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.

June 16, 2023

1. E-1 Hearing Canceled, Israel Announces Plan for 4,570 of New Settlement Units
2. Ir Amim Warns Plans for 7,000+ East Jerusalem Settlement Are on the Agenda
3. Homesh Outpost Connected to State Water Grid
4. Settlers Press for Jordan Valley Annexation
5. Israel Begins Work on New Industrial Zone Near Ramallah
6. Ghaith Sub Laban Family Under Eviction Order
7. New Report Shows Nearly Half of West Bank Land Taken By Israel “For Public Purposes” Has Gone for Exclusive Use of Settlers
8. Adalah Spells Out What Annexation Looks Like, Calls for Urgent Intervention
9. Bonus Reads

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E-1 Hearing Canceled, Israel Announces Plan for 4,500 of New Settlement Units

Haaretz reports that Prime Minister Netanyahu intervened to postpone a decisive hearing on plans to build the E-1 settlement that was set to take place on June 12th, with no new date set. The delay followed the typical international opposition to the E-1 settlement, which for decades has been viewed as a “dooms-day” settlement and treated a red line for countries pushing diplomatic efforts towards a two state solution. E-1 is also vehemently opposed by Palestinians and human rights activists because of the impact it will have on thousands of bedouin who live in the area slated for the settlements’ construction, just east of Jerusalem.

Daniel Seidemann – founder of Terrestrial Jerusalem and an expert on all things Jerusalem – commented on the cancellation of the E-1 hearing:

“This not at all trivial. But there is an iron-clad rule. Any time that Netanyahu does anything that can be seen as conciliatory, he compensates by doing other outrages, especially in Jerusalem, sometimes the West Bank.”

True to the format, some three days later, on June 12th, news broke that the Israeli government plans to advance 4,570 new settlement units at an upcoming meeting of the Civil Administration’s High Planning Council, set to convene near the end of June. 

Preliminary reports on what will be on the agenda indicates that 1,000 units will be up for final approval, including:

• 500 units in Givat Ze’ev
• 300+ units in Elkana
• 300+ units in Revava

Settlements plan which might be advanced through earlier stages of the planning process include:

• Givat Ze’ev (in addition to the 500 units up for final approval)
• Ma’ale Adumim
• Kiryat Arba
• Beitar Illit
• And a dozen more.

This will be the second time the High Planning Council meets this year, and will come some four months after Israel signed the Aqaba Agreement – in which Israel agreed to a four month freeze. Of course, there has been no such freeze in settlement planning, construction, and other annexation activities across the West Bank (as this weekly report has chronicled – all accomplished without convening the High Planning Council. As a reminder, in its first meeting in February 2023, the High Planning Council advanced the largest slate of settlement plans – 7,287 units –  in the past decade, including granting retroactive legalization to ten outposts.

Ir Amim Warns Plans for 7,000+ East Jerusalem Settlement Are on the Agenda

Ir Amim warns that – in addition to the actions that the High Planning Council might take in the West Bank – various other domestic Israeli authorities are poised to advance plans for over 7,000 new settlement units across East Jerusalem.

East Jerusalem settlement plans that are on the agenda of planning authorities include:

• Givat Hamatos A (“Tzmerot” Plan) – scheduled for June 12th, but no updates are available at the time of publication. This plan aims to massively expand the current construction outline for the Givat Hamatos settlement in East Jerusalem by adding 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).
• Givat Hamatos / New Talpiyot Hill – scheduled to be discussed by the Jerusalem Local Planning Committee on June 28th. This plan will expand the area of the Givat Hamatos settlement in East Jerusalem by 40%, more than doubling the number of housing units slated to be built there. It involves the construction of 3500 units and 1300 hotel rooms, to be built on a strategic strip of land that will expand the area of Givat Hamatos eastward, connecting it with another new settlement plan – the “Lower Aqueduct Plan.”
• Kidmat Zion – scheduled to be discussed by the Jerusalem Local Planning Council on July 12th. Kidmat Zion will be located between the Ras al-Amud neighborhood and the Israeli separation barrier, with the Abu Dis neighborhood on the other side of the wall. The settlement enclave will be accessible only by driving through densely populated areas of Ras Al-Amud; and,
• Ramot A and B -scheduled for discussion and approval for deposit for objections on June 26. These two plans, outlining a total of 1,918 units, for deposit for public review. Both plans will expand the existing settlement of Ramot northeastward towards the Palestinian town of Bir Nabala.  See more details from Ir Amim here. 

There are several additional plans for East Jerusalem settlements that, though unscheduled at the moment, are also important to watch: Givat HaShaked, Lower Aqueduct Plan, Nof Zahav, and the Wadi Joz (“Silicon Wadi”) project.

Ir Amim writes:

“Although the E1 plans were again halted due reportedly to international pressure, a spate of other detrimental settlement plans are moving forward at full force in East Jerusalem which require immediate attention.   

Against the backdrop of the 56th year anniversary of the Israeli occupation and illegal annexation of East Jerusalem, it is clear that such developments only continue to cement a one-state reality of permanent occupation and systematic oppression whereby one group is afforded full human and civil rights and the other is deprived of those rights.

In Jerusalem, one of the most severe expressions of this reality is the Israeli urban planning policy which aims to engineer Jewish demographic dominance, while pushing significant parts of the Palestinian population out of the city. In contrast to the thousands of housing units advanced annually for Israeli settlements in East Jerusalem, residential development in Palestinian areas is systematically suppressed and neglected, which undermines Palestinian rights to housing and serves as a lever of displacement.  

In the absence of equitable urban planning and housing solutions, Palestinians are either forced out of Jerusalem or compelled to construct homes without building permits, which subjects them to the threat of demolition. Between January 1-June 15, 2023, there have been 68 home demolitions across East Jerusalem under the pretext of lacking building permits. This marks a significant rise from 2022 for the same period.”

Homesh Outpost Connected to State Water Grid As Settlers Move In

Weeks after being moved some one hundred yards from its original location – – to a small island of land Israel believes to be “state land” amidst privately owned Palestinian land – – Homesh settlers have swiftly worked to build a more “permanent” yeshiva, which is already hosting 40-50 religious students. The illegal Homesh yeshiva is now connected to the Israel water system – becoming what Haaretz called an “irreversible reality.” Settlers are now agitating for the state to pave access roads, which will necessarily require the expropriation of private Palestinian land. 

Settlers have carried out their work to build a new Homesh yeshiva with the unofficial permission of the Israeli government (and an obedient IDF) even though their construction is illegal. Over the past few months, the Israeli government has taken several radical steps towards establishing a new settlement in the area of the former Homesh settlement – including the repeal of relevant clauses in the Disengagement Law and the issuance of a military order to allow an Israeli civilian presence in the area. Haaretz further revealed that a state-funded organization –  B’nai Horin-Neriya – has acted as a conduit to obscure the investment of state funds into the Homesh outpost. The organization has paid salaries of two Homesh yeshiva teachers since at least 2020.

Homesh was built on lands historically belonging to the Palestinian village of Burqa. The land was never returned to its Palestinian owners even after the settlement was dismantled in 2005.

In a new website promoting a campaign to stop the establishment of Homesh, Yesh Din – an Israeli NGO which has assisted Palestinians’ legal efforts to regain access to their land – writes: 

“For 45 years Israel has denied residents of the Palestinian village Burqa in the West Bank access to their privately-owned land where the Israeli settlement Homesh once stood. The private Palestinian lands were expropriated in 1978 through a military seizure order for ‘security’ needs and two years later the settlement of Homesh was erected there. For 25 years, several dozen Israeli families lived in the settlement until Israel evacuated Homesh in 2005 as part of the disengagement plan. Almost continuously since the evacuation, an illegal Israeli outpost has been present in this area. For over a decade, Yesh Din has been assisting the residents of Burqa in their persistent legal battle aimed at evacuating the outpost that was established on their lands and allowing them free and safe access to them.”

Settlers are celebrating their triumph at Homesh, and have continued to openly discuss their goals of reestablishing the three other settlements dismantled by the Israeli government as a result of the 2005 Disengagement Law.

Shmuel Wende, executive director of the Homesh Yeshivah for the past three-and-a-half year, told JNS: 

“We moved into our new permanent structure but had to do so in the middle of the night so as not to make a fuss. We are calling on the government to make this area 100% official, to pave roads, and go back to the way it was before the expulsion [disengagement].”

On the B’nai Horin-Neriya website – the state-funded organization which pays Homesh salaries and raises money to support constructions there –  boasts: 

“It’s not often in history that we get to see history taking shape in front of our eyes… this is one of the greatest events of the settlement enterprise to have taken place! The State of Israel is returning to northern Samaria!”

Settlers Press for the Annexation of the Jordan Valley

With a mounting number of victories, parts of the settler lobby are once again centering a longtime demand to annex the Jordan Valley. Justice Minister Levin and several other ministers offered supportive speeches and videos at a recent youth conference hosted by the “Sovereignty Movement”.

The Sovereignty Movement’s co-chair, Yehudit Katsover, said at the conference:

“We are beginning with the Jordan Valley. This is the eastern wall of the State of Israel and it must be strong. There is a broad consensus regarding the Jordan Valley. It is not an issue of Right and Left, It is clear to everyone that we must be here. Gantz also spoke about it at the time, the Prime Minister spoke about it, and opposition Knesset members proposed legislation on this issue. The Jordan Valley will be, with God’s help, under Israeli sovereignty, it’s only a matter of time. Of course, we are not relinquishing Judea and Samaria, but we are taking one step forward because the chance is greater in the Jordan Valley.”

Justice Minister Yariv Levin (Likud) said in a video  sent to the conference: 

“The Land of Israel, did, does, and will always belong to the people of Israel, as its name indicates. I am convinced that the joint effort that we have been exerting over the years to promote and strengthen our hold in the country and responsibly facilitate the application of Israeli law throughout the Land of Israel will ultimately produce results.”

Settlement and National Missions Minister, Orit Struk (Religious Zionism) said: 

“The Jordan Valley is the most important place for the application of Sovereignty because it is, in fact, the place that secures our current eastern border. Therefore, your gathering here today and your continued activity are crucial. It is important that you know that our government established the issue of sovereignty as part of its agenda. It is found in the guidelines of the government and it is found in its political program as an objective when it will become politically possible. There is an excellent chance that we are on the way to achieving that objective.”

Annexation of the Jordan Valley has, in the past, garnered serious effort from the Israeli government. During his 2019 campaign, Netanyahu announced that he would immediately annex the Jordan Valley if reelected, and presented an error-ridden map explaining how he would annex the area without annexing a single Palestinian. His plan called for the annexation of an area which constitutes nearly a quarter of the area of the West Bank (22.3%) where (at the time) 30 settlements and 18 outposts had been established. Peace Now estimated 20% of the targeted land (62,000 acres) is privately owned by Palestinians – a fact that Netanyahu did not even mention, much less explain how he would address. After being elected, Netanyahu faced international opposition to the plan, and in order to quiet the criticism while saving face with his base – Netanyahu formed an inter-ministerial task force dubbed the “Sovereignty Committee” to design a plan for the annexation of the Jordan Valley.

Israel Begins Work on New Industrial Zone Near Ramallah

Kerem Navot shares photographs of bulldozers appearing to begin clearing land just west of Ramallah, a site where Israel intends to build a new industrial zone. The new industrial zone was fully approved in 2016, and will be constructed along the “Apartheid Road” route. In addition to a commercial area, the development will include public buildings, stores, roads, a parking lot and open space.

Ghaith Sub Laban Family Under Eviction Order

On Sunday June 11th an eviction order came into effect allowing for the removal, at any moment, of the Ghaith Sub Laban family from their longtime home in the Old City of Jerusalem. The forcible removal of the couple was not carried out as of publication, and it is reported that the settlers behind the eviction have requested a flexible timeline for carrying out the eviction – normally two weeks. Meaning the Ghait h Sub Laban family is living under constant insecurity.

Since then, their streets outside of their home have been a near constant scene of protest and solidarity, with activists organizing to stop any attempts to forcibly remove the couple from their home.

The Ghaith-Sub Laban family has spent the past 40-years in a legal battle against settlers (and the State) over their home in the Muslim Quarter of the Old City of Jerusalem. This family’s story is not unique, and the broader, systemic processes behind the forcible dispossession of Palestinians in Jerusalem is also discussed. In March 2023, FMEP hosted Rafat Sub Laban and Ir Amim’s Amy Cohen on a podcast – “‘We Are Determined to Stay”: One Palestinian Family’s Story of Dispossession in Jerusalem” – to discuss the Sub Laban case and how it relates to broader State-back settler efforts to dispossess Palestinians across Jerusalem.

Ir Amim explains:

“The family of veteran Ir Amim staff member, Ahmad Sub Laban, has been embroiled in a 45-year legal battle against persistent attempts by the state and settler groups to displace them and takeover their home for Jewish settlement. The family rented the house in 1953 from the Hashemite Kingdom of Jordan and as such was afforded protected tenancy rights. After 45 years of recurring lawsuits and harassment by the Israeli authorities and settler organizations, the Supreme Court recently ruled to terminate the family’s protected tenancy status and evict them from their home.”

