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

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April 24, 2020

1. The Facts on the Bibi/Gantz Annexation Agreement
2. The World Responds (or doesn’t) to Formation of Annexation Government
3. Gantz Takes Over Defense Ministry – Including Authority Over Settlement Construction (at least until July 1st)
4. Settlers, Yamina Party Dissatisfied with & Suspicious of Netanyahu’s Annexation Plans
5. Plans Advance for Two New Settlement Enclaves in the Beit Hanina Neighborhood
6. B’Tselem: With IDF Backing, Settlers are Violently Stealing Land During COVID-19 Crisis
7. Coming Soon: Plans for Har Homa Expansion Scheduled for Discussion on April 27th
8. Coming Soon: Israel To Open Bidding on “Doomsday” Givat Hamatos Settlement Tender on May 3rd
9. IDF Demolishes Outpost Structures, Including in Outpost From Which the Criminal “Hilltop Youth” Group Hail
10. Yesh Din Outlines Potential Impact of Annexation on Palestinian Human Rights (Spoiler: It’s Bad)
11. Bonus Reads

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

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The Facts on the Bibi/Gantz Annexation Agreement

Under the new emergency unity government agreement, the issue of annexation is at the total discretion of Prime Minister Netanyahu. Per the coalition agreement signed by Netanyahu and Gantz on April 20th, the stipulations related to annexation are:

1. The U.S. must give its “full agreement” to the annexation plan, including on the maps of West Bank land Israeli legislation will specify for annexation. Reminder: the U.S. and Israel have already formed a joint mapping committee aimed at translating the conceptual map appended to the Trump Plan into a detailed plan. The U.S. has signalled that it will give its approval to the resulting map and to date, the Trump Administration has only offered its total support for Israeli annexation – including Secretary Pompeo in a April 22nd press conference. 
2. Netanyahu and Gantz must “engage in dialogue” with (but are not obligated to secure any form of consent from) the international community, “with the aim of preserving the security and strategic interests of Israel including maintaining regional stability, preserving existing peace agreements and working towards future peace agreements.” During the negotiations that paved the way for the unity agreement, international coordination as a condition for any annexation was reportedly one of Gantz’s key demands, with particular insistence on the king of Jordan being consulted; as is clear from the agreement, Gantz totally folded on this point (among others). 
3. On July 1, 2020, Prime Minister Netanyahu can bring the U.S-approved annexation plan up for discussion in the Cabinet and/or for a vote in the Knesset, – without the support/approval of Gantz. The unity agreement consists of a six-month “emergency period” during which Netanyahu is prohibited from introducing any legislation unrelated to Israel’s fight against the Coronavirus. Annexation legislation is the one and only exception from this prohibition, with the agreement allowing Netanyahu to move annexation legislation as of July 1 (the delay until July representing the empty “concession” extracted by Gantz in negotiations). Indeed, by providing two separate ways to move annexation – via the Cabinet or via the Knesset – the agreement ensures Netanyahu will be able to pass the bill even if he does not have a majority in the Cabinet (seats on which will be split equally between Netanyahu and Gantz appointees in the new government).
4. Only a Likud member of the Knesset is permitted to introduce an annexation plan in the Knesset, provided that the plan is identical to the one promoted by Prime Minister Netanyahu. This stipulation prevents more radical annexation plans from being moved in the Knesset by members of other political parties, and also eliminates any role of Gantz in Knesset proceedings.
5. Once introduced into the Knesset, the annexation legislation cannot be delayed or vetoed. By accepting this clause, Gantz has agreed in advance that he cannot block the bill from passage. At the same time, the agreement magnanimously allows Gantz and his fellow Blue & White Members of the Knesset to “vote their conscience” and oppose the annexation bill (FMEP has previously explained the political strategy behind this). Under the unity agreement, this is the only matter on which Gantz agreed to forfeit his veto power.

The World Responds (or doesn’t) to Formation of Annexation Government

The Palestinians were vocal in their opposition of the new government and its annexation plan, with Palestinian Authority President Mahmoud Abbas threatening to cancel all agreements with Israel and the United States if annexation plans proceed. 

Unsurprisingly, the U.S. government welcomed the unity government agreement and, with Secretary of State Pompeo stating he was “happy” that the sides had reached an agreement and noting:

“As for the annexation of the West Bank, the Israelis will ultimately make those decisions. That’s an Israeli decision. And we will work closely with them to share with them our views of this in (a) private setting.”

The government of France issued the most notably strong statement (so far) rejecting annexation, saying: 

“Such steps if implemented would not pass unchallenged and shall not be overlooked in our relationship with Israel.”

An European Union’s foreign affairs spokesman stated that “If this proceeds, it will not be left unanswered.” Separately. the EU’s Chief of Foreign Affairs, Josep Borrell, issued a statement vowing to “closely monitor” annexation efforts, reiterating that the EU holds annexation as a “serious violation of international law.” Remarkably,  8 of 27 EU member states opposed Borrell’s statement, signalling a fractured and therefore weak EU stance against annexation. During discussions with member states, Borrell reportedly argued for including a threat of sanctions against Israel if annexation is advanced, a point which drew opposition. Other states were reportedly hesitant over the timing of the statement, claiming to be concerned about preemptively souring relations with the new government, and particularly Gantz. 

In response, Israeli Foreign Minister Yisrael Katz attacked Burrell and praised EU states that opposed the EU statement, including: 

“It is unfortunate to read that Joseph Burrell, who claims to be trusted with the EU’s foreign relations, chooses to welcome the new government of a central partner of the EU in this way, and prefers to see the relationship between Israel and the EU through the prism of the pandemic and the ‘status of the territories.’ Given the depth of the relationship and in light of the fact that this announcement did not receive the support of the EU member states yesterday, we wonder which policies the honorable gentleman is choosing to represent, and not for the first time.”

Ireland’s Foreign Minister Simon Coveney made a strong statement warning Israel against annexation:

“Annexation of territory by force is prohibited under international law, including the UN Charter, whenever and wherever it occurs, in Europe’s neighbourhood or globally. This is a fundamental principle in the relations of states and the rule of law in the modern world. No one state can set it aside at will.  Ireland remains committed to a negotiated two-state solution that ends the occupation that began in 1967, with Jerusalem as the capital of both States, on the basis of international law, the internationally-agreed parameters and relevant UN Security Council resolutions.”

Germany’s mission to the UN tweeted:

“Germany strongly advises against the annexation of occupied Palestinian territories. This would have serious, negative repercussions on the viability of the two-state solution, the entire peace process, regional stability and ISR standing within the international community.”

The UK Deputy Permanent Representative to the UN, Ambassador James Roscoe, delivered a statement in the UN Security Council noting:

“we are deeply concerned by reports that the new Israeli government coalition has reached an agreement which paves the way for annexation of parts of the West Bank. The UK position is clear: any unilateral moves towards annexation of parts of the West Bank by Israel would be damaging to efforts to restart peace negotiations and would be contrary to international law.”

The UN’s special Middle East envoy, Nickolay Mladenov, said that annexation would,

 “deal a devastating blow to the two-state solution, close the door to a renewal of negotiations, and threaten efforts to advance regional peace.”

Gantz Takes Over Defense Ministry – Including Authority Over Settlement Construction (at least until July 1st)

The newly signed unity government agreement will see Benny Gantz appointed as the Defense Minister of Israel, taking over the post from Yamina MK Naftali Bennet. As Defense Minister, Gantz will take control of the Civil Administration, which is a body within the Defense Ministry which serves as the sovereign authority in the occupied territories. For as long as the Civil Administration exists and Israel has not formally annexed the West Bank, Gantz will hold enormous power over decisions related to land seizures and allocations, settlement construction and enforcement of Israeli building regulations in the West Bank (of course, even without annexation, Netanyahu – as the highest official in the government, will retain important if not decisive authority in all settlement-related decisions). 

The objective of annexation, of course, is to fully normalize and permanently integrate the settlements into the state of Israel, bringing them fully under the laws and governance of Israel’s government.  If and when such annexation is implemented, the current system of governance over the settlements — which since 1967 has run through the Defense Ministry, reflecting the fact that the land is held by Israel under a status even the Israeli High Court has recognized as “belligerent military occupation” — will perforce be dismantled. In the event of partial annexation, areas annexed to Israel would perforce no longer be under Civil Administration authority. 

Nonetheless, we have seen what a determined Defense Minister can accomplish over a short period of time. Over the course of his 6 months as Defense Minister, Naftali Bennet aggressively exercised the significant power of that office to promote numerous settlement plans, including controversial plans that required careful legal maneuvering. Among his accomplishments are:

• The issuance of a new legal opinion to enable settlement construction above the old vegetable market in Hebron;
• The approval of plans to build a controversial new road near Jerusalem, dubbed by the settlers the “sovereignty road” — an important step towards building the E-1 settlement;
• The announcement of seven new “nature reserves” in the West Bank, and the expansion of 12 existing reserves;
• The launching of legal research into how Israeli can bring settlement building in Area C under the direct authority of the Justice Ministry, cutting out the Civil Administration;
• The creation of an inter-ministerial taskforce to develop settlement and annexation plans for the future of Area C in the West Bank. Reports indicate the taskforce agenda includes: 
  • Allowing Jews to privately purchase land in the West Bank. [See here for a detailed explanation of this complicated matter]; 
  • connecting unauthorized outposts to water and electricity; 
  • granting official recognition to unauthorized outposts that are located near established settlements by recognizing them as “neighborhoods” of the settlement; 
  • repealing a military order that empowers the Civil Administration to evict settlers from privately owned Palestinian land with or without a Palestinian-initiated petition to have the settlers removed; 
  • legalizing 30 sheep farms in the West Bank that are under pending demolition orders. 

It is worth noting, however, that other ministries also have authorities with respect to support for an governance over settlements, a messy situation which is the result of Israel’s creeping annexation via the extension of Israeli domestic laws and regulations over the settlements/settlers [FMEP maintains a compendium of these laws and regulations]. The Israeli Education Ministry recently brought settlement colleges and universities under its authority. The Transportation Ministry has funded the construction of hotels and other tourist infrastructure in the settlements. The Agricultural Ministry facilitates the sharing of egg quotas between settlements and Israeli cities. The Interior Ministry facilitates tax sharing and redistribution between the settlements and Israeli communities. And of course the Justice Ministry has a central role in defending settlement activity in the West Bank, and is playing a key role in the bid to find new legal mechanisms for granting retroactive authorization to illegal outposts and expropriating privately owned Palestinian land.

Under the new governing agreement, the ministries are set to be divided between Likud and Blue & White. With respect to ministries that have direct involvement in settlements, Israeli media reports suggest that in addition to the Defense Ministry, Blue & White will get the Justice Ministry (with Avi Nissenkorn reportedly set to be the next ministry), the Ministry of Economy, and the Ministry of Agriculture. For its part, in addition to maintaining the position of Prime Minister for at least 18 months, Likud will get the Housing & Construction Ministry (which has a central role in West Bank settlement construction), the Finance Ministry, the Transportation Ministry, the Ministry of the Interior, the Education Ministry, the Ministry of Public Security, and will appoint the next Speaker of the Knesset (expected to be Yariv Levin) who will serve for the entire 18 months of the unity government’s duration.

The Times of Israel suggests that this division amongst parties might result in incoherent policies on the settlements:

“Take for example the West Bank settlements that will seek to capitalize on any Israeli declaration of sovereignty in the coming months to encourage a growth in population and economic development. The heads of controversial outlying settlements will undoubtedly find a sympathetic ear in the right-wing-led ministries of transportation or housing — both vital to their development — but will face a colder reception in the ministries of agriculture and economy, on which their livelihoods depend and which are slated to be led by the Gantz bloc’s Blue and White and Labor respectively in the new cabinet. Will the new government support those settlements or try to limit their growth? Both.”

Settlers, Yamina Party Dissatisfied with & Suspicious of Netanyahu’s Annexation Plans

Having been left out of any leadership role in the new unity government, the Yamina party – an alliance of far-right parties led by Naftali Bennett, Ayelet Shaked, and Bezalel Smotrich – has not yet decided whether to remain part of Netanyahu’s alliance or become an opposition party to the newly formed unity government. The faction’s central grievance concerns Netanyahu’s concessions on judicial appointees (which leave Yamina completely out of that important government process), and Yamina’s continued suspicion over Netanyahu’s intentions on annexation. 

Throughout the negotiations, Shaked and Bennett continued to express their rejection to the Trump Plan, based on their opposition to that plan holding out even the pretense of allowing for the establishment of a (discontiguous, powerless, politically and economically non-viable) Palestinian state in the future. In an attempt to cast doubt on whether the Prime Minister intends to implement the annexation path laid out in the unity deal, Bennett threw punches at Netanyahu, calling him “all talk” on the matter of annexation. Shortly after the deal was signed Bennett told the press:

“This is a left-wing government led by Netanyahu. All the things we care about are going to the [Blue and White-led] bloc. The agreement doesn’t leave us any way to have influence.”

While many settler leaders welcomed the new government, most withheld a full-throated celebration over the annexation clause – either because some settlers are dissatisfied with the Trump Plan (like Yamina) or because settlers distrust Netanyahu’s promises. Like Yamina, settlers are pushing for an even more expansive annexation than the one laid out in the Trump plan. U.S. Secretary of State Mike Pompeo’s recent comment that annexation is an Israeli decision gave settler leaders even more ammunition with which to threaten Netanyahu. Beit El Council head Shai Alon said:

“There are no more excuses. It’s time for action. The ball is in the new government’s court. If sovereignty doesn’t happen now, who knows when the next opportunity will come around.”

Prior to the agreement being finalized, Yesha Council head David Elhayani told The Jerusalem Post:

“I don’t think that the US will go against us [Israel] when Trump is president…You have to throw this [Trump] plan into the trash and the State of Israel has to decide to make the right decision. That decision is to apply sovereignty to the Jordan Valley, the northern Dead Sea and [all] the settlements…”

Samaria Regional Council chairman Yossi Dagan said in a statement:

“I congratulate the prime minister and MK Benny Gantz on reaching an agreement…We will work with the government, in partnership and, when necessary, in a forceful manner, in order to advance sovereignty in the coming period and to expand construction and development in Judea and Samaria.”

While the unity agreement means that Yamina will not have power in the new government, its impact on the unity agreement and on the course of Israel’s future under this government should not be underestimated. The dogged pressure on Netanyahu exerted by Shaked, Bennett and their settler friends may have helped him secure concessions from Gantz in negotiations, but in so doing it also put Netanyahu in corner, depriving him of any politically easy way to delay annexation, should he want to do so (that said, the idea that he would want to do so is increasingly far-fetched — according to Barak Ravid,  Netanyahu sees annexation as his main legacy as Prime Minister). Indeed, under the coalition agreement Netanyahu’s only excuse for delaying or preventing annexation would be U.S. opposition — and the Trump administration is already on the record (with the Trump Plan and in statements) in support of annexation.

Plans Advance for Two New Settlement Enclaves in the Beit Hanina Neighborhood

Ir Amim reports that on April 22nd, the Jerusalem Local Planning Committee recommended the advancement of plans to build two new settlement enclaves inside the Beit Hanina neighborhood of East Jerusalem. With the committee’s recommendation, the plans advance to the Jerusalem District Planning Committee for discussion. In January 2020, the Jerusalem District Planning Committee granted final approval to plans for another enclave in Beit Hanina, marking the first time the Israeli government granted authorization for settlement construction in Beit Hanina.

The plans for the two new enclaves are closely linked to East Jerusalem settlement empresario and Jerusalem municipal councilman Aryeh King. Ir Amim notes the role King has played behind the scenes and the potential impact of the enclaves:

“Although originally scheduled to be discussed at the Local Planning Committee on March 18, they were subsequently omitted from the agenda.  The plans likewise reappeared on the agenda for discussions on April 1 and again removed. For a third time, the plans re-emerged on the agenda for today’s discussions at the Local Planning Committee and were subsequently taken off and then immediately placed back on. Such moves indicate concerted pressure to advance these plans by prominent settler figures, including Arieh King, longstanding settler activist and Jerusalem Municipal Councilman who is behind the promotion of these projects. The establishment of more settler enclaves in the heart of Beit Hanina will not only impact the fabric of this community and fracture its space, but will further erode opening conditions for a political solution to the conflict based on two capitals in Jerusalem.”

Ir Amim previously provided essential context to Beit Hanina settlement schemes:

“the plan will enable an ideologically driven settler outpost in the heart of Beit Hanina, a neighborhood located on the northern perimeter of East Jerusalem that has remained relatively untouched by Israeli settlement within its limits. Since the land in question is not far from Ramat Shlomo to the south-west and Pisgat Zeev to the north-east of it, its construction may mark the beginning of a far sweeping move to create contiguity between the two settlements, while driving a wedge between Bet Hanina and Shuafat.”

B’Tselem: With IDF Backing, Settlers are Violently Stealing Land During COVID-19 Crisis

B’Tselem documented 23 attacks by settlers on Palestinians and/or Palestinian property in the first three weeks of April 2020, continuing what is now a two-month trend of increased settler violence during the coronavirus shutdown which began in mid-March. 

The violence centered around well-known hotspots:

1. The Shilo Valley, were settlers terrorized the Palestinian villages of al-Mughayir, Turmusaya, Qaryut and Qusrah; 
2. The South Hebron Hills, particularly near the outpost of Havat Ma’on as well as near the settlements of Rimonim and Kochav Hashahar; and
3. The area around the Halamish settlement, where another new outpost was recently erected. 

