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.

April 20, 2023

1. Israel Introduces Second Plan to Expand Givat Hamatos Settlement in East Jerusalem
2. After 15 Yrs of Work, Jerusalem Govt Withdraws Support for Private Plan to Build First new Palestinian Neighborhood in East Jerusalem since 1967
3. Following Repeal of Disengagement Law, Israel Dismisses Cases Against Settlers Who Violated It
4. On the Potential for Mass Expulsion of Palestinians via West Bank Land Registration
5. Bonus Reads

---

Israel Introduces Second Plan to Expand Givat Hamatos Settlement in East Jerusalem

Ir Amim reports the Jerusalem Municipality recently initiated a new plan – called “Tzmerot” – to massively expand the current construction outline for the Givat Hamatos settlement in East Jerusalem. The new plan would add an additional 1,200 units to the existing plan, bringing the total number of settlement units to be built in Givat Hamatos to 3,810 (assuming, conservatively, an average family size of 5, this means housing for an additional nearly 20,000 Israelis). Israel issued tenders for more than 2,000 units in Givat Hamatos in January 2021, just before Trump left the U.S. presidency, and preparations for construction have started (actual construction has not).

This is the second plan the Israeli government has initiated so far this year to significantly expand the plan for Givat Hamatos. The first – known as the “East Talpiyot Hill” plan – was introduced in January 2023 and provides for the construction of 3500 units and 1300 hotel rooms on a strip of land adjacent to the land alloted to Givat Hamatos. 

Collectively, the East Talpiyot Hill plan would increase the size of Givat Hamatos by 40%, expanding it eastward and connecting it with another new settlement plan – the “Lower Aqueduct Plan.” 

Taken together — this latest Givat Hamatos expansion plan (Tzmerot), combined with the the East Talpiyot Hill plan, the Lower Aqueduct Plan, and the plan for a new settlement known as “Givat HaShaked” to the north of Givat Hamatos — these plans ultimately would create an unbroken string of settlements spanning from Gilo to Har Homa, in the process completely encircling the East Jerusalem Palestinian neighborhood of Beit Safafa with Israeli settlement construction. For this reason, Givat Hamatos has long been regarded as a doomsday settlement for parties interested in a negotiated two-state solution.

Ir Amim explains:

“The Tzmerot plan calls for four high-rise apartment buildings – two of which will include 12 floors, while the other two will include 42 and 35 floors. This stands in stark contrast to the surrounding Palestinian neighborhoods which face strict building restrictions, including those that preclude the construction of residential buildings beyond four-six levels. The municipality’s willingness to expand building rights for residential development when it is Israeli construction further exemplifies the extent of planning and housing discrimination in Jerusalem.  

The initiative for the new plan came as part of an agreement between the Jerusalem municipality and Shikun & Binui against the backdrop of a conflict concerning the company’s construction rights in a West Jerusalem neighborhood known as Kiryat HaYovel. Residents of the neighborhood strongly opposed the planned construction, compelling the municipality to intervene. According to the agreement, Shikun & Binui will give up construction in Kiryat HaYovel in exchange for receiving increased construction rights for residential development beyond the Green Line in Givat Hamatos.”

After 15 Yrs of Work, Jerusalem Govt Withdraws Support for Private Plan to Build First New Palestinian Neighborhood in East Jerusalem since 1967

Haaretz reports that the Jerusalem Municipality has retracted its support for a private, Palestinian-led project to build a new neighborhood in East Jerusalem, after signaling its support for the plan for the past 15 years. The project would have been the first new neighborhood developed specifically for Palestinians since Israel annexed East Jerusalem in 1967 (reminder: during the nearly 56 years since it gained control over East Jerusalem, Israel has undertaken massive, government-backed construction of new neighborhoods, aka settlements, throughout East Jerusalem).  Sources told Haaretz that Jerusalem Mayor Moshe Leon withdrew his support out of concern that approval of the project could become a political liability for him in local elections to be held later this year.

Ir Amim comments:

“While the Israeli authorities continue to deplete all vacant land in East Jerusalem to promote new Israeli settlements, they refrain from initiating residential projects for Palestinian areas and effectively obstruct the advancement of Palestinian-initiated plans. One recent example is the municipality’s withdrawal of support for the first planned new Palestinian neighborhood since 1967 in an area known as Tel Adsa, adjacent to Beit Hanina along the northern perimeter of East Jerusalem. Initiated by private Palestinian landowners from Beit Hanina, the plan had originally received support from the municipality. After enormous funds had been invested in the plan’s preparation, when the time came for discussion of the plan’s approval, the municipality withdrew their backing, citing claims that the plan did not comply with new planning policy for open spaces.

Yet, such claims contradict the fact that a myriad of similar plans are being promoted for Israeli settlements in such spaces. Not only does this reveal the baseless nature of the claims, but also underscores the rampant planning and housing discrimination leveled against Palestinians in Jerusalem. 

Despite Palestinians constituting nearly 40% of the city’s population, not one new neighborhood has been approved or constructed for Palestinians since 1967, while existing Palestinian neighborhoods face major building restrictions. Such a reality serves as a major impediment for Palestinians to remain in the city, which ultimately becomes a mechanism of forced displacement. These policies and practices enable Israel to seize more land in East Jerusalem while also acting as form of population control in service to Israel’s longstanding territorial and demographic goals. Such measures deprive Palestinians of basic rights to housing and shelter and constitute a severe violation of International Law while undermining any potential for an agreed political future.   

The Israeli government must be held accountable to afford equal rights to all populations in Jerusalem.”

Following Repeal of Disengagement Law, Israel Dismisses Cases Against Settlers Who Violated It

The Petah Tikva Magistrates Court has tossed out several indictments of settlers who illegally entered the site of the former Homesh settlement and illegally established a yeshiva there. The settlers were banned from entering the area as part of the 2005 Disengagement Law, which among other things legislated the evacuation of four settlements in the northern West Bank and banned Israelis from entering the area. The Israeli Knesset recently repealed the clauses in the Disengagement Law relating to those four settlements, effectively ending the ban on Israeli entry to the area, and providing a pretext for the Court to drop the cases (notwithstanding the fact that the settlers’ actions brazenly violated the law at the time). 

Yesh Din – an Israeli organizations which has fought for years to have the illegal outpost known to settlers as the Homesh yeshiva removed and for the land to be returned to its Palestinian owners – responded that the dismissal of these criminal cases:

“[sends] a clear message that the State of Israel encourages stealing from and banishing Palestinians.”

As a reminder, the Homesh settlement was built almost entirely on land that belongs to (and is recognized by Israel as registered as belonging to) Palestinian owners. Yet, after the Homesh settlement was dismantled in 2005, control over the land was never returned to its owners. The area was instead declared by the Israeli army to be a closed military zone, with Palestinains, including the owners of the land, barred from access. The Palestinians owners have been fighting for the right to access their own land since 2009, with no success. At the same time, the Israeli army allowed Jewish Israeli settlers to access the area regularly, and even permitted the settlers to illegally (under Israeli law) establish a religious school and settlement outpost at the site. Rather than enforce Israel’s own laws against the settlers, the current Israeli government has agreed to grant retroactive approval to the settlers’ illegal presence, the first step towards doing so being the aforementioned repeal of clauses in the Disengagement Law that make any Israeli presence there illegal. As Yesh Din has noted, repealing the West Bank-related clauses in the Disengagement Law does not change the legal status of the land, which Israel has recognized as privately owned by Palestinians. This means, according to Yesh Din, that Israel still has “no legal option for legalizing the [Homesh] outpost.” Based on the commitments made by this new government, it seems probable that this legal “problem” will be just one more challenge to be overcome.

Shmuel Wendy, a settler who participated in establishing the illegal yeshiva at Homesh, told the Times of Israel:

“Along with our happiness over the cancellation of the Disengagement Law, we still expect the yeshiva to soon be approved.”

On the Potential for Mass Expulsion of Palestinians via West Bank Land Registration

Writing in Jewish Currents, FMEP non-resident fellow Peter Beinart argues (agreeing with decades of Palestinian warnings) that the mass expulsion of Palestinians by Israel – a second Nakba – is not a far-fetched worry but an idea with deep roots and currency amongst Israeli lawmakers. Beinart posits that, “It’s impossible to know how mass expulsion might occur. But one clue lies in the coalition agreements that lay out the current government’s agenda. The agreements call on the government to launch a process of land registration in the West Bank.”

In the West Bank, successive Israeli governments have already laid the groundwork for re-starting the process of land registration with the urging and fervent backing of settlers who see the process as a massive opportunity for the state to declare more land to be “state land” and take control over it. Only one-third of West Bank land was registered and titled (under the British Mandatory government and then continued by Jordan) when Israel seized control of the West Bank and froze land registration proceedings. 

