplomatic and security matters of the highest level.” In requesting this most recent delay, the Israeli government reassured the Court that it fully intends to demolish Khan Al Ahmar in the future and is in “negotiations” with its residents regarding their forcible removal.

In response, Regavim called the current government a “disgrace.”

Bezalel Smotrich, who serves as both the Finance Minister and a minister in the Defense Ministry with broad, unchecked authorities over civil affairs in the West Bank, made a remarkable statement, saying the quiet part out loud:

“Khan al-Ahmar will be evicted not because its illegal. (But because)it sits in a strategic area…this is the area that will determine if God forbid there will be an Arab territorial continuum”

While the Israeli government has taken a cautious approach to demolishing Khan Al-Ahmar – largely in consideration of international pressure – the government showed no restraint in demolishing an EU-funded school near Bethlehem. The school served 60 Palestinian children.

Regavim is also behind this demolition, which was carried out by the government in defiance of a request from the EU to not do so. In a statement, the EU said that demolitions like this are:

“illegal under international law, and children’s right to education must be respected. The EU calls on Israel to halt all demolitions and evictions, which will only increase the suffering of the Palestinian population and risk inflaming tensions on the ground.”

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

To subscribe to this report, please click here.

March 10, 2023

1. As Part of Nof Zion Settlement Expansion, Israel Approves PlanNew Police Complex in East Jerusalem
2. Prime Minister Convenes Summit on Evyatar Outpost Legalization, No Decision Made (Yet)
3. Knesset Finalizes Draft of Bill to Reestablish Four Settlements in Northern West Bank
4. Key Developments on De Facto Annexation via Archaeology
5. Bonus Reads

→ Listen to FMEP’s Kristin McCarthy speak with Rafat Sub Laban (human rights lawyer) and Amy Cohen (Ir Amim) about the Sub Laban eviction case. On March 15th or anytime after, the Sub Laban family can be forcibly displaced from their home of 60+ year at the behest of settlers with the support of the State. You can listen, or watch, the conversation here.

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As Part of Nof Zion Settlement Expansion, Israel Approves PlanNew Police Complex in East Jerusalem

As anticipated, in its meeting on March 8th, the Jerusalem District Planning Committee approved a plan to build a massive new Israeli security headquarters on the border of the Jabal Mukaber neighborhood, where the Nof Zion settlement enclave is located. The construction of the new police installment will allow the old station – currently located in Jabal Mukaber –  to be handed over to the Nof Zion settlement enclave for the already-approved expansion of that settlement, which includes the construction of a hotel on the site of the former police installment.

The new station faced opposition both Palestinians, anti-settlement groups (the station will be located over the Green Line) as well as ecological groups, the latter because the hill on which the new station will be built is known for its rare flowers as well as panoramic views of Jerusalem. The committee dismissed all objections to the plan, saying that the station is necessary for Israel’s security.

Prime Minister Convenes Summit on Evyatar Outpost Legalization, No Decision Made (Yet)

Channel 13 News reports that on March 5th, Prime Minister Netanyahu convened a high level meeting to discuss the government’s plan to reestablish the Evyatar outpost and yeshiva, a promise made by the Prime Minister to Ben Gvir in their coalition deal.  The meeting disbanded without a final decision, much to the dismay of Ben Gvir, Smotrich and the settlers who regularly (and illegally) go to the Evyatar site.

In attendance,was National Security Minister Itamar Ben Gvir, Finance Minister and Minister in the Ministry of Defense Bezalel Smotrich, Defense Minister Yoav Gallant, Chief of Staff Major General Herzi Halevi, Coordinator of Government Activities in the Territories Colonel Ghasan Alyan, and other senior defense officials. Gallant and his allies opposed an immediate decision on Evyatar, citing security risks and rising tensions – especially with Ramadan around the corner.

Settlers attempted to visit the Evyatar outpost to celebrate the Jewish holiday of Purim, but were removed by Israeli security forces. 

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

The Evyatar outpost was built illegally by settlers on a hilltop that Palestinians have long known as Mt. Sabih, land which has historically belonged to the nearby Palestinian villages of Beita, Yatma, and Qablan. Evyatar became a recurring headline news story mostly as a result of the determined effort by Palestinians from the nearby village of Beitar to protest the outpost and to resist the Israeli government’s efforts to retroactively legalize it. Palestinians staged regular protests near the site of Evyatar outpost, which resulted in no fewer than seven Palestinian protesters dying as a result of the harsh and violent actions by the IDF to quash the protests. 

Knesset Finalizes Draft of Bill to Reestablish Four Settlements in Northern West Bank

On March 9th, a Knesset panel finalized a draft bill that will repeal clauses of the 2005 Disengagement Law, which is required for the government’s plan to reestablish settlements in the northern West Bank that it dismantled as part of the disengagement deal (most notably, the Homesh settlement). The bill is now ready for its first reading and vote in the Knesset.

The agreed-upon draft will repeal clauses from the 2005 Disengagement Law that prohibit Israeli entry into the area of the former settlements, which brings the status of the land in line with the rest of Area C. Many lawmakers were pushing for the bill to also include articles that would give outright permission for the reestablishment of the areas – articles to permit Israelis to buy and own property/real estate – but the final text did not include those articles, nor does it apply any of the changes to Gaza.

Key Developments on De Facto Annexation via Archaeology

Emek Shaveh issued an update on several important issues that show how the Israeli government is continuing and in some cases accelerating the politicization of archaeology as a means to dispossess Palestinians and achieve the de facto annexation of lands in East Jerusalem and the West Bank.

First, Emek Shave reports on structural changes in the ISraeli government that put some of the most radical members of the ruling coalition in charge of key archaeological portfolios with authority over West Bank heritage sites. A government decision transferred power over the Israel Antiquities Authority (IAA) from Ministry of Culture to the Ministry of Heritage, which is headed by a member of Ben Gvir’s radical party (Amihai Eliyahu) – signaling “another step towards the extreme politicization of the authority.” In tandem, Amihai Eliyahu was given bureaucratic responsibility over the Civil Administration’s Staff Officer for Archaeology (SOA), effectively bringing this official (who is seated in the Defense Ministry) under a civilian authority. The SOA is responsible for overseeing all antiquity sites in Area C of the West Bank. 

Emek Shaveh explains:

 “It is not surprising that the far-right party would choose the heritage portfolio. According to the coalition agreement, the purpose of the Ministry of Heritage ‘is to care for national heritage assets, engage in the exposure, conservation and reconstruction of these assets alongside entrenching Jewish and Zionist heritage.’ Indeed, the plans and structural changes within the ministries show that consolidating heritage governance on both sides of the Green Line under the Ministry of Heritage indicates a strategic decision to use all the available statutory mechanisms in order to apply full Israeli control over ancient sites in the Occupied Territories.”

Second, Emek Shaveh reports that the IAA – as part of its expanding activities in the West Bank – conducted an excavation in the southern West Bank and announced its plan to display its findings in an Israeli museum (both of which are illegal under international law). Further, Emek Shaveh warns that archaeological digs such as the one conducted recently have served historically as a pretext for the establishment of new settlements – like in the case of the Shiloh and Amona settlements. Emek Shaveh writes:

“Even if the initial intention does not include turning the site into a settlement, the establishment of a camp is a means of laying hold to an area and displacing Palestinians from their land. It goes without saying that once a[n archaeological] camp is established, military presence is needed to guard the Israelis staying on site. We can assume that this trend will only intensify under the current minister of heritage.”

You can read the full update by Emek Shaveh, which discusses further news, here.

Bonus Reads

1. “Six killed in Israeli raid on Jenin as settlers attack Palestinian town again” (Washington Post)
2. “Police minister clowns around with settlers for Purim in flashpoint Hebron” (The Times of Israel)
3. “West Bank, Gaza Palestinians to be banned from entering Israel during Purim” (The Times of Israel)
4. “Shrinking the Conflict: Debunking Israel’s New Strategy” (Wallid Habbas, Al-Shabaka – March 6, 2023)

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

To subscribe to this report, please click here.