For a comprehensive overview of the Sub Laban family’s legal battle, as well as other East Jerusalem eviction cases, please see Ir Amim’s report.

New Report Shows Nearly Half of West Bank Land Taken By Israel “For Public Purposes” Has Gone for Exclusive Use of Settlers

In a first of its kind report published by the Israeli NGOs Kerem Navot and Haqel – entitled, “For the Common Good” – military orders from 1967-2022 are examined to show how the Israeli government has mis-used expropriation orders that are issued “for the public good” to give land to settlements and outposts.

After a thorough legal examination of Israel’s ability to expropriate West Bank land, the report closely examines all 313 expropriation orders, finding that out of a total of 74,000 dunams seized (over 18,000 acres):

• 50% of the land (37,000 dunams / 9,142 acres) now serves both Palestinians and Israelis. These orders were issued mainly to pave shared roads throughout the West Bank;
• 48% of the land (36,000 dunams / 8,895 acres) now serves Israeli settlers exclusively. Much of the land was eventually handed over for the construction of settlements and/or access roads to settlements;
• 2% (1,532 dunams / 378 acres) are now used by Palestinians only. 

The authors write:

“The conclusion of this study is evident: under the guise of its legal obligation to ensure the wellbeing of the Palestinian population in the West Bank, Israel has nevertheless expropriated extensive areas of land to promote the settlement project beginning in 1967. In some cases, it has done so while completely and blatantly ignoring its duty to ensure that the expropriated area is for the use of the Palestinian population, and in other, more sophisticated cases, it has done so by creating a dependency between the mutual interests of both Palestinian and settler populations.”

The issue of Israel’s use of expropriate orders to further the settlement movement is highly relevant to the events unfolding in the West Bank today, particularly in light of the government’s undisguised efforts to grant retroactive legalization to outposts that were built on land determined to be privately owned Palestinian land. On this score, the report offers this important history (p.22):

“Recently, the issue of expropriation for settlement purposes has been raised again when Attorney General Avichai Mandelblit approved the expropriation of private land in order to pave a road leading to the illegal outpost of Harasha. His legal opinion relied, among other things, on the verdict of Justice Salim Jubran in the HCJ Ziada case, which referred to settlers as part of the area’s ‘local population,’ rendering their welfare as the concern of the military commander. This position, as stated by the Attorney General, diverged from ‘the traditional legal position accepted for many years, according to which the expropriation of private land for public purposes that serve Israeli settlement may be allowed only when it also serves the Palestinian population”. In the summary of his opinion he stated that in light of the final verdict, there is no longer any legal principle that impedes the promotion of a regulated access road to the Harasha outpost by way of expropriation for public purposes, subject to criteria based on proportionality and reasonability. Note that afterwards, as part of a request for an additional hearing in the HCJ Ziada case given its precedents, including the allowance to take possession of private Palestinian land for the exclusive benefit of settlers, Supreme Court President Esther Hayut stated that “indeed, as noted by the plaintiffs, it appears that the verdict contradicts previous law in this context, and presents both renewal and difficulty”. 

After the hearing in the HCJ Ziada case, the court addressed this issue directly as part of the petitions against the Regulation Law. Supreme Court President Hayut ruled with the majority opinion: 

‘Indeed, as this court ruled, the military commander is entitled by the power of his authority according to Article 43 of the Hague Regulations to consider the benefit of the local population in its entirety as well, including the Israeli population in the area (the Abu Safia issue, in paragraph 20). However, as far as we are concerned with the question of “public purpose” according to the expropriation laws applicable in the area, I do not find that these allow the expropriation of private land owned by Palestinians or claimed to have proprietary relations, for the purpose of building and expanding Israeli settlements, and for that purpose alone.’

Thus, the court reverted to the traditional legal position whereby Palestinians’ private land must not be expropriated to serve the needs of the Israeli settler population exclusively.”

Adalah Spells Out What Annexation Looks Like, Calls for Urgent Intervention

The Palestinian NGO Adalah issued a blistering paper showing the ongoing ways in which the Israeli government is annexing Palestinians lands in the West Bank. The short and to the point document calls on the international community to intervene to stop Israel’s actions. 

Joining a chorus of other analysts asserting that annexation is happening via bureaucratic changes within the Israeli government, Adalah’s analysis offers a detailed accounting of how the current Israeli government has brought the West Bank under the control of its civilian government.

The report concludes:

“The Israeli government is working systematically to implement the policy goals declared in its coalition agreements. Its actions express an intention to continue to entrench a regime of Jewish supremacy that grants the Jewish people an exclusive right to self-determination, as enshrined in the 2018 Basic Law: Israel- the Nation-State of the Jewish People, and to extend it beyond the Green Line into occupied Palestinian territory. All of the government’s declarations and actions demonstrate that its stated intention is not merely de facto annexation camouflaged in the framework of a temporary occupation but annexation de jure, in flagrant violation of international law. 

The measures adopted by the government and the legislation approved by the Knesset thus far clearly reveal the trend of transferring parts of the military regime’s sphere of operation associated with the settlements to various Israeli government offices. The concept regarding the unification of laws between the localities in Israel and the settlements is expressed in a most alarming way in the aforementioned decisions. 

These measures and laws deepen and expand the subjugation and oppression of the Palestinian people and express the total denial of their right to self-determination in their homeland, while implementing laws and institutional measures which, in practice, bypass the applicability of IHL and replace it with domestic Israeli law. 

These decisions constitute annexation of parts of the West Bank, wherein a variety of government ministries will administer the settlements and, in practice, manage occupied territories as if they were an integral part of Israeli territory. Hence, these decisions will lead to the deepening of the de facto annexation of occupied territories and could be considered part of a de jure annexation process, in absolute violation of the laws of occupation.”

Bonus Reads

“Israel’s military called the settler attack on this Palestinian town a ‘pogrom.’ Videos show soldiers did little to stop it” (CNN)

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

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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.

January 13, 2023

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

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New Givat Hamatos Expansion Plan

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

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

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

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

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

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

Israel Carries Out Demolitions in Area B

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

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

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

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

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

MK Danon Unveils Jordan Valley Annexation Bill

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

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

Settlers Demand Fast-Tracked “Regularization” of Outposts

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

The Forum said in a statement:

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

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

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

Peace Now Releases 2023 Settlement Map

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

Adalah Publishes Detailed Analysis of New Israeli Coalition Deal

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

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

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

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

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

To subscribe to this report, please click here.

August 4, 2022

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

 

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

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

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

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

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

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

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

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

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

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

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

Yesh Din writes on the significance of this ruling:

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

In +972 Magazine, Orly Noy writes:

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

Settlers Acquire Another Home in Downtown Hebron

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

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

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

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

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

Elad Closes Palestinian Access Road Near Sambuski Cemetary in Silwan 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Haqel and Emek Shaveh further explain:

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

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

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

 

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

Bonus Reads

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

 

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

July 30, 2021

1. Sheikh Jarrah Updates: Court Issues Delays for Three Cases; Bennett Reportedly Considering Delaying Four Others
2. In First Since Settlement Regulation Law Was Overturned, Israel Announces Intent to Demolish Settlement Buildings on Privately Owned Palestinian Land
3. Elad Settler Group Loses Control Over East Jerusalem Holy Site/Archaeological Park
4. Knesset Votes Down West Bank Annexation Bill, Condemns Ben & Jerry’s
5. State Allows (& Funds) “Farming Outposts” to Graze Huge Tracts of West Bank Land
6. Outpost Activity Continues in the South Hebron Hills
7. Israeli Army Let Settlers Stay at Abandoned Base Despite Knowing Plans for Illegal Outpost
8. Bonus Reads

Comments or questions? Email Kristin McCarthy – kmccarthy@fmep.org.

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Sheikh Jarrah Updates: Court Issues Delays for Three Cases; Bennett Reportedly Considering Delaying Four Others

On July 29th, the Israeli Supreme Court issued notices delaying the forcible displacement of three families (Dajani, Hammad, and Dahoudi) from their longtime homes in the Sheikh Jarrah neighborhood of East Jerusalem. The eviction orders were set to become enforceable on Sunday August 1st, but the Court has halted the evictions while an appeal filed by the Palestinian families is dealt with.

Also sheduled for August  2nd, the Supreme Court is currently set to hold a final hearing to decide on the fate of four other Palestinian families (Jaouni, Iskafi, al-Kurd, and al-Qadi) facing forcible eviction in Sheikh Jarrah. According to press reports, Prime Minister Naftali Bennett is considering delaying the final hearing (thus stopping the evictions for the time being). Notably, reports suggest Bennett is looking not to cancel the evictions but only to postpone a final decision on them – a postponement that could be reversed at any time at the whim of the Prime Minister (for example, when the world’s attention is elsewhere).

In an op-ed in The Guardian, Mohammad El-Kurd – whose family is facing eviction – powerfully wrote:

“On 2 August, the Israeli supreme court, whose jurisdiction over the eastern part of Jerusalem defies international law, is set to decide whether it will allow the appeal of my family and three others – a last legal obstacle before we can be expelled. There have been postponements before. Palestinians are accustomed to this kind of stalling; it tests our stamina. But we are as stubborn as anyone else faced with the prospect of losing their home – their life, their memories – to those using force, intimidation and biased laws. In the face of this cruelty, and despite teargas and skunk water, we are resisting. We cannot allow them to steal our homes once more, and we refuse to continue living in refugee camps while colonisers live in our houses. We cannot let them throw more of us on to the streets. We are tired of being turned into a refugee population, neighbourhood after neighbourhood, one home at a time. I have no faith in the Israeli judicial system; it is a part of the settler-colonial state, built by settlers for settlers. Nor do I expect any of the international governments who have been deeply complicit in Israel’s colonial enterprise to intervene on our behalf. But I do have faith in those people around the world who protest and pressure their governments to end what is essentially unconditional support for Israeli policies. Impunity and war crimes will not be stopped by statements of condemnation and raised eyebrows. We Palestinians have repeatedly articulated what kind of transformative political measures must be taken – such as civil society boycotts and state-level sanctions. The problem is not ignorance, it is inaction.”

In First Since Settlement Regulation Law Was Overturned, Israel Announces Intent to Demolish Settlement Buildings on Privately Owned Palestinian Land

On July 28th, the Israeli Attorney General’s office informed the High Court of Justice that within three years (!!) it plans to carry out the demolition of two buildings built by settlers on privately owned Palestinian land located inside of the Eli settlement, in the context of a petition filed in 2011 by Palestinian land owners with the assistance of Yesh Din and Bimkom. Notably, the underlying legal petition sought the demolition of a total of 20 buildings constructed illegally on private Palestinian land, 18 of which Israel granted retroactive legalization in February 2020.

According to the Jerusalem Post, this is the first instance of the Court resuming looking at a case of this kind since the Settlement Regulation Law was overturned by the Court in June 2020. Previously, all cases involving illegal construction inside of settlements had been frozen while the Court considered the constitutionality of the law, which sought to create a legal basis by which Israel would be able to grant retroactive legalization to outposts and settlement structures built on land that even Israel acknowledges is privately owned by Palestinians.

In resuming its consideration of the case, the Court first asked to be updated on the State’s reexamination of the status of the land in hopes of finding a means by which to retroactively legalize the illegal construction, despite the fact that a previous government effort confirmed that the two buildings fall outside of the boundaries of state-owned land. With no other avenue available to “legalize” the construction, the State informed the Court this week that it intends to demolish the structures after the three years, which it claimed was the amount of time required to provide new housing for the four affected settler families [demonstrating, as always, that settler law-breakers are never punished and always rewarded]. This long delay also suggests that the State will continue to look for new ways to avoid demolishing the homes.

Leaders of the Land of Israel Lobby in the Knesset, MKs Yoav Kisch and Orit Strock, told Israel Hayom:

 “This week, the government informed the High Court of Justice that it agrees to demolish the homes of four families in Eli. This is a horrifying, shocking announcement. Rather than preventing the destruction of Jewish homes in Judea and Samaria, the government is busy regulating the illegal construction crimes in the Bedouin sector. This is a badge of shame for the government, which is freezing construction, as well as going back on all its promises to regulate [settlements] and also demolishing Jews’ homes.”

Yisrael Gantz – who heads the Benyamim settler regional council –  said:

“We are surprised that the government is falling in line with the Arab petitioners and announcing that it will, heaven forbid, demolish two homes where families have been living for years, which are part of a living, vibrant neighborhood. Razing a home whose status was legal and which a new review by the Civil Administration left outside the settlement’s borders is a new low in crimes against settlement in Judea and Samaria. These two homes are just a preview. We have hundreds of homes with similar status in the Binyamin settlements and thousands throughout the settlements as a whole that suddenly found themselves outside the new ‘blue lines’ drawn in the Civil Administration’s work. No normal country would demolish homes in a situation like this.”