Some key pieces of that groundwork that have already been laid – not only to restart the land registration process but to utilize it as a means for the seizure of massive amounts of West Bank land – include:

• In September 2021, the Jewish National Fund (JNF) announced that it had approved funds for an effort to systematically register West Bank lands that it claims to have purchased from the Israeli Custodian General. Ir Amim warned that the JNF’s land registration effort could result in land takeover of an “alarming magnitude.” As a reminder, the JNF, established in 1901, devoted itself to buying land for Jews. Today, the JNF owns about 15% of all the land inside the Green Line (a figure which stands to increase if the review process leads to more properties being registered to the JNF). In addition, the JNF has used two subsidiary companies – both called Himanuta – to purchase land in the West Bank, even though the stated JNF policy did not support such purchases. Peace Now reports that the JNF, via Himanuta, has already purchased over 16,000 acres (65,000 dunams) across the West Bank.
• In December 2020, the Israeli High Court of Justice issued a ruling in favor of the Kochav Yaakov settlement, signaling the Court’s willingness to sidestep Ottoman and Jordanian land registration practices when deciding land ownership claims (which since 1967 Israel has recognized as applicable in the West Bank and East Jerusalem). The Court appeared to accept the settlers’ argument that the Court should care about what has happened on the land since the Jordanian land registration process was frozen, not about what existed at the moment the law was frozen. This argument, by design, favors the settlements and the settlers, who since 1967 have been able – with the backing of the state and the permission of the Courts – to illegally establish settlements and outposts while also preventing Palestinians from accessing their land.
• In November 2020, the Israeli Attorney General offered support to a recommendation by COGAT to re-start land registration across the West Bank, a recommendation which was the result of a campaign by the far right-wing Israeli NGO known as Regavim (which today has deep ties in the current government) to push the government to seize more land in the West Bank via declarations of state land.
• In August 2020 the Israeli State Comptroller issued a report that criticized the Defense Ministry for having an incomplete land registry of the West Bank.

By contrast, in East Jerusalem (which Israel annexed in 1967) the Israeli government announced its intention to start land registration in 2018 and to complete the process by 2025 (which the government framed as an effort to “Reduce Socio-Economic Gaps and Advance Economic Development in East Jerusalem”). Since then, the government has carried out land registration mostly in secret and for the exclusive benefit of settlers, including in Abu Dis, Sheikh Jarrah, near Al-Aqsa, and possibly with regard to the Sharafat neighborhood and the Givat HaShaked settlement.

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

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

Key resources on land registration (aka “Settlement of Title”) are:

• “Settlement of Land Title in East Jerusalem: A Means of Dispossessing Palestinians from their Lands and Homes” (Ir Amim, March 2022)
• “Ill Gotten Gains: Theft of Palestinian land – declaring “state land” where settlement of title was halted when Israel occupied the West Bank” (Yesh Din, March 2021)
• “A Settler Tool & A Catch-22 for Palestinians: Land Registration in East JerusalemA Settler Tool & A Catch-22 for Palestinians: Land Registration in East Jerusalem” (Podcast w/ Amy Cohen/Ir Amim and Kristin McCarthy/FMEP, September 2022)
• “The registration of Palestinian properties is aimed at transferring them to Israeli authorities” (Miftah, October 2021)

Bonus Reads

1. “How the ‘Poor People of Galicia’ Defeated an Elderly Palestinian Couple” (Haaretz)

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

To subscribe to this report, please click here.

March 24, 2023

1. 1. Israel Reaffirms Commitment to Short Settlement Pause – Then Immediately Violates it, Publishing Tenders for 1,029 New Settlement Units
   2. Knesset Repeals Clauses of 2005 Disengagement Law, Allowing for Reestablishment of Four West Bank Settlements
   3. Netanyahu Contradicts Coalition Agreements in Attempt to Pacify International Outcry Over Disengagement Law Repeal
   4. Knesset Initiates Bill for West Bank “Admission Committees”
   5. U.S. State Department Issues Its 2022 Human Rights Report
   6. Bonus Reads

---

Israel Reaffirms Commitment to Short Settlement Pause – Then Immediately Violates it, Publishing Tenders for 1,029 New Settlement Units

At a second summit in the last month, Israeli and Palestinian officials signed a second joint communique brokered by Egypt, Jordan, and the United States. In it, the Israeli government once again pledged to pause discussion of new settlement units for four months and postpone the authorization of outposts for six months. 

On March 22nd, three days after the second communique was signed, the Israel Land Authority (ILA) published tenders for the construction of 1,029 new settlement units. Those units are as follows:

• 89 units in the East Jerusalem settlement of Gilo, located in southern Jerusalem between the isolated Palestinian East Jerusalem neighborhood of Beit Safafa and the West Bank city of Bethlehem;
• 193 units in the Efrat settlement located south of Bethlehem, inside a settlement block that cuts deep into the West Bank. Efrat’s location and the route of the barrier wall around it, have literally severed the route of Highway 60 south of Bethlehem, cutting off Bethlehem and Jerusalem from the southern West Bank. The economic, political, and social impacts of the closure of Highway 60 at the Efrat settlement (there is literally a wall built across the highway) have been severe for the Palestinian population.; and,
• 747 units in the Beitar Illit settlement, a massive ultra-orthodox settlement located west of Bethlehem.

On the publication of tenders for 1,029 settlement units, Peace Now said:

“This is yet another harmful and unnecessary construction initiative, as part of the messianic coup that is unfolding alongside the regime coup. The most extreme right-wing government in the history of the country is not only trampling on democracy but also on the possibility of a future political agreement, and on our relations with the US and friendly countries. Lies and violations of these commitments are a sure way to turn Israel into an isolated country.”

Further eroding the credibility of Israeli assurances, on the day after the summit concluded – a summit that was called in order to calm tensions that have been mounting across the West Bank and Israel – Israeli Finance Minister Bezalel Smotrich made an inflammatory speech in France, during which he said:

“There is no such thing as a Palestinian nation. There is no Palestinian history. There is no Palestinian language.”

Smotrich delivered these remarks while standing at a podium bearing the flag of the Jewish Irgun, bearing a map of Israel that includes the West Bank and parts of Jordan. The map – and its meaning – was reaffirmed in Smotrich’s speech in which he reiterated his belief that Israeli Jews have a God-given, exclusive right to the land.

Smotrich has been roundly condemned for his incitement, including by the U.S. State Department spokesperson Vedant Patel, who said: 

“The comments, which were delivered at a podium adorned with an inaccurate and provocative map, are offensive, they are deeply concerning, and, candidly, they’re dangerous. The Palestinians have a rich history and culture, and the United States greatly values our partnership with the Palestinian people.”

Palestinian Prime Minister Mohammad Shtayyeh said Smotrich’s remarks are: “conclusive evidence of the extremist, racist Zionist ideology that governs the parties of the current Israeli government.”

Knesset Repeals Clauses of 2005 Disengagement Law, Allowing for Reestablishment of Four West Bank Settlements

On March 21st, the Israeli Knesset passed a law repealing parts of the 2005 Disengagement Law (which legislated Israel’s dismantling of all settlements in the Gaza Strip and four settlements in the northern West Bank). The repeal of these clauses enables the reestablishment of all four of the settlements in the northern West Bank that were dismantled by the Israeli government as part of the 2005 Disengagement initiative – Homesh, Sa-Nur, Ganim and Kadim. The bill repealing these clauses in the Disengagement law — an act which sets the stage for efforts to more broadly undo Israel’s 2005 Disengagement — was supported even by members of the Israeli opposition. 

With the law amended, the government can now advance its plan to reestablish the Homesh settlement (see FMEP’s previous reporting on the efforts to reestablish Homesh). In the longer term, the repeal of these provisions will undoubtedly give rise to pressure to reestablish the other three dismantled settlements; and in the immediate aftermath of the repeal of these clauses, one right-wing minister in the current government is already raising the demand for Israel to reestablish settlements in the Gaza Strip, and MK Limor Son Har-Melec said shortly after the law was passed:

“We must not rest on our laurels and bask in the euphoria, and we must charge at the next two tasks that lie ahead of us tomorrow: the re-establishment of the four settlements that were evacuated [in the northern West Bank], and return home to the [evacuated Gaza settlement Gush Katif] that … became a nest of terror.”

As a reminder, the Homesh settlement was built almost entirely on land that belongs to (and is recognized by Israel as registered as belonging to Palestinian owners. Yet, after the Homesh settlement was dismantled in 2005, control over the land was never returned to its owners. The area was instead declared by the Israeli army to be a closed military zone, with Palestinains, including the owners of the land, barred from access. The Palestinians owners have been fighting for the right to access their own land since 2009, with no success. At the same time, the Israeli army has allowed Jewish Israeli settlers to access the area regularly, and even permitted the settlers to illegally (under Israeli law) establish a religious school and settlement outpost at the site. Rather than enforce Israel’s own laws against the settlers, the current Israeli government has agreed to grant retroactive approval to the settlers’ illegal presence. 