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

February 10, 2023

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

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Government Begins Forming Bureaucracy for Annexation

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

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

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

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

Haaretz details how these new bodies will interact:

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

Lastly, Emek Shaveh reports on a January 29th government decision which transferred the Israeli Antiquities Authority (IAA) from the Ministry of Culture to the Ministry of Heritage, which is now headed by Jewish Power MK Amihai Eliyahu. The IAA exercises authority over heritage and archaeological sites in Israel, including East Jerusalem, but has increasingly expanded its authorities into Area C of the West Bank, at the expense of the Staff Officer for Archaeology within the Civil Administration which has historically been in charge. The government also tasked Eliyahu with preparing an emergency plan to “safeguard” antiquity sites in the West Bank specifically, where settlers have spent years alleging neglect and destruction of heritage sites by Palestinians and the Palestinian Authority (which, turns out, has created a basis for the government to take control over those sites – go figure). The government allocated NIS 150 million to the effort.

Emek Shaveh reacts:

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

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

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

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

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

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

A New Settlement: Israel Establishes Tel Zion as Independent Settlement

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

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

Israeli Government Expected to Advance Atarot Settlement Plan

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

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

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

Peace Now said in a statement: 

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

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

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

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

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

In a statement revealing its ideological motivations, Regavim wrote:

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

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

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

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

The vote comes as the government faces a deadline from the High Court to submit its position on the court-ordered evacuation of the illegal yeshiva settlers built at the site of the dismantled Homesh outpost. The State has, for nearly three years, delayed its response to a 2019 petition filed by Yesh Din seeking the removal the illegal Homesh outpost and yeshiva, as well as guarantee the site’s return to its Palestinian landowners. Despite Homesh being dismantled in 2005, Israel never permitted Palestinians to regain access to or control of the land, declaring it a closed military zone. That status has prevented Palestinians from entering the area,  while allowing settlers to routinely enter and (illegally, under Israeli law) inhabit the land, even (illegally) establishing a yeshiva there. That yeshiva, according to the Israeli NGO Kerem Navot, has become one of the West Bank’s “hardcore centers of settler terror”. Settlers have also wreaked terror on nearby Palestinian villages, most notably Burqa and Sebastia. One Israeli politician even went so far as to say that settlers are “carrying out a pogrom” in Burqa.

Bibi Pitches Massive Tunnel Construction in West Bank to French Investors

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

Smotrich Resigns, Brings Criminal Settler into Knesset

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

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

Bonus Reads

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

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

To subscribe to this report, please click here.

January 27, 2023

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

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

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

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

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

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

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

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

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

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

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

Coalition Deal Includes Unilateral Annexation of West Bank Archaeological Sites

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

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

Emek Shaveh said in a statement: 

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

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

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

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

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

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

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

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

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

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

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

Jerusalem expert Daniel Seidemann told +972:

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

Palestinians Protest Settler Cultivating Land Near Ramallah

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

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

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

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

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

Bonus Reads

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

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

To subscribe to this report, please click here.

January 13, 2023

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

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New Givat Hamatos Expansion Plan

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

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

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

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

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

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

Israel Carries Out Demolitions in Area B

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

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

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

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

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

MK Danon Unveils Jordan Valley Annexation Bill

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

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

Settlers Demand Fast-Tracked “Regularization” of Outposts

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

The Forum said in a statement:

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

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

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

Peace Now Releases 2023 Settlement Map

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

Adalah Publishes Detailed Analysis of New Israeli Coalition Deal

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

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

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

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

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

To subscribe to this report, please click here.

October 13, 2022

1. Nablus Region Broiling as Settlers Rampage
2. Senior Israel Officials Preside Over Cornerstone-Laying Ceremony for New Settler Tourist Project in East Jerusalem
3. Israel Antiquities Chief Releases Map of New Israeli National Park Near Jericho (in Area C)
4. Amidst Violent Surge, Settlers Demand Establishment of Evyatar Settlement & Yeshiva
5. Bonus Reads

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Nablus Region Broiling as Settlers Rampage

As violence continues to escalate across the West Bank and in East Jerusalem, this week settlers have continued, seemingly uninhibited, to instigate clashes with and terrorize Palestinians in the West Bank. Some key examples include the following (for an even more thorough listing, see the Palestine Center for Human Rights’ weekly report):

• On October 11th, Israeli settlers staged a massive march – explicitly designed to provoke Palestinians and demonstrate Israeli dominance/impunity – near the Palestinian town of Sebastia,  just north of Nablus. An Israeli soldier providing security to the settlers was shot and killed by a drive-by shooter as the march got underway. Following that shooting, the Palestinian militia group calling itself “Lion’s Den” claimed credit for the drive-by shooting, leading the Israeli army to completely shut down the city of Nablus – where the Lion’s Den is based – in response.
• Late in the evening on October 12th — while the Israeli army was keeping all the entrances and exits to Nablus closed in response to the October 11th shooting of an IDF soldier guarding a settler march — the IDF again provided security for settlers, this time enabling them to enter the city of Nablus (the IDF even transported settlers in military vehicles), ostensibly to visit Joseph’s Tomb and conduct religious prayer there (ostensibly because the timing/nature of the visit appeared to be largely if not entirely about provoking Palestinians). In the course of the operation, IDF soldiers exchanged gunfire with Palestinians; no injuries were reported on either side. 
• The following morning, October 13th, settlers marauded through and terrorized the Palestinian town of Huwara, located just south of the Nablus. Video footage documents IDF soldiers actively protecting (and therefore enabling) settlers who were brazenly committing crimes and assaulting Palestinians. The Palestinian Red Crescent reports 53 people were injured.

It’s worth recalling that settlers have staged several protests and marches over the past few weeks, ostensibly to pressure the Israeli government to intensify its ongoing military operation in the West Bank – which Israel has dubbed “Break the Wave” – a reference to recent attacks against Israeli civilians (and IDF soldiers, bearing in mind that when IDF personnel are injured/killed in any context by Palestinains, Israel in effect counts those IDF personnel as civilian victims of terrorism).  This operation involves Israel staging near daily raids into Palestinian cities in the West Bank — tactics that have led to numerous Palestinian deaths/injuries/detentions. 

Notably, the settler march held on October 11th attracted nearly 10,000 people  – including lawmakers Bezalel Smotrich and well-known Kahanist (who is likely to be a powerful plate in the next Israeli government) Itamar Ben-Gvir. The settlers paraded from the Shavei Shomron settlement to the nearby Palestinian town of Sebastia, where settlers have been engaged in an effort to take control over antiquity sites under Palestinian control in the city. At the conclusion of the march, settlers staged a festival in Sebastia with live music acts, speeches, and more.

Samaria Regional Council head Yossi Dagan stated:

 “We came here today to wave the Israeli flag, to state that we won’t surrender to those who wish to kick us out of our land. We will continue to settle, march, and hike through our entire country. To answer terror we build the land of Israel. We are excited to see the thousands that are marching with us.”

Senior Israel Officials Preside Over Cornerstone-Laying Ceremony for New Settler Tourist Project in East Jerusalem

Emek Shaveh reports that a ceremony was held on October 6th to lay the cornerstone of a new pedestrian footbridge over the Ben Hinnom Valley/Wadi Rababa in Jerusalem. The bridge is a project pushed by settler groups and will serve to connect two settler-operated tourist facilities located in two Palestinian neighborhoods on opposite sides of the valley – one in Abu Tor and the other in Silwan. The ceremony was held at one of those settler-run tourist facilities – known as the “House in the Valley”, operated by the Elad Foundation – and was presided over by Israeli Minister of Jerusalem Affairs Ze’ev Elkin, Israeli Transportation Minister Yoel Razvozov, Jerusalem Mayor Moshe Leon, and Israeli Antiquities Authority director general Eli Eskosido.