B’Tselem also notes that settlers In the Jordan Valley harrass Palestinian herders on a daily basis, but these incidents are not counted in the violent attack data.

B’Tselem underscores the state support for such violence and its goal: the dispossession of Palestinians. It writes:

“These actions are part of a joint strategy by the settlers and Israeli authorities to systematically block Palestinian access to land – one acre, field, fertile plot, grove or pasture at a time – for decades on end, and take effective control of it. This way the state transfers the means of livelihood of Palestinians into the hands of Israelis. Settler violence is the state’s unofficial, privatized arm that serves to gradually achieve this goal. The state’s full support for this violence is evident in the actions of Israeli security forces on the ground. Five of eight attacks on Palestinian homes in March occurred in the presence of soldiers, who not only allowed the settlers to do as they pleased but took action against Palestinians trying to protect their families and homes. In some cases, soldiers arrested residents, and in at least three incidents fired tear gas canisters at residents. In three incidents, the soldiers arrived with the marauding settlers or joined them early on in the assault. Similar incidents occurred in April, with soldiers firing rubber-coated metal bullets and tear gas canisters at residents, as has happened in the villages of Qusrah and a-Shuyukh on 6 April. In the Qatash brothers’ case, after the assault, the settlers handed ‘Issa Qatash over to soldiers, who did not give him any medical assistance or help him get back to his family. Instead, they simply abandoned him in the field with a fractured leg. For years, Israel has allowed settlers to attack Palestinians and damage their property virtually unimpeded, as a matter of policy. This includes provision of military protection for the attackers, and in some cases soldiers’ active participation in the assault. The police, meanwhile, hold back from enforcing the law on the offenders. This is part of Israel’s strategy to encourage the dispossession of Palestinians from growing areas throughout the West Bank, which paves the state’s way to take over more land and resources. The fact that this violence has exacerbated during a global pandemic adds another layer of brutality to Israel’s policy.”

Coming Soon: Plans for Har Homa Expansion Scheduled for Discussion on April 27th

According to Ir Amim, the Jerusalem District Committee is scheduled to discuss two plans for a total of 2,500 new settlement units in Har Homa E (also called Har Homa West) settlement on April 27th. The two plans were last discussed in February 2020, following Prime Minister’s Netanayhu’s lifting of a freeze on contentious East Jerusalem settlements (a development which also saw the E-1 settlement plans advance). At the time, the Har Homa plans were delayed for technical reasons.

Ir Amim explains:

“The resubmission of these plans for discussion only two months following the committee’s decision not to advance them and likewise amid the COVID-19 pandemic with its accompanied government restrictions and limitations highlights the pressure being applied to promote these plans. Construction in Har Homa E will serve as another step in connecting the existing Gilo and Har Homa neighborhoods/settlements and create a contiguous Israeli built-up area along the southern perimeter of East Jerusalem. This will likewise detach Bethlehem and the southern West Bank from East Jerusalem while isolating the Palestinian neighborhood of Beit Safafa. In line with the new reality created by the Trump Plan and its unilateral recognition of Israeli sovereignty of East Jerusalem, these developments will constitute a major obstacle towards the future establishment of a Palestinian capital in the city and the prospect of a viable two-state framework.”

For further details on the two Har Homa E plans – one of which is a master plan – see Ir Amim’s excellent analysis. 

Coming Soon: Israel To Open Bidding on “Doomsday” Givat Hamatos Settlement Tender on May 3rd

According to Ir Amim, the Israeli government will open the Givat Hamatos settlement tender for bidding starting May 3rd, despite the fact that the government has delayed opening bidding on several other tenders due to the ongoing COVID-19 state of emergency. 

The tender appeared on the Israel Land Authority’s website on February 24th, but it was unclear whether or not the bidding timeline would be delayed. Ir Amim writes:

“It is reasonable to assert that voices on the political right are racking up pressure to ensure the tender is open for bidding on May 3 despite the current circumstances. Constituting a longstanding international red line, Israeli building in Givat Hamatos will seal off the southern perimeter of East Jerusalem from Bethlehem and the southern West Bank, effectively eroding conditions necessary for the establishment of a Palestinian capital in the city within a viable two-state framework. If the tender is indeed published, it would significantly decrease the potentiality to effectively block Israeli building in the area. Concerted opposition and pressure to freeze the tender is therefore vital in this limited window of time in lead-up to May 3.”

IDF Demolishes Outpost Structures, Including in Outpost From Which the Criminal “Hilltop Youth” Group Hail

On April 22nd, hundreds of Israeli Border Police deployed to outposts associated with the radical and violent Yitzhar settlement in order to demolish six structures in three different outposts in the area. The demolitions included 2 structures in the Kumi Ori outpost, which serves as the home turf of the 20 extremist “Hilltop Youth” settlers who were recently quarantined in a new outpost established by the IDF especially for the group, from which the settlers violently attacked Palestinians nearby and absconded with Israeli army gear. The other demolished structures were located in the nearby Kipa Sruga and Tekuma outposts.

A lawyer representing the settlers filed a petition in an attempt to stop the demolitions, arguing that the Israeli Defense Ministry announced that it would not be implementing home demolition orders while battling the COVID-19 outbreak (though the Kumi Ori settlers clearly have no regard for Israeli policy meant to stop the spread of the virus). 

While the violent and illegal actions of the quarantined settler youth drew major headlines and condemnation even from the likes of devoted settler supporter Defense Minister Nafatli Bennett, this week’s demolition of two structures in the Kumi Ori outpost – one of which was the residence of the notorious and violent settler Neria Zarog – is part of a multi-year battle between the state of Israel and settlers over the outpost. Israel has demolished structures at the Kumi Ori site more than 10 times – most recently in January 2020 – and the IDF declared the area a “closed military zone” just six months ago. Kumi Ori settlers not only refuse to comply with IDF orders but have violently attacked Israeli forces, including an incident in March 2020 when settlers threw molotov cocktails at an IDF vehicle which arrived at the outpost site. During the demolition this week, two settlers were arrested, including Zarog, who refused to leave the building slated for demolition.

Yesh Din Outlines Potential Impact of Annexation on Palestinian Human Rights (Spoiler: It’s Bad)

In a new report, entitled “The Potential Impact of West Bank Annexation by Israel on the Human Rights of Palestinian Residents,” the Israeli NGO Yesh Din lays out four of the most alarming implications of annexation. In its last point, Yesh Din argues that annexation along the lines of the Trump Plan will reveal the operational reality in the West Bank: Apartheid. Yes Din writes:

“Annexation will pull the rug from under the argument, currently prevalent in many circles, that while Apartheid, or at least an Apartheid-like regime, is currently practiced in the West Bank, the sovereign State of Israel is a democracy. Applying Israeli sovereignty to the West Bank would be tantamount to a declaration that there is one regime, rather than separate administrations.”

Other impacts will include the mass expropriation of privately owned Palestinian land (violating property rights), even more limitations on freedom of movement, the expansion of settlements and outposts which systematically violate Palestinians’ human rights, the expulsion of communities living in unrecognized villages in the areas annexed by Israel, and consolidating Isarel’s control over natural resources.

Bonus Reads

1. “Whoever Thinks West Bank Annexation Will Pass Quietly, Better Think Again” (Haaretz)
2. “COVID-19 shows how reckless Jordan Valley annexation would be” (The Times of Israel)
3. “Isareli-Palestinian Virus Cooperations Imperiled Amid Unity Gov’t, Annexation Bid” (Times of Israel)
4. “Coronavirus and Political Inaction on the Conflict” (The Times of Israel)
5. “Israel’s Memorial Day gift to bereaved families: Olive oil from a West Bank settlement” (+972 Magazine)
6. “From Settlements to Annexation” (Canadian Friends of Peace Now – webinar)
7. “COVID-19 Emergency Situation Report 5 (14 – 20 April 2020)” (OCHA) 

 

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

1. Bennet Approves Plans for “Sovereignty Road” In Move Toward Construction of E-1, Annexation of Ma’aleh Adumim Settlement Bloc
2. Israeli Planning Committee Asks for Changes, More Info on Har Homa & Givat Hamatos Plans
3. Palestinian Minor Killed by IDF During Clash Over Settlers Entering Palestinian Land Near Nablus
4. 2019 U.S. State Department Human Rights Report Further Erases Occupation, Denies Palestinian Identity, Affirms Golan Annexation
5. Reports: U.S. Will OK Annexation “Within Months” Unless Palestinians Negotiate on Basis of Trump Plan (i.e.,  Palestinians Either Agree to Annexation, or They Get Annexation Anyway)
6. Bonus Reads

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

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Bennet Approves Plans for “Sovereignty Road” In Move Toward Construction of E-1, Annexation of Ma’aleh Adumim Settlement Bloc

On March 9th, Israeli Defense Minister Naftali Bennet approved a plan for the construction of a controversial road designed to facilitate Israeli annexation of a huge area of West Bank territory located between Jerusalem and Jericho. The purpose of the road is to enable Palestinians to travel between the northern and southern West Bank through what would be the new massive Israel settlement bloc just east of Jerusalem, while preventing them from entering Israel’s (expanded) territory. The road represents a key element in Israel’s broader plan to annex the settlement of Ma’aleh Adumim, the planned settlement of E-1 settlement, and surrounding territory. 

For decades, construction of the E-1 settlement – which is now actively advancing through the planning process – has been adamantly opposed by the international community. A key criticism of that plan is that it would effectively cut the West Bank in half – preventing any two-state solution. The new road has long been Israel’s answer to that criticism, with Israel arguing that it will replace territorial contiguity with limited “transportational continuity” – via a sealed road that is under Israel’s total control. With Minister Bennett’s support and green light, the plan for that road can now be submitted to the Israel Defense Ministry’s High Planning Council for consideration.

If built, a section of the Palestinian-only road is projected to run under the separation barrier (which is not currently built in this area). The rest of the road will run relatively adjacent to the route of the future seperation barrier, in order to prevent Palestinian traffic from coming “near Jewish communities,” in the words of Defense Minister Bennet. This new section of road connects to the infamous “apartheid road” (aka, the Eastern Ring Road) which was opened for Paelstinian traffic in January 2019, and has a high wall dividing Israeli and Palestinian traffic.

In a statement announcing his plan, Bennet gave lip service to the idea that the plan will benefit Palestinians (even as it further cuts them off from Jerusalem, takes more land, and cuts the West Bank in half) while also making clear his real objective:

“[the road] will improve the quality of life for residents in the area, avoid unnecessary friction [for Israelis] with the Palestinian population and most importantly — allow for continued [settlement] construction. We’re applying sovereignty [to the West Bank] in deeds, not in words.”

Peace Now explains the issue with Israel’s design:

“The new road is intended to allow Palestinians to pass under the route of the separation barrier, and to travel ‘inside’ the Adumim Bloc along a wall without entering the ‘Israeli’ side, as in a kind of tunnel. Once the road is paved, Israel can then claim that construction in E1, and the construction of the barrier around the Adumim bloc does not sever the West Bank because the Palestinians have an alternative transport route. This argument is preposterous. A thin line of road connecting separate territorial sections–transportational contiguity–does not meet the needs for territorial viability for the development and livelihoods of Palestinians in the critical Ramallah-Jerusalem-Bethlehem metropolitan area. Without actual territorial contiguity, an independent Palestinian state cannot be established and prosper, and therefore a two-state solution cannot be reached.”

Further, Peace Now said in a statement:

“This is bad news for Israel as it enables annexation toward rendering a two-state solution insoluble. The planned road would allow Israel to cut the West Bank in half, build up E1 and the West Bank barrier, and shut down the possibility of developing a viable Palestinian state.The only roads Israel paved for Palestinians in its 52 years of control over the Territories were designed to allow Israel to build settlements or barriers that block existing Palestinian routes. There is no desire here to improve Palestinian transport, only to expand the settlements.”

Israeli Planning Committee Asks for Changes, More Info on Har Homa & Givat Hamatos Plans 

Ir Amim reports that at a March 8th meeting, the Jerusalem Planning and Building Committee asked for several modifications and required that additional surveys be completed before they approve plans for the construction of the Har Homa and Givat Hamatos settlement plans.

Ir Amim explains:

“There is a big gap between Netanyahu’s far reaching declarations regarding ‘the advancement of thousands of housing units in Har Homa and Givat Hamatos’ and the actual result of the discussions at the committee. It is unclear whether this gap is a result of real planning considerations that have to be resolved or is it a sign that despite Netanyahu’s dramatic announcements the Israeli government nevertheless needs to restrain itself. Ir Amim will try to inquire into the issue.

In any case the advancement of the three plans [2 relating to Har Homa, 1 relating to Givat Hamatos] in one of the most sensitive areas of East Jerusalem after years during which the Israeli government refrained from advancing them is a cause for great concern. If constructed, these new settlements will essentially connect the existing Gilo and Har Homa neighborhoods/settlements and create a contiguous Israeli built-up area along the southern perimeter of East Jerusalem. This will serve to detach Bethlehem and the south of the West Bank from East Jerusalem while isolating the Palestinian neighborhood of Beit Safafa. Constituting a long term strategy of Israeli governments, construction of large settlements is employed as a means to fracture the Palestinian space and unilaterally determine the boundaries of Jerusalem to prevent the future establishment of a Palestinian capital in the city.

The fact that the discussion of all three plans ended without a decision to advance any of them is not the norm. But in a few months, the surveys and modifications requested by the committee may be completed and the plans will be discussed again and this time be advanced.

It is important to remember that the Israel Land Authority has also published (on February 24th)  a tender for 1,077 housing units in Givat Hamatos A (on the area of TPS 14295). The tender has not yet opened for bidding and this is currently scheduled to happen on May 3rd. This tender is not contingent upon developments of the Givat Hamatos masterplan described above and can open for bids regardless of whether or not the plan is approved. If the tender does open for bids in May leading to future construction this will be a most negative development with a new settlement in one of the most sensitive places in East Jerusalem.”

Palestinian Minor Killed by IDF During Clash Over Settlers Entering Palestinian Land Near Nablus

A 15-year old Palestinian boy was shot and killed by Israeli military forces on March 11th. The forces were deployed to protect a group of Israeli settlers from the nearby Itamar settlement who had entered Palestinian land to “tour” an area which is believed to be the site of an ancient fortress. The site – “Jabal al-Orma” in Arabic and “Tel Aroma” in Hebrew –  is located in Area B of the West Bank, which under the Oslo Accords is under Palestinian civil control and Israeli security control. 

Two months ago, the Palestinian Municipality responsible for the area designated the site as a tourist destination and began building infrastructure to enhance it. Settler groups accused Palestinians of “taking over” the fortress  (reminder: it is located in Area B) and destroying it. The settler “tour group” that instigated the clash had, in fact, established a temporary encampment at the site a day earlier. The next day, 300 Palestinians arrived at the site to protest. The IDF arrived and reportedly began firing tear gas at the protestors. The ensuing clash resulted in the death of the one Palestinian minor, injuries to 16 other Palestinians (2 serious), and a head injury to one of the settlers.

In a joint report on Israel’s use of archeology as a means for dispossession and pretext for annexation, the NGO’s Emek Shaveh and Yesh Din write:

“In addition to the takeover of archaeological sites by official entities via ostensibly legal means, there is also a phenomenon of invasion and illegal takeover of historic sites by settlers. As part of the overall negligence on the part of the Israeli enforcement authorities with regards to the dispossession of Palestinians of their land by Israeli civilians, there is also a clear failure on the part of the authorities to remove invaders, enforce the law and protect Palestinian rights in cases where historic sites have been invaded or taken over. The enforcement failures in these cases endanger the antiquities, because unqualified persons perform work on these sites without plans and building permits and without supervision.”

2019 U.S. State Department Human Rights Report Further Erases Occupation, Denies Palestinian Identity, Affirms Golan Annexation

The U.S. State Department recently published its “2019 Country Reports on Human Rights Practices: Israel, West Bank, and Gaza.” 

Building on the significant changes to the structure, tone, and coverage of the 2018 report (text) — which removed the word “occupation” entirely from the report — the 2019 report also:

• Normalizes Israeli control over the Area C of the West Bank, adding new language which reads:

“The government of Israel maintained a West Bank security presence through the Israeli Defense Force (IDF), the Israeli Security Agency, the Israeli National Police, and the Border Guard. Israel maintained effective civilian control of its security forces throughout the West Bank and Gaza. West Bank Palestinian population centers mostly fall into Area A, as defined by the Oslo-era agreements. The PA has formal responsibility for security in Area A, but Israeli security forces (ISF) regularly conducted security operations there, at times without coordinating with the PASF. The PA and Israel maintain joint security control of Area B in the West Bank. Israel retains full security control of Area C and has designated the majority of Area C land as either closed military zones or settlement zoning areas.”

• Ceases to refer to Jerusalem’s Palestinian population as “Palestinians” – instead referring to them as “Arab residents.” This change is consistent with the Trump Administration’s ongoing efforts to de-nationalize the Palestinians people and its attempts to undermine their national claim to Jerusalem.
• Re-affirms the legitimacy of  Israel’s annexation of the Golan Heights (which the U.S. officially recognized in March 2019). Whereas the 2018 report included a section entitled, “Israel and the Golan Heights” (alongside a separate section entitled, “West Bank and Gaza”), the 2019 report no longer differentiates between Israel and the Golan Heights at all (as in, the two sections are now entitled, “Israel” and “West Bank and Gaza”).