The Times of Israel notes that, even with the new law, the head of the IDF will have to sign a new military order that allows Israelis to enter the area. This will likely not be a problem, given that for years – long before this new law – the IDF has allowed Israelis to access and stay at the site. Moreover, Bezalel Smotrich, who is in effect the ruling sovereign over the West Bank after being handed vast powers within the Defense Ministry, tweeted that the repeal of the 2005 Disengagement Law “advances the regularisation of our presence at Homesh.” Note that “regularization” is a euphemism for retroactive legalization, granting post-facto approval to illegal settlement activity, which has the effect of establishing a new settlement. 

Settlers [who are the government] have moved quickly to press for next steps on the retroactive legalization of the Homesh yeshiva. On March 22nd, approximately 150 settlers invaded the site of Homesh and set up camp there.

Finally, the Israeli NGO Yesh Din, which closely documents settler- and settlement-related developments, notes that repealing the West Bank-related clauses in the Disengagement Law does not change the legal status of the land, which Israel has recognized as privately owned by Palestinians. This means, according to Yesh Din, that Israel still has “no legal option for legalizing the [Homesh] outpost.” Based on the commitments made by this new government, it seems probable that this legal “problem” will be just one more challenge to be overcome.

Netanyahu Contradicts Coalition Agreements in Attempt to Pacify International Outcry Over Disengagement Law Repeal

After days of international criticism over the repeal of clauses in the 2005 Disengagement Law, Prime Minister Netanyahu issued a statement saying that the Israeli government has “no intention of establishing new settlements in the area.” Axios reports that the U.S. and several other European nations attempted to persuade Netanyahu to block the bill or postpone the Knesset’s vote, but Netanyahu said it was part of his commitments to his ruling partners.

The United States took a lead role in reprimanding the Israeli government for amending the 2005 Disengagement Law. U.S. criticism included a summons for Israeli Ambassador to the U.S. Michael Herzog to attend an impromptu, reportedly tense, meeting with U.S. Deputy Secretary of State Wendy Sherman, as well as a lengthy statement by the U.S. Department of State Spokesperson, Vedant Patel, which ended with the announcement that the U.S. is considering several options in response to Israel’s West Bank policy.

Knesset Initiates Bill for West Bank “Admission Committees”

Mondoweiss reports that on March 20th in a preliminary reading, the Knesset Economic Affairs Committee approved a bill that would allow Israel “admission committees” to be established for areas where settlement expansion is proceeding, including the South Hebron Hills, the Jordan Valley, and the Galilee. These “Admission Committees” are already established in Israel proper, so this new bill will allow extend Israeli domestic law into the West Bank.

Explaining the Admissions Committee law, Adalah writes:

“The Admissions Committees Law legalizes “Admission Committees” that operate in hundreds of small community towns built on state land in the Naqab (Negev) and Galilee. The law gives Admission Committees, bodies that select applicants for housing units and plots of land, almost full discretion to accept or reject individuals from living in these towns. The Committees include a representative from the Jewish Agency or the World Zionist Organization, quasi-governmental entities. The Committees, in practice, filter out Arab Palestinian applicants and others from marginalized groups.

While one of the law’s provisions states a duty to respect the right to equality and prevent discrimination, the law allows these Committees to reject applicants deemed “unsuitable to the social life of the community… or the social and cultural fabric of the town,” thereby legitimizing the exclusion of entire groups. The law also authorizes Admissions Committees to adopt criteria determined by individual community towns themselves based on their “special characteristics”, including those community towns that have defined themselves as having a “Zionist vision”.”

U.S. State Department Issues Its 2022 Human Rights Report

The U.S. Department of State published its annual report on human rights conditions in every country in the world. The publication is always notable because of the ever-evolving treatment of the occupied Palestinian territories, and for the closely scrutinized statements regarding Israel’s treatment of Palestinians living under Israel’s military occupation.

Notable inclusions and omissions include:

1 – The Biden State Department opted to maintain the new format imposed on the report by the Trump Administration, with a section entitled “Israel, West Bank, and Gaza.” Under this format, which the Biden Administration also used in its 2020 and 2021 reports, there is a section on Israel (looking at the practices of the Israeli government in sovereign Israeli territory, including East Jerusalem) and a separate section on the West Bank & Gaza (looking primarily at the practices of the Palestinian Authority, Hamas, and the “Israeli authorities in the West Bank”). Prior to the Trump era, the report and its sections were entitled  “Israel and the Occupied Territories.” The Trump administration adopted the new section titles in its 2017 report and completed its elimination of the word “occupation” in its 2018 report. The Biden Administration’s decision to continue this new format was widely reported when the administration’s first report was released in early 2021.

2 – The report acknowledged, but did not take a position on, Israel’s declaration of six Palestinian organizations as terrorist entities. The report says, “Israeli authorities cited laws against terrorism or protecting national security to arrest or punish critics of the government or deter criticism of government policies or officials.” This is notable because the Biden Administration has come under intense pressure to mirror Israel’s terrorist designation of these organizations, but thus far has refrained from doing so. The Biden Administration has also not contradicted or criticized Israel’s declarations, and has instead repeatedly stated that it is investigating the matter and reviewing information on the groups’ alleged ties to terrorism that the Israeli government has presented to the U.S., and has explicitly left the door open for Israel to continue to provide more “evidence” (incentivizing Israel to continue to violate the rights of Palestinian human rights defenders, including by arresting people and in effect threatening to hold them indefinitely without due process unless they confess to crimes or incriminate others — all of which is then offered as new “evidence.”).

3 – In reporting on the killing of Palestinian-American journalist Shireen Abu Akleh, the report deferred to an Israel account which said that it was a “high possibility” that Abu Akleh – who was wearing a flak jackets that clearly marked her as “press” — was hit by Israeli gunfire “accidentally,” but not deliberately. This narrative is contradicted by Palestinian eyewitness accounts, in addition to forensic scientists’ reconstruction of the events leading up to her death which show conclusively that Abu Akleh was killed by IDF gunfire and that it is improbable in the extreme that the shooting was not deliberate. Notably, the report included mention of Abu Akleh’s death under the “freedom of expression” section, not under the section where extrajudicial killings were covered.

4 – The report, like in years past, does not explicitly criticize settlement construction, which has been shown to be the driving force behind the systematic human rights abuses against Palestinians.

Bonus Reads

1. “Protection of Civilians Report | 28 February – 13 March 2023” (OCHA)
2. “This Is the Disturbing Reality of Israeli Land Theft and Right-wing Rule” (Amira Hass, Haaretz)
3. “Editorial | They Frequented West Bank Hilltops and Interrogation Rooms. Now They Set Police Policy” (Haaretz)
4. “Ben-Gvir’s Chief of Staff Bosses Police Around Despite Not Being Employed as Civil Servant” (Haaretz)
5. “Armed settlers break into Palestinian family home under cover of darkness” (+972 Magazine)

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

To subscribe to this report, please click here.

March 17, 2023

1. E-1 Final Hearing Postponed Until June 12
2. Disengagement Repeal Law Passes First Reading
3. Israel Delivers Demolition Order on Salem Family Home in Sheikh Jarrah, As International Community Calls on Israel to Stop Displacement
4. Bonus Reads

---

E-1 Final Hearing Postponed Until June 12

On March 12th Israeli press reported that the High Planning Council has postponed its final consideration of the E-1 settlement plan. As noted previously in FMEP’s settlement report, a subcommittee of the Higher Planning Council was scheduled to convene to discuss objections to the E-1 settlement plan on March 27th. This discussion is a final step in the approval of the plan. That meeting has now reportedly been postponed until June 12th. This is the fourth time that final consideration of the E-1 plan has been delayed.

The press reports have so far not been confirmed by the Civil Administration, which houses the High Planning Council (under the authority of Finance Minister Smotrich). Notably, none of the most rabidly pro-settlement senior figures in the Israeli government (including Ben Gvir and Smotrich) have commented on these reports, nor has the settler Yesha Council.  Previous postponements of the plan were the result of international opposition. As a reminder: the E-1 settlement is slated to be built in the West Bank on land abutting the border of Jerusalem to the northeast, and is considered by the international community to be a “doomsday” settlement, in what its construction would mean for the two-state solution.

Disengagement Repeal Law Passes First Reading

On March 13th, the Knesset approved a first reading of a bill that will repeal clauses of the 2005 Disengagement Law. Repeal of these clauses will pave the way for implementation of the government’s plan to reestablish settlements in the northern West Bank that were dismantled as part of then-Prime Minister Ariel Sharon’s disengagement initiative (including, most notably, the Homesh settlement). The bill must now pass two more readings before becoming law.

Underscoring the current government’s legislative style, the Knesset drafted and voted on the bill without receiving formal opinions on its substance and impact from the Israeli National Security Council, the Israel Defense Forces, the Foreign Ministry, or the Shin Bet. The Knesset is under pressure to pass this legislation quickly due to a court-ordered deadline for the government to explain to the Court why the illegal outpost established by settlers at the site of dismantled Homesh settlement has not yet been demolished and the land returned to its Palestinian owners. Once this law is passed, the government can (ostensibly) tell the Court that it intends to grant retroactive legalization to the Homesh outpost. Legalization of this outpost was explicitly agreed to in the coalition deals which formed the current Israeli government.