Emek Shaeh comments:

“The bridge is another project in a list of new projects which are transforming the valley, such as the cable car, and the Elad Foundation’s Farm in the Valley (also called Center for Ancient Agriculture). All of these are part of the larger strategy to establish a continuum of biblically themed tourism ventures and Jewish residential settlements in the Silwan-Hinnom Valley area using a variety of legal and administrative mechanisms to displace Palestinians from their homes, shrink their public spaces and downplay their heritage.”

At the cornerstone laying ceremony on October 6th, Minister Elkin confirmed the intent behind the bridge, saying: 

“the suspension bridge is an important strategic project led by the Ministry for Jerusalem Affairs and other partners. We are working to turn the Hinnom Valley into a developed tourism zone and in so doing achieve two additional goals: one is to strengthen the sense of security and sovereignty in the area, the other is to ease access to the Old City.” 

On the Abu Tor side of the bridge, the Elad settler organization runs and operates a cultural center and cafe named “House in the Valley,” which opened in 2019 after Elad evicted a Palestinian family and renovated the space. A week after Elad’s new cultural center was opened, the Jerusalem Municipality issued “gardening orders” to take control, for an initial period lasting 5 years (with the likelihood of extensions after that) of 12 nearby plots of privately-owned Palestinian land. “Gardening orders” allow Israel to “temporarily” take over privately owned land for what are ostensibly public purposes (like establishing a parking lot or public garden), based on the argument that the private owners are not presently using the land. In this case, Israel has in effect made rules that guarantee that the latter condition applies: as Emek Shaveh has noted, the 12 plots in question are located in an area declared by Israel to be a national park, meaning that private landowners are legally barred from using their own land.

On the Silwan side – a neighborhood where Elad (alongside other settler organizations, including Ateret Cohanim) is waging a house-by-house campaign to displace Palestinians in favor of settlers and settler-run tourist sites – the bridge will end near the Sambuski cemetery, which until recent years was a relatively unknown, neglected site that even Israel did not recognize as a holy site. Under the Trump “Peace to Prosperity” plan, the Sambuski cemetery was suddenly transformed into a place of prime historical and religious importance to Israel. The Emek Shaveh – which has a special expertise on archaeology and the weaponization of archaeology to serve the political agenda of the settlers and the state – wrote a report on exactly how the Trump “Vision” supports settler efforts to use Jerusalem’s history and antiquities to promote Israeli-Jewish hegemony and control over the city.

Israel Antiquities Chief Releases Map of New Israeli National Park Near Jericho (in Area C)

Emek Shaveh reports that Eli Eskosido, the Director General of the Israeli Antiquities Authority, has been sharing a map showing a new “Hasmonean Palaces National Park” on land located southwest of the Palestinian city of Jericho. Notably, the land in question is located in Area C of the West Bank – where the domestic Antiquities Authority does not, legally (under Israeli law and the Oslo Accords) have any jurisdiction. 

The Hasmonean Palaces archaeological site was identified in the Oslo Accords as a place of  “archaeological and historic importance to the Israeli side”,  granting the Israelis control over this enclave of land within a Palestinian population  center. However, the area has not been developed by the Israeli government. Emek Shaveh reports that while a National Park has been planned for the area, it does not currently exist. 

Bizarrely, the map promoted by Eskosido is emblazoned with the logos of domestic Israeli government bureaus, which – again – do not have any jurisdiction in the West Bank. A settler group focused on weaponizing archaeology to advance Israeli annexation in the West Bank, “Guardians of Eternity,” alleges that the site has been subject to damage by Palestinians over the years. Emek Shaveh reports that the Binyamin Regional Council – the municipal association in charge of settlements in the area – is reportedly interested in taking over direct management of the site. 

Emek Shaveh notes:

“The publication of the map by Mr. Eskosido is another manifestation of steps towards de facto annexation in the realm of antiquities which we wrote about earlier this year following the Knesset’s committee’s recommendation of expanding the Israel Antiquities Authority remit into Area C.

The investment in this site is an outcome of a persistent campaign by Guardians of Eternity (Regavim) and the Shiloh Forum which exploits historical, religious and cultural affinities of the Jewish people to sites in the West Bank with the aim of galvanizing the Israeli government to expand and deepen its control. This latest involvement by the IAA in the Hasmonean Palaces should be considered within this context. Although damage by Palestinians to the site is a problem, for the most part this takes the form of light construction. It is certainly not an expression of a Palestinian Authority led plan to destroy Jewish heritage in the West Bank as the settlers repeatedly claim.”

Amidst Violent Surge, Settlers Demand Establishment of Evyatar Settlement & Yeshiva

Over the Sukkot holiday, settlers in the northern West Bank staged a renewed push for the government, specifically Defense Minister Benny Gantz, to act in order to formally establish the Evyatar settlement and yeshiva, located on Palestinian lands just south of Nablus. In February 2022, the outgoing Israeli Attorney General issued an opinion that provides a basis for granting retroactive legalization to the Evyatar outpost (which would mean authorizing Evyatar as a fully-approved new settlement, “legal” under Israeli law). Since February 2022, Defense Minister Gantz has had the authority to declare the area as “state land” as the first (and most significant) step towards authorizing Evyatar. For reasons that remain unclear, Gantz has not (yet) made a move to do so.

The saga of the Evyatar outpost became a recurring headline news story over the past two years, mostly as a result of the determined effort by Palestinians from the nearby village of Beitar to protest the Evyatar outpost and to resist the Israeli government’s efforts to retroactively legalize it. Palestinians staged regular protests near the site of Evyatar outpost, which was built illegally by settlers on a hilltop that Palestinians have long known as Mt. Sabih, land which has historically belonged to the nearby Palestinian villages of Beita, Yatma, and Qablan. No fewer than seven Palestinian protestors died as a result of the harsh and violent attempt by the IDF to quash the protests.

Bonus Reads

1. “Drones terrorized Gaza for years. Now they’ll do the same in the West Bank” (+972 Magazine) → “the army is calling for the use of drones to surveil refugee camps and strike militants, for installing remote-controlled gun turrets to secure high-volume checkpoints, and for employing biometric cameras to track civilians across the West Bank.”
2. “The GOP’s Plan to Build the Third Temple” (Jewish Currents)

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

To subscribe to this report, please click here.

August 11, 2022

1. Israel Completes Secret Registration of New Land in East Jerusalem
2. Israel Asks Court to Stay Out of Homesh Outpost Case on Promise to Evacuate Settlers (Eventually)
3. IDF Removes Settlers from Ramat Migron Outpost
4. This Week in Area C: Continued Annexation & Harassment
5. Not Just Area C: Settlers Eye Archaeological Site in Area B
6. Update: Israeli University Defends Excavation Near Nabi Saleh
7. New Analysis of “Silicon Wadi” Project
8. Bonus Reads

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Israel Completes Secret Registration of New Land in East Jerusalem

Israel Hayom reports that Israel has succeeded in secretly registering State ownership of 16 dunams (four acres) of land in East Jerusalem, opening the possibility for constructing a new settlement enclave there. 

The Israeli Justice Ministry secretly completed the acquisition of the land after the Israeli Custodian General hired researchers tasked with finding evidence that the land was purchased by Jews in the 1920s as part of a larger land purchase, though this part of the land was not registered. A court recently accepted new evidence found by the researchers, resulting in the land being placed under the control of the Israeli Custodian of Absentee Property on a temporary basis, while the State searches for the Jewish owners (or their heirs).

The newly-registered land is surrounded by Palestinian neighborhoods, close to the West Bank barrier (which in this location is an actual wall) to the East – with Abu Dis on the far side – and the Palestinian neighborhood of Jabal al-Mukhaber to the west. According to Haaretz, the location is considered one of the most sensitive in East Jerusalem, due to its proximity to the building designated as the future home of the Palestinian parliament and its distance from other Jewish neighborhoods. 

This land is south of the area where that has been planned for the settlement called Kidmat Tzion, though this plan has been frozen. In 2017 (during the Trump-Netanyahu era), Ir Amim reported that Kidmat Zion was one of nine Jerusalem area settlements that Israel planned to move forward.