Elad Settler Group Loses Control Over East Jerusalem Holy Site/Archaeological Park

On July 1st, the State of Israel re-asserted control over a significant and highly sensitive archaeological and holy  site – the Davidson Archaeological Park – located just outside of the walls of the Temple Mount/Haram Al-Sharif. The park, which includes most notably tunnels that run directly from the Western Wall plaza to the settler-run Davidson Center in Silawn – had been run by the Elad settler organization since 2018, when the State willingly transferred its authority to Elad to operate the park. 

In 2015 the Israeli NGO Emek Shaveh, which is made up of archeological experts,  filed a petition against Elad’s role at the park, arguing that “it is highly problematic to place the running or management of a holy site that is situated alongside the Western Wall foundations in the hands of a private and politicized organization.”  Emek Shaveh’s argument mirrored an opinion issued by Israel’s Attorney General which held that holy sites should be managed by the State.

Notably, the end of the state’s contract with Elad regarding the Davidson Park reduces but does not eliminate Elad’s role in managing key sites in Jerusalem. Elad continues to operate the nearby City of David archaeological park (just outside the Old City’s walls), where it has been advancing numerous settlement projects meant to strengthen its control over the area and displace Palestinians.

Emek Shaveh said in a statement: 

“We are pleased that the authorities have put an end to a highly problematic arrangement whereby a private right-wing organization is operating an important site situated in perhaps the most sensitive place in the region. We hope that in the future the State will take full responsibility for additional sites which it handed over to the settlers’ foundation. The City of David is, no doubt, the next site that ought to be returned to full management by the State. Emek Shaveh’s case regarding the tunnel linking the Davidson Center to Givati is still ongoing.”

Knesset Votes Down West Bank Annexation Bill, Condemns Ben & Jerry’s

In a July 28th preliminary vote the Knesset rejected, by a relatively slim margin (64 to 50), a bill to annex the entire West Bank. Members of Prime Minister Naftali Bennett’s ruling party, Yamina, voted against the bill. The bill had been submitted by members of the Likud party, which is now in the opposition after 15 years of being the most powerful party in the country and having had the ability to pass such a bill if desired. One of the bill’s cosponsors, Miki Zohar, said after the vote:

“You promised again and again that you will take action to bring about sovereignty over Judea and Samaria and you once again broke your word,” Zohar said. “You once again proved that you have no ideology and that no values are holy for you except for keeping your cabinet seats.”

Justice Minister Gideon Sa’ar (New Hope) responded, saying:

“I heard MK Mikki Zohar relating to the fact that in the last administration, Netanyahu wanted to apply sovereignty but Blue and White prevented him from doing so. And I was just thinking to myself, ‘How far from the truth can you get?’…So you, MK Zohar, party whip for the Likud in the last Knesset, could have brought this bill up in the last Netanyahu government, during the Trump administration, during the amazing window of opportunity – you could have submitted the sovereignty bill and had a majority in the Knesset.”

Around the same time this bill was voted on, 90 members of the Knesset, including Yamina members, signed a letter calling on Ben & Jerry’s to reverse its decision to end sales in the occupied West Bank. The letter refers to settlements as “towns and cities in Israel” – a statement tantamount to a declaration of de facto – if not official – annexation. Notably, 6 MKs – from Labor and Meretz – subsequently removed their names for the letter, claiming that they signed on without seeing the final wording, and that the final wording does not reflect their views.

State Allows (& Funds) “Farming Outposts” to Graze Huge Tracts of West Bank Land

In response to a Peace Now inquiry, the Israeli Agricultural Ministry revealed that it has granted permits to unauthorized (i.e., illegal under even Israel law) agricultural outposts to use over 2,000 acres (8,500 dunams) of land in the West Bank for grazing, in a program which entrenches and expands the outposts’ illegal presence across the West Bank. 

And if that wasn’t enough of a scandal, the Ministry confirmed that it provided sizable grants – totalling over $800,000 (2.6 million NIS) over the past few years – to at least three settlement organizations for the purpose of bringing volunteers to these outposts – which, again, are illegal even under Israeli law – to work the land. Notably, these settler organizations publicly boast about their farming activities with respect to a total of 50 farming outposts, suggesting that settlers are making use of far more than the 2,000 acres permitted by the Ministry (the Ministry clarified that it funds activities only related to the areas where settlers are authorized to work — so apparently they see no problem].

Peace Now said:

“The Ministry of Agriculture takes millions of Shekels of public monies and give them to associations which are intrinsically linked to illegal activity. If the government wants to stop more outposts such as “Evyatar” from existing, and to stop the small group of ideological settlers who allow themselves to set facts on the ground that determines the foreign and security policies for Israel, it must change its ways immediately and stop supporting outposts and illegal activities”.

Two of the outposts to which the Agricultural Ministry awarded grazing permits are located in the south Hebron hills, on land that is privately owned by Palestinians.  One of those outposts, established by a settler named Shavti Kohslaviski, has active demolition orders issued against it. A third outpost that received grazing permits is located near the Elon Moreh settlement, on a site that is partially privately owned Palestinian land that Israel has made inaccessible to its Palestinian owners but on which settlers regularly trespass . 

Israeli Army Let Settlers Stay at Abandoned Base Despite Knowing Plans for Illegal Outpost

Kerem Navot reports that on July 23rd, dozens of settlers were allowed to stay at an abandoned military base in the Jordan Valley with permission of the Israeli army. The Israeli Commander in charge of the area reportedly said that he granted permission for the settlers to hike in the area and spend one night at the army base – – despite the fact that the settlers openly declared their intent to establish a permanent presence there. The settlers left after two nights at the site, though a government source told Haaretz that the problem will continue to linger, saying “the minute the brigade commander allowed this one time, they will go up there regularly, when they feel like it, with or without permission, and the defense establishment will have to start dealing with it.” 

Kerem Navot reports:

“The organization that is behind this current takeover attempt is called “Nahala.” Nahala is the same group behind the takeover of Mount Sbeih south of the village of Beita, upon which the outpost of Eviatar was founded two months ago, and operates behind a fictional NGO (which we wrote about not long ago- https://bit.ly/3763yJW). Yes, you understood that correctly: The same people who broke the law when they established the outpost Eviatar, are advancing a new aggressive takeover of lands that do not belong to them, instead of standing trial. Welcome to the West Bank.”

Outpost Activity Continues in the South Hebron Hills

On July 25th, Palestinian media reported that settlers have begun reestablishing an outpost in the south Herbron hills, near the town of Yatta. Settlers had abandoned the outpost a few months ago under regular protests by Palestinians.

On July 27th, the Israeli government dismantled another outpost – called “Beit Dror” by settlers – in the south Hebron hills. There were seven families of settlers living at the outpost in pre-fabricated homes which were removed from the area by cranes. Following the evacuation, the settlers held a cornerstone-laying ceremony at the site, vowing to return and permanently build on the land. 

Bonus Reads

1. “Over 140 Palestinians hurt after Israeli troops attack anti-settlement protesters” (The New Arab)
2. “A water spring in the occupied Jordan Valley targeted for takeover by Israeli settlers” (WAFA)
3. “Palestinian teenager killed by Israeli troops in West Bank” (The New Arab)
4. “Ben & Jerry’s Is Shunning Israeli Settlements. The U.S. Should Too” (DAWN)

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

November 6, 2020

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

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

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

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

A PLO Spokeswoman said:

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

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

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

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

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

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

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

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

B’Tselem said in a statement:

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

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

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

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

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

The European Union said in a statement:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

B’Tselem spokesperson Sarit Michaeli tweeted:

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

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

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

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

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

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

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

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

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

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

Emek Shaveh writes:

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

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

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

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

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

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

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

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

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

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

Knesset Land Caucus Plots Way Forward on Outpost Legalization

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

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

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

Bonus Reads

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

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

October 23, 2020

1. Following Wave of New Settlement Approvals, Israel Advances Plans for New Settler Bypass Roads
2. Settler Violence (Predictably) Spikes During Olive Harvest, IDF (Predictably) Fails to Intervene
3. Settlers Establish New Outpost in  Jordan Valley to Expand Maskiyot Settlement
4. Israel Increasing Demolitions of Palestinian Construction in Second Half of 2020
5. The Return of Economic “Peace” Schemes: Judea and Samaria Business Council Holds Virtual Summit, Praises Abraham Accords as Model for “Peace”
6. CONFIRMED: Tekoa Settles Illegally Built on Palestinian Land
7. Friedman Reiterates Trump Admin Support for Settlements & Outposts
8. Bonus Reads

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

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Following Wave of New Settlement Approvals, Israel Advances Plans for New Settler Bypass Roads 

This week Israeli authorities advanced plans for the construction of three new settler bypass roads. The advancement of the plans comes just a week after the High Planning Council advanced plans for the construction of 4,948 new settlement units (in addition to the retroactive legalization of hundreds of existing units and approval of 4 major non-residential settlement construction projects). 

Specifically,  a special committee within the Israeli Finance Ministry approved a tender for the construction of the Huwwara Bypass Road, a new road designed to enable settler traffic from the Nablus area to bypass the the Palestinian village of Huwwara (which is an area with heavy traffic congestion from daily commuters) in order to more easily/directly access Jerusalem. This bypass road has long been a top priority for the settlers, who have complained about the long commute to Jerusalem and the limit this puts on the potential for growth of Nablus-area settlements; the radical/violent Yitzhar settlement will benefit from the bypass road, along with the settlements of Har Bracha, Itamar, and Elon Moreh. Building the road also gained urgency for the settlers after the release of the Trump Plan’s conceptual map, which left the area where the road is slated to be built within the borders a future Palestinian “state.”

Peace Now told FMEP via email:

“This bypass road was primarily built for the far-flung Israeli settlements around Nablus. As we see throughout the West Bank, when road infrastructure is improved for settlements, they grow rapidly, sometimes even doubling in size in the space of a decade. This bypass road will entrench the occupation, not to mention violate Palestinian rights as protected rights holders under international law.” 

In addition to the Huwara bypass road, Ir Amim reports that the Israeli Civil Administration deposited for public review two plans for the construction of settler bypass roads in the Greater Jerusalem area (plans “YOSH-938” and “YOSH-926”). Now that plans have been deposited for public review, a 60-day public comment period has opened, after which the Civil Administration can grant final approval for the construction of these two new settler bypass roads.

The first of the Jerusalem-area plans deposited for public review this week relates to the area south of Jerusalem. This plan will enable the permanent legalization of an existing bypass road – Road 385 – which connects the Har Gilo settlement to the area south of Bethlehem area, by bypassing the Palestinian village of Al-Walaja, located just south of Jerusalem (part of Al-Walajah is in fact inside the expanded Jerusalem Municipality border). That road is built on privately-owned Palestinian land that Israel seized 25 years ago via a military confiscation order. In order for the road to become a legal (in the eyes of the Israeli planning law) access road to the site of the future Har Gilo West settlement, the plan for which was approved for deposit last week, the land on which the road was built needs to be permanently seized by Israel. This plan, along with the construction of Har Gilo West and Givat Hamatos, will leave Al-Walaja completely encircled by Israeli settlements and settlement infrastructure. Ir Amim reports how Israel plans to justify and carry out this land seizure, and its impacts:

“the Israeli Civil Administration wishes to justify its confiscation of Palestinian private lands needed for the construction of the road by claiming that it will also serve Palestinian traffic. This claim would clearly be false as the road only leads into Jerusalem along a route from which Palestinian traffic is blocked by Israeli checkpoints. Furthermore, as previously reported by Ir Amim, Israel is planning to relocate the checkpoint on this road farther away from Jerusalem and closer to Walaja. The planned expansion of Har Gilo by 560 housing units – an addition which will more than double the current size of Har Gilo – is located adjacent to Al-Walaja from the west and will result in the village’s complete isolation. Israel constructed the Separation Barrier in a route that surrounds Al-Walaja on three sides very close to the built-up area of the village; this has left the village only with the possibility to develop westwards where the barrier is not built. These lands on the west side of Al-Walaja are now targeted for the new settlement which, along with the Separation Barrier, will complete the encirclement of Al-Walaja in all directions. The village has already  lost more than a thousand dunams of land which were cut off by the Separation Barrier and declared by Israel as the Nahal Rephaim National Park. The Separation Barrier, National Park, and planned settlement combine to turn Al-Walaja into an isolated enclave cutoff from the Bethlehem area while they serve as a connection between Jerusalem and the settlements to its south.”

The second of the Jerusalem-area plans deposited for public review this week relates to the area north and east of Jerusalem. It is designed to enable settler traffic bypass the Palestinian villages of Al-Ram, Qalandiya, and Ramallah (including a new tunnel under the Qalandiya checkpoint which Palestinians must pass through on foot to access Jersusalem) in order to more easily access Jerusalem. This plan specifically serves a cluster of settlements, located deep inside the West Bank, that Netanyahu has dubbed a “fourth settlement bloc” in an effort to designate the area as one over which Israel will never relinquish control. This “bloc” includes the settlements of Adam, Kochav Yaakov, Ofra, and Beit El – almost all of which received construction approvals last week (as a reminder, Beit El is the settlement which Ambassador David Friedman has long supported, serving as the head of the US organization supporting Beit El until just before he was named ambassador).