As a reminder, for nearly three years Israel has put off responding to a 2019 legal petition filed by Yesh Din, seeking the removal of the illegal outpost (including a yeshiva) at the Homesh site, as well as the site’s return to its Palestinian landowners. Despite Homesh being dismantled in 2005, Israel has never permitted Palestinians to regain access to or control of the land, instead declaring the site a closed military zone. That status has enabled the IDF to prevent Palestinians from entering the area, even as IDF soldiers have routinely permitted settlers not only to access the site, but to set up residence there (illegally, under Israeli law), and to illegally establish a yeshiva there. That yeshiva, according to the Israeli NGO Kerem Navot, has become one of the West Bank’s “hardcore centers of settler terror”. Settlers associated with the outpost have also reportedly wreaked terror on nearby Palestinian villages, most notably Burqa and Sebastia. One Israeli politician even went so far as to say that settlers at one point were “carrying out a pogrom” in Burqa.

After the disengagement repeal  bill was approved in its first reading, MK Merav Michaeli (Labor) told Army Radio that the bill: 

“gives the crazy settlers permission to do whatever they want in Judea and Samaria, and to hell with Israel’s security.”

The bill will repeal clauses from the 2005 Disengagement Law that prohibit Israeli entry into the area of four former settlements (Homesh, Ganim, Kadim, and Sa-Nur) in the northern West Bank, in effect bringing the status of those sites in line with the rest of Area C. Many lawmakers were pushing for the bill to also include articles that would give outright permission for the reestablishment of Israeli settlement in these  areas – articles to permit Israelis to buy and own property/real estate there – but the final text did not include those articles. The law also does not apply any changes to the Gaza Strip.

Israel Delivers Demolition Order on Salem Family Home in Sheikh Jarrah, As International Community Calls on Israel to Stop Displacement

On March 13th, Israeli authorities posted a demolition order on the home of Hajja Fatima Salem in the Sheikh Jarrah neighborhood of East Jerusalem. One day later, on March 14th, twelve European governments issued a joint statement calling on Israel to reverse its decisions on eviction cases threatening the mass displacement of Palestinians from East Jerusalem, with six families under imminent threat.

A little over a year ago – in February 2022 –  the Jerusalem Magistrate Court froze the impending eviction of the Salem family (which had been initiated in 1988) based on the family paying the court a $7,700 “guarantee”. The case has not evolved since; however, around that same time the Israeli government seized a piece of the Salem property, located adjacent to the home that is now under demolition threat. Itamar Ben Gvir (who is now serving as the National Security Minister, with authority over demolitions in East Jerusalem) subsequently set up a tent on that seized property and called it his parliamentary office – a deliberate provocation. 

The state violence doesn’t stop there, the men behind the years-long effort to evict the Salem family are Yonaten Yousef, a Jerusalem city councilmember, and former deputy mayor of Jerusalem Aryeh King. Yousef and King claim to have bought the house from the Jewish family that owned it before 1948 — based on an Israeli law known as the Legal and Administrative Matters Law of 1970. This law provides Jewish Israelis the right to “reclaim” properties lost in the 1948 War. In contrast, under Israeli law the Salem family lacks any legal basis to claim both its home in Sheikh Jarrah – where the family has lived since being displaced from their home inside the Green Line during the 1948 War – or to their original home inside Israel, which they lost in the 1948 War (Israel law recognizes no such property claims by Palestinians who fled or were otherwise absent from the areas that became Israel in the course of that war)/. 

Bonus Reads

1. “Bezalel Somtrich’s West Bank Takeover is What Annexation Looks Like” (Dr. Debra Sushan, J Street)
2. “The Rapid and Predictable Rise of Israeli Settler Violence Against Palestinians” (Yara Asi, Arab Center DC)
3. “From Huwara to Jerusalem and Washington” (Terrestrial Jerusalem podcast)
4. “Measures which will Determine Calm or Escalation during Ramadan” (Ir Amim)
5. “Sameh Aqtash Was an Aid Worker Who Had Settler Friends. It Didn’t Save Him From the Pogrom” (Haaretz)
6. “Enforcing Apartheid in the West Bank” (Tareq Baconi, NY Book Review)

 

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

To subscribe to this report, please click here.

March 10, 2023

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

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

---

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

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

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

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

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

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

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

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

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

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

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

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

Key Developments on De Facto Annexation via Archaeology

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

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

Emek Shaveh explains:

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

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

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

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

Bonus Reads

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

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

To subscribe to this report, please click here.

February 17, 2023

1. Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 1: The Big Picture
2. Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 2: “Legalization” of Outposts
3. Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 3: Thousands of New Settlement Units
4. Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 4: International Responses
5. Cabinet & Knesset Advance Bill to Repeal Parts of 2005 Disengagement, Reestablish Four Settlements Including Homesh
6. Smotrich’s Plans to Take Over the West Bank
7. Settler Olive Orchard & New Outpost Are Dismantled by Government, Causing Coalition Fight
8. Settler Groups Convene Workshop on Jordan Valley Annexation
9. Bonus Reads

---

Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 1: The Big Picture

On February 12th, the Israeli Cabinet announced the single largest batch of settlement approvals in the past decade (and the first settlement announcement in more than a year). In announcing this huge wave of settlement activity, the Cabinet said it was doing so in response to a recent spate of Palestinian attacks on Israelis, most recently a car ramming attack in East Jerusalem. 

As detailed below, the numbers of new settlement units and newly legalized outposts involved in this announcement are huge, but those numbers only tell a part of the entire story. With these approvals Israel is also laying the groundwork for massive infrastructure projects for the benefit of settlers and further entrenchment of Israeli security to protect these investments. 

Moreover, there is no reason to believe this massive announcement is the end of the story with respect to new settlement approvals; it should be recalled that key members of the Security Cabinet – specifically Ben Gvir and Smotrich – reportedly pressed for an even bigger batch of settlement advancements, including the legalization of 77 outposts and approval of 14,000 new settlement units. The February 12th approvals will only whet the appetite of these ministers for more – and given the ongoing escalation of violence on the ground, there is every likelihood that future attacks against Israelis will be used as pretexts for meeting their demands.

Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 2: “Legalization” of Outposts

In its Feb 12th decision, the Israeli Cabinet directed the relevant ministries to carry out the necessary steps to grant retroactive legalization to ten outposts located across the West Bank.  In order to be fully legalized under Israeli law (but not under international law, according to which it is illegal for an occupying power to establish any civilian settlement/colony in any territory it is holding under military occupation is illegal) these outposts will need to have the status of the land clarified, then have a building plan completed, and then go through a 5-step approval process. Finance Minister Bezalel Smotrich made clear he intends to radically simplify and speed up this process when/if he is able to take control over West Bank planning bodies.

This legalization will in effect create 10 new, independent settlements. It will grant legal status to all the pre-existing units in these new settlements (a combined total of 355 units) and open the door for the 10 new settlements to “legally” grow and expand, both in terms of land and housing/population.

Importantly, Haaretz reports that a source said the Cabinet chose these outposts for authorization specifically because they are all located in remote or isolated locations — meaning they cannot be “legalized” via expanding the borders of a nearby settlement and declaring the outposts to be merely neighborhoods of those “legal” settlements (a legal maneuver Israel has repeatedly used to expand settlements and retroactively legalize settlements). This means, among other things, that legalization of these 10 new settlements will likely lead to additional land seizures for related infrastructure work (work that was not legally possible until now).

With respect to the remaining outposts that remain not-yet-legalized, the Cabinet approval included a clause that makes them eligible – right away, even as they remain illegal – to receive Israeli municipal services like water and electricity. Defense Minister Galant only has to sign an electricity order that was crafted under the previous government. If implemented, connecting illegal outposts to state infrastructure amounts to the de facto legalization of these outposts, even without a formal act to declare them legal. 

The ten outposts slated to become official, “legal” new settlements are: Avigail, Asael, Shaharit, Givat Arnon, Givat Harel and Givat Haro’eh (which will be combined into one new settlement), Malachei Hashalom, Mitzpe Yehuda, Beit Hogla, and Sde Boaz. For further details on these outposts, please see Peace Now’s report.