Israel Asks Court to Stay Out of Homesh Outpost Case on Promise to Evacuate Settlers (Eventually)

On August 10th, lawyers representing the Israeli government told the High Court of Justice that it plans to remove settlers from the illegal Homesh outpost site as soon as the Defense Minister sets a date for the evacuation, asking the Court to allow it to delay the evacuation until it finds “the right time from a security standpoint.” This is the second time the State has assured the Court that it will dismantle the outpost without committing to a deadline to enforce Israeli law against the settlers illegally living and studying there.

The Israeli NGO Yesh Din said in response:

“The state continues its foot-dragging and refuses to carry out its legal and moral obligation, which is to evacuate the outpost built illegally on private land belonging to the village of Burqa. The expulsion of Palestinians and the stealing of their land must end. Every day that passes increases the injustice and rewards lawbreakers. The defense minister and the prime minister, like their predecessors, prove that the rule of law will always take second place in the face of political interests and appeasing the settlers. The Supreme Court must bring them back into line by a clear judicial ruling that expresses its displeasure at this conduct, which is a complete infraction of the law and infringement of Palestinian rights.”

The State has, for over a year, delayed its response to a 2019 petition filed by Yesh Din seeking the removal of settlers and settler structures from the site of the former Homesh settlement, located in the northern West Bank, and a guarantee of the site’s return to Palestinian landowners. The Homesh settlement was dismantled by the Israeli government as part of the 2005 Disengagement Plan (along with two other small settlements in the area). Despite Homesh being dismantled, Israel never permitted Palestinians to regain access to or control of the land, declaring it a closed military zone. That status has prevented Palestinians from entering the area,  while allowing settlers to routinely enter and (illegally, under Israeli law) inhabit the land, even (illegally) establishing a yeshiva there. That yeshiva, according to the Israeli NGO Kerem Navot, has become one of the West Bank’s “hardcore centers of settler terror”. Settlers have also wreaked terror on nearby Palestinian villages, most notably Burqa and Sebastia. One Israeli politician even went so far as to say that settlers are “carrying out a pogrom” in Burqa.

Settlers and and their powerful allies in the government ramped up their lobbying campaign pressing the Israeli government to officially reestablish the Homesh settlement in the wake of the death of settler Yehuda Dimentan in December 2021. Dimentan studied at the illegal yeshiva at the Homesh site. In January 2022, settlers staged a massive march to Homesh as part of its pressure campaign to legalize the yeshiva in his memory.

IDF Removes Settlers from Ramat Migron Outpost

In the early morning hours of August 11th, Israeli forces cleared the illegal outpost dubbed by settlers “Ramat Migron”, removing three mobile homes and razing a structure used by settlers as a synagogue. The Times of Israel reports that three families and several young settlers were living in the outpost, which is located north of Ramallah on a hilltop where the illegal outpost of Migron, evacuated by the government of Israel a decade ago, formerly stood. Settlers remain defiant, saying:

​​“We have something to tell you, ministers of the government: we do not intend even for a moment to give up, and we intend to continue to hold on to the hill until it becomes an established and flourishing permanent settlement.”

As a reminder, the illegal outpost known as Migron was dismantled by the Israeli government in 2012 when the Israeli High Court ruled the land is privately owned by Palestinians. Since then settlers have continually sought to reestablish a settlement there. Israeli forces have razed outposts at the site at least 10 times in the past 10 years — all the while denying Palestinians the ability to reclaim control over land that an Israeli court affirmed they own.

As a reminder: In addition to the IDF retaining control over the Migron outpost site, Israel rewarded the settlers it forcibly removed from the outpost by promising to establish two new official settlements: “New Migron” as well as 184 housing units to be built east of the settlement of Adam (aka, Geva Binyamin). Construction of the “New Migron” settlement was completed in July 2020. 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.

This Week in Area C: Continued Annexation & Harassment

The Israeli state and its settlers have not taken a summer break from the ongoing campaign to effect the de facto and de jure annexation of Area C. 

• On a tour of the northern West Bank, Justice Minister Gideon Sa’ar called for a new National Plan to “protect” Area C.
• Also in the northern West Bank, work began this week on a large, new Torah center in the Immanuel settlement – a settlement currently enjoying a construction boom as reported by Arutz Sheva.
• And finally, settlers continue to closely monitor and report on Palestinian construction in Area C – this time on a new water park that opened this summer and a few new Though settlers allege the water park was built illegally, the Israeli Civil Administration assured Israel Hayom that illegal construction has already been dismantled.

Not Just Area C: Settlers Eye Archaeological Site in Area B

As FMEP has chronicled, settlers and the Israeli state have undertaken an organized campaign that weaponizes archaeology to serve their own political agenda. Just last week, FMEP covered how the Sambuski cemetery in East Jerusalem is a part of the effort.

An August 3rd report by Israel Hayom details Palestinian plans to develop a national park at a historical site that settlers refer to as “Tel Orma,” which is the site of an ancient fort and reportedly rich with remnants of Jewish heritage in the area. The report suggests that the Palestinian Authority has damaged the site and is also determined to destroy evidence of Jewish civilization and antiquities that are potentially located there. This site is in Area B of the West Bank, where Israel does not exercise civil control of matters like culture and archaeology, but that has not stopped settlers from flying a drone over the site to see what the Palsetinians have been developing there, or from visiting the site to see the work in person. 

Head of the Samaria Regional Council Yossi Dagan – whose ambitions to take over more land for the settlements are not confined to Area A – told Israel Hayom:

“We call on the Israeli government, the defense minister, and the public security minister to take action right away and protect these important places. Just like no other country in the world would allow its people’s history to be attacked, we must not allow rioters from the Palestinian Authority to harm our history. Tel Orma is [part of] the Jewish people’s legacy and an important part of Jewish history, and we cannot stand by as the place is systematically destroyed.”

Update: Israeli University Defends Excavation Near Nabi Saleh

Following media attention to an excavation being conducted by Bar Illan University in the West Bank, the university has now publicly defended the dig, saying that it is located on “State land.” The Israeli Civil Administration also stated that the dig is being conducted legally and that a permit had been issued in accordance with Israeli military law which governs the occupied territories. 

The area is located between the Palestinian villages of Nabi Saleh and Deir Nidham, just north of Ramallah. Palestinians claim that the land is privately owned.

New Analysis of “Silicon Wadi” Project

This week Ir Amim issued a new report on the “Silicon Wadi” project being implemented by the Jerusalem Municipality, which calls for the establishment of a major high-tech hub along the western side of East Jerusalem’s Wadi Joz neighborhood, requiring the eviction of many Palestinian businesses located there. The report is a useful summary of where the project stands, what its implications are, and how the “Silicon Wadi” initiative connects to larger plans by the State and settlers to increase Israeli hegemony over Jerusalem. 

 Most importantly and urgently, Ir Amim stresses regarding the Silicon Wadi project:

• Palestinian businesses are in a “tenuous position” because most are able to operate based on “special use” permits allowing them to conduct business on land that is not zoned/designated for such use. Theoretically, Israel can revoke those permits if it chooses.
• The land in question has not been registered, and Israel has been re-initiating the land registration in other parts of Jerusalem. If the process were to be restarted for this land, the land could be placed under the control of the Israeli Custodian General. Ir Amim also reports that the attorney hired by Israel to conduct an unofficial mapping of the area is known to have ties to settler groups.
• The project fails to address the primary need of East Jerusalem: housing. The ongoing housing crisis in East Jerusalem is at an all-time high.
•  And finally, Ir Amim writes: “The land slated for the Wadi Joz Business Park is located between the Kerem al-Jaouni section of Sheikh Jarrah, where settler groups have been working to evict approximately 30 Palestinian families, 5 and the northeastern part of the Old City. …there is speculation that the plan aims to extend the ring of settlements within Palestinian neighborhoods around the Old City and establish an Israeli stronghold on the northeastern side under the guise of economic development.”