In order to construct this new bypass road, Israel will need to expropriate privately owned Palestinian land, and justifies doing so on the patently false claim that the road will provide a benefit both to Palestinians and to settlers. Ir Amim explains: 

“…the Civil Administration claims that the road will also serve Palestinian traffic and for that purpose an interchange nearby Qalandia will connect it to the road to Ramallah. But when examining the schedule for construction of the road, it is clear that this interchange is scheduled to be operational only in the year 2040 – many years after the road serving settler traffic is scheduled to open. The fact that Israel is advancing large scale plans for 20 years into the future demonstrates Israeli intentions regarding its control of the area for decades to come.”

Regarding even further consequences of this new bypass road, Ir Amim writes:

“The planned road will also cut through the A-Ram and Qalandia area between A-Ram and Ramallah. Today there are no settlements in this area nor is settler traffic passing through it. It is telling that during the discussion the planners explained that the route of the road was designed to pass a distance away from the Kochav Yaakov settlement and close to the town of A-Ram. As in many other cases, this means that the road leaves a large area next to the settlements enabling its future expansion, while its construction will serve to limit the possibility of A-Ram’s future development.”

Settler Violence (Predictably) Spikes During Olive Harvest, IDF (Predictably) Fails to Intervene 

As has become the norm, Israeli settlers have stepped up their violent aggression against Palestinians and their property during the current olive harvest season (which comes in January and October each year). Yesh Din has documented 25 violent incidents since the beginning of the harvest season, with Haaretz reporting on data that shows 5 violent assaults against Palestinians and the destruction of 62 olive trees during the first week of harvest alone.

Ghassan Daglas, who monitors settlement activity for the Palestinian Authority, told Haaretz:

“This year we are seeing larger groups, sometimes dozens at a time, entering the groves, causing damage and attacking while the army looks on. From year to year they only reduce the territory where Palestinians are allowed to harvest, and at the same time the settlements grow larger and during harvest time this leads to violent confrontations. It’s intolerable, we don’t have the tools to handle this. If you’re looking for a key sign of what occupation is about, it’s what’s happening in the olive groves.”

To closely follow the violent incidents, here are the key groups to follow:

• Yesh Din’s Facebook page, and staff on Twitter:
  • Lior Amihai (@lioramihai);
  • Sharona Weiss (@sharona_weiss).
• B’Tselem’s website and newsletter;
• OCHA oPt’s essential newsletter.

Settlers Establish New Outpost in  Jordan Valley to Expand Maskiyot Settlement

WAFA news reports that settlers from the Maskiyot settlement in the Jordan Valley have built a new structure just west of the settlement in order to keep and tend to their livestock. Aref Daraghmeh, a local activist, called this practice of unauthorized settlement construction a “silent policy of eating up more Palestinian land”.

Last week FMEP covered a separate report concerning yet another new settler outpost in the Jordan Valley. This  illegal – but as of yet un-demolished –  settler construction stands in sharp contrast to Israel’s escalating policy of demolitions against unauthorized Palestinian construction (undertaken by Palestinians on their own lands), discussed in the next section.

Israel Increasing Demolitions of Palestinian Construction in Second Half of 2020

In a new report, the Palestinian human rights organization Al-Haq notes how the monthly average number of Israeli demolitions of Palestinian property in the occupied Palestinian territory has nearly doubled – from a monthly average of 31 demolitions from January to June to a monthly average of 58 demolitions from July through September. Both figures are much higher than previous years – which saw an monthly average of 30 demolitions in 2019 and 22 in 2018.

Al Haq writes:

“this policy of unlawfully demolishing Palestinian buildings and structures, taken alongside many other similarly unlawful policies and actions, reveal Israel’s intention to forcibly transfer Palestinian communities from their homes. Settlement construction and expansion, exploitation of natural resources, restricting movement and access, the application of a discriminatory planning policy, and the virtual impossibility of obtaining building permits create a coercive environment for Palestinians, which amounts to direct and indirect forcible transfer, prohibited under the Fourth Geneva Convention and which may constitute a war crime and a crime against humanity. [2] Moreover, having their properties demolished and destroyed, the Palestinian people are deprived of their right to develop their resources, and are ultimately denied from exercising their right to self-determination.”

The Return of Economic “Peace” Schemes: Judea and Samaria Business Council Holds Virtual Summit, Praises Abraham Accords as Model for “Peace”

The Judea and Samaria Chamber of Commerce (JSCC) – a settler-creeated, settler-led body that promotes itself as a joint Israeli-Palestinian model for advanceing economic peace (despite lacking any meaningful buy-in from the Palestinian business community) – recently co-hosted a virtual conference entitled the “Israeli-Palestinian Economic Forum” (IPEF 2020). During the conference, the JSCC’s President Avi Zimmerman announced that two companies were selected to receive $150,000 in kick-start funds (one is an Israeli-run renewable energy company and the second is a Palestinian-run digital health company). Zimmerman further announced plans to launch a “Israeli-Palestinian business accelerator” in early 2021.

The last time FMEP covered the JSCC was in December 2019 when Ashraf Jabari — the Chamber’s only Palestinian member apparently willing to speak publicly — was in Washington lobbying Congress to fund economic peace projects. As a reminder, economic “coexistence” initiatives like the JSCC are in fact efforts to normalize, entrench, and reward Israeli settlements while perpetuating Israel’s economic exploitation of occupied territory (including the local workforce, land, and other natural resources). Congressional support for such initiatives could mean U.S. taxpayer dollars going directly (and publicly) to the settlements.

In addition to the new projects and funding, Zimmerman and many speakers at the summit hailed the Abraham Accords, which were recently signed between Israel, the UAE, and the US. According to reports, as part of the new accords, a joint fund will soon be launched and is expected to finance the renovation of Israeli operated checkpoints throughout the West Bank — in effect, bringing the UAE into the game of financing and normalizing permanent occupation..

Connecting the Abraham Accords to the JSCC’s work, Zimmerman told the JNS news outlet:

“there is a window of opportunity for Israeli-Palestinian economic partnerships to flourish following the monumental Abraham Accords.”

Appearing at the virtual conference, Israel’s Minister of Regional Cooperation Ofir Akunis said:

“peace through economic strength is the right formula for true peace in the Middle East.”

Ashraf Jabari – who even today is still one of the very few (and the most public-facing) Palestinian businessmen to join the projfect – said:

“this is the next stage of Palestinian-Israeli economic cooperation. There are countless opportunities for our neighboring communities to create business partnerships, but there are some who don’t want our shared success to be public. Fortunately, market forces are stronger than politics. Our growing relationships will continue to lead the way.”

CONFIRMED: Tekoa Settlers Illegally Built on Palestinian Land

Kerem Navot reports that the Civil Administration finally published an updated map of the Tekoa settlement definitively showing that settlers have been illegally (and knowingly) developing land located beyond the settlement’s legal (according to Israel) boundaries. The land in question was confirmed to be outside of Tekoa’s borders in 2000, when the Israeli Blue Line team issued its maps; nonetheless, Tekoa settlers went ahead and built on it anyway. 

Kerem Navot contends that the Civil Administration delayed publication of the new map since February 2019, in the hopes that the Knesset’s passage of the Regulation Law would offer the State an avenue for granting retroactive legalization to the illegal construction on private Palestinian land, which amounts to 80 houses, located on 27 plots of land which were widely known by the settlers to fall outside of the settlement’s borders. The Regulation Law was overturned by the High Court of Justice in June 2020, and Israel’s alternative to that law – utilizing the “market regulation” principle, which enables the legalization of illegal construction undertaken by settlers “in good faith” – cannot, in any reasonable interpretation of the concept, be applied to the Tekoa case, since the buildings were constructed by the settlers with full knowledge that the land was not allotted to the settlement.

Kerem Navot writes:

“And what about the settlers who will soon tell everyone that this was, once again, only a mistake, made in “good faith”? What did they know before the work began? Note the answer that the Civil Administration gave in response to an article that was published by a resident of the settlement Tekoa, Yehuda Yifrach, who also serves as Israeli newspaper Makor Rishon’s ‘legal commentator’ (without, of course, properly disclosing that he lives in Tekoa): ‘As for the case mentioned in Tekoa–we emphasize that the council has long known what the correct boundaries are for the declared state land where the settlement is located, and in spite of this, has been granting exceptional building permits for these areas over the last two years.’ “In other words, the Civil Administration basically said that the Gush Etzion Regional Council (which the Tekoa settlement is part of) knew all along that construction was being done on private property that is forbidden to build upon, and chose to build in that area anyway.”

Friedman Reiterates Trump Admin Support for Settlements & Outposts

In what should be news to no one, this week U.S. Ambassador to Israel David Friedman once again made it clear that the Trump Administration supports the permanency of all of Israel’s settlements and outposts in the West Bank. Friedman said:

“The position of the United States is that Jewish communities in Judea and Samaria will never be evacuated. We will never ask any community in Judea and Samaria to ever disband.”

Addressing why the Trump Administration has delayed recognizing Israel’s sovereignty over the settlements in favor of normalization deals with the UAE and others, Friedman said:

“there are Israeli flags flying in Hebron, Shiloh, Gush Etzion, Eli, and under our plan they will be flying there forever, so it is not an immediate concern.”

Friedman made the comments at a conference convened by the Kohelet Policy Forum, the Shiloh Forum, and Israel Hayom – a triumvirate of organizations leading the fight for “Greater Israel” —  to discuss (read: celebrate) the signing of the “Abraham Accords” between the UAE, Israel, and the United States.

Bonus Reads

1. “Exclusive: Documents reveal decades of close cooperation between JNF and Elad“ (+972 Magazine)
2. “Israeli construction plans for West Bank raise tensions with Europe.” (Media Line)
3. “Republicans in Israel chair: I hope Trump will formalize West Bank outposts” (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.

June 19, 2020

1. High Court Overturns Settlement Regulation Law
   
   • Does It Matter?
2. Israel Starts Construction on Major New Settler Bypass Road  in East Jerusalem
3. Israel Announces New Opening Date for Givat Hamatos Settlement Tender
4. Top Court Orders Israel to Explain Failure to Enforce Building Laws in West Bank
5. Israel Government Pauses Settler-Backed Excavation in Silwan, Tacitly Acknowledging Impacts on Palestinian Residents
6. Israel Demolishes Structures in Two Outposts, Arrests 13 Settlers
7. Israel Continues Prepping for Annexation
8. With New Phased Plan, Netanyahu Said to Be Ready to Implement Annexation With or Without Gantz’s Support
9. Gantz Suggests Annexing Two Large “Consensus” Settlement Areas First
10. Amb. David Friedman Tries, Fails to Broker Annexation Agreement Between Israeli Leaders
11. Settlers Continue Opposing Key Parts of Trump Plan, But Offer Support for Phased Approach
12. “Hilltop Youth” Launch Campaign to Stop Trump Plan, Claim Land in Area A of West Bank
13. Settler Group Raises Concern for the Fate of  West Bank Religious Sites Under the Trump Plan
14. Bonus Reads

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

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High Court Overturns Settlement Regulation Law

In a ruling issued on June 9th, the Israeli High Court of Justice overturned the Regulation Law, which was passed by the Israeli Knesset in February 2017 in order to create a legal basis to allow Israel to retroactively legalize outposts and settlement structures which had been built on land that Israel acknowledges is privately owned by Palestinians. In overturning the law, the Court found:

1. The Knesset cannot legislate directly over the West Bank. The Court’s ruling acknowledged that the West Bank is a region under “belligerent occupation,” where the norm for 53 years has been that the Israeli military commander is the temporary, de facto sovereign authority, not the Knesset. The Regulation Law violates this norm.
2. Palestinians living in the West Bank have the special status as “protected persons” living under “belligerent occupation,” and Israeli settlers do not enjoy the same status (i.e., settlers are not part of the “local population” of the West Bank). This particular statement overturns a previous opinion issued by former High Court judge Salim Joubran in 2017, which said settlers can be considered part of the local population — an opinion which had far-reaching implications for Israel’s rule over the West Bank.
3. The law violates the right to property and the right to equality, because it only provided a basis for the confiscation of Palestinian land for Israeli use, but not vice versa.
4. The law does not serve a legitimate purpose. On this point, Peace Now writes: “Most purposes presented by the state for why expropriating Palestinian private land was allowed were deemed illegitimate [by the Court]. Only one was not categorically rejected: preventing harm to the settlers, who would have to leave their houses. In this case, the Court pointed out that there are other ways to mitigate this unfairness (compensation with money and housing), and that it is not proportional to just continue using someone else’s land. “

In a joint statement following the ruling, Peace Now, Yesh Din and ACRI say:

“The Regulation Law was a black mark on the Israeli Knesset and on Israeli democracy, and the High Court of Justice has ruled the obvious: thou shalt not steal. We are proud that we served as the responsible adult that fought tirelessly to stop it. It was our duty to prevent the harm it threatened to Palestinians living under occupation, as well as to the prospects of peace. The law was of a criminal nature, designed to retroactively legalize thievery and allow systematic plundering of land. We have curbed this unsuccessful attempt to expropriate private land of a people, living under occupation by a government they did not choose, for the benefit of new settlements aimed at fragmenting the West Bank. Although the Court avoided ruling on whether the Knesset has jurisdiction to legislate over the Occupied Territories, it deemed that such legislation is problematic (to say the least). This raises a red flag to the peddlers of annexation. Let it be clear: If the Government of Israel goes ahead with its plan to annex, it will authorize the harsh damages the High Court sought to prevent by revoking this law.”