Of note:

• Six of the outposts are located partially on land privately owned by Palestinians (Avigail, Givat Haroeh, Givat Harel, Givat Arnon, Mitzpe Yehuda, Malachei Hashalom). 
• Three of the outposts (Avigail, Givat Arnon, and Malachei Hashalom) are located within Israel-designated firing zones, where under Israeli law any civilian presence, much less illegal civilian construction, is prohibited. 
• Of particular note: the Avigail outpost is located in Firing Zone 918 in the South Hebron Hills. This is the same firing zone that is home to the Palestinian communities of Masafer Yatta — whose existence pre-dates Israel’s declaration of the area as a firing zone. Those communities are today in the process of being ethnically cleansed by Israel, based on the same law that Israel is ignoring in its legalization of the Avigail outpost.
• Two of the outposts (Avigail and Asael) have, illegally, built access roads on privately owned Palestinian land. Legalization of the outposts will undoubtedly also include the theft of the Palestinian-owned land these roads were illegally built on.
• Three of the outposts (Schacharit, Mitzpe Yehuda, and Malachei Hashalom)- are so-called “farming outposts.” That means they include very few buildings (3, 4, and 10, respectively), but a lot of land. The phenomenon of farming outposts, which have proven to be an incredibly efficient way for settlers to take over large areas of the West Bank with minimal investment in buildings and the involvement of very few people. This has been documented by the Israeli NGO Kerem Navot, which called the tactic “Israel’s most significant mechanism for dispossessing Palestinian communities.”

Minister Smotrich celebrated the announcement of the legalization of the 10 outposts and promised that there is more to come:

“That is what we as a government and as a people must do. Settlements thrive thanks to the pioneers, with much love and determination…We’ve authorized 10 outposts and we have the means to authorize more if required. My coalition partners understand this is the logical move. We’re also committed to removing all restrictions on settlement expansion in Judea and Samaria. This area must be managed in accordance with the Israeli law applicable in all parts of Israel.”

The Minister of the Negev, the Galilee and National Resilience, Yitzhak Wasserlauf, also celebrated the announcement as the start of things to come: 

“Congratulations to the Security Cabinet that accepted Minister Ben-Gvir’s request and approved the communities. The dedicated settlers deserve to receive water, electricity, and public buildings. However, we will not be satisfied with just nine settlements, they are only the beginning, on the way to training more settlements, on the way to the fulfillment of the Zionist vision.”

As a reminder, Yitzhak Wasserful (a member of Ben Gvir’s Otzma Yehudit part) was granted an expanded portfolio as the Minister of the Negev and Galilee. He will now also oversee a new “young settlement department” (“young settlement” is a euphemism used by settlers for illegal outposts) that will be engaged in preparatory work for the legalization of outposts, and will also work on plans to deliver infrastructure to the outposts. 

Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 3: Thousands of New Settlement Units

As a result of the February 12th Israeli Security Cabinet meeting, the Civil Administration’s High Planning Council – the body that currently oversees all planning/building in the occupied West Bank – will convene in the coming days to advance plans for over 7,000 new settlement units (Minister Smotrich says 10,000 units will be advanced).

Of that total, Haaretz reports that 1,943 units are expected to immediately receive final approval for construction (including some units which have already been built but will be legalized); another 5,089 units are expected to be advanced in the planning process.

While there is no comprehensive list of all of the plans involved in these approvals and advancements, Haaretz reports that the plans expected to receive final approval will include new units in the following settlements: Rahelim, Neriya, Dolev, and Elon Moreh, Mevo’ot Yericho, and Elazar. Arutz Sheva further reports that 210 units in the Mevo Horon settlement will receive final approval, 100 of which were built illegally already.

Of particular note is a plan for 443 units in the Elazar settlement. This is, effectively, the reestablishment of the Netiv Ha’avot outpost, where five years ago the Israeli government demolished 17 structures because they were partially built on privately-owned Palestinian land (as compensation for those demolitions, the Israeli government built the evacuees an entirely new outpost near the Alon Shvut settlement, and then went about expanding the borders of the settlement to include the new buildings).

The plans not yet ready for final approvals but that are expected to be advanced in the planning process include plans for new construction in the Adam-Geva Binyamin settlement (356 units), the newly established Tel Zion settlement (627 units), the Kochav Yaakov settlement (160 units), and the Mitzpe Yericho settlement (350 units).

Israeli Government Announces Massive Settlement Expansion/De-Facto Annexation, Part 4: International Responses

Key members of the international community were quick to come out in (rhetorical) opposition to Israel’s massive settlement announcement. The U.S., U.K, France, Germany, and Italy released a joint statement “strongly opposing” the announcement saying they are “deeply troubled” by it – but none suggested they were entertaining any thoughts of imposing consequences.

The Palestinian Authority is reportedly pressing the United Nations Security Council to hold a vote in the coming days on a resolution calling on Israel to “immediately and completely” halt settlement activities. The U.S. has called the draft resolution “unhelpful” and is reported to be working against it (while also issuing public statements of dismay). Axios reports that Israeli officials believe the Palestinians are likely to secure enough support for such a resolution to pass if it is brought up for a vote, which would put the U.S. in the position of having to decide whether to vote in favor (inconceivable), abstain (improbable), or veto (likely). The U.S. is reportedly trying to convince the Palestinians to accept a statement from the Security Council in lieu of a vote.

Cabinet & Knesset Advance Bill to Repeal Parts of 2005 Disengagement, Reestablish Four Settlements Including Homesh

On February 14th, the Ministerial Committee for Legislation (a body of Ministers who decide whether to give government-backing to bills prior to their introduction to the Knesset) voted to give its approval to a bill that would repeal specific clauses of the 2005 Disengagement Law. These are the clauses that prohibit Israelis from living in the area of four settlements in the northern West Bank that were evacuated under Disengagement. If passed by the Knesset, the repeal of those clauses will allow the government to proceed with its plans to reestablish the Homesh settlement and retroactively legalize the yeshiva located there (as well as, in theory, allowing the reestablishment of the other three evacuated settlements).

Quickly following the Cabinet’s vote, the bill passed its preliminary reading in the Knesset on February 15th. It will need to pass three more readings before becoming law.

Peace Now explains the implications:

“From a human rights perspective, this will lead to a massive stealing of Palestinian land alongside increased settler violence and real danger to Palestinian lives. Homesh was primarily built on private Palestinian lands registered in the tabu (the Land Registration Office). Thus, this law will drive a final nail in the honest attempt of Palestinians to recover the massive land grab that was taken from them, and from the landowners in particular. In addition, although the Homesh settlement was evicted, a small Yeshiva located there has since been a source of violence from settlers who receive protection from the army while preventing Palestinian farmers from reaching their land. The lifting of the legal ban on the presence of Israelis in the area will provide an incentive for the arrival of more Israelis in the area. As a result, Palestinian lands will continue to be, at least de facto, expropriated.”

As a reminder, the retroactive legalization of the Homesh outpost was agreed to in coalition agreements that enabled the formation of the current Israeli government. Repealing the relevant parts of the 2005 Disengagement Law is the first step to implementing this commitment. 

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

Smotrich’s Plans to Take Over the West Bank

Haaretz obtained a draft government decision detailing plans to create a proposed “Settlement Administration” within the Defense Ministry. This plan would give Bezalel Smotrich – a minister in the Defense Ministry – authority, either directly or through his appointee, over the entire Civil Administration and, ipso facto, all civilian affairs in the West Bank. Smotrich proposes his new “ministry within a ministry” receive an initial budget of at least 80 million shekels. 

The draft proposal was circulated to Ministers this week, but still faces opposition, including from Defense Minister Gallant – at whose expense Smotrich’s power grab would come. According to Haaretz, the proposed draft includes a carve-out for Gallant to overrule Smotrich’s authority over civil matters “in exceptional circumstances subject to the defense minister’s decision to change a specific decision or action in exceptional cases, with appropriate justification and subject to hearing the position of the other minister.” 

The proposal is also opposed by IDF Chief of Staff Herzi Halevi, who reportedly told Prime Minister Netanyahu fears the plan would lead to a breakdown in the IDF chain of command.

Settler Olive Orchard & New Outpost Are Dismantled by Government, Causing Coalition Fight

A series of enforcement actions against illegal settlement activity in the West Bank has further driven a wedge between members of Netanyahu’s far-right coalition.

​​First, on February 12th Israeli forces dismantled a new outpost – dubbed “Gofna” by settlers – located in the northern West Bank. Six settler families arrived the previous night in an organized effort to quickly build several structures. Those buildings were demolished by the Israeli Border Police; settlers attempted to prevent the police from carrying out the evacuation. The Gofna outpost was previously established (and quickly dismantled) in July 2022 as part of a massive campaign led by the Nachala Movement to set up new outposts across the West Bank.

Then, on February 15th the Civil Administration uprooted over 800 olive trees that a settler illegally planted on land that the Israeli High Court has recognized as privately-owned Palestinian land, located near the Shilo settlement. The 2023 Court ruling concluded 15 years of litigation, but its enforcement has been repeatedly postponed. Dozens of settlers clashed violently with Israeli Border Police carrying out the tree removal; some of the settlers climbed the trees in hopes of stopping the bulldozers, and even some Knesset Members angrily tried to stop the officers from carrying out the law. Forty settlers/settler supporters were temporarily detained for their part in the violence; four Border Police officers were suspended after video footage captured them attacking one of the protestors.