Bonus Reads

1. “More U.S. Jews Moved to West Bank Settlements in 2021 Than Any Other Year in Past Decade” (Haaretz)
2. “Israel expands West Bank security fence as violence escalates in Jenin” (Al-Monitor)
3. “Israel Demolished a Palestinian’s Home in Violation of Court Orders. He Now Lives in a Tent With His Children” (Haaretz)
4. “Top British Funder of Israel Trips to Probe Surprise Overnight Stays in Settlement” (Haaretz)
5. “Jewish groups fume at construction of illegal Palestinian water park“ (Israel Hayom)
6. “Opinion  Shame on me for believing courts could stop the Israeli settlement machine” (Gershom Gorenberg / Washington Post)
7. “Basketball Team From West Bank Settlement Should Be Kicked Out of Israel League, Says Ex-pro Player” (Haaretz)

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

To subscribe to this report, please click here.

August 4, 2022

1. Encircling Jerusalem: Israel Advances Settlement Plans Across the City, While Settler Projects Tighten the Noose
2. Dumping Any Pretense of Respect for Rule of Law, Israeli High Court Reverses Course, Allows Mitzpe Kramim Outpost to be “Legalized”
3. Settlers Acquire Another Home in Downtown Hebron
4. Elad Closes Palestinian Access Road Near Sambuski Cemetary in Silwan
5. This Week in Area C, Part 1: JNF Approves Purchase of Palestinian Land In Jordan Valley While High Court Weighs Petition
6. This Week in Area C, Part 2: Regavim Files Petition Pushing for Immediate Demolition of Palestinian Construction in Area C
7. This Week in Area C, Part 3: Settlers Continue to Occupy Six Sites After Recent Attempt to Establish New Outposts En Masse
8. Groups Petition to Cancel New Israeli-Led Archeological Dig in the West Bank Citing Legal Questions
9. Bonus Reads

 

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Encircling Jerusalem: Israel Advances Settlement Plans Across the City, While Settler Projects Tighten the Noose

It must be stressed that events over the past several months (while the Settlement Report has taken an abbreviated form) have rapidly accelerated the encirclement of Jerusalem by settlements and settler-backed projects — developments which come at the direct expense of Palestinians — their presence in Jerusalem, their rights as land owners, and their quality of life. This encirclement continues to progress, unabated and almost entirely unchallenged, each day.

Last week, on July 25th, the Jerusalem District Planning Committee advanced plans for two brand new settlements in East Jerusalem – “Givat HaShaked” and the “Lower Aqueduct” plan. These two settlements that would nearly complete the encirclement of Jerusalem to the south. Details of those plans are: 

• The Lower Aqueduct plan (1,465 new units) was approved for deposit for public comment. This plan would see a new settlement – called the Lower Aqueduct Plan – built on a small sliver of land between the controversial settlements of Givat Hamatos and Har Homa – and is intended to connect them. In so doing, it will establish an uninterrupted continuum of Israeli settlements on the southern rim of Jerusalem, and destroy the contiguity of Palestinian land in the West Bank and East Jerusalem. 
• The Givat HaShaked settlement was also discussed, and the Committee opted to increase the total number of units that the plan outlines for construction, from ~400 to 700 housing units, plus schools and synagogues. Ir Amim and Terrestrial Jerusalem both report that, after a few technical requirements are met, the plan to build Givat HaShaked is expected to receive final approval when the Committee reconvenes in the coming weeks. The plan for Givat HaShaked is unprecedented, according to Terrestrial Jerusalem, in that it is the first settlement of this size that that Israeli government will establish inside of a Palestinian neighborhood – Beit Safafa, which will be completely encircled by Israeli construction if Givat HaShaked is built.

For more background on the Lower Aqueduct plan, see resources by: Terrestrial Jerusalem and Ir Amim.

These plans are significant developments in the effort to establish settler hegemony over East Jerusalem, but are only part of the story of how the encirclement of East Jerusalem has rapidly advanced over the past months. In addition to the construction of new settlements and growth of existing ones, settlers are succeeding in advancing new projects under the guise of tourism (like: the Cable Car, a new visitors center in Batan Al Hawa, and more) and the State is undertaking systematic efforts to take over more and more land. Those methods include the revival of a politicized land registration process in East Jerusalem and the expansion of “national park” lands onto the Mount of Olives. Palestinians in Sheikh Jarrah and Silwan also continue to face the looming threat of dispossession through Court proceedings. In a rare piece of good news — on July 21st the Israeli Supreme Court partially accepted a petition filed by the Duweik family, which has led to the (temporary) freezing of their eviction.

Another facet is the looming threat is the seemingly growing inevitability of the construction of the E-1 settlement to Jerusalem’s east. Prior to the arrival of U.S. President Joe Biden in Jerusalem on July 13th, the Israeli government intervened to postpone a critical hearing on the E-1 settlement, rescheduling it for September 12th. The rescheduled hearing, if it is not postponed yet again, could result in granting final approval to the highly contentious plan (and barring intensive outside pressure such additional postponement seems highly improbable, given the Israeli domestic politics and the upcoming national election). See Terrestrial Jerusalem for a recap of President Biden’s visit.

Dumping Any Pretense of Respect for Rule of Law, Israeli High Court Reverses Course, Allows Mitzpe Kramim Outpost to be “Legalized”

Nearly two years after ruling there is no possible legal basis by which the Mitzpe Kramim outpost can be retroactively “legalized” under Israeli law, the Israeli Supreme Court has now reversed course and will allow the State to formally legalize the settlement using the so-called Market Regulation principle.

In its original ruling, issued in September 2020, the High Court held that construction of the Mitzpe Kramim outpost was not undertaken in “good faith” because there were “multiple warning signs” that the land was privately owned by Palestinians. The outpost was ordered to be dismantled at that time. Now, with apparently no new evidence, the Court decided to accept the settlers’ claim of “good faith.”

The “good faith” condition for retroactive legalization of illegal settler construction on privately-owned Palestinian land is a central element of the “market regulation” legal principle which was devised by former Attorney General Avichai Mandelblit in December 2018 as an alternative to the (now overturned) Settlement Regulation Law. The principle offers a path to grant retroactive legalization to the settlers for what this principle treats as “unintentional” land theft – throwing the principles of both rule of law and private property rights out the window. Peace Now has a comprehensive breakdown of the legal opinion, including the specific criteria outlining which outposts can qualify under the new scheme. It is estimated that 2,000 illegal settlement structures qualify for retroactive legalization using this principle.

Yesh Din writes on the significance of this ruling:

“This ruling overtly indicates Israel’s intentions to continue to pursue retroactive legalization of illegal Israeli construction in blatant disregard of the rights of the local Palestinian population of the West Bank. The State of Israel continues to ignore the duties bestowed upon it by IHL, as the occupying power, to protect the occupied population. Additionally, as the occupying power, Israel is prohibited from transferring the occupier’s population into occupied territory. The interpretation of the Supreme Court’s majority opinion will, in practice, undoubtedly serve to fulfill the intentions of the repealed Regularization Bill from 2017. It will enable settlers, backed by the Civil Administration and other State authorities, to take over thousands of dunams of Palestinian land, leading to human rights violations on a massive scale all over the West Bank and serving as the basis for future negligent and illegal policies, which are now more likely to be given the go-ahead by the Supreme Court. This ruling symbolizes a turning point of Israel’s Supreme Court, which, for the first time, has endorsed the forced confiscation of privately owned land, which is not required for military needs, for the sole purpose of use by Israeli civilians for the establishment of a new settlement.”