B’Tselem said:

“All lands in the West Bank are Palestinian, and even after today’s HCJ (High Court of Justice) ruling Israel will continue to take over more and more Palestinian land. This reality of ongoing land theft by the State of Israel does not fundamentally change today, nor does it diminish the Israeli HCJ’s role in legitimizing it over the years.”

Does It Matter?

Though the High Court’s ruling this week is a positive development, the state’s need for the Regulation Law has entirely been overtaken by events – possible annexation being one, and the “market regulation” principle being another. 

Annexation (i.e., under Israeli law, transforming land held under “belligerent occupation” into part of the sovereign state of Israel) would likely render moot two of the key arguments cited by the Court in overturning the Regulation Law. Specifically, after annexation, the Court would likely accede both to the Knesset’s right to legislate directly over West Bank land that is annexed, and to the argument that Palestinians living in these areas enjoy no special protected status. Israel would still need to find or create a legal basis to justify confiscating privately owned Palestinian land annexed by Israel (whether to legalize Israeli construction or to justify taking land from Palestinian landowers who reside beyond the line of annexation). 

Whether or not annexation proceeds, Israel has already found and begun implementing an alternative legal tactic to grant retroactively legalization to outposts and settlement structures bult on privately owned Palestinian land. Attorney General Avichai Mandleblit – who opposed the Regulation Law’s legal reasoning, but not its objective – has succeeded in charting out that alternative course via what has been called the “Market Regulation principle.” Mandleblit argues that this principle is “a more proportionate and balanced measure than the arrangement prescribed in the Regulation Law,” providing a narrower legal basis by which Israel can strip Palestinian landowners of their rights (Peace Now estimates that 2,000 structures can be legalized under the “market regulation principle,” compared to 4,000 under the Regulation Law). Of course, this argument overlooks the severe violation of Palestinian rights, the rule of law, and international law inherent in Israel’s decision to in effect erase Palestinian private property rights in the occupied territory to benefit the settlers. 

Lastly, it is important to remember that there is a concerted effort being waged against the High Court by Netanyahu and a constellation of his friends and enemies on the political right. For years, right-wing lawmakers have accused the Court of being a leftist bastion, and those lawmakers have been pushing legislation that would allow the Knesset to overrule the High Court of Justice, specifically connecting that campaign to the fate of the Regulation Law. 

Following the pattern, after the Court’s ruling against the Regulation Law, the Likud Party called the Court’s decision “unfortunate,” saying that the law was “important to the settlement enterprise and its future” and vowing to immediately act to advance a new law with the same goal. Speaker of the Knesset Yariv Levin (Likud) said:

“the Knesset will no longer be silent in light of the ongoing violation of its powers and status. Today, the High Court once again trampled on Israeli democracy and the basic human rights of many of Israel’s citizens, as has become its wrongful practice. The ruling given seemingly without authority is making another rip in Israeli society and will further damage public confidence in the Supreme Court and its judges.”

The Yamina Party also announced that it would once again be advancing legislation to allow the Knesset to override High Court decisions, saying that anyone who opposes the bill “is a leftist.”

Israel Starts Construction on Major New Settler Bypass Road  in East Jerusalem

Israel has started construction on a major new bypass road for settlers – dubbed the “American road” – meant to seamlessly connect settlements located in the north and south of Jerusalem to one another. The road will be accessible to Palestinians, a fact touted as proof of Israeli benevolence, but its clear primary purpose is to entrench Israel settlements, expand Israeli control over all of East Jerusalem, and close off Palestinian East Jerusalem neighborhoods from the rest of the West Bank, thereby (further) torpedoing Palestinian hopes of one day establishing a capital in East Jerusalem.

The new road will be five miles long, stretching from the Har Homa settlement in the southern part of East Jerusalem towards the site of the E-1 settlement site located in the West Bank, on Jerusalem’s eastern periphery near the Maale Adumim settlement. It is being built in three sections. The two southern sections are currently under construction, including a towering bridge over Palestinian neighborhoods. Construction tenders for the northern section of the highway, which will include a 1-mile long tunnel just east of the Mount of Olives, are expected to be issued by the end of the year according to an official at the Jerusalem Municipality. It is forecast to cost approximately $250 million USD.

Fadi Al-Hidmi, the Palestinian Minister of Jerusalem Affairs, told Reuters:

“This project cuts off Palestinian neighborhoods within the city from one another…[it] surrounds occupied East Jerusalem to further connect Israeli settlements and sever the occupied Palestinian capital from the rest of the West Bank.”

Terrestrial Jerusalem founder Daniel Seidemann explains:

“What we are seeing here is, again, the seamless integration of the northern West Bank, East Jerusalem under sole Israeli control, and the southern West Bank for the purposes of the settlers. That is the motivation”

Israel Announces New Opening Date for Givat Hamatos Settlement Tender

On June 15th, the Israel Land Authority announced that the tender for construction of 1,077 units in the Givat Hamatos settlement is set to open for bids on August 2nd. The opening of the bidding period was originally set for May 3rd, but was delayed without explanation. If the new date sticks, the bidding period will be open until September 7th.

Peace Now said in a statement:

“Promoting construction in Givat HaMatos is a dangerous step that could ultimately cripple the prospect of peace and a two-state solution. Netanyahu published the tender while in a probational government, without a mandate. The new government must abolish this disaster and stop the tender. It is sad to see that parties in the government which received the votes of the peace camp are giving a hand to move this plan along instead of annulling it for the sake of Israel’s future.”

Terrestrial Jerusalem speculates as to why, after deferring the opening of the tender, Netanyahu might be moving forward now, saying:

“…Givat Hamatos could well become a compensation to the settlers should the government refrain from pursuing annexation or should it decide to limit the scope of annexation. It is difficult to predict how this will play in the government’s calculus but it is difficult to separate the two issues. The possibly looming annexation, the publication of Givat Hamatos tenders and the hearings slated for July for the final approval of E1 are intimately related to the fact that Netanyahu has chosen this timing to move on plans which he had frozen for decades is an indication that these actions may be viewed as anticipatory annexation.”

As a reminder, the Givat Hamatos settlement has been fully approved but not constructed. Located in the southern part of East Jerusalem, Givat Hamatos settlement has long been called a doomsday settlement by parties interested in preserving the possibility of a two-state solution. If the Givat Hamatos settlement is built, the Palestinian neighborhood of Beit Safafa in East Jerusalem will be completely surrounded by Israeli construction, severing its connection to the West Bank. 

Top Court Orders Israel to Explain Failure to Enforce Building Laws in West Bank

On June 15th, the Israeli High Court of Justice gave the Israeli government two months to offer an explanation for why it has not opened a criminal investigation into unauthorized construction in the Hayovel outpost, located in the central West Bank.

The Court’s order comes in response to a petition filed by Peace Now in January 2019 asking the Court to stop the illegal construction at the Hayovel site and investigate the criminal involvement of the Binyamin Regional Council in promoting illegal construction. At that time (18 long months ago), the State announced that the police anti-fraud unit and the State Prosecutor’s Office would “examine” the case. The state has failed to launch that “examination,” and is now being ordered to explain why.

Israel Government Pauses Settler-Backed Excavation in Silwan, Tacitly Acknowledging Impacts on Palestinian Residents

In a report released last month, the Israel Antiquities Authority (IAA) said that several months ago it had briefly halted digging on the excavation of the “Pilgrim’s Road” – an excavation backed by the radical Elad settler group and promoted by U.S. Ambassador David Friedman underneath the Silwan neighborhood of East Jerusalem – because the ground around the site began to sink. In order to shore up the collapsing area, the IAA had to build huge underground steel framed structure to hold up the street and buildings above.

Despite years of Palestinians reporting that settler digging was literally undermining and causing damage to their homes and property in Silwan, Elad and the IAA have always denied any connection between the damage and their archeological projects. In a recent report, the Israeli NGO Emek Shaveh – which has routinely reported on the problematic excavation practices utilized in Silwan and their impacts on Palestinians homeowners and residents – found cracks in 38 houses (home to 200 residents) near the dig site.

The IAA attempted to downplay the pause in excavations, telling Haaretz:

“The excavation is being conducted with ongoing engineering oversight combined with technology that continuously monitors the ground. As part of this monitoring, a few months ago a minor shift was detected on the level of the ancient Herodian street (and not on the modern street, which is eight meters above). An examination found that the area does not run under residential homes or structures. As a result of the monitoring, a new engineering solution was immediately applied and has proven effective.”

Israel Demolishes Structures in Two Outposts, Arrests 13 Settlers

On June 15th the Israeli Civil Administration forcibly evacuated and demolished buildings in two unauthorized outposts – Baladim and Maoz Esther – located in the northern West Bank. Haaretz reports that settlers rioted and threw rocks as the Israeli Border Police carried out the demolition orders, leading to the arrest of 13 settlers.

The unauthorized outpost of Moaz Esther has been repeatedly demolished by the Civil Administration, and settlers have repeatedly re-established the outpost without authorization to do so. This cat-and-mouse game was once dubbed “the never-ending evacuation.”

The Baladim outpost – an outpost associated with the radical, violent “Hilltop Youth” – is located on a hilltop in the northern Jordan Valley and has likewise been evacuated by the IDF and re-occupied by the youth numerous times. It is alleged that settlers from Baladim may have been responsible for the horrific arson attack in the Palestinian village of Duma which killed an infant and both of his parents, and critically wounded his 4-year old brother in July 2015. Background on Jordan Valley settlements and outposts is here.

Israel Continues Prepping for Annexation

While Israeli leaders debate and negotiate what will/won’t happen come July 1st with respect to annexation, the government continues to take preparatory steps suggesting that it intends to implement some degree of annexation on that date.

This week, Alternate Prime Minister Benny Gantz attempted to form a committee to oversee and coordinate annexation across the government. Israel’s Channel 12 news reports that three former senior IDF officials rejected Gantz’s offer to head that committee, and that Gantz has not been able to stand up such a committee as of yet.

In the Jordan Valley, Palestinians continue reporting new indications that Israel is already implementing annexation. This week Palestinians report a sharp increase in home demolitions, police raids in Palestinian villages, and confiscations. Palestinians also say that Israeli police have hand delivered notices informing them that they will soon be brought under Israeli domestic law. On June 2nd, Palestinian Prime Minister Shtayyeh also noted that for the first time ever, the Isreali Civil Administration directly delivered electricity bills to Palesitnian villages in the Jordan Valley, a move which brings Palestinians more directly under Israeli municipal governance and control.

With New Phased Plan, Netanyahu Said to Be Ready to Implement Annexation With or Without Gantz’s Support 

Israel Hayom reports that Netanyahu intends to enact annexation on July 1st with or without support from Alternative Prime Minister Benny Gantz and (what is left of) his Blue & White party. The newspaper – which is owned by Netanyahu (and Trump) backer Sheldon Adelson and is so closely aligned with Netanyahu that it has long been nicknamed “Bibiton” – reports that Netanyahu will do so via government approval, bypassing entirely a vote in the Knesset. This comes after the announcement by Communications Minister Yoaz Hendel (of Derekh Eretz, a party in the Blue & White bloc) that he would vote in favor of annexation if presented by Netanyahu, giving Netanyahu a majority in the cabinet. The Israel Hayom report further suggests that in the event that Gantz somehow succeeds in stymying the passage of his annexation plan by the Cabinet, Netanyahu will call for new elections. This follows the results of a recent poll showing that Netanyahu’s Likud Party would win a new election by a landslide.

During negotiations this week Netanyahu also reportedly presented Gantz and U.S. Ambassador to Israel David Friedman with maps of four alternate options for annexation. According to an Israeli official briefed on the meeting, Netanyahu’s proposed scenarios range from annexing 30% of the West Bank (as provided for under the Trump Plan), to annexing a “symbolic” amount of land (reminder: any annexation, no matter how “small” or “symbolic” is a flagrant violation of international law and can only be considered land theft), to options somewhere in between the two. Israel Hayom reports that none of Netanyahu’s four scenarios completely align with the Trump Plan, suggesting perhaps that Netanyahu has adopted some of the demands made by settlers (e.g., no settlement enclaves, no Palestinian state, no construction freeze).