Reports: U.S. Will OK Annexation “Within Months” Unless Palestinians Negotiate on Basis of Trump Plan (i.e.,  Palestinians Either Agree to Annexation, or They Get Annexation Anyway)

On March 5th, an Israeli news program quoted a senior White House official suggesting that the United States is prepared to approve Israel’s unilateral annexation of 30% of the West Bank “within months” if the Palestinians do not agree to participate in U.S.-led negotiations over the details of the Trump Plan.

The day before, Senior White House Advisor and Trump Plan architect Jared Kushner reportedly told U.S. Senators during a closed-door briefing that the work of the joint Israeli-American committee mapping will take “several more months,” which would appear to align with the comments and timeline laid out by the anonymous White House source. The source further said:

“Nobody can say we didn’t give the Palestinians an opportunity to return to the negotiating table. If they want to come back and talk we are ready for that and we believe we could improve the plan for them. But if they don’t, we will continue moving ahead without them.”

Kushner’s closed-door briefing members for Congress included a powerpoint presentation, slides of which were subsequently leaked. Notably, Kushner’s presentation appeared to argue that the continual expansion of Israeli settlements is one of two factors that has made peace impossible to obtain to this point (the other being the increasing amount international aid to the Palestinian people). 

FMEP President Lara Friedman has a fun Twitter thread commenting on the double-speak in the slides.

Bonus Reads

1. “Israeli AG’s objection to ICC jurisdiction in Palestine divorced from reality” (B’Tselem)
2. “Another push to make Qalandia Airport a Jewish settlement” (Al-Monitor) 
3. “‘You Want to Kill Me?’ Totally, He Said. ‘Leftists Are Worse Than the Arabs’: Election Day at a Settlement” (Haaretz)
4. “Palestinian villagers ask why company exploiting West Bank quarry isn’t it on UN list” (Middle East Eye)
5. “Hebron settlers hold Purim parade while Palestinians locked down for coronavirus” (+972 Magazine)

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

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

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

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

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

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

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

Ir Amim adds:

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

PLO Executive Committeewoman Hanan Ashrawi said in a statement: 

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

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

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

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

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

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

Ir Amim writes:

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

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

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

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

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

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

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

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

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

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

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

Peace Now said in a statement:

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

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

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

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

The outposts slated for connection to Israeli municipal services are: 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

U.S. Ambassador David Friedman said:

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

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

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

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

Bonus Reads + Resources

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

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

Questions/comments? Contact Kristin McCarthy (kmccarthy@fmep.org).

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Netanyahu Green Lights Construction of Doomsday Settlement Givat Hamatos – & Massive Expansion of Har Homa

On February 20th, Prime Minister Nentanyahu announced that he had lifted the freeze his government had put on building the controversial East Jerusalem settlement of Givat Hamatos and on the significant expansion of the Har Homa settlement (essentially creating a new settlement area called Har Homa West), both of which are located in geopolitically sensitive areas of East Jerusalem. Netanyahu said that he had given his blessing for plans that outline 3,000 units to be built at the Givat HaMatos settlement site (assuming, conservatively, a family size of 5, this means housing for 15,000 settlers) and for 2,200 new units in Har Homa West (i.e., housing for around 11,000 settlers).

Speaking at a vista overlooking the Har Homa settlement, and alongside Jerusalem Mayor Moshe Leon and Israeli Housing Minister Yariv Levin, Netanyahu also announced the government will be building 1,000 new homes for Palestinian residents of Beit Safafa – an East Jerusalem neighborhood which will be completely encircled by Israeli construction if/when the Givat Hamatos and Har Homa West settlement plans are implemented. 

Ir Amim writes:

“If advanced, these new settlements will essentially connect the existing Gilo and Har Homa neighborhoods/settlements and create a contiguous Israeli built-up area along the southern perimeter of East Jerusalem. This will serve to detach Bethlehem and the south of the West Bank from East Jerusalem while isolating the Palestinian neighborhood of Beit Safafa. Constituting a long term strategy of Israeli governments, construction of large settlements is employed as a means to fracture the Palestinian space and unilaterally determine the boundaries of Jerusalem to prevent the future establishment of a Palestinian capital in the city.”

Unlike the Givat Hamatos plans, which were fully approved in 2014 and have since been awaiting the issuance of construction tenders, the plans to expand Har Homa towards Givat Hamatos are in preliminary stages of the planning process. The Jerusalem Planning & Building Committee is scheduled to meet on February 27th and is expected to initiate plans for Har Homa West. Peace Now’s Hagit Ofran points out to The Times of Israel that Netanyahu’s numbers regarding Har Homa were imprecise (the only Givat Hamatos plan slated to be considers outlines 2,610 units, not 3,000; and the project in Beit Safafa is for 805 homes not 1,000).

On the Har Homa plans, when rumors regarding these plans circulated in January 2020, Jerusalem expert Daniel Seidemann – who previously predicted Givat Hamatos will move in relation to Israeli election calendar – weighed in with concerns which remain relevant, saying:

“The construction potential at Har Homa has been exhausted, and it’s not possible to build anything near 2,000 units. So what are they talking about? Something is clearly going on. Three possibilities come to mind, all problematic…Possibility no. 1: the nearby planned doomsday settlement of Givat Hamatos, which is awaiting tenders. Possibility no. 2: Hirbet Mazmoriyya, to the northeast of Har Homa. The lands owned by Palestinians that will have to be expropriated. Not likely. Too complicated and controversial. Possibility no. 3: the area wedged btwn. Mar Elias Monastery, the Hebron Road,  the 300 Checkpoint, dubbed Bethlehem Gate or Har Homa West. The land is ownership is a mixture of Palestinian &Church lands, along with settlement developers.”

Peace Now said in response to this week’s news:

“This is the last point that can allow territorial contiguity between Bethlehem and East Jerusalem — the most significant Palestinian metropolitan area — and if the neighborhood is built, it will not be possible to connect the two cities. Such a policy change cannot be passed in a transitional government without a mandate from the public. This move is therefore but another cynical election exercise by Netanyahu to the detriment of the interests of all Israeli citizens.”

Palestinian Authority President Abbas quickly denounced Netanyahu’s announcement and insinuated it is a politcal stunt, saying in a statement:

“Netanyahu’s attempts to win right-wing Israeli votes on the eve of the Israeli elections at the expense of Palestinian rights will not bring peace and stability to anyone, and will lead to more tension and violence in the region.”

Israel Introduces Plan to Build Atarot Settlement in East Jerusalem, An Apparent Contradiction to the Trump Plan

On February 9th, the Israeli Ministry of Housing officially introduced a plan to build a new settlement on the site of the disused Atarot airport, located at the northern tip of East Jerusalem – an area that the Trump Plan seems to suggest would be the site for a Palestinian tourism zone (under the plan, that zone would be located entirely inside the state of Israel, and therefore subject to the complete control of Israeli authorities).

The Atarot settlements plan, which has existed for years, occasionally popping into the news and then disappearing, calls for up to 9,000 residential units aimed for ultra-Orthodox Jews (assuming, conservatively, an average family size of 6, this means housing form 54,000 people), as well as synagogues, ritual baths (mikvehs), commercial properties, offices and work spaces, a hotel, and a water reservoir. If built, the Atarot settlement will effectively be an Israeli enclave, surrounded by Palestinian East Jerusalem neighborhoods on three sides and Ramallah to its north.

Terrestrial Jerusalem’s Daniel Seidemann explains important context of the plan:

”This plan has been around since 2007. Every few years rears its ugly head, only to disappear for another few years. The obstacles to implementation are almost insurmountable but under Trump & Netanyahu, the unthinkable is commonplace. The plan keeps being ressurrected because it is the darling of the ultra-Orthodox. The land reserves in Jerusalem have been pretty much exhausted, and the haredim are leaving for Beit Shemesh and the settlements of Beitar and Modi’in Illit. They are pushing. There is even talk of a surrealistic plan to build a tunnel under the Qalandia Refugee Camp, linking the planned Atarot settlement with the existing West Bank settlement of Kochav Yaacov.”

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

Though the recently released Trump Plan does not explicitly designate the disused Atarot Airport as the site for a “special tourism zone,” this land is the only remaining undeveloped area in the Atarot. Explaining why the Atarot settlements plan has now resurfaced, despite the fact the has it contradicts the Trump Plan, Daniel Seidemann explains:

“The fact that the planned settlement contradicts the Trump plan’s designation as a Special Tourist Area for Palestinians is no problem at all: both Netanyahu and Trump secretly have silent contempt for the plan, exceeded only by their open contempt for the Palestinians. What is this REALLY all about? Elections. Courting the ultra-Orthodox, there is no rabbit that Netanyahu will not pull out of his sleeve before elections, even if the rabbit turns out to be a dead squirrel.”

The Atarot airport site is an important commodity and, during past negotiations, it was previously promised to the Palestinians for their state’s future international gateway. The Trump Plan borders, and Israels long-held desire to develop the site into a settlement, would deprive a future Palestinian state of the only airport in the West Bank, dismember Palestinian neighborhoods in the northern part of the city, and sever East Jerusalem from a Palestinian state on this northern flank of the city (acting like E-1 on Jerusalem’s northeast flank, and like Givat Hamatos on Jerusalem’s southern flank).

The Atarot settlement plan dates back to 2007; it was pursued by the Israeli government in 2012 but shelved under pressure from the Obama administration. The plan came back into consideration in April 2017 (a few months following the inauguration of President Trump) when it was rumored to be included on Netanyahu’s master blueprint of settlements for which he was seeking U.S. approval. It was expected to be announced in May 2017 on the occasion of the Jerusalem Day celebration, but was not. In December 2019, rumors on the plan once again rumbled, but nothing came of it.

Peace Now said:

“Netanyahu wants to strike another deadly blow to the prospect of a two-state solution. The planned settlement neighborhood drives a wedge in the heart of the Palestinian urban continuity between Ramallah and East Jerusalem, thus preventing the establishment of a viable Palestinian state with capital in East Jerusalem. Netanyahu is dragging Israel into a reality of a bi-national apartheid state and is putting the Zionist enterprise in jeopardy.”

Ir Amim writes:

“It is important to emphasize that construction of this new neighborhood/settlement (also marked in pale green in Greater Jerusalem map below) will create an Israeli residential area between Ramallah and Kufr Aqab and East Jerusalem, driving a wedge between Ramallah and Jerusalem from the north. Such a plan will significantly fragment Palestinian land contiguity necessary for any independent and viable Palestinian state with a capital in East Jerusalem similar to the implications of potential future construction in the E1 area to the east and Givat Hamatos in the south. These measures serve to further seal off East Jerusalem from the West Bank and reinforce Israeli control of these areas, rendering the two-state framework based on two capitals in the heart of Jerusalem nonviable.”

Joint US-Israeli Mapping Committee Unveiled

On February 15th, the White House confirmed that U.S. Ambassador David Friedman will be leading the U.S. delegation appointed to the joint U.S.-Israeli committee formed to precisely map the Trump Plan. From the American side, Friedman will be joined by his longtime advisor Rabbi Aryeh Lightstone (a political appointee) as well as National Security Council advisor Scott Leith (a career military officer). From the Israeli side, Netanyahu has appointed Tourism Minister Yariv Levin, Ronen Peretz (director of the Prime Minister’s Office), and Israeli Ambassador to the U.S. Ron Dermer.

The committee is tasked with lying down exact borders in accordance with the Trump Plan, which would see Israel annexing around 30% of the West Bank, including nearly all of settlements and the entire Jordan Valley. The “conceptual map” published alongside the Trump Plan lacked granular detail, and, conspicuously, large icons covered some of the most delicate and geopolitically important areas when it comes to drawing borders. At the press conference unveiling the plan, Trump stated that once the committee was done with its work the U.S. will immediately recognize Israeli sovereignty based upon the map. 

Last week, Netanyahu suggested that the Israeli government has already started the mapping process, and that the committee’s work will not take “too long.”

Israel Advances Plan for New High Speed Rail Station, Requiring Tunnel Under the Old City’s Historic Basin

On February 17th, Israel’s National Infrastructure Committee approved a highly controversial route for a new segment of Israel’s high speed rail way, which will connect the Ben Gurion International Airport directly to the Western Wall,  inside the Old City of Jerusalem. The new rail line will require the construction of a 1.8 mile-long tunnel leading to the walls of the Old City, extending underneath some of the most sensitive and potentially explosive territory on earth: the Old City’s historic basin. 

Specifically, the tunnel would run beneath the East Jerusalem neighborhood of Silwan – above which Israel is simultaneously advancing plans to build a new cable car line. Both projects, according to the archeological experts at Emek Shaveh, will negatively impact Palestinian inhabitants of the area, infringing on their rights and quality of life.. In addition to damaging Palestinian property and safety, the tunnel project is opposed by archeologists because it will disrupt archeological layers in what is one of the most historically and archeologically rich areas on earth. The plan also poses a pollution threat to a nearby historic spring.

Emek Shaveh writes:

“the NIC yesterday approved the route, likely due to political pressures on behalf of the Ministry of Transportation and settler organizations who view the train as another means of directly connecting settlements and tourist sites in East Jerusalem with West Jerusalem. The train’s route includes a strip that runs underneath dozens of Palestinian homes in the neighborhood of Wadi Hilweh in Silwan, parallel to the southern wall of the Old City. These are the same residents over whom the cable car is scheduled to be built. Even though both these projects will not be situated on the residential level, it is clear that the ventilation, above-ground infrastructure, and more, will be constructed adjacent to, or even on, Palestinian residents’ territory….Following the approval of the cable car plan to the Western Wall, the National Infrastructure Committee approved the advancement of the train’s route, which will further destroy the Western Wall area. It appears that government ministers are competing to see who will advance the most destructive transportation plan for Jerusalem’s Old City, which will ultimately serve the interests of a handful of settlers, to the detriment of hundreds of residents. The Israel Antiquities Authority, in its professional capacity, ought to prevent harmful development that will result in destruction of Jerusalem’s antiquities.”

The Kingdom of Jordan, which holds a special role as caretaker of Muslim sites in the Old City, quickly and strongly spoke out against the plan. A spokesman for the Foreign Ministry called the plan a “flagrant violation of international law” and urged the international community to “assume its responsibilities to resist the illegitimate and illegal Israeli steps”.

The Israeli plan to extend the Tel Aviv-Jerusalem high-speed line to the Western Wall has been in the works since 2017. Introduced by Transportation Minister Israel Katz, the plan intends to name the station underneath the Old City after U.S. President Donald Trump.

Amazon Offers Free Shipping to Israeli Settlements, Not Palestinians

A report by Financial Times revealed the curious fact that Amazon, the online shopping and shipping giant, offers free shipping on orders over $49  to customers in the West Bank – so long as customers indicate that their addresses are in Israel. What this means in practice is that Amazon free shipping is available for settlers only. 

In a statement to Middle East Eye, an Amazon spokesman cited logistical challenges in delivering to Palestinian areas due to Israeli-imposed inspections, saying: 

“In November, we launched a free shipping promotion for customers within Israel. This does not include the Palestinian Territories, as we cannot guarantee the high standard of delivery experience that Amazon customers expect.”

Peace Now told Financial Times that Amazon’s policy “adds to the overall picture of one group of people enjoying the privileges of citizenship while another people living in the same territory do not”.

Diana Buttu told Financial Times that Amazon’s policy is “allowing the settlement activity to be viewed as legal when [it’s] not. The issue is just how normalized the settlements have become, not just in Israeli eyes, but in international eyes. And that’s the problem, it’s that unless you begin to treat them as illegal, then it becomes so natural for them to become normalised.”

Michael Sfard told Financil Times that Amazon’s policy is “blatant discrimination between potential customers on the basis of their nationality.” 

Six EU Countries Argue that  ICC Jurisdiction Does Not Have Jurisdiction Over Israeli Settlements, Others Push EU Recognition of Palestine

Australia, Austria, Brazil, Czech Republic, Germany and Hungary have appealed to the International Criminal Court to join their investigation into Israeli practices, in order to present their argument that the Court does not have jurisdiction over Israeli settlement activities in the West Bank (perhaps related to their own hesitancy to grant the ICC universal jurisdiction over their own affairs). While Israel – which also denies the Court’s jurisdiction over its actions – is not likely to participate in the Court’s proceedings, these European countries echo Israel’s main arguments against the case. In addition to state filings, several non-governmental organizations also filed to join the case as amicus curiae (“friend of the court”) on the side of Israel.

Haaretz reports that perhaps the most consequential filing on the case came from the court’s own Office of Public Counsel for the Defense (akin to a public defender’s office for the ICC). Haaretz reports that:

“[the Office of Public Counsel for the Defense] believes that the jurisdiction issue should be deferred until a specific case is brought before the court. Rather, that question should be discussed in concert with the charges. Why? In order to protect the rights of future defendants to raise the issues during their trials. That, because the ICC prosecutes individuals, not states. Experts in international law say that could also turn out to be the surprising position of the judges, who would pass the hot potato to the prosecutor. In that event, no friend would be able to block an investigation. That, because the ICC prosecutes individuals, not states. Experts in international law say that could also turn out to be the surprising position of the judges, who would pass the hot potato to the prosecutor. In that event, no friend would be able to block an investigation.”

At the same time, a different set of European countries, led by Luxembourg, are reportedly considering offering a motion at the upcoming meeting of European Union foreign ministers to extend EU recognition to the state of Palestine. Haaretz reports that Luxembourg Foreign Minister Jean Asselborn is in discussions with the foreign ministers of Ireland, France, Belgium, Spain, Portugal, Finland, Sweden, Malta and Slovenia.