In +972 Magazine, Orly Noy writes:

“The court’s ruling could potentially pave the way for the retroactive legalization of thousands more homes in outposts built on privately-owned Palestinian land…The legalization of Mitzpe Kramim is only a footnote in Israel’s policies of dispossession and land theft on both sides of the Green Line, carried out through what the Israeli regime deems completely “legal” expropriations…And one more word regarding the concept of “good faith,” which was sufficient reasoning for the High Court to retroactively legalize the theft of private Palestinian land. This same line of argumentation did not protect the residents of Umm al-Hiran, a Bedouin village in the Negev/Naqab, from being threatened with destruction and expulsion, even though they were physically placed where the village exists today in the 1950s by the military government after it expelled them from their original land, on which Kibbutz Shoval now sits. Although the state itself was the one to move them to their new location, the residents of Umm al-Hiran have lived for decades without basic infrastructure such as water and electricity — that is, until the state decided to destroy the village in order to build Hiran, a town for Jews alone, on its ruins. Unlike the settlers of Mitzpe Kramim, the residents of Umm al-Hiran did not take over land that did not belong to them, nor did they settle on private land that belonged to others. And yet, the state did not hesitate to brutally deport them — even killing a local resident, Yacoub Abu al-Qi’an, in the process. The same court that will allow the residents of Mitzpe Kramim to remain on land it itself admits does not belong to them did not hesitate to legalize the cleansing of Umm al-Hiran. Because, after all, in the apartheid regime, even the concept of “good faith” applies solely to Jewish citizens.”

Settlers Acquire Another Home in Downtown Hebron

On July 28th, a settler group called Harchvi announced it has purchased a three-story house in central Hebron, very close to the Tomb of the Patriarchs/Al-Ibrahimi Mosque and on the Palestinian side of a key IDF checkpoint (the “Pharmacy” checkpoint), which Israeli Jews are supposed to be prohibited from crossing. The group was granted a purchase agreement by the Israeli Defense Ministry this week, which seemingly legitimizes the settlers claim to have purchased the property – but it is not a final determination of the legality of the transaction. This is the second such house in Hebron that settlers have claimed to have purchased from Palestinians owners this year. 

Providing more detail on the status of the house, Peace Now writes:

“Peace Now has no information regarding the alleged deal in this case. We know from many other cases in Hebron and in the West Bank that these are dubious purchases, which are sometimes based on forgery or the purchase of only small parts of the property. It almost always turns out that the settlers may have managed to acquire the rights from one person, but the rest of the rights holders did not agree and the issue gets to courts for lengthy hearings. When settlers entered the Za’atari house in March 2018, the case got to the courts and the legal argument is still pending, but the settlers are still in the house. Every purchase of land in the territories requires the approval of the Minister of Defense – according to the law in the Occupied Territories, in order to make a transaction and register it in the land registry, a transaction permit from the Civil Administration is required. Any such transaction-permit requires the prior approval of the Minister of Defense. In this case, it is hard to believe that the settlers have a transaction permit from the Minister of Defense. In all previous cases the settlers hurry to establish a fact on the ground, enter the house and only then submit applications for registration of purchase, and only then does it come to the Defense Minister’s approval. The defense minister can refuse and prevent the execution of the deal.”

In addition to the settlement activity in Hebron that the state of Israel has formally (and publicly) sanctioned, +972 Magazine reports this week that over the past month settlers have been bulldozing Palestinian stores that have been inaccessible to their owners for more than 20 years under Israel closure orders. Though the Israeli Civil Administration has denied authorizing the settlers’ destruction of the stores over the past month, one of the Palestinian shop owners, Tareq Al-Kiyal, raises the point that “Nothing moves in the Old City — and certainly no bulldozers come in and destroy buildings — without a green light from the army.” Palestinians have filed a police report regarding the damage to the stores, which they believe were demolished by settlers in order to expand the nearby settlement enclave, Avraham Avinu.

The shops are in an area referred to as the Kiyal Market, which was “temporarily” shuttered by the Israeli army in 2001 during the Second Intifada. Since then, Palestinians have been forbidden from reopening the shops and cannot even enter their shops to remove valuable equipment. Meanwhile, Israeli settlers have systematically looted the stores, and have been using the buildings for warehouses, recreational spaces, and even as housing. 

Elad Closes Palestinian Access Road Near Sambuski Cemetary in Silwan 

Emek Shaveh reports that the Elad settler group has blocked an access road near the Sambuski cemetery in the Silwan neighborhood of East Jerusalem, a move which blocks car traffic to the Wadi Rababa area of Silwan where some 150 Palestinian families live. Palestinian residents, in partnership with Emek Shaveh, have appealed to several Israeli authoritative bodies (including the Israeli Nature and Parks Authority, the Jerusalem Municipality, and the Israeli police) to remove the boulders blocking the road, but Elad has failed to cooperate with efforts to negotiate a solution and has instead continued their work at the site. Emek Shaveh reports that the ongoing blockage of the road has led to daily friction between Palestinians and Elad employees.

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

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

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

This Week in Area C, Part 1: JNF Approves Purchase of Palestinian Land In Jordan Valley While High Court Weighs Petition

At the urging of the Israeli government, the Board of the Jewish National Fund (JNF) approved the allocation of $18 million for the purchase of 250 acres (1,000 dunams) of Palestinian-owned land in the Jordan Valley, land that is the subject of a petition with the High Court of Justice. 

Israel has controlled the land in question since issuing a military closure order in 1969. In the 1980s, the World Zionist Organization then allocated the land (which is privately owned by Palestinians) to settlers without any documentation of either having received control of the land from the government, or documentation allocating the land to the settlers. Since then, settlers have developed the land into profitable date farms. In 2018, several Palestinian landowners have filed a petition with the High Court of Justice to have the settlers removed from the area and the land returned to their control. In a contentious court hearing in June 2022, in which the State conceded that it does not know how or why the settlers were allocated the land in the first place, High Court Justice Esther Hayut told the State lawyer: “Given that you cannot explain how the land was given to those to whom it was given, does that give them the right to remain there forever?” 

The JNF – via its subsidiary group Himnuta, which handles West Bank transactions –  allegedly secured a deal with a Palestinian landowner to purchase the land in phases, starting with a smaller plot in 2018. Further phases of the the transaction were canceled due to criticism of the JNF’s involvement in land purchases in the occupied West Bank at the time. The deal is now back in process at the request of the Isareli Defense Ministry in order to finalize the transaction before the High Court.

This Week in Area C, Part 2: Regavim Files Petition Pushing for Immediate Demolition of Palestinian Construction in Area C

The settler group Regavim filed a petition with the Israeli High Court of Justice seeking to change operational procedures within the Civil Administration so that Palestinian construction in Area C can be immediately demolished – eliminating any chance for Palestinian landowners to challenge the demolition of their property – if it is believed to be illegal. Regavim calls it “absurd” that the Civil Administration would allow Palestinians a chance to assert their legal rights to build on land in Area C before demolition is carried out.

While settlers push for faster demolition of illegal (under Israeli law) Palestinian construction in Area C, a new piece by +972 Magazine reveals that an Israeli official who is in charge of handing out demolition orders against Palestinian buildings  in the Massaffer Yatta region, himself lives in an illegally built home in an illegally built outpost. This only furthers the clear message that settler groups are not interested in ensuring the faithful enforcement of Israeli law, but are rather interested in wielding Israeli law as a weapon to displace and replace Palestinians.

This Week in Area C, Part 3: Settlers Continue to Occupy Six Sites After Recent Attempt to Establish New Outposts En Masse

According to an op-ed by Arlene Kushner, settlers continue to ”maintain a presence” at six sites located in Area C where they are planning to establish new outposts. These are the same sites that were part of a large-scale effort two weeks ago, led by the Nahala settler movement, to establish six new outposts all at once. That effort was thwarted by Defense Minister Benny Gantz, who ordered Israeli security forces to prevent and remove settlers from the sites.

The determination of settlers to violate the law is unsurprising, in the ensuing hours after the failed operation a leader of the Nahala Movement, Daniela Weiss, told Haaretz:

“We’ll be back, of course. We’ll try to come back in a day or two. If it’s this Shabbat, I can’t say. We’re taking it one step at a time.”