A June 17th report by Israel Hayom offers a theory that Netanyahu is hopeful that the U.S. will support a phased annexation plan. According to this theory, Netanyahu plans for the first phase – to start on July 1st –  to involve annexing far-flung settlements located deep inside the West Bank. After that, Bibi will reach out to the Palestinian Authority for talks. If the PA refuses to negotiate, he will proceed with the second phase of annexing all remaining settlements and more land across the entire West Bank. Explaining Netanyahu’s rationale behind this plan, Israel Hayom writes:

“There were reportedly several considerations that prompted the prime minister to consider a two-stage plan to implement sovereignty. First, he expects that the revised plan will send a signal to the international community and the region that Israel listens to their criticism and acts cautiously. Second, a two-stage implementation is also expected to suit the White House, which sees the Trump plan as a peace plan rather than a plan for annexation. The Trump administration wants the Palestinians to realize that time is not on their side, so calling on Palestinian Authority President Mahmoud Abbas to come to the table between the first and second stages of the plan’s implementation serves that purpose…There are other reasons why Netanyahu wants to begin the application of sovereignty ‘deep’ inside Judea and Samaria: refraining from applying sovereignty to the Jordan Valley in the first stage could blunt Jordan’s response, which is a concern. Moreover, a broad agreement that the Jordan Valley will remain in Israel hands under any future peace deal already exists, making the valley less urgent than the Judea and Samaria settlements. The same reasoning applies to the large settlement blocs in areas such as Ariel, Maaleh Adumim, and Gush Etzion. All previous peace plans have stated that these blocs would remain part of Israel, whereas the application of Israeli sovereignty to the far-flung settlements would be a weighty diplomatic statement and eradicate the possibility of them being uprooted and evacuated in the future.”

An anonymous cabinet minister made yet another argument in favor of a more aggressive first phase of annexation, telling Army Radio:

“the diplomatic price Israel will pay if it goes to partial annexation is the same as full annexation, so it is not clear what the thinking is behind a partial move.”

Gantz Suggests Annexing Two Large “Consensus” Settlement Areas First

In a separate report by Kan Radio on June 17th suggests Gantz and his Blue & White Party have their own plan which would have Israel annex the Etzion and Ma’aleh Adumim settlement “blocs” on July 1st, in a direct contradiction to the logic underpinning Netanyahu’s plan to annex the more controversial settlements in the first phase of the plan, as described above. Though the report mentions that Gantz’s plan also involves phases, no further details were revealed.  

Earlier in the week, during the three-way negotiations with Netanyahu and U.S. Ambassador David Friedman, Gantz reportedly staked out four key positions for any annexation plan:

• He is opposed to annexing areas that have a large number of Palestinian residents “in order to prevent friction”;
• He insists that all Palestinians living in annexed land must be granted citizenship;
• He wants regional cooperation on annexation (i.e., he wants a plan that would not harm relations with Jordan and that is palatable to the rest of the Arab world, with which Israel has worked for years to court better economic/diplomatic relationships);
• He wants to be able to say Palestinians get some benefits in return for annexation.

In a surprising announcement, Meretz MK Yair Golan came out in support of the Blue & White plan to annex the Maale Adumim and Etzion settlement blocs, stating:

“If the Israeli government says its supreme goal is to separate from the Palestinians and reach a solution where the Palestinians no longer live under our control, then I will support it.”

Amb. David Friedman Tries, Fails to Broker Annexation Agreement Between Israeli Leaders

The new phased approaches to annexation offered by Netanyahu and Gantz come on the heels of a week of negotiations between the two Israeli leaders, kicked off on June 15th at an unprecedented summit convened by U.S. Ambassador David Friedman. Friedman was apparently unsuccessful in brokering an agreement, and at the end of the week reportedly walked away from the negotiations, telling Gantz and Netanyahu something along the lines of, “This is my number, call me if you manage to agree.” It is unclear what role Jared Kushner, the ostensible leader of the U.S. team, might have played in this week’s events; Kushner is reportedly in favor of delaying annexation, while Friedman is pushing for annexation to move ahead as soon as possible. Discussions between Netanyahu and Gantz are scheduled to resume next week.

Netanyahu’s threat (discussed above) to go ahead with annexation without the support of Gantz contravenes the U.S. call for Israeli unity behind any annexation. It was only one week ago that a senior U.S. official said that it is “highly unlikely” that the U.S. will give a greenlight to annexation that is not supported by Gantz. The Israel Hayom report suggests that Netanyahu hopes the U.S. can get behind one of his proposals, allowing him to proceed with or without Gantz.

Settlers Continue Opposing Key Parts of Trump Plan, But Offer Support for Phased Approach

A recent poll found that 56% of settlers support the Trump Plan, as the settler leadership continues lobbying for more land as negotiations over the annexation map continue. The poll found the 28% of settlers believe the plan is “terrible and must be opposed.”

On June 7th  Netanayahu, Settlements Minister Tzipi Hotovely, and Speaker of the Knesset Yariv Levin met with a group of eleven settler leaders who support the Trump Plan. Participants in the meeting said that Netanyahu promised that he would not agree to the future establishment of Palestinian state, and that he would not agree to any construction freeze for any settlements – addressing two of the three main demands from settlers, even settlers who support the Trump Plan. 

The third key concern/demand from settlers is that the map does not leave Israeli settlements in enclaves surrounded by Palestinian-controlled territory. To that end, settlers from the Yesha Council – which has mostly opposed the Trump Plan – have drawn up their own map, reportedly showing how the construction of a new road system can eliminate the concern about settlement enclaves. 

Notably, settlers who participated in the June 7th meeting confirmed early reports about Netanyahu’s design for a phased annexation plan (different from the phased plan reported by Israel Hayom). According to these reports, Phase 1 will start on July 1st with annexing all the settlements, but leaving the rest of the land allocated to Israel under the Trump Plan, including the Jordan Valley, to be annexed later.

Notably, the CEO of the settler Yesha Council, Yigal Dilmoni, came out in support of a phased annexation plan, while doubling down on the settlers’ conditions for accepting such a plan, saying:

“There must be sovereignty, even if it is in stages, but in no way can there be a Palestinian state, nor a [settlement building] freeze, and no enclave settlements.”

Meanwhile, Yesha Council Chairman David Elhayani continues his no-holds-barred attack on the Trump Plan and its architects, telling Haaretz that he prefers the status quo in the West Bank, and going on to say:

“From the beginning, I marked the Americans as a target. I said that [Trump’s special adviser and son-in-law Jared] Kushner had stabbed Netanyahu in the back after the event in Washington, and I later said that Friedman was being deceptive in selling only the sovereignty part without revealing to Israelis that ultimately there’s also a Palestinian state. This was a scam, and it was time to go to Trump – who isn’t familiar with the plan – and tell him: ‘Sir, you’re endangering the security of the State of Israel.’ The Palestinian public is of no interest to them. I’ll tell you what interests them: they want to chalk up some achievement. Kushner wants to bring his father-in-law Trump the achievement of being the greatest leader in the world. No leader since 1948 has managed to solve the Israeli-Palestinian conflict and here, the great Trump arrived and did it! He’ll say, ‘I told you. I’m a businessman and I know how to close deals. This is the deal I closed: Have sovereignty and give a Palestinian state.’ If you met President Trump tomorrow morning and asked him about the details of this plan, do you think he’d know?”

“Hilltop Youth” Launch Campaign to Stop Trump Plan, Claim Land in Area A of West Bank

The Times of Israel reports that dozens of settlers associated with the radical and violent “Hilltop Youth” movement have launched a campaign called “It’s All Ours” that aims to undermine the Trump Plan by staking a claim to areas which the Trump Plan does not give Israel an explicit green light to annex (at least not yet).  This means they are targeting areas where there is a large Palestinian population, mainly areas desingated as “Area A” under the Oslo Accords.

Organizers of the campaign said there will be three phases leading up to July 1st (the first day that the Israeli government can enact annexation, as agreed to in the unity government deal). Phase one saw over 100 settlers posted 5,500 fliers along West Bank road. The flyers warned against “the danger of the division of the land that is on the horizon.” Phase two will launch rallies and marches in the West Bank. For phase three, the settlers plan to establish new outposts in “strategic areas.” 

Settler Group Raises Concern for the Fate of  West Bank Religious Sites Under the Trump Plan

A settler group calling itself “Preserving the Eternal” – which describes itself as a network of entities working to “protect antiquities in Israel and Judea and Samaria,” –  has begun raising alarm, alleging that hundreds of biblical sites in the West Bank are slated to remain in Palestinian territory under the Trump Plan. The group’s leaders accuse the Palestinian Authority of mismanaging the sites and they accuse Palestinians of looting them. The group is in favor of Israel annexing all the sites.

Bonus Reads

1. “As mammoth high-tech hub is eyed for East Jerusalem, will it benefit locals?” (The Times of Israel) 
2. “As East Jerusalem Suffers Powers Cuts, Settlers Were Put on Israeli Grid – but Palestinians Not” (Haaretz)
3. “‘We’re Totally in the Dark’: Palestinians in Jordan Valley Feel Nobody Wants Them, Just Their Land” (Haaretz) 
4. “Trump’s “Deal” for Palestinians: Repercussions and Responses”” (Al-Shabaka)
5. “Diplomatic Pressure Mounts on Israel to Delay Annexation as Long as Possible” (Haaretz)
6.  “Mapping West Bank Annexation: Territorial and Political Uncertainties” (WINEP) 
7. “More Israelis oppose West Bank annexation than support it — survey” (The Times of Israel) 
8. “Mapping Netanyahu’s annexation plan: Experts explain a charged, complex process” (The Times of Israel) 
9. “The Annexation’s Ambassador to Israel” (Haaretz)
10. “Settler Leader: Trump’s Plan Is a Scam, Netanyahu Will Establish a Palestinian State” (Haaretz)
11. “A radical settler wages war against annexation — but he is far from alone” (The Times of Israel)
12. “’Annexation could cost Israel NIS 67 billion per year’“ (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.

June 5, 2020

1. U.S. Pumps Brakes on July 1st Date for Annexation; Israel Keeps Foot on the Gas
2. Netanyahu Tries & Fails to Woo Settler Support for His (Not Trump’s) Annexation Plan
3. Trump Admin Supports Netanyahu’s Plan to Annexing Jordan Valley Without Annexing Palestinians
4. Silwan Residents Petition High Court Against Ateret Cohanim
5. HaMoked Files First-Ever Petition Seeking Removal of Section of the Separation Barrier
6. E-1 Settlement Plans Are Moving Again, Following West Bank “Planning Freeze” During COVID Emergency
7. Jerusalem Municipality to Destroy  200 Palestinians Businesses in East Jerusalem to Build “Silicon Wadi” Industrial Zone
8. American Duty Free Millionaire Involved in Fraudulent Acquisition of Palestinian Land Case
9. Tightening Control Over Area C, 91% of IDF Eviction Orders for Construction on “State Land” Are Against Palestinians
10. >Al-Haq Report on the Atarot Industrial Settlement Zone
11. Emek Shaveh Releases New Interactive Map of Settler Projects in Jerusalem’s Historic Basin
12. Bonus Reads

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

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U.S. Pumps Brakes on July 1st Date for Annexation; Israel Keeps Foot on the Gas

Reports this week suggest that top U.S. officials – including the influential voices of Trump-whisperers Jared Kushner, Avi Berkowitz, and Amb. David Friedman – have told Netanyhu and Gantz (in separate meetings and phone calls) that the Trump Administration wants to delay annexation and is “highly unlikely” to approve annexation on July 1st. One report suggests that the work of the joint U.S.-Israeli mapping committee will likely take several more weeks if not months because key American members of the committee have not been able to travel to Israel during the coronavirus pandemic. Another report suggests that the Trump administration has lost enthusiasm for annexation in the short term because it is “preoccupied” with nationwide protests over the murder of George Floyd by Minneapolis police officers.

Likud MK Ze’ev Elkin, who is also a member of the joint mapping committee, seemed to publicly confirm the slow-down, saying that the July 1st date for annexation possibly won’t happen, suggesting instead that “sometime [later] in July” is more likely.