Bonus Reads

1. “Congressmen to Samaria Council Head: We’ll fight UN blacklist.” (Arutz Sheva)
2. “More hospitals and cheaper houses: Netanyahu, Barkat unveil new financial plan” (Ynet)
3. “Settlement winery unveils ‘Pompeo’ wine in show of appreciation” (The Times of Israel)

 

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

To subscribe to this report, please click here.

January 10, 2020

1. ICC Opens Formal Investigation into Israeli War Crimes, Including Israeli Settlements
2. Israel to ICC: You Do Not Have Jurisdiction & You Will Not Stop Us from Advancing Settlements and Annexation
3. Following ICC Announcement, Israel Advances Plans for Nearly 2,000 Settlement Units
4. Following ICC Announcement, Israel Begins Planning Jordan Valley Annexation
5. Plans Advance in East Jerusalem, Part 1: New Settlement Enclave in Palestinian Neighborhood
6. Plans Advance in East Jerusalem, Part 2: Reports on Har Homa & Rumors on Givat Hamatos
7. Plan Advance in East Jerusalem, Part 3: Israel Approves Plans for Two More Settler-Run Tourist Sites in East Jerusalem
8. Plans Advance in East Jerusalem, Part 4:  Tenders for Pisgat Zeev and Gilo
9. For Second Time, Israeli Court Rules Against Settler Claim to Bakri House in Hebron
10. Peace Now Wins Interim Decision Against Secretive Public Funding to Amana
11. Israeli Court Dismisses Palestinian Landowners’ Petition Against the Ofra Settlement
12. Bennett Launches Initiative to More Aggressively Police Palestinians in Area C
13. Bennett Appoints Key Settler Ally to Lead New Government Task Force on Area C Annexation Plans, Immediately Announces Plan to Legalize Settlements
14. Following ICC Announcement, Pompeo Says Israel Has “Fundamental Rights” to Land
15. Pro-Settlement Legal Forum Conference Draws Big Names, Big Promises
16. Bonus Reads

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

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ICC Opens Formal Investigation into Israeli War Crimes, Including Israeli Settlements

On December 20, 2019 the Chief Prosecutor of the International Criminal Court (ICC) Fatou Bensouda announced that the court has found a reasonable basis upon which to open an investigation into Israeli war crimes against Palestinians in the West Bank, East Jerusalem, and Gaza. Bensouda said that the preliminary investigation, launched five years ago, established sufficient evidence of war crimes, citing Israeli settlements and Israel’s conduct during its 2014 incursion into the Gaza Strip, which Israel gave the title “Operation Protective Edge”. The statement said that the Court found evidence that Hamas and armed Palestinian groups also committed war crimes during the 50 days of hostilities in 2014.

Before proceeding with a formal investigation, Bensouda requested a pre-trial chamber to rule on the Court’s territorial jurisdiction, as outlined in the Rome Statute, over the West Bank, East Jerusalem, and Gaza Strip. Bensouda requested a ruling on the matter within 120 days. Bensouda has previously articulated her opinion on the matter, suggesting that questions regarding Palestinian statehood do not necessarily need to be resolved because Palestine acceded to the Rome Statute and formally became a “State Party” to the court. 

Israel to ICC: You Do Not Have Jurisdiction & You Will Not Stop Us from Advancing Settlements and Annexation

Prior to Bensouda’s announcement on December 20th that the ICC will proceed with an investigation into Israeli war crimes in the West Bank, East Jerusalem, and Gaza, Israeli Attorney General Avichai Mandleblit published a 34-page legal opinion arguing that the Court does not have jurisdiction over those territories because Palestine does not meet the criteria for statehood, and non-sovereign entities cannot confer jurisdiction to the Court. Notably, that opinion doesn’t address (let alone dispute or challenge) the assertion that Israeli actions might constitute war crimes.

Going beyond Mandleblit’s legal arguments, Netanyahu launched a disingenuous attack on Bensouda’s criticism of Israeli settlements, saying:

“[Bensouda] says it is a crime, a war crime, for Jews to live in their homeland, the land of the Bible, the land of our forefathers.”

Netanyahu later said:

“This will not deter us — not in the slightest”

Netanyahu is riding a wave of defiant, ultra-confident language following his Dec. 27th victory in the Likud primaries, after which he promised to secure U.S. recognition for Israeli sovereignty over the Jordan Valley and all settlements in the West Bank. In his victory speech, Netanyahu laid out a 6-point plan he will implement if he goes on to win the March 2020 elections:

“First, we will finalize our borders; second, we will push the US to recognize our sovereignty in the Jordan Valley and the northern Dead Sea; third, we will push for US recognition of our extension of sovereignty over all the communities in Judea and Samaria, all of them without exception; fourth, we will push for a historic defense alliance with the US that will preserve Israeli freedom of action; fifth, stop Iran and its allies decisively; and sixth, push for normalization and agreements that will lead to peace accords with Arab countries. The opportunities are within reach.”

Demonstrating that Netanyahu means what he says, shortly following the ICC’s announcement his government advanced plans for nearly 2,000 settlement units and launched the planning process for annexing the Jordan Valley. Both of these items – in addition to several other significant settlement advancements which were not explicitly linked to the ICC’s announcement – are covered in detail below.

Following ICC Announcement, Israel Advances Plans for Nearly 2,000 Settlement Units 

Over the course of a two-day meeting Jan 5-6, 2020, the Israeli Civil Administration’s High Planning Committee approved plans for 1,936 settlement units, of which 786 units received final approval for construction. The Israeli Civil Administration is the body of the Defense Ministry which regulates all construction in the West Bank, both Palestinian and Israeli settler.

 The Civil Administration granted final approval to the following plans:

• A plan for 258 units in the unauthorized Haresha outpost, located east of Ramallah, to take them to the final stage of the approval process. If granted final approval, the plan will have the effect of retroactively legalizing the Haresha outpost. This outpost has been one of several test cases for the Israel government’s evolving legal justifications for granting retroactive approval to unauthorized outposts built on privately owned Palestinian land. In the case of Haresha, an outpost built on an island of “state land” surrounded by privately owned Palestinian land, then-Israeli Justice Minister Ayelet Shaked issued a new legal opinion in December 2018 outlining a legal basis for temporarily seizing the private Palestinian land for the construction of a tunnel road underneath it (essentially holding that Palestinian land rights – which can be temporarily infringed upon at any time for the sake of the settlements – do not extend below the ground’s surface). The tunnel road has not yet been constructed, an important qualification that Israel, to this point, has generally required outposts to meet prior to legalization. 
• 147 units in the Mitzpe Yericho settlement, located just west of the Palestinian city of Jericho in the Jordan Valley. The plan will have the effect of retroactively legalizing existing illegal construction in the settlement.
• 120 units in the Karnei Shomron settlement, located in the northern West Bank east of the Palestinian village of Qalqilya. Israel is planning to continue expanding Karnei Shomron with the stated goal of bringing 1 million settlers to live in the area surrounding the settlement.
• 107 units in the Elon Moreh settlement, located east of Nablus.
• 100 units in the Halamish settlement, (where settlers have built a strategic outpost, with the protection of the IDF, in order to further restrict Palestinian access to the area);
• 25 units in the Peduel settlement, located in the northern West Bank and part of a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line into the very heart of the West Bank and on towards the Jordan Valley.
• 12 units in the Ariel settlement, located in the central West Bank.
• 10 units in the Etz Efraim settlement, located in the northern West Bank, one of several settlements slated to become a “super settlement” area.
• 7 units in the Rechelim settlement, located east of the Ariel settlement and south of Nablus, in the heart of the West Bank.

The Civil Administration advanced the following plans:

• 224 units in the Talmon settlement, located west of Ramallah.
• 204 units in the Shilo settlement, located in the central West Bank.
• A plan for 180 units in the unauthorized Mitzpe Danny outpost, located east of Ramallah. If approved, the plan will have the effect of retroactively legalizing the outpost, which was built without Israeli permission in 1999 in an area that includes privately owned Palestinian land. The Binyamin Regional Council – a settler body acting as the municipal government for settlements in the central West Bank – has been angling to retroactively legalize Mitzpe Danny for some time. As part of that effort, the regional council successfully lobbied for approval of a plan to build an educational campus for settlers that will create a territorial link between the Maale Mikhmash settlement (which has official recognition from the government) and the outpost. That plan received final approval in January 2019.
• 160 units in the Kochav Yaakov settlement, located between Jerusalem and Ramallah.
• 92 units in the Tzofim settlement, one of the settlements that flank the Palestinian city of Qalqilya in the northern West Bank.
• 91 units in the Almon settlement, located northeast of Jerusalem.
• 136 units in the Givat Zeev settlement, located south of Ramallah.
• 63 units in the Maale Adumim settlement, located just east of Jerusalem.
• A plan for 204 new units in the Shvut Rachel settlement, which only recently became an authorized settlement area when Israel extended the jurisdiction of the Shiloh settlement to include it as a “neighborhood” (along with three other outposts). 

Peace Now said in a statement: 

“Despite lacking a clear mandate, for this caretaker government it’s business as usual – Continue the massive promotion of harmful and unnecessary construction in occupied territory and in places that Israel will have to evacuate. Netanyahu continues to sabotage the prospects of peace, dragging Israel into an anti-democratic one-state reality resembling apartheid.”

The Yesha Council, an umbrella group representing all the settlements, celebrated the approvals, saying in a statement:

“To our delight, construction in Judea, Samaria and the Jordan Valley is commonplace and we are pleased to see that every few months plans are up in the Supreme Planning Council. The time has come for extremist Leftist organizations to accept that the U.S. has also declared that settling in Judea, Samaria, and the Jordan Valley is not contrary to international law and that applying Israeli sovereignty is a consensus in the State of Israel. After eight years of unprecedented construction freeze, the government regularly approves construction and we strengthen the hands of the Prime Minister and Defense Minister on their blessed work. We need more and more construction to promote the prosperity and growth of settlement.”

The head of the Binyamin Regional Council, Yisrael Gantz, spoke happily about the settlement advancements but also kept focused on the settlement movement’s ultimate demand: annexation.  Gantz told Arutz Sheva:

“This is undoubtedly an important and significant step. I hope we will soon be able to applaud the application of full Israeli sovereignty and the closure of the Civil Administration in order to truly develop the regions of our amazing country, in the same way that it is possible in the entire State of Israel.”

Despite the celebratory remarks, settlers were disappointed with the final number of settlement units, which fell short of the 3,000 units Netanyahu promised to advance on the eve of the Likud primary leadership vote (which went in Netanyahu’s favor). When promising the 3,000 units, Netanyahu also promised:

“We are going to bring [secure] US recognition for our sovereignty in the Jordan Valley [and] in all the settlements, those in the blocs and those that are beyond it.”

Following ICC Announcement, Israel Begins Planning Jordan Valley Annexation

On January 5th, the inter-ministerial committee created to plan the annexation of the Jordan Valley held its first meeting, in an effort to prepare an official proposal for how Israel can annex the Jordan Valley. The committee – dubbed the “Sovereignty Committee” – is headed by the Prime Minister’s Office Director General Ronen Peretz and includes representatives from the Foreign Ministry, the Israel Defense Forces, and the National Security Council. 

The meeting took place despite (or perhaps because of) reports that Netanayhu put Jordan Valley annexation plans in a “deep freeze” following ICC Chief Prosecutor Fatou Bensouda’s announcement on Dec. 20th that the Court will open an investigation into war crimes committed by Israel in the West Bank, East Jerusalem, and Gaza. Following those reports, the head of the Yesha Council, the settler umbrella group, David ElHayani spoke to Netanyahu on the phone to gain reassurance that the annexation plan was not frozen, which Netanyahu reportedly gave him. 

Haaretz reports:

“Sources familiar with the establishment of the inter-ministerial committee told Haaretz that the insistence on moving forward with the discussions are mainly to show that the idea has not been abandoned due to international pressure.”

Plans Advance in East Jerusalem, Part 1: New Settlement Enclave in Palestinian Neighborhood

On January 8th the Jerusalem District Planning Committee granted final approval to a new 75-unit settlement compound to be built in the heart of the Palestinian East Jerusalem neighborhood of Beit Hanina. If built, it will be the first-ever authorized settlement project in Beit Hanina, located north of the Old City. 

The Beit Hanina settlement plan – as FMEP has previously reported – is backed and promoted by settlement impresario Aryeh King, and it provides for the construction of a total of 150 new units in the southern end of the Beit Hanina neighborhood. The land slated for the 150 units is privately owned,  53% of the land is owned by an Israeli who is supportive of the plan, and 47% by a Palestinian company who objects to the plan and has fought against it. Because the land has not been surveyed to demarcate the split ownership, Israeli planning authorities decided that the settlement plan is designated for the entire property, with construction rights split evenly between the parties, meaning the 75 units granted final approval on January 8th represent the Israeli-controlled half of the project. 

Ir Amim notes the larger picture of Isreali settlement activity north of the Old City:

“In close proximity to Ramat Shlomo to the southwest and Pisgat Zeev to the northeast, construction of this new compound may signal the beginning of a move to create contiguity between the two settlements, while fracturing the contiguous space between Bet Hanina and Shuafat. As exemplified by the ring of state-sponsored settlement strongholds throughout the Old City Basin, the establishment of a settler enclave in the midst of Beit Hanina will not only impact the fabric of this community, but will further erode opening conditions for a political solution to the conflict based on two capitals in Jerusalem.”

Ir Amim explains essential context:

“the plan will enable an ideologically driven settler outpost in the heart of Beit Hanina, a neighborhood located on the northern perimeter of East Jerusalem that has remained relatively untouched by Israeli settlement within its limits. Since the land in question is not far from Ramat Shlomo to the south-west and Pisgat Zeev to the north-east of it, its construction may mark the beginning of a far sweeping move to create contiguity between the two settlements, while driving a wedge between Bet Hanina and Shuafat.”

Plans Advance in East Jerusalem, Part 2: Reports on Har Homa & Rumors on Givat Hamatos

On January 7th, the popular Isareli broadcaster network Kan reported that the Prime Minister’s office has blocked a plan to build 2,000 new settlement units in the settlement of Har Homa, citing “diplomatic difficulties.” In response to an inquiry, the office did not deny the report, but issued the following statement:

“Israel has built in Jerusalem, is building in Jerusalem and will continue building in Jerusalem — while exercising judgment.”

Jerusalem expert Daniel Seidemann raised a key question and larger concerns about the reports concerning Har Homa, saying:

“The construction potential at Har Homa has been exhausted, and it’s not possible to build anything near 2,000 units. So what are they talking about? Something is clearly going on. Three possibilities come to mind, all problematic…Possibility no. 1: the nearby planned doomsday settlement of Givat Hamatos, which is awaiting tenders. Possibility no. 2: Hirbet Mazmoriyya, to the northeast of Har Homa. The lands owned by Palestinians that will have to be expropriated. Not likely. Too complicated and controversial. Possibility no. 3: the area wedged betw. Mar Elias Monastery, the Hebron Road,  the 300 Checkpoint, dubbed Bethlehem Gate or Har Homa West. The land is ownership is a mixture of Palestinian &Church lands, along with settlement developers.”

Ir Amim notes that, while reportedly stalling the Har Homa plan, Netanyahu is – in fact – simultaneously facing mounting pressure to issue tenders for the construction of the Givat Hamatos settlement, the site for which is the northern border of Har Homa. Ir Amim writes:

“Last week, rightwing groups launched a coordinated campaign to exert pressure on Prime Minister Netanyahu to advance construction in the area of Givat Hamatos, which has been essentially frozen for the past six years. While the approval of the plan for 2,610 housing units in the area was formally published in 2014, there has been no announcement of tenders since then. This has been largely attributed to international opposition, namely from the United States and Germany. Likely attempting to ratchet up pressure on Netanyahu in lead-up to the upcoming elections in March, the campaign has been spearheaded on a public level by rightwing organizations. Several prominent rabbis known for supporting the settler movement penned a letter to the Prime Minister calling on him to announce the tenders for Givat Hamatos, while rightwing media outlets have published daily articles demanding an ‘end to the freeze.’ A rightwing institute likewise published a lengthy paper on the significance of establishing a new settlement in the area as a means of thwarting any potential future division of Jerusalem within the framework of a resumed peace process.”

Plan Advance in East Jerusalem, Part 3: Israel Approves Plans for Two More Settler-Run Tourist Sites in East Jerusalem 

On December 25, 2019 the Jerusalem Local Planning approved two significant settler-backed schemes in East Jerusalem:

1. The committee approved the Israeli government’s plan to seize land in the Palestinian East Jerusalem neighborhood of Sheikh Jarrah, in order to establish a park adjacent to the infamous Shepherd Hotel, an historic/iconic building that was taken over by the radical Ateret Chohanim settler organization in 2011. The new park – called “Hakidron Park” has been discussed and considered by Israeli governments for the past 15 years.
2. The committee also approved the Israeli government’s plan to confiscate land in the Ras al-Amud neighborhood of East Jerusalem, for the purpose of opening a tourist and religious services center on the Mount of Olives, adjacent to the Jewish cemetery. The Jerusalem Municipality hired an architect, Arie Rahamivov, who is also employed by the radical Elad settler group for the planning and construction of their crown jewel: the Kedem Center in Silwan. The new center in Ras al Amud will be yet another tourist center under the management of Elad, which already operates another visitors center on the Mount of Olives.