Groups Petition to Cancel New Israeli-Led Archeological Dig in the West Bank Citing Legal Questions

The Israeli NGOs Haqel and Emek Shaveh report that on July 25th, an Israeli archaeologist launched a new excavation of the “Tel Tibnah” site in the Ramallah district, with sponsorship from the Israeli Bar-Ilan University. The NGOs jointly raised concerns about the political motivation behind the excavation, given “several fundamental legal and ethical issues” with the dig. The groups have called for the immediate cancellation of the excavation.

Haqel and Emek Shaveh further explain:

To the best of our knowledge, the site is situated on private and public lands of three Palestinian villages: Deir-Nisham, Beit Rima and Nebi Salah, and lies in proximity to the village of Abud. These lands are used by the local Palestinian population for agriculture and herding. In addition, within the site there is a spring that serves for drinking and irrigation. Initiating archaeological projects on privately owned land, even if these are declared as archaeological sites, demands that notification be given to the owners of these lands and their approval is required in advance. Entering private property without the permission of the owner is defined as a criminal act of incursion, even more so when conducting actions that might damage property and prevent access to the property, as is a frequent occurrence throughout the West Bank. The local residents unambiguously submitted their objection to the proposed excavations which will have a dramatic effect on their lives, impact their freedom of movement and violate their property rights. So far, this objection has not been taken into consideration.

The main question at stake is the State of Israel’s range of legitimate courses of action and that of Israeli academia. Initiation of an academic archaeological excavation serves, by nature, a scientific-academic motivation. This project does not serve an immediate necessity or mitigate against a pending danger, and does not meet the criteria as a “salvage excavation”, nor does it serve the local population living around the site. Any attempt to “govern” archaeological sites that are not within the sovereign borders of Israel is a political act and not a scientific one.

In addition, the claims of “antiquity robbery” should not justify state actions, and the political act should not be concealed as an archaeological one. The erosion of the distinction between heritage protection on the one hand and settlement and annexation on the other, threatens the future of archaeology.”

 

As FMEP has chronicled, settlers and their allies are intent on taking control of archaeological sites in the West Bank, and and seizing artifacts that are currently under Palestinian control. Settlers claim the sites are neglected and/or damaged. To that end, the settler groups known as “the Shilo Forum” and the “Shomrim al HaNetzach” (“Preservers of the Eternal”) — see background on these groups here — issued a report surveying 365 sites in the West Bank and arguing that the Palestinian Authority is moving to “erase all traces of Israel’s ancient Jewish heritage.” The accusations were in addition to allegations of neglect, mismanagement, and intentional damage. The report is part of the organizations’ campaign to push the Israeli government to assert control over these sites.

Bonus Reads

1. “Saving Masafer Yatta: The Fight Against Expulsion” (Mondoweiss)
2. “Military Rule: Testimonies of soldiers from the Civil Administration, Gaza DCL and COGAT (2011-2021)” (Breaking the Silence)
3. “Palestinian family encircled by Israeli settlement” (Al-Monitor)

 

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

To subscribe to this report, please click here.

February 4, 2022

1. Israeli Attorney General Approves Retroactive Legalization of the Evyatar Outpost (Final Decision to be Made by Government)
2. Another Palestinian Family to Be Forcibly Dispossessed of its home in Jerusalem
3. New Tender Issued for Settler Foot Bridge Over Ben Hinnom Valley
4. Knesset Committee Recommends Expanding Israel Antiquities Authority Oversight into the West Bank
5. Further Reading

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Israeli Attorney General Approves Retroactive Legalization of the Evyatar Outpost (Final Decision to be Made by Government)

Haaretz reports that in the final hours of his tenure outgoing Israeli Attorney General Avichai Mandleblit issued a legal opinion that provides a basis for granting retroactive legalization to the Evyatar outpost (which would mean authorizing Evyator as a fully-approved new settlement, “legal” under Israeli law). 

As a reminder: the Evyatar outpost was illegally built by settlers on land located just south of Nablus, in the very heart of the northern West Bank. The site of the outpost is known to Palestinians as Mount Sabih, and has historically belonged to the nearby Palestinian villages of Beita, Yatma, and Qablan. With this new opinion, the Israeli Attorney General has decided that enough of the land on which the illegal outpost was built can be declared as “state land,” which means the Israeli government can give the area to the settlers.

As another reminder, this time from Peace Now: 

“the declaration of state lands is a procedure that was used by Israel since the 1980’s in order to take over nearly one million dunams in the occupied territories. The declaration is based on a draconian Israeli interpretation of the Ottoman Land Law according to which if land is not cultivated for a certain period it becomes public land and is managed by the state (and in the case of Israeli occupation of the territories, it is managed by the Civil Administration).”

With the legal opinion of the Attorney General, the Bennett government is now in a position to authorize Evyatar as a new settlement. If granted government approval, Defense Minister Benny Gantz can issue a formal declaration of “state land” (more on that process here). In January 2022, reports indicated that Gantz had agreed to the plan to legalize Evyatar.

That said, the Bennett government could, theoretically, still elect to not authorize the outposts, but that outcome is extremely unlikely, to say the least – notwithstanding the fact that Foreign Minister (and alternate Prime Minister) Yair Lapid has reportedly warned Prime Minister Bennett that authorizing Evyatar will damage Israel-U.S. relations. Also, the Israeli Labor and Meretz parties (both part of the governing coalition) oppose the legalization of Evyatar. 

Palestinian Authority settlement officer Ghassan Daghlas told Haaretz:

“Israel is trying to establish facts on the ground and the timing of the announcement is not coincidental, a day after the publication of the Amnesty report.”

In the very early days of the Bennett-Lapid coalition government, it was decided that the government would undertake an “investigation” into the status of the land on which the outpost was illegally established. That investigation was part of a package deal meant to both appease the settlers who were illegally squatting at the site and their allies. The package was also intended to quell Palestinian protests against the outpost and the international attention they were increasingly gaining – attention linked in larger part to the violent reaction against Palestinians by settlers and IDF soldiers, including most notably in Beita, which saw the death of several protestors, including children.

In addition to the “investigation,” the package also sought to balance bitter divisions within the Bennett government over whether to evacuate the outpost or grant it retroactive legalization. In the end, the government reached a “deal” which saw the settlers (temporarily) voluntarily vacate the outpost on July 2, 2021. In return, the government agreed to leave the settlers’ illegal construction at the site in place (i.e., did not demolish it) — including buildings and roads —  while it carried out its investigation into the status of the land. In this way, the “compromise” left the outpost intact and allowed Israel to maintain complete control over the site during the “survey” process, clearly signalling that the government’s objective was never to enforce Israeli law, but, rather, was always about finding a legal and political “solution” to enable them to launder the settlers’ actions and accommodate their demands. Indeed, the terms of the Evyatar “compromise” made clear that the Bennet government was confident that it would find a pretext on which to assert that the land on which the outpost stands is “state land,” which can be used by the state as it sees fit (which nearly 100% of the time means, will be used to benefit the settlers)).

Peace Now said in a statement: 

“Instead of stopping the ideological delinquency of a handful of settlers who allow themselves to establish facts on the ground against the law, and contrary to the Israeli interest, the government seeks to encourage them and give them a reward. The establishment of a new settlement in the depths of the West Bank is a security burden, and a threat to the chances for peace. Coalition members who oppose the occupation and support two states must demand that the Defense Minister stop the madness and not approve the settlement in Eviatar.”

Another Palestinian Family to Be Forcibly Dispossessed of its home in Jerusalem

Ir Amim reports that Israeli authorities have officially cleared the way for the Palestinian Salem family to be evicted from its longtime home in Sheikh Jarrah. The eviction can take place at any time between March 1st and April 1st. Once evicted, the Salem family home will be handed over to two settlers, one of whom is Jerusalem Deputy Mayor Aryeh King – suggesting that, at least in this case, the Israel government’s agenda and the settlers’ agenda are one and the same. 

The Israeli registrar, in publishing its approval of the eviction window, also ordered the Salem family to pay 5,000 shekels (~$1,500 USD) for legal expenses.