Nonetheless, Israeli officials are proceeding with its plans to implement annexation – which makes sense, even assuming annexation may be delayed, reports are talking about days/weeks, not years or indefinitely. Over the past week, Israel has taken the following preparatory steps:

• On June 1st, Defense Minister (and Prime Minister designate) Benny Gantz ordered the IDF to “step up” its preparations for annexation, and gave a select few IDF generals their first glimpse of the annexation map Israel has been working with the U.S. administration to finalize. 
• Gantz also announced that he plans to form a “joint team” to “bring together  recommendations — on an operational level — for the efforts that are on the agenda for the West Bank and Gaza Strip.” He also said he would appoint “a point-person” to coordinate between the different government bodies involved in the annexation process.
• Following Gantz’s order to accelerate the IDF’s preparations, Israel’s top security chiefs met on June 3rd to discuss a variety of scenarios that might play out in Jordan, the West Bank, and Gaza after annexation is announced. The IDF was reportedly scheduled to hold a massive war game on June 3rd 
• Israeli Mossad chief Yossi Cohen reportedly met with Egyptian officials to discuss the annexation plan.
• According to Israel Hayom (the paper owned by Sheldon Adelson), Israeli officials reportedly participated in secret talks with Saudi Arabia and the U.S., with Jordan’s approval, about increasing Saudi Arabia’s role vis-a-vis the Temple Mount/Haram al-Sharif as a means of curbing the growing Turkish presence there. The paper reported that these talks included the possibility of allowing Saudi Arabia to appoint representatives to the Islamic Waqf, the religious body which plays an important role in managing the Islamic Holy sites. While Israeli media pitched this effort as having the support of Jordan (which controls the Waqf), ICG analyst Ofer Zalzberg reported that this is not the case, and suggested “Team Netanyahu seems to be using Israel Hayom to give Israelis the sense that the Trump administration isn’t alone in supporting Israeli annexation, by giving the impression KSA has something to gain from such a move — namely influence over al-Aqsa.”
• Azzam al-Ahmed, a senior PLO and Fatah official, told the Jerusalem Post that Israel has already begun removing signs that warn Israeli citizens from entering certain areas in the Jordan Valley (i.e., areas that are outside of Area C) which are slated to be annexed under the Trump Plan.

Netanyahu Tries & Fails to Woo Settler Support for His (Not Trump’s) Annexation Plan

Settlers and Netanyahu sparred over the Trump Plan in private and public over the past week. On June 2nd Netanyahu met with leading settler opponents of the Trump Plan in a bid to win their silence, if not their outright support. Details of the meeting were quickly leaked and sparked a war of words in the press.

From the leaked details, it appears Netanyahu had three goals in this meeting. First, Netanyahu had to tell the settlers that annexation is likely to be delayed until sometime after July 1st. 

Second, Netanyahu tried to persuade the settlers to stop public criticism of the Trump Administration and its plan, saying: “Your campaigns and statements against the Trump plan are only hindering the goal of annexation in as wide a scope as possible. You’re tickling the tail of the bear, and the bear isn’t even here yet.”

Third, Netanayahu sought to assure the settlers that he is, in fact, in total control of the annexation process, and has not – and will not – accept the elements of the Trump Plan to which the settlers most strongly object (namely, the acceptance, in principle, of a future Palestinian state and the creation of non-contiguous settlement enclaves). The Hebrew-language Maariv outlet reports that Netanyahu said to the leaders something along the lines of “You can relax. We haven’t agreed to what you’re afraid we’ll agree to.”  Haaretz reports that Netanyahu told the settlers that he will not acquiesce to all of the Trump Plan’s conditions, and that he does not plan to bring the entire Trump Plan up for a vote, but will instead bring up only the pieces of the plan he likes. He further promised that acceptance of (the legitimacy of theoretical, future) Palestinian statehood would not be included in the annexation proposal for which he will seek approval, a key concern of the settlers [in the recent words of Bezalel Smotrich, “Either the settlements have a future, or the Palestinian state does — but not both.”]. Netanyahu said that his commitment to the future possibility of a Palestinian state would be declarative and not a firm commitment.

Netanyahu was apparently not able to placate the settlers – who left the meeting focused on and furious over the fact that Netanyahu refuses to show them the proposed annexation map – which one settler said was an even bigger concern for the leadership than the future possibility of a Palestinian state (bearing in mind that, at least in theory, that map is still being delineated/negotiated by the US-Israel mapping team). 

One day after the meeting in which Netanyahu beseeched settlers to withhold their criticism of the Trump Plan, David Elhayani, chairman of the umbrella Yesha Council representing the settlers, said that Trump is “not a friend of Israel.” The harsh comments prompted a swift response from Netanyahu, who released a statement saying: “President Trump is a great friend of Israel’s. He has led historic moves for Israel’s benefit…It is regrettable that instead of showing gratitude, there are those who are denying his friendship.”

The spat continued to escalate, with an anonymous settlement mayor telling The Times of Israel that a group of settlers were prepared to “blow up” the Trump deal if Netanyahu continues his refusal to share the annexation map with the settlers, and that the Trump Plan is like being forced to eat cake at gunpoint. These comments might have been a bridge too far, even for Elhayani who has been a bombastic and outspoken leader since his election to Yesha Council chairman in November 2019. According to The Times of Israel, Elhayani’s fellow settler leaders have called for his resignation, saying that he is “humiliating” the settlers. 

One settler who has been critical of Elhayani’s defiant approach is Efrat Mayor Oded Revivi, who supports the Trump Plan. Revivi penned an op-ed in Haaretz (not a media outlet known to be a settler favorite), pleading with his fellow settler leaders to join him in welcoming the Trump Plan’s offering of sovereignty. Revivi pleads:

“For the first time ever, we are not talking about our border being the ceasefire lines of 1948 or 1967. We are talking about ensuring and securing what is already ours. What can the settlements guarantee our children? Have we forgotten the recent national campaigns by settlement leaders to apply sovereignty over just Ma’ale Adumim? And later, the calls to apply sovereignty calls over Gush Etzion, and only much later to other regions? Those were attempts to secure only ‘settlement blocs,’ one at a time, with no likelihood of international recognition. But Trump’s plan allows us to achieve sovereignty for every town in Judea and Samaria – and right away. We can debate the merits of the Trump plan’s parameters for negotiating towards a Palestinian state, but like it or not, the Palestinians are not going anywhere. We must now take a look inside, at ourselves. We, as settlers, have achieved great things. We, settlers, are part of Israeli society. We, settlers, understand the importance of international recognition. This self-introspection reveals how far we have come, and why it is now our responsibility to embrace the Trump program – and apply Israeli law according to its framework throughout Judea and Samaria.”

Trump Admin Supports Netanayhu’s Plan to Annexing Jordan Valley Without Annexing Palestinians

A Trump administration official supported comments by Prime Minister Netanayahu last week suggesting that Israel will annex the Jordan Valley without annexing Palestinians living in it (and therefore not granting the rights as citizens or residents of Israel). The U.S. official said, “I don’t anticipate Palestinians becoming Israeli, based on the principles laid out in the plan.”

If annexation plays out along those lines, Palestinians living in areas of the Jordan Valley that will be annexed to Israel (with the approval of the Trump Administration) will apparently live in enclaves of territory under the “control” of the Palestinian Authority, though completely surrounded by the state of Israel and whatever military/security presence it inflicts upon the encircled and dispossed Palestinian population.  That is, of course, if they are not forcibly displaced by Israel to other areas.

Silwan Residents Petition High Court Against Ateret Cohanim

Ir Amim and 22 Palestinian families filed a petition with the High Court of Justice to stop a settler-run land trust from forcefully seizing land and homes in the Batan al-Hawa section Silwan, a Palestinian East Jerusalem neighborhood where 700 people are facing eviction from their longtime homes as a result of the settlers’ effort. The petition argues that the radical settler group Ateret Cohanim is using the Benvenisti Trust as a front for displacing Palestinians, pointing out that the trust does not have a separate organizational structure, bank account,  lawyer, or accountant – and that Ateret Cohanim has folded the operations of the trust into its own operations and there is no distinction between the management or assets of the two entities. [map]

Ir Amim’s attorney Ishay Shneydor told Haaretz: 

“[The materials show] that this is a planned process of Ateret Cohanim in order to use the trust as a platform to forcefully seize the property.”

The trust itself was founded in 1899 and built houses in what is now the Batan al-Hawa section in order to resettle Jewish Yemenite immigrants. The houses were later abandoned under British pressure in 1938, during the Arab Revolt against British rule. The buildings the trust had built were later demolished.

In 2001, the Israeli Charitable Trust Registrar granted Ateret Cohanim permission to revive the trust and become its trustees, (following 63 years of dormancy). In 2002, the Israeli Custodian General transferred ownership of the land in Batan al-Hawa to the Trust/Ateret Cohanim. Since then, Ateret Cohanim has accelerated its multifaceted campaign to remove Palestinians from their homes, claiming that the Palestinians are illegally squatting on land owned by the trust. Palestinians have fought back against Ateret Cohanim-initiated evictions, unsuccessfully arguing against the validity of the Trust/Ateret Cohanim’s ownership of the land. Most recently in January 2020, the Jerusalem Magistrate’s Court rejected the Palestinians’ arguments and upheld the Trust/Ateret Cohanim’s ownership of the land. That ruling set a key precedent paving the way for the mass eviction of as many as 700 Palestinians from their homes in Silwan.

The new petition filed this week does not take up the same arguments, and instead challenges the legality of the functional operations of the Trust/Ateret Cohanim.

In reaction to the January 2020 rulings, Peace Now added important context in a statement: 

“This is an attempt to displace a Palestinian community and to replace it with an Israeli one, in the heart of a Palestinian neighborhood in East Jerusalem. The settlers could not have succeeded without the Israeli authorities’ close support and assistance. In addition to the hard blow to the prospects for a two-state solution by preventing a Palestinian capital in East Jerusalem, this is an injustice and an act of cruelty to throw out families who have lived lawfully in their homes for decades.”

Also in reaction to the January 2020 rulings, Ir Amim said:  

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

HaMoked Files First-Ever Petition Seeking Removal of Section of the Separation Barrier

HaMoked filed a petition with the High Court of Justice seeking the removal of a section of the separation barrier which is preventing Palestinian farmers (7 of whom joined HaMoked in filing the petition) from accessing their lands in the northwest of the West Bank. The petition argues that the barrier in this area does not serve a security need and has caused severe harm to Palestinian landowners. This is the first-ever petition seeking the removal of part of the barrier.

The petition focuses on a roughly 6-kilometer (3.7 mile) section of the barrier just east of the 1967 Green Line. Since the construction of the separation barrier in this area in 2005, the Israeli military has granted permits for Palestinian landowners to walk through a gate in the fence to access their land beyond to fence (this area is known as the seam zone). The 7 Palestinian farmers who submitted the petition argue that the Israeli military has gradually reduced the number of permits issued to landowners and implemented a series of policies that have further limited their ability to cultivate the land and make a living.

Jessica Montell, HaMoked Executive Director said in a statement

“This petition is the inevitable result of 15 years of experience with the military’s seam zone permit regime. Rather than facilitating access, as the military promised, this cumbersome bureaucracy serves to dispossess entire Palestinian communities of their land, stripping people of their livelihoods and their sources of income, without even the pretense of a security justification. In fact, there’s no security reason for the fence to be built inside the West Bank in this area. So we expect the High Court to make sure that where the fence is designed to dispossess Palestinians rather than protect security – it will be dismantled.”

Shaul Arieli, an Israeli expert on the separation barrier, submitted an opinion in support of the petition, noting that dismantling this section of the fence and relocating it to the west, along the Green Line, would not only end the disruption of life for the Palestinian famers, but would also better serve Israel’s security needs. A barrier along the Green Line in this area would be preferable according to the security parameters the military itself defined: topographical superiority, observation, advance warning, pursuit and other operational considerations.

E-1 Settlement Plans Are Moving Again, Following West Bank “Planning Freeze” During COVID Emergency 

On June 3rd, the Israeli military order that froze planning processes in the West Bank during the COVID19 emergency period expired. 

Now, the clock is once again ticking on two separate plans for the construction of the E1 settlement just east of Jerusalem. A few days prior to the planning freeze, the E-1 plans had been deposited for public review and submission of objections. Now, Ir Amim reports the public commenting period is set to close on July 23rd.

Jerusalem Municipality to Destroy  200 Palestinians Businesses in East Jerusalem to Build “Silicon Wadi” Industrial Zone

According to the Jerusalem Post, the Jerusalem Municipality is poised to demolish buildings rented by some 200 Palestinian-owned businesses in the Wadi al-Joz neighborhood of East Jerusalem – located just north of the Old City – as part of plans to develop “Silicon Wadi,” a project the Municipality claims will build a large industrial zone for hi-tech, commercial, and hospitality businesses.

According to the Jerusalem Post, the government’s investment in the “Silicon Wadi” project is part of the Israeli government’s five-year plan for economic development in East Jerusalem. A Municipality official claimed that the Palestinian businessowners have agreed to this plan, and have been compensated for their eviction.

The chairman of East Jerusalem’s Arab Chamber of Commerce and Industry, Kamal Obeidat, called the planned demolitions a “racist order” to to change the character of the Palestinian city and use the land to build Israeli structures.

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

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

American Duty Free Millionaire Involved in Fraudulent Acquisition of Palestinian Land Case

A Palestinian family is fighting to reclaim rights to their land near the Beit El settlement from Simon Falic – a prominent Netanyahu and Trump donor whose family owns the “Duty Free Americas” retail chain. Falic was transferred rights to the land via a highly unusual, and allegedly fraudulent, process.

According to Haaretz, the complicated transfer of ownership started when the original landowner – Palestinian Sadki Hamdan – allegedly signed over his power of attorney to  Doron Nir-Tvi, a lawyer who lives in the West Bank outpost of Havat Yair. The power of attorney document authorized Nir-Zvi to transfer ownership of the land to another Palestinian, the late Ramadan Abu Halal. Abu Halal then allegedly transferred the land ownership to Simon Falic, whose signature is on a deed of sale even though the land was later registered to a settler-run organization, named Hakeren Liyad Midreshet Yisrael.