Ir Amim writes:

“Approval of the aforementioned land expropriations would signal intent to begin construction at both sites and will help to further solidify the settlement ring around the Old City Basin. While both plans can be posited as innocuous municipal initiatives to serve local residents and visitors to the areas, such touristic projects play an integral role in expanding the scope of settlement strongholds in the area and creating a more contiguous Israeli space, while diffusing the political agenda behind these efforts.”

Plans Advance in East Jerusalem, Part 4:  Tenders for Pisgat Zeev and Gilo

Ir Amim reports that the Israel Lands Authority published construction tenders for the following East Jerusalem settlements in early January:

• 3 tenders for a total of 461 new settlement units in the Pisgat Zeev
• 1 tender for commercial buildings in the Gilo settlement, located 

For Second Time, Israeli Court Rules Against Settler Claim to Bakri House in Hebron

On December 23rd, the Jerusalem District Court ruled that the Palestinian Bakri family are the rightful owners of a disputed property in Hebron. This ruling should deal a final blow to the 18-year long legal battle settlers have waged to gain control of the Bakri family house (“should”, not “will”, because the settlers have repeated been dealt defeats in court and each time are able to manufacture a new claim or appeal) .

The ruling – which affirmed a March 2019 ruling by the Magistrate court, which the settlers had appealed – called for the immediate evacuation of the settlers whom Israel has permitted to illegally squat in the house while the legal processes were ongoing. For a full history of the Bakri house saga, see here.

Following the ruling, Peace Now said:

“[the] court again ruled that the settlers had forged [documents] and lied all along… We hope that after [almost] two decades of violence, lies and terror, justice will be carried out and the invaders will be evicted.”

Peace Now Wins Interim Decision Against Secretive Public Funding to Amana 

In response to a Peace Now petition, on December 31st the Israeli High Court issued an interim decision that requires state bodies to request approval from the court before transferring funds to Amana, a settlement body which is known to undertake illegal settlement activities across the West Bank. Peace Now filed the petition after discovering that state bodies have been secretly funneling money to Amana. 

Peace Now said in a statement: 

“Amana is the most significant organization operating in the settlements. For decades, it has overseen the establishment of dozens of illegal outposts and neighborhoods with the help of massive budgets, some of which have been transferred from Israeli taxpayer money through local settlement authorities in violation of the law. The judges’ decision is a dramatic yet necessary step that limits, for the time being, this illicit transfer of funds to illegal projects in the settlements and outposts. We hope that in this spirit, the court will rule that public funds should no longer be transferred to Amana via subsidy procedures. This situation in which the State of Israel backs illegal activities with public funds is unconscionable, and we urge the Israeli government to put an end to it.”

Israeli Court Dismisses Palestinian Landowners’ Petition Against the Ofra Settlement

On January 6th, the Israeli High Court of Justice dismissed a petition filed by Palestinian landowners challenging the legality of the Ofra settlement. The petition was based on the fact that the settlement is partially built on privately owned Palestinian land. The court ruled that the majority of the settlement had been built on land expropriated by Israel, and that the minority of land that Palestinians claim ownership over was not enough to invalidate the entire Master Plan for the settlement. Further, the court stated that the settlement structures built on the privately owned Palestinian land were built by settlers “in good faith,” under the mistaken belief that land had also been expropriated by the Israeli government. 

This High Court ruling does not fix the legal status of Ofra settlement buildings, but it is nonetheless significant because it continues to deny Palestinians their property rights. Likewise, it gives a green light to  the use of the “market regulation” principle to expropriate land in order to retroactively legalize the structures. As a reminder, the “market regulation” principle – which was invented by the Israeli Attorney General – holds that if settlers acted “in good faith” when they built on privately owned Palestinian land, the state can expropriate that land, thereby making what was illegal before, now perfectly legal.

The Ofra settlement’s legal situation has long been an issue that the Israeli government has tried to fix.  Ofra was first established by settlers on land that the Jordanian government had expropriated in 1966, in order to build a military base (which was never built). The Israeli government used this pretext to expropriate the land in 1977, in order to recognize the Ofra settlement, which had been established illegally but with tacit cooperation of the government on the site two years earlier. However, the settlers built the majority of the Ofra settlement on land that was not expropriated by Israel in 1977 —  land that was in fact registered to Palestinians from the nearby village of Ein Yabroud. In light of the legal status of the land, no Israeli government has since found a way to fix the legal status of these homes (not for lack of trying) – meaning that the majority of the structures in Ofra were built without permits, making them illegal under Israeli law. 

Peace Now elaborates on what is at stake in the Ofra settlement case:

“Most of the houses built in Ofra (approximately 413 out of 625) were built on an area of ​​550 dunams of privately owned Palestinian land. In addition, hundreds of dunams of Palestinian private land were seized for roads in Ofra, as well as infrastructure and agricultural lands for the settlers. The only way to regulate the theft of these lands would be to expropriate them from the Palestinian landowners for the benefit of the settlers, in complete contradiction to the positions of previous Israeli governments and legal advisors, and contrary to binding rulings of the High Court. Although the current legal advisor (Avichai Mandelblit) allowed land expropriation in some places for settlement purposes (for example, in Haresha), in the regulation of massive land theft such as in Ofra the Israeli government would be crossing a new red line.”

FMEP documents the government’s efforts to expropriate Palestinian land for the settlements in its Annexation Policy Tables.

Bennett Launches Initiative to More Aggressively Demolish Palestinian Construction in Area C

Making the most of his appointment as Israeli Defense Minister in the current caretaker government, Naftali Bennett is pushing an initiative to annex Area C and to aggressively demolish Palestinian construction in the area (reminder: Area C constitutes nearly 60% of the West Bank; it is land that under Oslo II was supposed to have been “gradually transferred to Palestinian jurisdiction”).

As part of his efforts, Bennett has launched legal research into how Israeli can bring settlement building in Area C under the direct authority of the Justice Ministry, cutting out the Civil Administration. This Civil Administration, it should be recalled, is the arm of the Israeli Defense Ministry which acts as the sovereign power over the West Bank, in a system of governance Israel created based on its recognition of the different legal status of the area.  Bennett has called for that system to be disbanded (in addition to annexing Area C). To be clear: transferring the construction and planning processes in Area C to domestic Israeli jurisdiction would by any definition constitute the Israeli state extending its sovereignty over area — an act of annexation.

Bennett has requested that Defense Ministry officials present several legal options for how Israel can bring planning processes under the Justice Ministry (integrating the settlements into the normal planning process). The settler-run Arutz Sheva outlet attributes the following quote Bennett in a private meeting:

“We are in essence discussing applying procedural sovereignty only. Full sovereignty is under the authority of the political echelon, but this is a step in the right direction. There is no reason that residents of Judea and Samaria should continue being discriminated against. We must stop this. Residents of Beit El and Ariel are no less Zionist than residents of Kfar Saba and Tel Aviv. They pay taxes and serve in the army, and they need to receive the same services from the government.”

Bennett is also advancing several initiatives that will empower and compel the Civil Administration to more aggressively enforce demolition orders against Palestinian construction in Area C (based on Israel’s policy of not granting permits to Palestinians in Area C, nearly every Palestinian structure in this territory has a demolition order pending against it). Bennett is also eyeing ways to combat what he considers illegitimate and nefarious funding from the European Union to Palestinian communities living in Area C. Israel Hayom reports:

“Bennett’s plan to stop the Palestinians from chipping away at Area C demands action in four areas: Operational, economic, legal, and PR. He wants to change enforcement priorities to put an emphasis on eradicating illegal buildings in strategic locations rather than by numbers. For example, home demolitions would be carried out in accordance with Israeli interests, prioritizing illegal buildings next to roads or settlements. Bennett also instructed the Central Command and the Civil Administration to work more closely to implement his plan and asked that the Civil Administration report to him monthly to update him on progress. Meanwhile, the defense minister is weighing the possibility of allocating more resources to the Civil Administration for enforcement, which would entail hiring more personnel. Bennett also wants to take steps to stop the flow of European money that funds the illegal Palestinian construction in the first place, allowing the “Fayyad Plan” to flourish.”

Bennett Appoints Key Settler Ally to Lead New Government Task Force on Area C Annexation Plans, Immediately Announces Plan to Legalize Settlements

In addition to his new initiative targeting Palestinian construction in Area C, Israeli Defense Minister Naftali Bennett announced that he has created an inter-ministerial taskforce to develop settlement and annexation plans for the future of Area C in the West Bank.

Bennett’s chief of staff, Itay Hershkowitz, has been in weeks-long consultations with key settler leaders to decide what items to act on immediately. Haaretz reports their agenda includes:

1. Allowing Jews to privately purchase land in the West Bank. [See here for a detailed explanation of this complicated matter]
2. Connecting unauthorized outposts to water and electricity.
3. Granting official recognition to unauthorized outposts that are located near established settlements by recognizing them as “neighborhoods” of the settlement. 
4. Repealing a military order that empowers the Civil Administration to evict settlers from privately owned Palestinian land with or without a Palestinian-initiated petition to have the settlers removed.
5. Legalizing 30 sheep farms in the West Bank that are under pending demolition orders. 

On Thursday, Bennett announced that he has appointed West Bank settler Koby Eliraz to lead the new taskforce. Calling Eliraz a “bulldozer,”Bennett said:

“The territorial future of the Land of Israel is at stake. The State of Israel has simply not been up to the task of stopping [Palestinian construction]. We are changing direction and embarking on a battle that Israel must win… The defense establishment will fight for this territory, and it is essential for someone to lead this campaign.”

Eliraz previously served as Netanyahu’s settlement advisor, but was fired by the Prime Minister in June 2019 reportedly because he was believed to be allied too closely to Netanyahu rival Avigdor Liberman, who Netanyahu also dismissed. At the time of Eliraz’s firing, settler leaders were outraged and published a letter asking Netanyahu to reverse Eliraz’s firing, suggesting that Eliraz’s absence will hinder government efforts to retroactively legalize outposts. The letter noted:

“Kobi has taken care of Israeli settlement and its residents with great professionalism. He is credited for many advancements [on our behalf] in the fields of construction, infrastructure development, security and more.”

The Times of Israel observed, significantly, that the Yesha Council was able to get every single settlement Mayor to sign the letter in support of Eliraz, explaining:

“The Yesha Council in recent years has struggled to get all of its members on board with its initiative, but the umbrella group’s ability to gather the signatures of every Israeli mayor beyond the Green Line is testament to the broad respect that Eliraz holds among settler leader.”

Following ICC Announcement, Pompeo Says Israel Has “Fundamental Rights” to Land

At a press briefing on December 22nd, U.S. Secretary of State Mike Pompeo did not specifically address the ICC announcement, but made lengthy comments regarding statements from European countries and the European Union that were critical of the new U.S. position on settlements (that they are not “per se illegal” under international law). Pompeo’s comments hold relevance to the U.S. position on the ICC case and more generally on the U.S. approach to the Israeli-Palestinian conflict:

“First, the legal analysis that the EU performed [on settlements] we just think is wrong. We think they have an improper analysis of the international law surrounding this. So as the technical legal matter, [EU Foreign Minister] Ms. Mogherini just – she’s just wrong. And so we are doing our level best to demonstrate to them our legal theory, our understandings, and why it is that we’re convinced that under international law these settlements are not per se illegal. So we’re working that element of it as well. But at another level, and perhaps at the level that will lead to the right outcome, which is why we did this, this has to be resolved through political means, and we hope that all nations, including member nations inside of the EU and the EU itself and countries all over the world, will come to recognize the fundamental rights that the Israeli people have to this land, to this space. There are real security needs. The risk that is presented from the world as anti-Semitism is on the rise, we hope that every nation will recognize that and weigh in on this conflict in a way that is constructive, that will ultimately lead to the peace that is so desperately needed.” [Emphasis added by editor]

Pro-Settlement Legal Forum Conference Draws Big Names, Big Promises

The Kohelet Policy Forum, a right-wing advocacy organization that has enormous influence with senior Israeli – and increasingly American – government figures, hosted a “Conference on the Pompeo Doctrine” in Jerusalem, Jan. 7-8, 2020. The conference served as a gleeful celebration and forward-looking projection of what the new U.S. settlement policy towards settlements means for Israel. The conference drew participation from all the leading Israeli politicians and several senior members of the Trump Administration, including Secretary of State. Pompeo. Key quotes from the conference speakers are copied below.

U.S. Secretary of State Mike Pompeo:

 “We’re recognizing that these settlements don’t inherently violate international law. That is important. We’re disavowing the deeply flawed 1978 Hansell memo, and we’re returning to a balanced and sober Reagan-era approach. “In doing so, we’re advancing the cause of peace between Israelis and Palestinians.” 

U.S. Ambassador David Friedman:

“…when we came into office the lingering issues included three of significant importance: the status of 1) Jerusalem, 2) the Golan Heights and 3) Judea and Samaria. We have approached them in ascending order of complexity…I thank God that President Trump had the courage and the wisdom to recognize Jerusalem as the capital of Israel and move our embassy to Jerusalem from Tel Aviv…In recognizing Israel’s sovereignty over the Golan Heights, President Trump, evaluating the continuous malign and barbarous threats posed by Syria, concluded that no northern boundary for Israel would be secure except a boundary that incorporated the Golan. He acted well within the language of 242. [Judea and Samaria] is certainly the most complicated of the issues because of the large indigenous Palestinian population. Over the years before we came into office, it’s only gotten more complicated and more challenging. The proverbial goalposts have moved and moved – to the point today where they are no longer even on the field….The Pompeo Doctrine does not resolve the conflict over Judea and Samaria. But it does move the goalposts back onto the field. It does not obfuscate the very real issue that 2 million or more Palestinians reside in Judea and Samaria, and we all wish that they live in dignity, in peace, and with independence, pride and opportunity. We are committed to find a way to make that happen. The Pompeo Doctrine says clearly that Israelis have a right to live in Judea and Samaria. But it doesn’t say that Palestinians don’t….it calls for a practical negotiated resolution of the conflict that improves lives on both sides.”

Israeli Prime Minister Netanyahu said:

“I will not let any settlements be uprooted in any diplomatic plan. This idea of ethnic cleansing… it won’t happen. There is a window of opportunity. It opened, but it could close…There was no West Bank separate from the rest of the land. It was seen as the heart of the land. We never lost our right to live in Judea and Samaria. The only thing we lost temporarily was the ability to exercise the right. When Israel returned to the West Bank We didn’t return to a foreign land. That is a distortion of history. Jews lived in Jerusalem and Hebron for thousands of years consecutively…The Pompeo declaration about the status of the towns [in Judea and Samaria] establishes the truth that we are not strangers in our land. In a clearly defensive war, we returned… to the land where our forefathers put down roots thousands of years ago…Unlike some in Europe who think the Pompeo declaration distances peace, I think it will promote peace, because peace must be based on truth, not lies. Settlements are not the root of the conflict. We are standing with justice and the truth. It is a great struggle.”

Israeli Defense Minister Naftali Bennett on Area C annexation and his initiatives in that regard:

“Our aim is that within a decade a million Israeli citizens will live in Judea and Samaria” and later “Our objective is that within a short amount of time, and we will work for it, we will apply [Israeli] sovereignty to all of Area C, not just the settlements, not just this bloc or another. We are embarking on a real and immediate battle for the future of the Land of Israel and the future of Area C. It started a month ago and I am announcing it here today. A month ago, I convened a meeting and I explained the clear directive, the State of Israel will do everything to ensure that these territories [Area C] will be part of the State of Israel.”

Likud MK and former Mayor of Jerusalem Nir Barkat said:

“I am confident that Secretary Pompeo’s statement is an integral part of the American plan and is closely linked to Jared Kushner’s proposal advanced in Bahrain promoting significant economic investment in the Palestinian economy…Now is a perfect opportunity to similarly grow the communities throughout Judea and Samaria at a pace like never before. This declaration is a recognition of the legal and historic right of the Jewish people to live wherever we wish. This is how it should be in other parts of the world and certainly here in the Jewish State. This declaration is therefore an exceptional opportunity for Israel to ensure our continued growth and expansion throughout these areas. Israel needs to set a goal for the settlement of two million people in Judea and Samaria within fifty years. This is a commitment which requires that we already now lay the framework to make that possible and this is an investment which will also benefit the Palestinian people” [Editor’s note: Barkat has been working with Harvard Professor Michael Porter to promote an economic peace scheme, most recently speaking at Harvard about the plan in December 2019]

Eugene Kontorovich, Director of International Law at the Jerusalem-based Kohelet Policy Forum and a key shaper of anti-BDS/pro-settlement legislation in U.S. Congress and across state governments, said: 

“American Policy is now clearer than ever, Jews living in Judea and Samaria is not a crime. For decades, the obscure Carter-era memo was used as justification for anti-Israel policies despite the fact that its conclusions were rejected by subsequent administrations. Sec. Pompeo’s statement at the Kohelet conference today makes clear the U.S.’s wholesale rejection of the legal theory that holds that international law restricts Israeli Jews from moving into areas from which Jordan had ethnically cleansed them in 1949.”

Bonus Reads

1. “The Atarot Exception? Business and Human Rights Under Colonization” (Marya Farah in Jerusalem Quarterly)
2. “The Decade Israel Erased the Green Line” (+972 Magazine)
3. “Settlers are seizing ‘empty’ land. The Palestinian owners are fighting back” (+972)
4. “Israeli Right Wants to End Peace with Jordan” (Haaretz)
5. “Security official says police, courts scuttling efforts to curb settler violence” (The Times of Israel)

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

To subscribe to this report, please click here.