Reports of the removal of the trees caused an immediate crisis in the government. Smotrich claimed that he had previously issued an order that vacated the court-ordered evacuation (in effect, Smotrich asserting the power to personally overrule the Israeli High Court). Any such order Smotrich may have issued was apparently overruled by Defense Minister Gallant – – with whom Smotrich is engaged in a power struggle (discussed above). Smotrich then wrote an urgent letter to Prime Minister Nentanyahu, who ordered the Civil Administration to halt the demolition hours after it began, though only a few trees remained in the ground at that point.

Smotrich later rehashed the turmoil, saying:

“To my astonishment, Defense Minister [Yoav Gallant] grossly violated the coalition agreement and reversed my decision…And, instead of implementing a settlement security policy, Gallant chose to continue the left-wing policy of former minister Benny Gantz and uproot the grove even though the claims against the grove were proven to be false in the legal proceedings…..violation of the [coalition] agreements will make it very difficult for the government and the coalition to conduct themselves properly.”

Later, on Twitter, Smotrich continued:

“Defense Minister Gallant’s denial of the unambiguous agreements and the prime minister’s foot dragging on the matter are unacceptable and they cannot continue…if Gallant has a problem, he’s welcome to hand in the keys. I’m sure there are lots of people in Likud who would be glad to take his place at the Defense Ministry.”

Minister Ben Gvir also vented his anger over law enforcement against illegal settler activities, saying:

“This isn’t what we signed up for when we agreed to join the Netanyahu government…We were promised a full-on right-wing government that can’t not evacuate Kahn al-Ahmar or avoid tearing down illegal buildings in East Jerusalem. A right-wing government doesn’t go only after Jews.”

Settler Groups Convene Workshop on Jordan Valley Annexation

Settler groups are continuing their push for Israel to annex the Jordan Valley. On February 12th, two settler advocacy groups held an event for lawmakers and security leaders in the Jordan Valley, starting with a tour of the region and a workshop to “discuss the challenges of sovereignty in the Valley and ways to deal with them.”

Yehudit Katsover and Nadia Matar, co-chairwomen of the Sovereignty Movement, and Nili Naouri, who heads the Israel Forever movement, who together hosted the event, said in a statement:

 “sovereignty in the Jordan Valley is a necessary step for both the security, strategic and internal security aspects of the future of Israel, as expressed by prime ministers over the years, leaders of both Right and Left, which illustrates the broad national consensus behind taking the step of sovereignty in this area. Sovereignty in the Valley also does not constitute a demographic threat to the Jewish character of the State of Israel.”

MK Sharen Haskel, who attended the event and who has previously introduced annexation bills in the Knesset, said:

“The message that we’re trying to send is that this is the place where we have to apply sovereignty first. This is not just a question of sovereignty, this is also a question of security and defense of our country and of our people…We are here seeing the mountains on both sides from Jordan and the areas of Judea and Samaria, and we understand that this ground is a tactic ground that is meant to guard our security need of the state of Israel.”

Bonus Reads

1. “Israel is Annexing the West Bank. Don’t be Misled by its Gaslighting” (Just Security)
2. “Go West Bank: Israel Is Using the Housing Crisis to Lure Israelis Into Becoming Settlers” (Haaretz)
3. “The Kohelet Tentacles: Inside the Web Surrounding the Right-wing Think Tank” (Haaretz)
4. “Pompeo: Israel has Biblical claim to the land so it can’t be an occupier” (MEMO)

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

To subscribe to this report, please click here.

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

February 10, 2023

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

---

Government Begins Forming Bureaucracy for Annexation

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

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

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

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

Haaretz details how these new bodies will interact:

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

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

Emek Shaveh reacts:

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

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

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

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

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

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

A New Settlement: Israel Establishes Tel Zion as Independent Settlement

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

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

Israeli Government Expected to Advance Atarot Settlement Plan

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

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

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

Peace Now said in a statement: 

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

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

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

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

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

In a statement revealing its ideological motivations, Regavim wrote:

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

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

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

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

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

Bibi Pitches Massive Tunnel Construction in West Bank to French Investors

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

Smotrich Resigns, Brings Criminal Settler into Knesset

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

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

Bonus Reads

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

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

To subscribe to this report, please click here.

January 6, 2023

1. Mass Expulsion (A War Crime) Underway in Masafer Yatta
2. Israeli Govt & Settlers Join Together to Take Over Key Site in Silwan & Announce Start of Excavations
3. High Court (& Settlers) Test New Israeli Government on Homesh Case
4. United Nations General Assembly Calls for Legal Opinion on Israeli Occupation, Israel Announces Moratorium on Palestinian Construction in Area C
5. Bonus Reads

---

Mass Expulsion (A War Crime) Underway in Masafer Yatta

In the first days of the new year, the Israeli Civil Administration began demolishing Palestinian homes and buildings in the Masafer Yatta region of the South Hebron Hills, an undertaking that won the approval of the Israeli High Court following a two-decade-long legal battle. The area of Masafer Yatta  is currently home to 1,000 residents (500 of which are children) in eight villages. 

As a reminder: Israel designated the area as a firing zone in the early 1980s for the express purpose of enabling the State to clear out Palestinians who live there, in direct contradiction to a 1967 IDF legal opinion stating, among other things, “Civilians cannot be evacuated from an area in order to create training zones for the IDF, both for political and humanitarian reasons, and for reasons related to the provisions of international law.” 

On January 2nd, the Israeli government announced that residents of Masafer Yatta will soon receive notices requiring them to vacate the area, further saying that the residents will be expelled to an alternative location where the State will allow them to live. In response, B’Tselem  observed: 

“forcible transfer of protected persons in occupied territory is a war crime, therefore, the Israeli offer of an alternative is meaningless and a violent threat that leaves the residents with no choice.”

Shortly following that announcement – on January 3-4 – Israeli forces were documented demolishing and removing Palestinian homes, structures, and olive groves in Masafer Yatta, even confiscating a tent that was used as a makeshift school.

For more information on Masafer Yatta, please check out the following resources:

• Save Masafer Yatta https://savemasaferyatta.com/en/
• +972 Magazine coverage by and about Palestinians in Masafer Yatta
• FMEP’s podcasts and webinars featuring Palestinians living there as well as activists working to stop their forcible transfer.

Israeli Govt & Settlers Join Together to Take Over Key Site in Silwan & Announce Start of Excavations

On December 27th, 2022 — days after Christmas and while most of the world was on holiday — Elad settlers, accompanied by a heavily armed detail of Israeli police, took control of a plot of land immediately adjacent to the Pool of Siloam in the Silwan neighborhood of East Jerusalem. The Pool of Siloam is an important historic site and a sacred Christian site, believed to be the site where Jesus healed the blind.

In a press release celebrating the seizure and the start of excavations – ostensibly aimed at revealing the entirety of the Pool of Siloam — the project was presented as a joint endeavor of the Elad settlers, the Israel National Parks Authority (INPA), and the Israel Antiquities Authority (IAA). Terrestrial Jerusalem characterized this joint action as “further evidence that in Silwan, the settlers and the Government of Israel are one of the same.”

According to reports, the newly-seized plot of land is owned by the Greek Orthodox Church, which leased it to Palestinian Sumarin family in 1931. The land has been used by the Sumarin family for agricultural purposes ever since. With this very public move to take control over the plot, the world learned for the first time that this land is part of the Greek Orthodox Church’s contested and controversial 2004 sale of some of its most prized assets to settler entity Ateret Cohanim (a sale that includes the Petra and New Imperial hotels in the Old City — see previous editions of this report for details on those cases). It remains unknown if there are additional properties involved in that transaction. 

Terrestrial Jerusalem adds:

“The Government of Israel and the settlers have decided there is no better time to take over Church property, in a place of cardinal importance to Christianity, than the Christmas week. There is nothing new in this. The settlers and the Government customarily reserve Christmas week for their most problematic initiatives, assuming, not without reason, that the diplomats and decision-makers are all on leave and will not pay attention.”

Emek Shaveh said in response to the takeover:

“The synchronicity of the raid and statement demonstrate the seamless partnership that has evolved between the settlers, the Antiquities Authority and the Nature and Parks Authority in recent years. Now, with a new government that intentionally disavows obligations under international law and disparages democratic norms, the authorities in charge of protecting heritage sites – already thoroughly politicized  –  will be further challenged to maintain their professional backbone.”

Addressing the narrow and broader context, Terrestrial Jerusalem explains:

“Silwan is nestled beneath the southern ramparts of the Old City. Rich in history, Silwan is the small geographical location where the tectonic plates of Judaism Christianity, and Islam meet. Silwan is a contemporary Palestinian neighborhood in East Jerusalem. Beneath part of Silwan, Wadi Hilweh, lies the biblical City of David. Since 1991, Silwan has been the most controversial and hotly-disputed settlement in East Jerusalem. Fully backed by the Government of Israel. Extreme biblically-motivated settlers aspire to transform Silwan into a renewed manifestation of ancient Biblical Jerusalem. Evictions, displacement, archeology, national parks, demolitions, detentions, etc. have all been weapons in the arsenal of the settlers in pursuing their radical transformation of the character of Silwan. The Pool of Siloam is now the epicenter of this conflict For more background on Silwan, see our recent study.