The Salem family told WAFA news that they intend to appeal their eviction to the Israeli High Court, though a member of the family made it clear that the Israeli courts are part of a system designed to dispossess them:

“The Israeli court is biased. It only aims at emptying Jerusalem from Palestinians to give our place to settlers…even if we appeal, we don’t trust the Israeli court system. We depend only on solidarity in Palestine and beyond…We are three brothers living with our families, including seven children and our 74-year-old mother, Fatima Salem, the head of the family…We were all born here and have nowhere else to go. If they do expel us, we will continue to live in the street, right here”. 

On the possibility of delaying the Salem family’s forcible displacement, Ir Amim notes:

“Although the Selam family’s legal representation may appeal the Enforcement and Collection Authority’s decision authorizing the family’s eviction and request an injunction to freeze it, there is no guarantee the court will approve such a request. The family’s attorney has hence made it clear that the remaining legal remedies are extremely limited. Therefore the only real effective means of preventing the family’s impending displacement is through state intervention.”

Israeli settlers and police had specifically requested a window in which to carry out the eviction to enable them to carry out the eviction by surprise — thereby (theoretically) making it harder for the family and protesters to prepare and for large crowds to gather. It must be understood that this flexible date is just the latest twist on the cruelty and hardship endured by the Salem family for years. It’s also worth recalling that earlier this month, in the context of a similar approval for the eviction of a Palestinian family living in the same neighborhood (the Salihiya family), Israel chose to implement the eviction in the dead of night, on one of the coldest nights of the year.

For further background on the Salem family’s case (including on the Israeli laws that were expressly designed to enable the eviction of Palestinians in favor of settlers), see reporting by Ir Amim and Peace Now.

New Tender Issued for Settler Foot Bridge Over Ben Hinnom Valley

Ir Amim reports that the Moriah Jerusalem Development Corporation issued a tender for a settler-initiated project to build a new pedestrian footbridge over the Ben Hinnom/Wadi Rababa Valley in Jerusalem. Bidding on the tender is set to close on February 28, 2022. An appeal against the plan, filed in 2018 by Israeli NGOs Peace Now and Emek Shaveh, was rejected by the Courts.

The bridge will serve to connect two settler-operated tourist facilities located on opposite sides of the valley – one in the  in the Palestinian Abu Tor neighborhood and the other in the Silwan neighborhood.

On the Abu Tor side of the bridge, the Elad settler organization runs and operates a cultural center and cafe named “House in the Valley,” which opened in 2019 after Elad evicted a Palestinian family and renovated the space. A week after Elad’s new cultural center was opened, the Jerusalem Municipality issued “gardening orders” to take control, for a period lasting 5 years (with the likelihood of extensions after that), of 12 nearby plots of privately owned Palestinian land. “Gardening orders” allow Israel to “temporarily” take over privately owned land for what are ostensibly public purposes (like establishing a parking lot or public garden), based on the argument that the private owners are not presently using the land. In this case, Israel has in effect made rules that guarantee that the latter condition applies: as Emek Shaveh has noted, the 12 plots in question are located in an area declared by Israel to be a national park, meaning that private landowners are legally barred from using their own land. 

On the Silwan side – a neighborhood where Elad (alongside other settler organizations, including Ateret Cohanim) is waging a house-by-house campaign to displace Palestinians in favor of settlers and settler-run tourist sites – the bridge will end near the Sambuski cemetery, which until recent years was a relatively unknown, neglected site that even Israel did not recognize as a holy site. Under the Trump “Peace to Prosperity” plan, the Sambuski cemetery suddenly became a place of prime historical and religious importance to Israel. The Israeli NGO Emek Shaveh – which has a special expertise on archaeology and the weaponization of archaeology to serve the political agenda of the settlers and the state – wrote a report on exactly how the Trump “Vision” supports settler efforts to use Jerusalem’s history and antiquities to promote Israeli-Jewish hegemony and control over the city.

Ir Amim writes:

“As part of the intensifying band of settlement around the Old City, the Wadi Rababa/Hinnom valley area is of particular significance as it stretches along the seam between Silwan and West Jerusalem and serves as the main entrance into the neighborhood from this direction. In recent years, there has been an increase of tourism projects in and around this location promoted by the government and the Elad settler organization, which together create a more seamless link between West Jerusalem and Elad’s constellation of settlement sites in Silwan.”

Knesset Committee Recommends Expanding Israel Antiquities Authority Oversight into the West Bank

On January 24th, the Knesset’s Education Committee held a hearing to discuss the alleged destruction of Jewish antiquity sites in the West Bank by Paelstinians and the Palestinian Authority, and what Israel should do to stop it. The Committee made several recommendations, including the suggestion for the government to expand the jurisdiction of the Israeli Antiquities Authority to include Area C, which would amount to yet another act of de facto annexation of some 60% of the West Bank. The Committee also recommended offering formal authorization for settler regional councils to “protect” and manage antiquity sites in Area C, which settlers are already doing on their own accord (with State funding and the help of the IDF in some cases). These archaeologically-focused annexation efforts run in parallel to other ongoing efforts by settlers and their political allies to unilaterally (and openly) annex Area C.

The hearing  was based on a report on this very subject authored by a group calling itself the “Guardians of Eternity.” That group is an offshoot of the settler group Regavim. Emek Shaveh – an Israeli NGO focused on archaeology – called the report “highly questionable,” noting that the scientific editor of the report is anonymous, the report did not use acceptable archaeological methodology when surveying different sites, and the data on which the report based its conclusions and recommendations has not been made public.

Emek Shaveh’s Executive Director, Alon Arad, briefly addressed the Knesset Committee, urging the Members to understand the political agenda at play. Arad said:

“​​The destruction of antiquities should not constitute a pretext for political action and I think we should also refrain from camouflaging the political nature of this discussion as an archaeological act. Blurring the lines between archaeology and heritage on the one hand, and settlement and annexation, on the other endangers the future of archaeology.”

Emek Shaveh later said in a statement:

“There are approximately 6000 antiquity sites in the West Bank. The significance is that practically in every village or town there are archaeological remains of varying scale from a watering hole to a multilayered mound. It follows that there is always a tension between the need for modern development and the safeguarding of heritage sites. It is also clear that the problem of antiquity destruction is used by settlers and right-wing MKs as a justification for displacement…in just two years from 2017-2019, there was a 162% rise in demolition orders citing archaeology…Emek Shaveh believes that the destruction of antiquities should not be used as a justification for settlement expansion nor for promoting actions which advance de facto annexation. The appropriate approach to safeguarding antiquities in Area C must include the following: Israel must respect International Humanitarian Law and conventions which outline its duties vis-à-vis cultural heritage sites as the occupier in occupied territory, including maintaining separation between the IAA and the Staff Officer for Archaeology. Israel should promote cooperation with the Palestinian Authority on all levels: information sharing, oversight, and enforcement – something that was mutually agreed in the Oslo Accords. Israel must outlaw the trade in antiquities which gives impetus to antiquity theft.”

The Knesset Committee’s discussion of this subject comes on the heels of a decision by Israeli Minister of Heritage and Jerusalem Affairs, Ze’ev Elkin, to allocate $1.57 million (5 million NIS) towards “reconstruction” of the Sebastia archaeological site (located in the northern West Bank, near Nablus), pending approval from the Israeli Civil Administration. The Ministry further said that an additional $787,000 will be allocated towards the “rehabilitation” of other archaeological sites in the West Bank, as well as about $470,000 towards the Civil Administration’s ramped up efforts to “protect” West Bank archaeological sites.

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

Bonus Reads

1. “Israeli soldiers force closure of Palestinian stores in Hebron’s Old City” (Basel al-Adra – +972 Magazine)
2. “The purpose of settler terrorism” (Edo Konrad – +972 Magazine)
3. THREAD: “During a discussion in the government about settler violence the Chief of Staff stated Israeli soldiers don’t have the authority to detain Israeli settlers who attacked Palestinians…” (Oren Ziv – Twitter)