December 20, 2019

1. Israeli Court Rules Sumreen Family Can Temporarily Temporarily Stay in East Jerusalem Home
2. Judge Reopens Case Over Sale of Church Properties in Jerusalem’s Old City of to Settler Organizations
3. Vying for Likud Leadership, Gideon Sa’ar Pressures Netanyahu on E-1 Settlement, Area C Annexation, and Evacuation of Khan al-Ahmar
4. Visiting Harvard, Former Jerusalem Mayor Promotes Settler-Palestinian Business Projects
5. UN: Since passage of UNSCR 2334 Three Years Ago, Israel Has Continuously Expanded Settlements
6. In First, Delegation of UN Ambassadors Tour Israeli Settlements, Praise Settlement Industrial Zones
7. Pompeo Slaps Back After Members of Congress Send Letter Objecting to Shift in U.S. Settlements Policy
8. Bonus Reads

Questions/comments? Contact Kristin at kmccarthy@fmep.org

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Israeli Court Rules Sumreen Family Can Temporarily Temporarily Stay in East Jerusalem Home

The Jerusalem District Court has ruled that the Sumreen family is permitted to remain in their East Jerusalem home as the court considers the family’s appeal against a lower court ruling that granted ownership of their home to the Jewish National Fund, which has worked in concert with the radical settler group Elad to gain control of the property. 

The Sumreen family has been forced into the battle over its legal ownership of the home after the state of Israel, prompted repeatedly by the JNF, declared the Sumreen’s home to be “absentee” property. After that designation – which was not communicated to the Sumreen family – Israeli law permitted the state to take over the rights to the building. The state then sold the rights to the home – located in the Silwan neighborhood of East Jerusalem – to the JNF in 1991. The Jewish National Fund has pursued the eviction of the 18-member Sumreen family since then. Israeli courts ruled in favor of the Sumreen family’s ownership claims to the home for years, until a September 2019 ruling by the Jerusalem Magistrate’s Court granted ownership of the family’s home to the JNF, a decision the family immediately appealed to the Jerusalem District Court. 

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

Judge Reopens Case Over Sale of Church Properties in Jerusalem’s Old City of to Settler Organizations

On November 28th, the Jerusalem District Court ruled to reopen a high profile case which previously awarded the radical settler group Ateret Cohanim ownership rights to three historic church properties in the Old City of Jerusalem. The court made the decision because shell companies involved in the real estate transaction failed to respond to a court requests. Jerusalem District Judge Tamar Bar-Asher also ordered Ateret Cohanim to pay the church $14,400 (NIS 50,000) to cover legal expenses.

In June 2019, the High Court ruled in favor of Ateret Cohanim’s ownership claims to the three buildings. That ruling was promptly challenged by the Greek Patriarchate, which claimed to have new evidence showing Ateret Cohanim’s forgery of key documents and its payment of bribes to obtain the property. The original Jerusalem District Court ruling acknowledged that there were problems in the transaction, but found that the church failed to prove its allegations of bribery and corruption.

The legal battle over the properties dates back to 2004, when the Greek Orthodox Patriarchate agreed to sell the three properties to a foreign real estate company under three separate contracts. It did so not knowing that the radical settler group Ateret Cohanim was behind the transaction. News of the sales made headlines in early 2005.

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

The Greek Orthodox Church has received significant blowback from the sale of these properties. In January 2018, Palestinians protested in Bethlehem in an attempt to block the arrival of Patriarch Theophilos III for Christmas celebrations.

Vying for Likud Leadership, Gideon Sa’ar Pressures Netanyahu on E-1 Settlement, Area C Annexation, and Evacuation of Khan al-Ahmar

On December 10th, Gideon Sa’ar launched his campaign to challenge Netanyahu as the head of the Likud party by touring the E-1 settlement site on the outskirts of Jerusalem. With press following his every move, Sa’ar promised to build E-1, implement Israeli sovereignty over Area C, and evict the bedouin residents of the village of Khan al-Ahmar, located in the shadow of the E-1 site. All three of his promises are key longrunning asks of the powerful settler movement, which has been a pillar of support for Netanyahu despite its displeasure with Netanyahu’s delay in delivering on those specific promises.

In a swipe at Netanyahu, Sa’ar said:

“The struggle for E-1 is a struggle for the heart of Israel,” Sa’ar said. “Netanyahu out of all people, who built the Har Homa neighborhood [in Jerusalem] despite international pressure, should be building here. The rule for Har Homa should be the rule for E-1 and Givat Hamatos [in Jerusalem].” And, “In Khan al-Ahmar, as in the rest of Area C, the question is simple. Who is in control – Israel, or the Palestinian Authority, which is using aide from the European Union to create facts on the ground? The Supreme Court has rejected appeals against [Khan al-Akhmar’s] demolition four times.The future of Judea and Samaria will be determined by actions, not words. Evacuate Khan al-Akhmar immediately. A solution needs to be found for the residents, but you have to understand that the issue here is not just about the residents, the question is who is the sovereign here and what will be the future of Area C as a whole, and here we need to take clear, continuous action.”

The E-1 settlement plan still needs to receive final approval from the Israeli High Planning Committee, the body of the Civil Administration which regulates all construction in the West Bank. The plan has been approved for public deposit, but until this juncture Netanyahu has kept his finger off the trigger – keeping the plan from being deposited.

A week after his E-1/Khan al-Ahmar tour, Sa’ar launched a second attack on Netanyahu’s failure to deliver on major Jerusalem-area settler demands. Touring the Givat Hamatos settlement site in East Jerusalem, Sa’ar said:

“The future of Jerusalem will be decided through actions, not words…this location has strategic significance…Construction here will damage the territorial contiguity that the Palestinians are striving for and will be a barrier to the establishment of a Palestinian state. That is why there is also diplomatic pressure, European mainly, to prevent construction for Jews here….The demographic balance between the Jewish majority and Arab minority over the last decade has changed for the worse.”

The Givat Hamatos settlement has been approved but not constructed. Sa’ar’s assertion of the strategic significance of Givat Hamatos is correct; located in the southern part of East Jerusalem, Givat Hamatos has long been called a doomsday settlement by parties interested in preserving the possibility of a two-state solution. If Givat Hamatos is built, the Palestinian neighborhood of Beit Safafa in East Jerusalem will be completely surrounded by Israeli construction, severing its connection to the West Bank.

if built the settlement will severe any territorial connection between the Palestinian East Jerusalem neighborhood and the West Bank – leaving the neighborhood completely encircled by Israeli construction. Terrestrial Jerusalem’s Danny Seidemann writes:

“In short, Givat Hamatos is not just another detrimental settlement; it is a game-changer. While it is a smaller project, its implications are no less problematic than those of E-1 – something very much recognized by the Palestinians. The key difference is this: while global opposition has been rallied against E-1, far less attention and opposition has been devoted to Givat Hamatos. Most importantly, with E-1 there is a tripwire. Should Netanyahu decide to proceed on E-1, there will be up to a year to stop him. With Givat Hamatos there will be no warning, and the damage will be mostly immediate.”

Seidemann speculates that Netanyahu, under an ever-increasing amount of pressure both politically and personally, specifically increasingly likely to move forward with settlement plans for the E-1 settlement and forcibly evacuating the Khan al-Ahmar bedouin village.

Seidemann writes: 

“Netanyahu is fighting for his political life and is determined to avoid criminal prosecution and prison time. There is very little he will not do in order to remain Prime Minister under indictment. His failure to approve E-1 and to evacuate Khan al Ahmar has become a rallying point for the settler right, with periodic advertisements appearing in the right wing press calling on him to implement both. The fact that he has refrained thus far from carrying out both these schemes is testimony to the impact that EU engagement on these issues. Sensing Netanyahu’s vulnerability, Sa’ar is attempting to use E-1 and Khan al Ahmar to embarrass and pressure the Prime Minister, and to shift votes to himself. Under circumstances like these, Netanyahu may find the price of ignoring Sa’ar’s pressure to be greater than the anticipated harsh EU response.”

Visiting Harvard, Former Jerusalem Mayor Promotes Settler-Palestinian Business Projects

Likud MK and former Jerusalem mayor Nir Barkat recently lectured at Harvard Business School, a platform he used to promote “economic peace” schemes that normalize settlements in the name of boosting the West Bank economy. Arutz Sheva, the settler-run media outlet, reports that Barkat’s speech included a push for joint economic projects between Israelis living in the West Bank (settlers) and Palestinians. Arutz Sheva writes:

“He [Barkat] further advanced his vision for increased economic cooperation with the Palestinian workforce via a plan to develop increased ‘industrial clusters’ throughout Judea and Samaria along the lines of those which already exist in places like Barkan and Mishor Adumim.”

Barkat’s language aligns with the work of the Judea and Samaria Chamber of Commerce – an Orwellian-named business scheme FMEP has tracked from its emergence – and the growing attention to and support for its work in U.S. Congress. 

Barkat has enjoyed a close relationship with Harvard Business School professor Michael Porter for years, and has spoken at Harvard at Porter’s invitation at least once before.

UN: Since passage of UNSCR 2334 Three Years Ago, Israel Has Continuously Expanded Settlements

Nearing the three-year anniversary of the passage of UNSCR 2334 condemning Israel’s settlement activities, U.N. Secretary-General Antonio Guterres and U.N. Mideast envoy Nickolay Mladenov told the Security Council that Israel has not ceased the expansion of settlements. They reported that since passage of UNSCR 2334, Israel has approved plans for 22,000 new settlement units and have issued 8,000 tenders for settlement construction. 

U.N. Secretary-General Antonio Guterres said:

“The existence and expansion of settlements fuel resentment and hopelessness among the Palestinian population and significantly heighten Israeli-Palestinian tensions. In addition, they continue to undermine the prospects for ending the (Israeli) occupation and achieving the two-state solution by systematically eroding the possibility of establishing a contiguous and viable Palestinian state.”

In First, Delegation of UN Ambassadors Tour Israeli Settlements, Praise Settlement Industrial Zones

At the invitation of Israeli Ambassador to the UN Danny Danon, twenty-three ambassadors to the UN participated in a delegation to Israeli settlements in the northern West Bank, marking the first time a UN delegation has taken an official delegation to the settlements. Participants included UN ambassadors from Poland, Romania, the Czech Republic, Ukraine, Guatemala, and Haiti.

The tour included a stop at Barkan settlement industrial zone, which appears to have won support from at least one UN Ambassador for economic peace schemes that, in the name of coexistence and prosperity, entrench the occupation and exploitation of Palestinian workers and their economy. 

The Ambassador from Bosnia, Sven Alkala, said: 

“We have seen Arab and Israeli coexistence in factories and we think this is a very important project. By buying these products, we can give peace a real chance.”

As FMEP has previously explained, for decades Israel has used industrial zones as another tool to expand and deepen control over West Bank land and natural resources. Industrial zones perpetuate Israel’s economic exploitation of occupied territory (including the local workforce, land, and other natural resources), and that it is Orwellian to label such initiatives as “coexistence” programs, or to suggest that they offer the Palestinians benefits they should welcome. Importantly, jobs in industrial zones – often the only jobs available for Palestinians living under an Israeli occupation that prevents the development of any normal Palestinian economy – are widely viewed by Palestinians as a double-edged sword. The Israeli group Who Profits recently explained:

“Israeli Industrial Zones constitute a foundational pillar of the economy of the occupation. They contribute to the economic development of the settlements, which are in violation of international law and the Fourth Geneva Convention, while relying on the de-development of the Palestinian economy and the exploitation of Palestinian land and labor…The Industrial Zones in the oPt form part of a practice of ‘financial annexation’ which is an essential component of the broader policy of annexation taking place.”

Pompeo Slaps Back After Members of Congress Send Letter Objecting to Shift in U.S. Settlements Policy

U.S. Secretary of State Mike Pompeo responded to criticisms against the Trump Administration’s settlement policy announcement launched by a group of 106 Congressional Democrats, calling the positions they were defending “foolish.” The Democratic letter to Secretary Pompeo, rather than making the case for a principled stance against Israeli settlement activity, focused on the suggestion that the Trump administration is out of step with bipartisan U.S. policy on settlements, as well as the fact that settlements run afoul of international law. 

Responding to the signers of the letter, Pompeo (unsurprisingly) disagreed with both assertions. He went on to use the Democrats’ arguments as a springboard for writing his own largely ahistorical version of the history of U.S. settlements policy, and for re-hashing a number of highly creative arguments challenging the view that settlements are illegal — arguments formulated and promulgated by a handful of ideological legal experts who have for decades defended all Israeli activities related to the occupation.

Praising Sec. Pompeo’s letter, U.S. Ambassador to Israel David Friedman succinctly summarized Pompeo’s letter, saying:

“In his response to the 106 congressmen, Secretary Pompeo lays to rest the criticism that the Administration’s determination with regard to Israeli settlements was contrary to law or inconsistent with bipartisan policy. Indeed, the administration’s decision, in reversing secretary Kerry’s unfortunate statement in support of UNSCR 2334, restores the United States to its historic and appropriate role in mediating the conflict between Israelis and Palestinians.”

Bonus Reads

1. “Expansion of Nof Zion in the heart of Jabal Mukkaber”  (Terrestrial Jerusalem)
2. “Renewed effort to advance Atarot settlement” (Terrestrial Jerusalem)
3. “Palestinians plan legal steps to stop new Hebron settlement” (Al Monitor)
4. “Despite Court Order, Israeli Army Denies Palestinian Landowners Access to Evacuated Settlement Site” (Haaretz)
5. “Fearing Investigation, Israel Says Hague Has No Jurisdiction in West Bank or Gaza” (Haaretz)
6. “High Court: Israel Police Handling of Palestinian Complaint ‘Troubling, to Say the Least’” (Haaretz)
7. “France to support Palestinian agriculture in West Bank areas under Israeli control” (Al-Monitor) 
8. “UN: Israel has advanced 22,000 housing units in West Bank” (AP)
9. “Bennett, the Battle for Judea Has Been Decided” (Haaretz)
10. “Local settlers despair as Hilltop Youth moves in” (Ynet)

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.

July 12, 2019

1. Israel Evicts Palestinians from Silwan Apartment, Turns Property Over to Settlers
2. Mayor Reveals Israel’s New Settlement Policy in Jerusalem: Build Everything (Except Givat Hamatos)
3. Bibi’s “Principles” for Future Deal Seek International Approval for Apartheid-Like Status Quo
4. Stunt by Radical Settler Group Hoped to Scare Government Into Annexing Area C
5. United Nations Human Rights Expert Lays Down the Law on Israeli Annexation, Urges International Community to Consider Imposing Consequences
6. John Bolton Joins U.S. Chorus Defending & Normalizing Isareli Settlements, Calls them “Housing Projects” at Evangelical Confab
7. Adva Center: Israel Has Chosen Settlements/Annexation at the Expense of Development
8. Bonus Reads

Questions or comments? Contact Kristin McCarthy at kmccarthy@fmep.org.

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Israel Evicts Palestinians from Silwan Apartment, Turns Property Over to Settlers

On June 10th, Israeli police forcibly evicted five members of the Palestinian Siam (also spelled ”Siyyam”) family from their apartment in the Wadi Hilweh section of Silwan, in East Jerusalem. The action took place following a 30-year legal battle of the course of which settlers attempted six separate times (and failed the first five) to convince a court to evict the Siams. On the sixth try, the Jerusalem District Court ruled that the radical settler group Elad is the legal owner of the apartment.

Not only has Elad won the apartment (which increases its ownership share of the entire apartment building, where a few Palestinians owners continue to live), the settler organization (which is funded and abetted by the state of Israel) put a lien on donations crowdfunded to support the Siam family, claiming the money is belongs to Elad pursuant to the court order requiring the Siams to pay Elad 10,000 shekels ($2,798) for legal fees.

As a reminder, U.S. officials Ambassador David Friedman and special envoy Jason Greenblatt recently endorsed Elad’s operations in Silwan by participating in a political stunt promoting one of Elad’s excavation projects in Silwan – an unprofessional and destructive excavation located within a few hundred meters of the apartment from which the Siams were evicted.

Ir Amim explains why this eviction is particularly noteworthy in Elad’s campaign to evict Palestinians and deepen control in East Jerusalem:

“Elad has targeted the Siam family’s property since the early 1990’s, bringing a total of six lawsuits against the family and embroiling them in a lengthy and costly legal battle. Over the course of nearly three decades, it has managed to take over the majority of the family’s property through various mechanisms, most recently through the application of the Absentee Property Law of 1950. The settler takeover of 6/8 of the Siam family’s property is also a symbolic blow to the Palestinian community in Silwan since Jawad Siam, a social worker and longtime community leader, who established community centers for local children and youth, serves as a leading figure in the struggle to protect the Palestinian residents of Silwan.”

Mayor Reveals Israel’s New Settlement Policy in Jerusalem: Build Everything (Except Givat Hamatos)

On June 2nd, Jerusalem Mayor Moshe Leon told the right-wing outlet Makor Rishon that, with the singular exception of the plans for the Givat Hamatos settlement, there is no longer any political pressure holding back unrestrained settlement building across East Jerusalem. Leon said (as translated by Terrestrial Jerusalem):

“I do not know of any problem today in building beyond the Green Line, except for Givat Hamatos, all the construction plans have a green light for implementation. We start and actually build everywhere – in Gilo, in Armon Hanatsiv, in Homat Shmuel [Har Homa] and in the whole city.” 