“…The takeover of the Siloam Pool is not taking place in isolation, and its significance even goes beyond its role in the settler attempt to takeover Silwan. In recent months, we have revealed the implementation of an Israeli Government Plan which entails encircling  the Old City with settlements and settler-related projects (like the Pool of Siloam  excavations). This plan, not only fragments Palestinian East Jerusalem, it marginalizes the Christian and Muslim presence in the Old City and its environs. We are witnessing the incorporation of the historic, religious and cultural core of Jerusalem into a biblically  interpreted Israel under the de facto authority of East Jerusalem. This is not just another bad thing” or “unhelpful unilateral step”. We are witnessing a radical transformation of the very character of Jerusalem, in ways not seen before. The evictions and demolitions in Silwan and Sheikh Jarrah, the cable car, the National Park on the Mount of Olives (see our recent report), the creation of an Israeli night spot in the Christian Quarter are  intimately related: they are parts of a puzzle that disclose this unprecedented encirclement of the Old City. The takeover of the Siloam Pool is another part of that puzzle.”

Please also listen to Terrestrial Jerusalem’s latest podcast episode for a discussion of this case.

High Court (& Settlers) Test New Israeli Government on Homesh Case

On January 2, 2023 the Israeli High Court gave the new Israeli government 90 days to submit its position on the court-ordered evacuation of the illegal yeshiva located at the site of the dismantled settlement of Homesh in the northern West Bank. The Court’s order represents a first opportunity (and challenge) for Israel’s new governing coalition to move forward with its stated intention to re-establish Homesh.

To do so, the Israeli government is preparing to amend/repeal the 2005 Disengagement Law. That law not only provided for Israel’s withdrawal and removal of all settlements from Gaza, but also entailed the dismantling of the Homesh settlement, along with three others in the northern West Bank,. 

Settlers, who have been pushing to reestablish Homesh for years, are planning their own test of the new government’s plans. The Times of Israel reports that settlers are preparing to spend the night of the first Passover seder (April 5th, which is the day before the Court’s deadline for the State’s response) at the site of Homesh , and are prepared to resist removal should Israeli forces try to make them leave the closed military zone. Settlers are also planning to send 1,000 people to spend that same night in the illegal Evyatar outpost – which the new government has vowed to retroactively legalize. One of the organizers of the initiative told The Times of Israel: “This will be the real test for the new government, in the field…This is no longer coalition deals and statements to the High Court. Thousands of us will return to settlements, legally, knowing we won’t be evacuated anymore.”

The U.S. State Department spoke out against the possible reestablishment of Homesh. Ned Price, the spokesman, said:

“The Homesh outpost in the West Bank is illegal. It is illegal even under Israeli law. Our call to refrain from unilateral steps certainly includes any decision to create a new settlement, to legalize outposts or allowing building of any kind deep in the West Bank, adjacent to Palestinian communities or on private Palestinian land,”

United Nations General Assembly Calls for Legal Opinion on Israeli Occupation, Israel Announces Moratorium on Palestinian Construction in Area C

On 31st December 2022, the United Nations General Assembly (UNGA) adopted a resolution calling on the International Court of Justice (ICJ) to examine the legal implications of Israel’s ongoing violation of the right of the Palestinian people to self-determination, its 55-year-long occupation, settlement, and annexation of the Palestinian territory occupied since 1967—including measures aimed at altering the demographic composition, character, and status of Jerusalem, and from its adoption of related discriminatory legislation and measures­.

In response, one Israeli lawmaker –  Zvika Fogel of the Otzma Yehudit party, which is part of the governing coalition – confirmed the nature of Israel’s occupation and reiterated his own hopes that Israel will annex the West Bank, saying he “cannot argue with the facts. As of right now, the occupation is permanent. And as of right now I would like to continue to apply Israeli sovereignty over all the areas that I can.” 

Other parts of the Israeli government are waging a more aggressive response to the ICJ and the groups and organizations that have called for the ICJ’s involvement. The Israeli Security Cabinet meeting on January 5th to approve five actions to punish the Palestinian Authority for “waging a diplomatic war” against the state. Those actions – helpfully decoded by FMEP’s Lara Friedman – include placing a moratorium on all Palestinian construction in Area C of the West Bank (60% of West Bank land).

The Palestinian human rights group Al Haq – which has requested the advisory opinion from the ICJ – welcomed UNGA’s vote and said in a statement:

“In a historic plenary vote, the UN General Assembly voted in favour of submitting a question for an Advisory Opinion on the Question of Palestine to the International Court of Justice. Al-Haq extends its deepest appreciation to the 87 Member States who aligned with the calls of the Palestinian people and voted in favour of submitting the question for an Advisory Opinion. It is critical that the avenues of justice and rule of law are opened by Third States for the Palestinian people, who have been systematically disenfranchised and denied their inalienable right to self-determination, as well as subjected to grave breaches of jus cogens norms, which incur erga omnes obligations. The Advisory Opinion offers a critically important opportunity for the International Court of Justice to examine the legality of the occupation regime, which if found in breach of international law, may incur, for the first time, important legal obligations on Third States and the international community, to bring the occupation to an end.”

In voting for the ICJ to issue an advisory opinion, the UN General Assembly has invoked the Court’s consideration of the case without the consent of Israel (one of the involved parties). The resulting opinion is non-binding, but will provide a detailed position on the issue of Israel’s occupation.

In addition to the forthcoming work by the International Court of Justice (ICJ) – which considers cases involving states – the International Criminal Court (ICC) is investigating potential war crimes committed by Israeli individuals in the occupied Palestinian territories. The ICC’s Chief Prosecutor, Karim Khan, has indicated his desire to visit Palestine in 2023. A group of 10 Israeli human rights groups sent a joint letter to Khan’s office voicing their support for such a trip. The letter said:

“It is our position that crimes, indeed, have been and are being committed; that the Court has jurisdiction to investigate and prosecute; and, we are all committed to assisting your office in advancing the ongoing investigation of the Situation in Palestine… Israel has a record of preventing international access to the oPt: U.N. Commissions of Inquiry, Special Rapporteurs, OHCHR staff, international scholars and human rights advocates have all been, over the years, barred entry […].This context makes your visit – and the granting of access to your office – ever more important.”

Bonus Reads

1. “Podcast: New Year, New Government, Old City” (Terrestrial Jerusalem ft. Danny Seidemann and Evan Gottesman)
2. “Leaked EU report details plan to strengthen Palestinian claims in West Bank’s Area C” (The Times of Israel)
3. “Gravestones vandalized at Christian cemetery in Jerusalem” (The Times of Israel)
4. “New tourism minister Haim Katz vows to invest in West Bank, ‘Israel’s Tuscany’” (The Times of Israel)
5. “Norway’s Sovereign Wealth Fund to Stop Investing in Firms Tied to West Bank Settlements” (Haaretz)
6. “Haim Drukman, leader of Israeli settler movement, dies at 90” (AP)

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

To subscribe to this report, please click here.

December 9, 2022

1. Court Upholds Demolition of Palestinian Apartment Building in Silwan
2. Hundreds of Israelis Descend on Site of Former Homesh Settlement, As New Government Agrees to Reestablish It
   
3. Settlers Move to Seize New Tract of Land in Silwan
4. Settlers Initiate Renovations on Little Petra Hotel in the Old City
5. In Addition to controlling COGAT & Civil Administration, Smotrich Will Control State Legal Cases
6. Bonus Reads

---

Court Upholds Demolition of Palestinian Apartment Building in Silwan

95 Palestinians in Silwan are at imminent risk of displacement, after an Israeli court on December 7th upheld a demolition order for the 13-unit apartment building in which they live. The residents received a letter instructing them to vacate the building within one week.

The court had previously instructed the residents to self-demolish the building by December 7th. The residents refused to do so, and as a result, the Jerusalem Municipality is now expected to not only demolish their homes, but to exorbitantly fine them for not doing it themselves. For more on Israel’s tactic of coerced self-demolitions of Palestinian homes (and punitive actions against Palestinians who refuse to give in to this tactic) see this report from Al Haq.

Wafa news reports that two of the families living in the building are facing their second displacement at the hands of Israeli court-ordered demolitions.

Hundreds of Israelis Descend on Site of Former Homesh Settlement, As New Government Agrees to Reestablish It

Hundreds of Israelis this week participated in a ceremony held at a Jewish religious school (a yeshiva) established illegally (under Israeli law) at the site of the former Homesh settlement in the northern West Bank. As a reminder, Homesh was dismantled by the Israeli government in 2005 as part of the Disengagement Law, but Palestinians have continued to be denied access to the land, even as settlers were permitted regular access and have been granted de facto (but not formal) permission to establish and maintain a yeshiva and outpost there.