The one exception, the planned but yet to be built Givat Hamatos settlement located in the southern part of East Jerusalem, has long been called a doomsday settlement by parties interested in preserving the possibility of a two-state solution. This is because if Givat Hamatos is built, the Palestinian neighborhood of Beit Safafa in East Jerusalem will be completely surrounded by Israeli construction.

However, Terrestrial Jerusalem predicts notwithstanding Leon’s comments, Givat Hamatos and E-1 are very much still a threat:

“…if, in the run-up to elections, Netanyahu fears that he is losing his base to the parties to the right of the Likud, he may feel compelled to consolidate his support by giving the green light to one or more bold settlement moves. In such an eventuality, Netanyahu may move on Khan al Ahmar prior to the elections. That said, Netanyahu does not currently seem prone to take action on Khan al Ahmar, Givat Hamatos and E-1, and as we will now see, he may indeed have very compelling reasons to act on these schemes – but only after the elections. If, after the approaching election results come in, Netanyahu will be asked by the President to form a government, he will use all the cards in his deck to achieve one overriding objective: securing his immunity from prosecution. We believe it likely that in the coalition negotiations, Netanyahu will attempt to “trade” the implementation of Givat Hamatos, E-1 and/or Khan al Ahmar in exchange for legislation granting him immunity from criminal prosecution. It is less likely he will “waste” these moves on anything less – including the possibility of approving these during the election campaign.”

Bibi’s “Principles” for Future Deal Seek International Approval for Apartheid-Like Status Quo

Speaking at an event in the Revava settlement, celebrating the 40th anniversary of the Samaria Regional Council (a settlement municipal body in the northern West Bank), lame-duck Israeli Prime Minister Bibi Netanyahu laid out his “principles” and promises with respect to the future of the West Bank in any “political agreement”. He said:

“…I am guided by several principles when it comes to the West Bank. The first – this is our homeland. The second – we will continue to build and develop it. Third – not one resident [settler] or community [settlement] will be uprooted in a political agreement. Fourth – the Israeli military and security forces will continue to rule the entire territory, up to the Jordan Valley. Fifth – I am working to get international ratification of these principles. Look at what we did in the Golan Heights and East Jerusalem. To be continued.”

Bibi also said:

“I also make no distinction between the settlement blocs and isolated settlement sites. Every such spot is Israeli from my point of view.”

Though bleak, the “principles” laid out by Netanyahu are not merely forward-looking. Rather, they paint an accurate picture of what is already happening on the ground: Israel’s construction of new settlements, expansion of existing settlements and corresponding infrastructure, retroactive legalization of unauthorized outposts, expropriation of privately owned Palestinian land, tightening grip over the Jordan Valley including effort that appears designed to drive Palestinians away, and pushing Palestinians out of of Area C, alongside policies designed to prevent the natural growth of Palestinian villages.

In addition to these principles, Netanyahu tossed in a commitment to no forced evictions of either Jews or Palestinians (whom Netanyahu refers to only as “Arabs,” a pointed denial of the existence of the Paelstinian identity and national aspirations). This surprising – and seemingly conciliatory –  comment is clearly disingenuous. As demonstrated by the case of the Siam family (discussed above), which just this week was forcibly evicted from its home in Silwan, Netanyahu’s words are emptied of meaning by the large body of Israeli laws and regulations literally designed to dispossess Palestinians of their land and homes. Under the guise of legality, these laws are regularly wielded by the state, often in cooperation and coordination with the settlers, to eviction Palestinians and turn land over to the settlers, as powerfully demonstrated in a recent B’Tselem report on this topic.

Stunt by Radical Settler Group Hoped to Scare Government Into Annexing Area C

In a gratuitous stunt, the radical settler group Regavim placed Palestinian flags along several of the main West Bank highways used by settlers. It should be emphasized that it is not illegal to fly the Palestinian flag in Area C of the West Bank (yet). However, Regavim clearly understands that most Israeli settlers, who take for granted Israeli complete control over the area, would be shocked by the flags and likely perceived them as a Palestinian challenge and provocation.

The intent behind the stunt, according to Regavim Director Meir Deutsch, was to:

“shock, alert, and illustrate what will happen if illegal Arab construction is allowed to continue unhindered and a de facto Palestinian state is established as per the Fayyad Plan of 2009…The [Israeli] population of Judea and Samaria [the West Bank} has been lulled into a dangerous slumber. The flags that we put up this morning won’t change the future of Judea and Samaria but the tens of thousands of structures that were built over the past decade and the thousands of dunams that the PA has taken over with the assistance of European countries will determine the future of Area C.”

MK Bezalel Smotrich – who helped establish the Regavim organization – called the stunt “important and even critical,” saying:

“The time has come for all of us to wake up and thwart the Arab takeover of our homeland. These flags are not dangerous, but the thousands of houses, roads, and trees that the Arabs are building, and paving, and planting under our noses are! The responsibility falls on the shoulders of one man — Netanyahu.”

United Nations Human Rights Expert Lays Down the Law on Israeli Annexation, Urges International Community to Consider Imposing Consequences

UN Special Rapporteur on the situation of human rights in the Palestinian territory, Michael Lynk, responded to the growing U.S.-Israeli consensus on Israel’s annexation of areas in the West Bank. Lynk said:

“International law is very clear: annexation and territorial conquest are forbidden by the Charter of the United Nations. The Security Council, beginning with Resolution 242 in November 1967, has expressly affirmed the inadmissibility of the acquisition of territory by war or force on eight occasions, most recently in 2016. While annexation has not disappeared from the modern world, this strict prohibition in international law has had a considerable dampening effect. The power of the prohibition is that annexations in the modern world, when they do happen, are rarely recognized by other nations. International law, when married to international resolve, works. International criticism, absent any consequences, can no longer be justified in the current circumstances,” said Lynk “If annexation proceeds, the chances for a genuine and just peace in the foreseeable future will have gone from implausible to unimaginable.”

In an interview with Al Jazeera, Lynk elaborated on what those consequences might be:

“The international community has to look at the available menu of countermeasures that is commonly used to a wide range of countries involving gross human rights violations and has to decide what are the appropriate ones to consider to use with respect to Israel. The international community actually holds a lot of cards with Israel, and it has to say to Israel: ‘Your membership or privileges through bilateral or multilateral agreements with respect to your economy, political and cultural relationships are all going to be called into question and reviewed unless you show genuine attempts to unwind and undo the occupation’.”

Lynk also outlined immediate steps that he believes the international community can call for, including the publication of a long-awaited database of Israeli and international companies that profit from operations in Israeli settlements in the occupied West Bank and for the International Criminal Court to complete its preliminary investigation of allegations of rights abuses by Israel. Lynk states:

“Unless there is international pressure on Israel to do the right thing, Israel will continue to deepen and further entrench the occupation,” Lynk told Al Jazeera. I don’t know what the international community needs to come to the realisation that Israel is not going to unwind the occupation and permit Palestinian self-determination all on its own.”

John Bolton Joins U.S. Chorus Defending & Normalizing Isareli Settlements, Calls them “Housing Projects” at Evangelical Confab

Speaking at the Christians United for Israel (CUFI) conference on July 10th, U.S. National Security Advisor John Bolton told the audience:

“At the behest of the so-called State of Palestine, the ICC has threatened to investigate Israeli housing projects in addition to targeting Israeli counter-terrorism efforts in the West Bank – and we’ll not allow the ICC bureaucrats in the Hague to dictate our foreign policy.”

In addition to John Bolton, the CUFI conference drew participation from U.S. ambassador to Israel David Friedman and U.S. Envoy Jason Greenblatt. Asked to respond to the chorus of critics who lambasted him and Friedman for participating in an excavation controlled by the radical Elad settler group, Greenblatt said:

“We were accused of Judaizing the city. We will not tolerate that kind of language. I know that’s been tolerated before, but under President Trump, we will push back every single [time]. You cannot possibly build peace without a foundation of truth. And for somebody to suggest that this tunnel is not the truth, they need to be corrected.”

To note, spokesman for Elad Yigal Kaufman has said, on the record, that the mission of Elad is to “Judaize” East Jerusalem.

Adva Center: Israel Has Chosen Settlements/Annexation at the Expense of Development

In a new report, entitled “Annexation Trumps Start-Up Nation,” the Adva Center compares Israel’s investment in so-called “development towns” (cities established on the Israeli periphery with the aim of creating cultural and economic hubs) to its investment in settlements established at the same time. 

The results are clear: development has disappeared from the Israeli agenda, in part replaced by a more narrow concept of economic growth, but, more broadly speaking, completely overshadowed by the government’s ideological focus and support for expanding the settlements. The Adva Center writes:

“the settlements project promises that annexation will continue to trump development. Had the sums spent on the settlements over the years been channeled to the Israeli periphery, it is reasonable to assume that it would by now be far less peripheral. As long as the conflict continues, the Israeli economy will labor under the threat of instability, threatening its international status; As long as the conflict continues, Israel will not be up to the task of reducing the socio-economic gaps between its center and periphery; As long as the conflict continues, Israel will be hard pressed to reduce the poverty rate, which is among the highest among developed countries; As long as the conflict continues, Israel will not find the wherewithal to reduce inequality within; today, Israel is among the developed countries with the highest degree of inequality. As long as the conflict continues, Israel will have a hard time extracting itself from the delirium of annexation in order to adopt an agenda of development.”

In addition to the economic advantages showered on the settlements, the Adva Center notes that the settlements have also succeeded in gaining an influential foothold on political power, writing:

“the political power of the settler right goes beyond its electoral achievements. This is because the settlements are now the very heart of the continuing conflict. Thus, the settler right constitutes a key factor in the determination of the entire national agenda: the constant pressure to jettison the Oslo Accords, to oppose negotiations with the Palestinians, to increase construction in the recognized settlements, to achieve recognition for the illegal outposts, to take over Palestinian buildings, to tormentPalestinian farmers, to demand more and more military protection – to define who and what is patrioticand who and what is not. Development towns – and the entire Israeli periphery – never succeeded in attaining such a position, one that would enable it to put development back on the Israeli agenda. Annexation trumps development.”

Bonus Reads

1. “U.S Duty Free Magnates Bankrolled Expansion of Israeli Settlement Vineyard Over Palestinian Land” (The Independent)
2. “Mobile Companies Break Deal on Judea and Samaria” (Globes)
3. “Graffit in West Bank Targets Palestinian Who Was Suspected of Raping a 7-Year Old Israeli Girl” (Times of Israel)

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

To subscribe to this report, please click here.

March 1, 2019

1. As Elections Approach, Here’s Two Settlement Plans Bibi Might Advance to Win Votes/Deflect Pressure
2. Palestinians March in Hebron on Anniversary of Goldstein Massacre
3. U.S. Charities Are Financing Radical, Violent Hilltop Youth Settler Movement
4. Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

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As Elections Approach, Here’s Two Settlement Plans Bibi Might Advance to Win Votes/Deflect Pressure

Terrestrial Jerusalem published a comprehensive analysis of how Jerusalem-related issues, including settlement plans, could become a factor in the current Israeli elections campaign. Danny Seidemann writes:

“On the eve of Israel’s national elections and the possible launching of Trump’s so-called ‘peace plan,’ concerns raised in January 2017 regarding the most sensitive and ambitious settlement and settlement-related projects are more relevant than ever…the common denominator to the issues on which we [Terrestrial Jerusalem] are focusing below is this: each is something of a banner under which the ideological right has decided to march. As a result, there is no doubt that these issues will figure prominently in election rhetoric, towards the goal of forcing an already susceptible Netanyahu’s hand.”

Seidemann goes on to lay out likely actions Netanyahu might take, including action on two specific settlement plans:

• “E-1: E-1 is a settlement planned for an area on East Jerusalem’s northeastern flank (beyond the city’s municipal borders), designed to cement a contiguous block of settlements stretching from Maale Adumim to the city’s east, through Neve Yaacov and Pisgat Zeev to the north, and extending to Givat Zeev, to the northwest (download map here).We have described in several reports the dire threat the implementation of E-1 would  cause to the two-state solution, primarily by dismembering a potential future Palestinian state into two non-contiguous cantons and sealing off East Jerusalem from its environs in the West Bank…implementation of E-1 today still depends solely on Netanyahu giving the green light for the publication of the plans. Once he does, the clock will start ticking toward construction; assuming Netanyahu and his government obey normal planning rules, this clock will run for up to a year — between the resumption of planning and the publication of tenders for construction. Once the green light is given, it will be very difficult (but not impossible) to prevent the publication of tenders.”

• “Givat Hamatos: As we explained in our January 2017 analysis, plans for construction in Givat Hamatos have been fully approved, but tenders have not yet been published: tenders for the construction of up to 1500 of the 4500 units could be published literally at any time, based on the whim of Netanyahu. As elections approach, the chances that Netanyahu will give the order to publish these tenders rises exponentially — and the significance of him doing so cannot be overstated. In planning terms, the publication of tenders is a Rubicon that, once crossed, is a point of no return, since at that point, third-party rights (purchasers) become involved. In short, the publication of tenders, effectively, would make the construction of Givat Hamatos a virtual certainty. While E-1 is larger in scope and has greater notoriety than Givat Hamatos, the danger posed by the latter is in some respects greater. Assuming Netanyahu and his government follow normal planning rules on E-1, any decision he takes on E-1 will in effect by a trip-wire that will give the world as long as a year in which to engage to try to prevent actual construction. With respect to Givat Hamatos, a move by Netanyahu won’t be a trip-wire, but rather the beginning of a series of detonations that cannot be stopped.”

Palestinians March in Hebron on Anniversary of Goldstein Massacre

On February 22nd, hundreds of Palestinians and international activists led a march towards Shuhada Street in downtown Hebron to commemorate the 29 victims of Israeli-American settler Baruch Goldstein, who opened fire on worshippers in the Ibrahimi Mosque/Tomb of the Patriarch 25 years ago. The march was also a protest against Israel’s policy of segregation (a word that fails to capture the damage done to the fabric of Palestinian life in the heart of Hebron) that was implemented following the massacre. +972 Mag reports:

“…protestors marched toward Checkpoint 56, which separates the part of the city governed by the Palestinian Authority from the Israeli-controlled area. They carried signs calling for the return of the Temporary International Presence in Hebron (TIPH) – the only observer group in the city with an official international mandate. In late January, Israeli Prime Minister Benjamin Netanyahu decided not to renew the group’s mandate, effectively expelling the observers from the city after 22 years of monitoring the human rights situation there…Israeli soldiers were stationed along the route of the protest, on the side of the city allegedly controlled by the PA, already before the protest began. When the crowd of demonstrators approached Checkpoint 56, soldiers pushed them back. At another checkpoint, close to the Tel Rumeida area, soldiers fired tear gas, stun grenades and rubber bullets at a group of protestors who were hurling stones – against the organizers’ request to keep the protest peaceful. Soldiers also fired stun grenades at a group of journalists.”

U.S. Charities Are Financing Radical, Violent Hilltop Youth Settler Movement

An investigation has revealed that a U.S. charity, The Charity of Light Fund, is the U.S. arm of an Israeli organization called Chasdei Meir that funds the radical and violent Hilltop Youth settler movement. Journalist Mairav Zonszein explains that Chasdei Meir, which is not registered as a tax exempt organization in Israel, recently issued a donation receipt thanking the donor (who made the donation in order to glean more information about the group’s operations) for “helping keep the residents of the outposts in Judea and Samaria warm.” Zonszein goes on to report:

“According to the Israeli outlet Ynet, Chasdei Meir has been linked to the coordination in 2011 of settler violence against Palestinians known as ‘price tag’ attacks, as well as financing settler youth who inhabit illegal settlement outposts and plant trees there as a way of claiming ownership over the land.”

Zonszein’s report lays out how Chasdei Meir and the Charity of Light Fund are part of a larger network of shadowy groups and figures that have found ways to direct U.S. tax-deductible donations to the settlement enterprise as well as groups that ascribe to the racist, nationalist ideology of Meir Kahane and the political party he founded, Kach. The Kach party, which is on the U.S. list of terrorist organizations, recently joined forces with Prime Minister Netanyahu, who brokered a political marriage between the Otzma Yehudit (“Jewish Power”) party, which is the current incarnation of the Kach party, and the Jewish Home party, in the hopes of winning sufficient votes to form a coalition that will keep him in power.

Bonus Reads

1. “A Violent Gang of Young Settlers Haunts Palestinians” (Haaretz)

2. “Under Occupation, Water is a Luxury” (Haaretz)

3. “Israel’s Termination of the Temporary International Presence in Hebron” (Al-Shabaka)

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.

September 14, 2018

1. Khan al-Ahmar Verdict Is A Greenlight for East Jerusalem Settlement Schemes
2. New Outpost Established in the Jordan Valley
3. U.S. Ambassador: We Have Never Challenged an Israeli Settlement Plan
4. Dismantling the Notion that Israel & the WZO Acted “In Good Faith” in Recent Outpost Case
5. Aryeh King on the New East Jerusalem Settlement: Beit Hanina Will Begin to “Judaize”
6. New Polling: Palestinians View Two-State Solution as Linked to Settlement Expansion
7. Bonus Reads

Comments, questions, or suggestions? Email Kristin McCarthy at kmccarthy@fmep.org. To subscribe to this report, please click here.