For years, settlers have been pushing for the re-establishment of the Homesh settlement – including through holding illegal gatherings there, illegally building a yeshiva at the site, and organizing political rallies attended by right-wing politicians. 

Today, settlers are close to victory,  as reports suggest that the incoming government — which will be the most far-right, pro-settlements/Greater Israel government in history —  has agreed to re-establish Homesh as part of its coalition deal. To do so would require the government to amend the 2005 Disengagement Law (which not only ordered the dismantling of the Homesh settlement along with three others in the northern West Bank, but also provided for Israel’s withdrawal and removal of all settlements from Gaza). 

Settlers Move to Seize New Tract of Land in Silwan

Daniel Seideman – Founder & Director of the Israeli NGO Terrestrial Jerusalem – reports that the Elad settler group is moving to take control over a large tract of land in Silwan, strategically located at the foot of Wadi Hilweh/Silwan/City of David next to the Pool of Siloam.

Seidemann tweets:

“This is no routine matter. This is a large tract of land, immediately adjacent to the Siloam Pool, which is of great historical significance to both Jews and Christians. For the former, it is a clear manifestation of Biblical Jerusalem. This in no isolated development and is part of the acceleration of Biblically motivated settlements and settlement-related projects encircling the Old City of Jerusalem. It is reminiscent of another site of importance to the Churches – the sacred sites on the Mount of Olives, which are to be subjected to the growing settler predominance in the public domain, by means of the establishment of an Israeli National Park on the Mount of Olives. This has all the marking of a serious step towards the encirclement of the Old City with settlement enterprises, and a serious crisis between Israel and the Churches. This is not going away.”

According to Elad, the land in question was acquired in the framework of a 2004 transaction in which the Greek Orthodox Church sold the Little Petra Hotel and the Imperial Hotel – both highly prized properties in the Old City of Jerusalem – to the Ateret Cohanim settler organization. The Church leadership has since fought against Ateret Cohanim’s possession of the hotels, alleging the sale was fraudulent, but Israeli courts have ruled in favor of the settlers.

Settlers Initiate Renovations on Little Petra Hotel in the Old City

Israeli settlers appear to have begun renovations of the Little Petra Hotel inside the Old City of Jerusalem. The hotel – which is located at at the entrance of the Christian Quarter in the Old City of Jerusalem – came under the control of the Ateret Cohanim settlement organization through the highly contested and controversial sale of the building to the settler group by the Greek Orthodox Church. The Church alleges the deal was fraudulent and has fought to have the sale canceled by Israeli courts. To date, courts have upheld the sale of the hotel to Ateret Cohanim.

Pictures of the new renovations are alarming Palestinians, with the Palestinian Centre for Human Rights asserting that an internal and archaeologically significant wall has been destroyed. An official with the Israeli Antiquities Authority was pictured at the site during the renovations.

Settlers took over the first floor of the Little Petra Hotel in March 2022 but the legal battle over the properties dates back to 2004, when the Greek Orthodox Patriarchate agreed to sell three properties in the Old City to a foreign real estate company under three separate contracts. It did so not knowing that the radical settler group Ateret Cohanim was behind the transaction. News of the sales made headlines in early 2005.

Upon the revelation that Ateret Cohanim was the real buyer, the Greek Orthodox Patriarchate was deeply embarrassed and immediately sought to retain control of the properties. The Patriarchate alleged that the transactions involved corruption and bribery, arguing that the legal documents had been signed without permission by a finance employee. Dismissing the church’s arguments, in June 2020 the Supreme Court upheld prior rulings that the signatures on the legal documents were valid, with the finance employee acting as a legal proxy of the Patriarchate.

In Addition to controlling COGAT & Civil Administration, Smotrich Will Control State Legal Cases

New details have emerged on the massive power Netanyahu is transferring to extreme-right politician Bezalel Smotrich in the new coalition agreement.

As reported previously, Smotrich will become the Finance Minister and will also gain the authority to appoint a deputy ministry in the Defense Ministry who will be in charge of a newly created portfolio dubbed “Jewish settlement and open land.” Reports suggest Smotrich will appoint himself to this role, granting him control of both COGAT and the “Civil Administration,” [the arm of the Defense Ministry that operates, in effect, as the sovereign power over the West Bank] — giving him near total control over the civil affairs of Palestinians and Israeli settlers in the West Bank. In particular – as ACRI and Peace Now warn – Smotrich, who has for years sought to disband the Civil Administration and bring settlements under direct Israeli law, will move to quickly grant retroactive legalization to all illegal outposts, increase enforcement against “illegal” Palestianian construction in Area C [as a reminder, Palestinians wishing to build on their own land in Area C are virtually always refused Israeli permits to do, rendering virtually all Palestinian construction in Area C “illegal” according to Israel law], and promote massive settlement growth — all in an effort to effect the de facto annexation of Area C. 

Smotrich, in a new interview, spoke about his plans – saying:

“Today there are half a million people who live in Judea and Samaria, vote for the Knesset, serve in the army and pay taxes – but [are governed by] the army like in a Banana Republic. This does not make sense. The idea is that responsibility for the residents of Judea and Samaria should be returned to the government ministries…it is necessary to correct this distorted reality, which today manifests itself in planning and construction, in transportation, in the quality of the environment, and in infrastructure. When the Civil Administration was established, it was expressly determined that it would not deal at all with the Jewish residents of Judea and Samaria. The Oslo Accords stipulated that it was to be dissolved. This is a distortion that harms the public, harms the army, harms [national] consensus and it needs to be fixed. Our minister in the Ministry of Defense will have all the civilian powers over Judea and Samaria.”

In addition, the text of the coalition deal, published this week, reveals that Netanyahu has conceded further legal authority to Smotrich (or Smotrich’s appointee, should he not name himself to the deputy ministerial role in the Defense Ministry). Haaretz reports that in addition to effectively running COGAT and the Civil Administration, this deputy minister will also have approval power over legal cases within the Defense Ministry — a move which sidelines the military’s advocate general who has historically advised the Defense Minister on legal issues and formulated the State’s response to legal petitions related to Israeli actions in the West Bank. +972 Magazine explains:

“While the military advocate general has been hardly effective in protecting Palestinian land rights in the West Bank, it at least concedes formally that its actions are subject to the laws of belligerent occupation, which provide for the protection of Palestinians under international humanitarian law. In all likelihood, Smotrich’s lawyers will not concede even that. Third, Smotrich will have the power to authorize any legal position submitted to the Supreme Court in response to a petition relating to these issues. This would mean, for instance, that it is highly unlikely that the state will ever concede to the Court that land is privately owned by Palestinians, making it even harder for Palestinians to fight for their cases in an already hostile legal environment…With Smotrich in charge of the Civil Administration, and Ben Gvir in charge of the police forces, the stage is set for a de facto entity in the West Bank controlled by two rampant anti-Palestinian fundamentalists. As such, Palestinians are in clear and imminent danger, even beyond the dire circumstances already at hand. The human rights situation in the West Bank has long been horrific and rapidly deteriorating, but now, we are hurtling into uncharted territories.”

A full look at the cabinet Netanyahu is assembling is available here.

Bonus Reads

1. “They Were Hebron’s First Child Settlers. This Is How It Changed Their Lives” (Haaretz)

 

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

To subscribe to this report, please click here.

November 18, 2022

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

---

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

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

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

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

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

Ir Amim further explains the impact of these plans:

“Expanding the settlement towards the main entrance of Jabal Mukabber will infringe on the residents’ freedom of movement and further disrupt the fabric of life in the neighborhood. Prior experience show that during clashes and periods of tension and instability, Israel rushes to impose collective restrictions under the pretext of protecting Israeli settlers.”

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

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

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

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

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

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

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

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

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

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

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

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

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

Elad Continues Illegal Work in East Jerusalem Cemetery

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Settler Violence Continues to Surge

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

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

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

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

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

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

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

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

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

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

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

Bonus Reads

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

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

To subscribe to this report, please click here.

August 11, 2022

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

---

Israel Completes Secret Registration of New Land in East Jerusalem

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

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

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

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

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

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

The Israeli NGO Yesh Din said in response:

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

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

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

IDF Removes Settlers from Ramat Migron Outpost

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

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

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

As a reminder: In addition to the IDF retaining control over the Migron outpost site, Israel rewarded the settlers it forcibly removed from the outpost by promising to establish two new official settlements: “New Migron” as well as 184 housing units to be built east of the settlement of Adam (aka, Geva Binyamin). Construction of the “New Migron” settlement was completed in July 2020. All said, the two new settlements and temporary housing for the evicted settlers cost Israeli taxpayers millions of dollars – sending a clear message that settler law-breaking pays off.

This Week in Area C: Continued Annexation & Harassment

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

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

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

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

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

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

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

Update: Israeli University Defends Excavation Near Nabi Saleh

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

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

New Analysis of “Silicon Wadi” Project

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

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

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

Bonus Reads

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