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Khan al-Ahmar Verdict Is A Greenlight for East Jerusalem Settlement Schemes

Last week, the Israeli High Court lifted an order preventing the Israeli government from forcibly removing residents from the Khan al-Ahmar Bedouin community and demolishing the village in the E-1 area, east of Jerusalem. Looking at the implications of the ruling, Jerusalem expert Danny Seidemann, founder of the Terrestrial Jerusalem, warns:

“the verdict gives a green light for the removal of Khan al-Ahmar, and provides a basis for removal of other Palestinian villages located on West Banks lands coveted by settlers and their allies…next in line are other Bedouin communities in that area, including Jabel Al Baba, as well as Susiya (in the southern Hebron hills), and Palestinian communities in areas targeted by the settlers in East Jerusalem (like Sheikh Jarrah and Batan al Hawa in Silwan – for recent developments see here).”

Seidemann further notes:

“the evacuation of Khan El Ahmar is not only about the tragic fate of the residents themselves…As we [Terrestrial Jerusalem] underlined several times in the past, the stubbornness, not to say the obsession, of the government of Israel with Khan Al Ahmar is mostly due to its location close to E1, within what is viewed by Israeli authorities as the ‘Maale Adumim bloc,’ extending deep into the West Bank to include the settlement of Kfar Adumim. The Court’s green light for the displacement of Khan al-Ahmar, alongside the start of the national electoral campaign, raises the risk that Prime Minister Netanyahu – always looking for a way to score points with the right and far-right – will decide to pursue push ahead with E-1 (the other grand scheme available in East Jerusalem is Givat Hamatos; the risk that he will move on that scheme is also serious).”

Palestinians recently took the Khan al-Ahmar case to the International Criminal Court (ICC), filing an addendum to a petition that was submitted to the ICC against Israeli settlements in May 2018.

When asked about the Khan al-Ahmar case, U.S. State Department spokesperson Heather Nauert acknowledged that the U.S.has been tracking the case but deferred to Israeli judicial proceedings on the matter, saying that the U.S. understanding is that “all appeals have been exhausted” and parroting the Israeli government talking point arguing that, “Israel is offering land [to the Bedouin], which includes access to water, electric, infrastructure, schools, and necessary things of that sort to the incoming residents.” This talking point glosses over the patent illegality – under international law – of forcibly transferring the Bedouin. It also glosses over the actual details of the very problematic “offer” Israel is making to the Bedouin – i.e., a location adjacent to a garbage dump or a wastewater facility.

New Outpost Established in the Jordan Valley

Ma’an News reports that settlers have set up a new unauthorized outpost on Palestinian land in the Jordan Valley, between the Palestinian village of Tubas and the Israeli settlement of Shadmot Mechola. Previously a single tent established at the site in May 2018, settlers significantly expanded the outpost, raised Israeli flags over the new dwellings, and primed the site for permanent residences.

According to reports, the outpost prevents Palestinians residents from Tubas, an agricultural center, from accessing their privately owned land – land that Palestinians have long used to herd sheep.

As FMEP has previously reported, Israel has effectively annexed 85% of land in the Jordan Valley, through ongoing settlement building and the declaration of “closed military zones” on vast swaths of farmland. A recent report by B’Tselem documents how Israeli  settlers were allowed to establish two new outposts in the Jordan Valley in 2017. Israel has also undertaken alarming efforts to evict Palestinians from their land in the Jordan Valley, particularly Palestinian communities that have the misfortune of being located near to an Israeli settlement. Simultaneously, Israel has approved new settlement plans in the Jordan Valley and has advanced plans to retroactively legalize outposts in the Jordan Valley.

U.S. Ambassador: We Have Never Challenged an Israeli Settlement Plan

In a new interview, U.S. Ambassador to Israel David Friedman said that Israel  “shouldn’t have to ask permission from the U.S.” to expand settlements in the West Bank and confirmed what settlement watchers have long believed: that the Trump Administration never challenged an Israeli construction plan in the West Bank. The full interview was published in the Israeli daily newspaper Israel Hayom, which is owned by U.S. settlement financier, Netanyahu supporter and Trump backer Sheldon Adelson.

Friedman also explained, for the first time publicly, the process by which Israel consults with the U.S. before advancing settlement plans. According to Friedman, prior to announcing settlement advancements, the Netanyahu government presents the plans to the U.S., which then offers commentary on the plans. Friedman said:

“We don’t tell Israel what to do and what not to do. It’s a sovereign country and they have to make those decisions. But we do have an open relationship and a good faith relationship, we talk about these plans and we do so from the perspective that the president expressed early on in his presidency – that settlements are not an obstacle to peace but if unrestrained settlement expansion continues, mathematically speaking, there will be much greater limits on territory that could be given to Palestinians. We never tell them, ‘You must pull this out.’ If we have an issue with something we say, ‘Do you really need to go this far? Can you build closer in to the existing property lines?’”

Since Trump took office almost two years ago, only a single report has surfaced suggesting Trump Administration intervened to stop an Israeli plan related to settlements. In that case, the U.S. reportedly took a position opposing [at that specific time] legislation seeking to annex settlements. The bill was tabled by the Netanyahu government, with Netanyahu citing White House concerns when explaining to his coalition partners his decision to table the bill. At the time, the White House responded, “It’s fair to say that the U.S. is discouraging actions that it believes will unduly distract the principals from focusing on the advancement of peace negotiations. The Jerusalem expansion bill was considered by the administration to be one of those actions.”

Dismantling the Notion that Israel & the WZO Acted “In Good Faith” in Recent Outpost Case

Hagit Ofran, the Director of Peace Now’s Settlement Watch program, wrote a blistering takedown of the Jerusalem District Court’s ruling that held that the State of Israel and the World Zionist Organization acted “in good faith” when giving privately owned Palestinian land to settlers, who built the Mitzpe Kramim outpost on the land in question. That ruling, as FMEP previously explained, is a monumental new legal precedent that – if allowed to stand – will open the door for retroactive “legalization” of many more outposts, effectively green-lighting a new series of land grabs – now extending to land that even Israel recognizes is privately owned by Palestinian – for the sake of settlements.  

Ofran writes:

“One can believe that the outpost settlers really thought that the land was not privately owned by Palestinians. But it is difficult to attribute ‘total innocence and honesty’ to anyone who builds without permits in an illegal outpost. Had the settlers bothered to ask for a permit, the Civil Administration would have immediately discovered that this was private land, and they would have been saved from stealing. (It is reasonable to assume that the government would not have approved the establishment of the outpost because at least until the establishment of the Netanyahu governments, the official policy was that no new settlements would be established.). But the court did not rule on the good faith of the settlers. The discussion dealt with the good faith of those who gave them the land, i.e. the state and the Settlement Division.”

Aryeh King on the New East Jerusalem Settlement: Beit Hanina Will Begin to “Judaize”

As FMEP reported last week, the Jerusalem Planning and Building Committee has approved plans for a new settlement in the Beit Hanina neighborhood of East Jerusalem. New reporting by Al-Monitor provides more evidence of the ideologically driven strategy at play:

“[Rabbi Aryeh] King, a [Jerusalem] city council member and activist who has been buying up Palestinian land for Jews, pledged that Arab Beit Hanina ‘would begin to Judaize, and hopefully soon become a neighborhood with a firm Jewish majority as befits the capital of the Jewish people.’ Indeed, implementation of the plan would turn Beit Hanina into one of the largest Jewish settlements in Palestinian neighborhoods.”

Renowned Israeli journalist Akiva Eldar also connects the Beit Hanina settlement plan to the recently-passed Nation-State Law, writing:

“The decision, announced with little fanfare, lays the foundation stone for the recently adopted nationality law, which anchors the Jewish nature of the State of Israel. For instance, it encourages Jewish-only communities and codifies the ‘national value’ of Jewish settlement in the homeland of the Jewish people. After all, what is more of a national value than Jewish settlement in Jerusalem, the city enshrined by the controversial legislation as the capital of Israel?”

New Polling: Palestinians View Two-State Solution as Linked to Settlement Expansion

New polling and analysis from the Palestine Center for Policy and Survey Research (PSR) finds that amongst Palestinians:

“In the past few years, 55 to 65 percent of Palestinians have said that they believe that settlement construction has expanded so much that the two-state solution is no longer practical or feasible. On average, three-quarters of those who reach this conclusion shift to opposing the two-state solution, while a similar percentage of those who think the two-state solution remains feasible remain in favor of it. In other words, support for the two-state solution is strongly linked to perceptions of feasibility, and settlements are making it seem unfeasible.”

The full results of PSR’s latest poll can be found here.

Bonus Reads

1. “Do Palestinians Still Support the Two-State Solution? Why Israeli Settlements Are the Greatest Obstacle to Peace” (Foreign Affairs)
2. “For Israel, Khan al-Ahmar residents lack ‘good faith’ displayed by settlers” (+972 Mag)
3. “How Oslo Accords Contributed to Israeli Occupation” (Ynet)
4. “Israelis Can’t Escape Apartheid” (Haaretz)
5. “25 Years On, Some Israeli Right-Wingers Ready to Declare Oslo Accords Dead” (The Times of Israel)
6. “This BDS Movement Just Loves Israeli Settlers” (Haaretz)

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

To receive this report via email, please click here.

October 20, 2017

1. Israel Advances 2,646 Settlement Units
2. Construction of the Givat Hamatos Settlement  in East Jerusalem is Underway
3. Israel to Invest in $939 Million “Settler Security Package” for Settlements Across the West Bank
4. Court Orders Evacuation of Settlers from “Machpelah House” in Hebron
5. As Olive Harvest Begins, Settlers Steal and Destroy the Palestinian Crop
6. Labor Chairman Shocks Israeli Left with Defense of Settlements
7. Bonus Reads

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

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Israel Advances 2,646 Settlement Units

This week the Netanyahu government advanced plans for a total of 2,646 settlements units across the West Bank. According to Israel’s veteran settlement watch organization, Peace Now, the Israeli government has advanced plans for 6,742 new settlement units so far in 2017, a steep escalation from previous years.

As we reported last week, these advancements include several provocative plans that will “compensate” settlers who had built illegally in the West Bank (296 units in Beit El, 102 units in the brand-new settlement of Amichai, and 86 units in Kochav Yaakov), move towards retroactively legalizing an illegal outpost (the Netiv Ha’avot plan, which the High Planning Council called “improper” but approved anyway), enlarge settlement enclaves in Palestinian neighborhoods (31 units on Shuhada Street in Hebron – the first new settlement construction approved inside Hebron in more than a decade. Btselem’s short video documentary on Shuhada Street is here).

The anti-settlement watchdog group Peace Now said:

The Israeli government has lost all its inhibitions, while promoting settlement expansion in a record pace for recent years and distancing us daily from the possibility of a two state solution. The government is sending a clear message to settlers – build illegally and anywhere and we will find a solution for you. It is clear that Netanyahu is prioritizing his settler constituency over the rule of law and the possibility for peace.

The Palestinian Authority reacted with anger, calling on the international community and the Trump administration to intervene, saying “This settlement assault comes at a time when the administration of US President Donald Trump is exerting effort and creating the conditions that will pave the way for making a real peace.” The EU and key European nations strongly condemned the settlement approvals. Germany noted, “…each new housing unit cements a one-state reality…”

The White House issued the same talking points on settlement announcements it has since President Trump took office, expressing concern that unrestrained settlement activities does not advance the prospects for peace but saying past demands for a settlement freeze have not been helpful to negotiations.

Construction of the Givat Hamatos Settlement  in East Jerusalem is Underway

In addition to the massive wave of settlement advancements this week, infrastructure work has started at the site of the long awaited (and much feared) Givat Hamatos settlement in East Jerusalem. Construction workers and machinery were spotted clearing the ground as the Israeli government prepares to issue the first tender for the settlement, which will green-light the construction of some 1,600 units. [image]

The construction of Givat Hamatos will be especially devastating to the two-state solution. It will complete a barrier of Israeli settlements between Jerusalem and Bethlehem; it will complete the encirclement and isolation of the Palestinian neighborhood of Beit Safafa; and, it will be the first new Israeli settlement in East Jerusalem in 20 years.

Ir Amim writes,

Construction of Givat Hamatos – prospectively, the first new [government-backed] settlement in East Jerusalem in two decades – would cap off a wave of simultaneous developments along the southern flank of East Jerusalem to complete consolidation of Israeli control of the southern perimeter and render the two state solution nonviable.

Peace Now writes:

The preparation for a tender in Givat Hamatos, together with Netanyahu’s statements last week regarding the construction of thousands of housing units in Ma’ale Adumim with heavy hints towards E1, are all a part of the government’s effort to create a de-facto annexation and prevent the possibility for two states on the ground. Netanyahu is taking far-reaching steps, which he has thus far avoided, and by doing so he risks the two state solution and the future of Israel.

The Givat Hamatos plan received final approval two years ago, but construction was delayed in light of international pressure including interventions by the Obama administration. As FMEP reported earlier this year, at the onset of the Trump administration, reports suggested a huge slate of Jerusalem area projects would now move forward – those rumored plans included Givat Hamatos, Atarot, Ramat Shlomo, and more (including E-1). Though an official announcement of advancement of those plans has not yet been made, the movement on Givat Hamatos piques concerns of additional major new settlement developments in the Jerusalem area.

Israel to Invest in $939 Million “Settler Security Package” for Settlements Across the West Bank

The Times of Israel reports that Defense Minister Avigdor Lieberman is planning to allocate $939 million for projects for settlers and settlements across the West Bank. Liberman’s plan addresses the complaints of settlers who staged a protest in front of Prime Minister Netanyahu’s private residence earlier this week demanding enhanced security measures. Settlers complained that Netanyahu had promised the infrastructure but had not yet allocated funds to effectuate the projects. According to the Times of Israel, the  $939 million package will fund:

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

Court Orders Evacuation of Settlers from “Machpelah House” in Hebron

The Israeli High Court has ordered the evacuation of settlers from a disputed home in Hebron. Settlers broke into the “Machpelah House” nearly 3 months ago, despite an ongoing legal battle to determine ownership of the home. The evacuation of the squatters had been repeatedly delayed by the political echelons and by attempts by the settlers to delay their evacuation until the Court makes a final ruling on ownership of the Machpela House, as we have previously reported. It remains to be seen if this court order will be carried out or if further delaying tactics will be brought into play.

As the Olive Harvest Begins, Settlers Steal and Destroy the Palestinian Crop

Yesh Din has documented 10 cases of settlers destroying or stealing olives from Palestinian groves across the West Bank this week, in what has become a common occurrence this time each year. Rabbis for Human Rights has documented an additional four cases this week, calling it a “severe wave of olive theft.”

Israeli police routinely arrest, release, and forget the settlers who commit harvest-time crimes, as documented thoroughly by Yesh Din. In one incident this week, settlers were filmed stealing olives, arrested by the Israeli police, and released on the same day. Yesh Din writes:

Since 2005, we have documented around 280 investigation files dealing with damage to olive trees. Only in 6 cases were indictments served (2.2% of cases for which an investigation has been concluded). More than 93% of these cases were closed due to police failure to locate the perpetrators or to gather enough evidence to prosecute suspects.

Rabbis for Human Rights says:

These are ideologically driven hate crimes. Due to the fact that most of the thefts took place on Palestinian lands which the farmers are restricted by the Israeli army from entering, the army has an increased responsibility to protect these groves.

Labor Chairman Shocks Israeli Left with Defense of Settlements

Avi Gabbay, the relatively unknown political outsider who was elected to be Chairman of the Israeli Labor Party earlier this year, has set off a debate within the center-left party following a series of  shocking comments on settlements this week. Most pertinently, Gabbay stated that he does not believe Israel should have to evacuate settlements as part of a peace agreement – a position that is at odds with members of his own party and of the position of the Zionist Union, of which the Labor Party is a major part. He later praised Israeli settlers, saying “The settlement [project] was and remains the beautiful and devoted face of Zionism….[the settlers are] the pioneers of our generations, people who act in the face of adversity, who cause the wilderness to bloom, who realize the impossible.”

Any initial hesitancy of MKs to disagree with the party leader eventually gave way to an onslaught of Labor officials publicly discrediting the chairman’s position on the evacuation of settlements. Tzipi Livni, a member of the Hatnua party and leader of the Zionist Union that unites Labor with other left and center-left political parties, took a simple and strong line saying, “The opposition to evacuating settlements is not the position of the Zionist Union.”

Gabbay’s hardline comments on settlements were not the only remarks that landed him in hot water over the last week. He also stated that he would not agree to form a (hypothetical) government with the Arab-Israeli Joint List because, as he said, “I do not see anything that connects us to them or allows us to be in the same government with them,”  and, “I don’t deal with rights of Palestinians.”

The Times of Israel recounts the contextual history of the Labor Party on the issue of settlements and the Party’s important role in previous peace negotiations:

The center-left Labor party has long been the Israeli political standard bearer for reaching a peace agreement with the Palestinians — involving the relinquishing of most of the West Bank and many of the settlements — with former Labor prime ministers Yitzhak Rabin, Shimon Peres and Ehud Barak all investing considerable efforts to negotiate an accord.

Bonus Reads

• “In Jerusalem, Municipal Issues Have Political Overtones” (NPR)
• “In unprecedented move, eight European countries to demand compensation from Israel for West Bank demolitions” (Haaretz)

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FMEP has long been a trusted resource on settlement-related issues, reflecting both the excellent work of our grantees on the ground and our own in-house expertise. FMEP’s focus on settlements derives from our commitment to achieving lasting Israeli-Palestinian peace, and our recognition of the fact that Israeli settlements – established for the explicit purpose of dispossessing Palestinians in the West Bank and East Jerusalem of land and resources, and depriving them of the very possibility of self-determination in their own state with borders based on the 1967 lines – are antithetical to that goal.