The family of Sadki Hamdan has pointed out numerous issues with the documents associated with the deal, including: Hamdan’s signature on the power of attorney document is not one they recognize from other papers he signed; the notary who certified the power of attorney document testified that no such document was ever signed in his presence; and the chronological order of documents is incongruent (Abu Halal appears to have transferred the land rights to Falic one month before he legally owned the land). Further, the heirs of Abu Halal (to whom the power of attorney transferred the land) believe the deal was fraudulent, saying they did not know about the land at all.

In July 2019, a report by the Associated Press revealed that the Falic family is a major source of financial support for some of the most radical settler groups in Israel. According to documents uncovered by The Democratic Bloc, the Florida-based Falic family is the single largest donor to Israel Prime Minister Netanyahu and has given over $5.6 million to settler groups over the past decade. For more on that story, see FMEP’s coverage here.

Tightening Control Over Area C, 91% of IDF Eviction Orders for Construction on “State Land” Are Against Palestinians

A new report by Kerem Navot and Haqel revealed that the Civil Administration systematically targets Palestinians with evacuation orders for entering/using land Israel has declared “state land.” Data from 2005-2018 shows that 91% of all evacuation orders (and 96% of the total acreage of land involved) related to incursions into “state land” were against Palestinians, while just 8.5% were against Israeli settlers. The data demonstrates, in part, that since 2005 Israel has acted in a manner contrary to its commitments in the Oslo Accords, seeking to remove Palestinians from land in Area C of the West Bank, while simultaneously and systematically allocating “state land” to the settlers.

The authors argue that the nature of eviction orders – which require more management, enforcement, and draw more appeals compared to seizure orders – makes the data revealed by their issues particularly indicative of Israel’s political vision for the West Bank, which, as noted above, does not accord with the notion of a temporary occupation. 

The authors further observe:

“A closer examination reveals that solely one quarter (24.7%) of the territory included in the eviction orders is located within settlements’ areas of jurisdiction, while the rest is located on land that does not belong to any specific settlement. This fact indicates that the Civil Administration is attempting to curb Palestinian development in much more expansive areas than those alloted to settlements to date.”

The report also notes how settler organizations – most prominently Regavim – have aided the state (with the encouragement of the state) in monitoring Palestinian “trespassing” (the vast majority of eviction orders were against agricultural activity) onto “state land,” and have assisted in enforcing eviction orders against them.
Dror Etkes of Kerem Navot said:

“When you examine the locations of the eviction notices, you see a strong correlation between territory Israel has for many years devoted great efforts to annex and the numbers of orders, as well as their sizes.”

The full report and analysis of the eviction orders can be read online here.

Al-Haq Report on the Atarot Industrial Settlement Zone

In a new report entitled “Atarot Settlement:The Industrial Key in Israel’s Plan to Permanently Erase Palestine,” Al-Haq takes a deep dive into the details of Israel’s plan to build the Atarot settlement industrial zone (in the northern part of East Jerusalem) and its consequences for Palestinians, individually and collectively.

The report  provides essential data and background information on the role of industrial settlements in Israel’s occupation and seizure of Palestinian land and resources and then closely documents Israel’s development of plans for the Atarot industrial zone.

Al-Haq concludes:

“The Atarot industrial settlement is constructed on layers of human rights abuses. This is evidenced in Israel’s deliberated disregard of the presence of Palestinian residents and appropriation of their land where the Atarot industrial settlement has been established. Moreover, it is continued through the imposition of unacceptable living conditions for Palestinian residents therein. In addition, the case of the Atarot industrial settlement reflects Israel’s wider discriminatory planning and zoning regime. The regime entails the confiscation and appropriation of Palestinian land, the systematic denial of building permits, and creates an uninhabitable environment for Palestinians. Currently, the Atarot industrial settlement highlights the immediate and longterm environmental impacts of the existence of similar industrial settlements in the OPT, directly affecting the health of the Palestinian communities. While the deepest impacts of the Atarot industrial settlement are contained in Israel’s long term plan to accelerate economic development there, as a key to economically supporting a radical and all-consuming colonisation of Palestine and erasure of Palestinian presence.”

Emek Shaveh Releases New Interactive Map of Settler Projects in Jerusalem’s Historic Basin

Emek Shaveh released a new multifaceted interactive map showing settler initiatives that impact Jerusalem’s archeological sites. Along with their analysis of the settler projects, the map provides a clear picture of the totality of initiatives that settlers and the Israeli government are advancing to increase their claim to, control over, and presentation of sacred sites around Jerusalem – and the manipulation of archeology to serve their agenda.

Emek Shaveh said in an email:

“In the 53 years [since 1967] that have ensued, the historic center of Jerusalem has undergone enormous change. Although in the 1970s and 1980s large areas of the Jewish Quarter and Silwan were under excavation, most of the significant changes to the character of the city have occured over the past 25 years with the rise of the settlers as key players in defining the agenda for archaeological excavations and tourism development in the Historic Basin. The goal of advancing historic sites as a means to promote exclusive Israeli sovereignty over Jerusalem’s historic core has now been coopted as government policy. Today, the settlers and government agencies work together practically seamlessly to create a narrow historic and symbolic landscape. 

The reality around Jerusalem’s historic sites is complicated by the multiplicity of private and government players with varying responsibilities. It makes any objection to projects an extremely complex bureaucratic process. We, in Emek Shaveh, often find ourselves trying to explain the intricate map of interests and players at key historic sites. To make this information more accessible we are pleased to offer you this interactive political and historical map of Jerusalem. The map features two separate, but related, layers. The historical layers present the wealth of historical periods and the history of Jerusalem’s monuments and sites over the centuries. The other layer maps the central private and governmental bodies currently managing and operating major archaeological sites in the Historic Basin.”

Bonus Reads

1. “A Would-Be Netanyahu Nemesis Snipes From the Sidelines“ (New York Times)
2. “Letter to HeidelbergCement Regarding Nahal Raba Quarry Expansion” (Human Rights Watch)
3. “For the Settlers in the West Bank, It Will Never Be Enough” (Haaretz) 
4. “Peace Now activists warn: Annexation will lead to war” (Jerusalem Post)

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

1. Israel Government Advances E-1 Plan to Next Stage
2. Israel Starts Building on Private Palestinian Land in Silwan
3. Likud MK Re-Introduces Jordan Valley Annexation Bill
4. Peace Now: Israeli Settlement Planning & Construction Surged in 2019
5. New Report Examines Impact of Settlers Digging on Palestinian Homes in Silwan

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

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Israel Government Advances E-1 Plan to Next Stage

Despite the COVID-19 virtual shutdown of all normal activity in Israel, Ir Amim reports that on March 18th, the Israeli government officially advanced plans for construction of the E-1 settlement to the next step in the approval process, depositing them for public review. Under normal circumstances, after plans are deposited the public has a 60-day period to submit objections/affirmations of the plans. However, Ir Amim states that it is unclear if government closures due to the COVID-19 outbreak will impact the planning process, including the public review period. Assuming the E-1 plan is subject to the normal planning process, at the close of the 60-day public review period (which would be 60 days after March 18th), the planning committee will convene to discuss objections and then decide whether to give final approval to the plan or to require more information or changes to it.

Israel Starts Building on Private Palestinian Land in Silwan

Despite the COVID-19 virtual shutdown of all normal activity in Israel, Emek Shaveh reports that on March 12th workers for Israel’s Nature and Parks Authority began development work on several plots of privately owned Palestinian land in the Ben Himmon Valley area, located just south of the Old City of Jerusalem between the Abu Tor and Silwan neighborhoods. These plots of land surround a cultural center and cafe run by the radical Elad settler group. They are part of an area over which Elad seeks to expand its control through elaborate plans involving touristic developments. 

The legal status of the land in question has been the subject of an ongoing legal dispute for nearly a year — a dispute which has seen an Israeli judge revoke several of the “gardening orders” which the Jerusalem Municipality issued in order to seize the land. 

Commenting on the action by the Municipality, Emek Shaveh said in a statement:

“Erasing the boundary between East and West Jerusalem is apparently vital and urgent for the economy. Otherwise it is unclear why when the entire country is in a state of emergency, thousands are quarantined and many have been instructed not to go to their work places, the Nature and Parks Authority has decided that this was the best time to carry out development work, the legality of which is being contested in court.”

In June 2019, the Jerusalem Municipality issued “gardening orders” to take control of 12 plots of privately owned Palestinian land near the Elad development, ostensibly to add new landscaping, new terraces and a new walking path. “Gardening orders” allow Israel to “temporarily” take over privately owned land for what are public purposes (like establishing a parking lot or public garden), based on the argument that the owners are not presently using the land. Importantly, as Emek Shaveh notes, the 12 plots in question are located in an area declared by Israel to be a national park, meaning that private landowners are legally barred from using their own land. Under these orders, this control would be for a period lasting 5 years, with the likelihood of extensions after that — tantamount to expropriation.  

In short, this is an Orwellian situation wherein Israel has actively blocked Palestinains from using their own land, and is now using the fact that the Palestinians aren’t using their land as a pretext for seizing it. Adding insult to injury, the land is being taken ostensibly for public purposes – but the public the seizures are designed is Elad and its supporters, not the Palestinian residents of the area.

Likud MK Re-Introduces Jordan Valley Annexation Bill

Likud MK Miki Zohar submitted two bills to the Knesset on March 18th, one of which provides for the annexation of the Jordan Valley by applying Israeli sovereignty over the area (the other proposes the death penalty for Palestinian political prisoners). Commenting on the bills, Zohar said that he hopes the legislation will “embarrass” Likud rivals Benny Gantz and Avigdor Liberman, saying: 

“Let’s see this wonderful cooperation between the Joint List, Yisrael Beiteinu and Blue and White. We will see how they will work together [with] those who work against the state. Shall we see [Gantz and Lieberman] oppose these legislations in order to please their new friends from the Joint List?”

Numerous bills to annex the Jordan Valley have been introduced in all of the recent Knesset sessions, but have not yet been procedurally advanced by the Netanyahu government. In September 2019 Netanyahu announced his own plan for annexing the Jordan Valley, but his plan was not submitted to the Knesset as a bill nor considered by the Israeli security cabinet.

FMEP tracks all annexation-related policies in its regularly updated Annexation Policy Tables.

Peace Now: Israeli Settlement Planning & Construction Surged in 2019

In a review of final 2019 settlement figures, Peace Now reports that Israeli settlement planning surged in 2019, growing from 2,100 units advanced in 2018 to 8,457 units advanced in 2019 (a 75% increase). Likewise, during the Trump-Netanyahu era (thus far), the average annual pace of settlement construction has been 25% higher than during the Obama era. Further, Peace Now notes that 2019 settlement planning and construction was “largely focused in isolated settlements and in areas that are highly problematic in terms of a two-state solution.” Peace Now’s Hagit Ofran notes:

“[the Israeli government is] trying to take advantage of the window of opportunity that they have under the Trump administration, knowing that it might change in a few months. There was no such supportive administration for the settlements previously, ever.”

Peace Now reports the following settlement-related developments that took place over the course of 2019:

New Outposts: 11 new outposts were established in contravention to stated Israeli law. Those outposts are:

• Tekoa E, located in the  Bethlehem area
• Nofei Prat South (Hill 324), located east of Jerusalem
• Susiya East, located in the South Hebron Hills
• Mitzpe HaTorah, located east of Jerusalem
• Rimonim North, located east of Ramallah
• Maskiot South, in the northern Jordan Valley
• Nili West, located west of Ramallah
• Makhrour, located in the Bethlehem area
• Halamish East, located north of Ramallah
• Mitzpe Kramim East, located east of Ramallah
• Kedar East, located east of Jerusalem

New Residential Units in Settlements/Outposts:  1,917 new settlement units were constructed. 

• 10% of the new units (195 housing units) were built illegally – i.e., in unauthorized outposts, without permits.
• 110 of these new settlement units were in the Jordan Valley.

New Non-Residential Construction in Settlements/Outposts: In addition to housing units, 2019 saw significant non-residential construction in settlements/outposts.

• Construction was started on 61 new public buildings (such as schools, synagogues etc.) in settlements;
• Construction was started on 87 new structures for industry or agriculture
  • 53% of these new structures for industry or agriculture are located in illegal outposts.

Advancement of Plans for New Construction: Settlement planning surged in 2019, including:

• Plans for 8,457 settlement units — to be built across 58 settlements — were advanced through various stages of the planning process. 
• Construction tenders were published for 1,761 settlement units
  • 805 of the units under tenders are located in East Jerusalem settlements.

New Report Examines Impact of Settlers Digging on Palestinian Homes in Silwan

In a new report entitled, “Fissures and Cracks,” Emek Shaveh surveys the damage to Palestinian homes above the so-called “Pilgrims Road” in the Wadi Hilweh section of Silwan. Palestinians believe the damage is the result of the extensive archaeological digs led by the radical settler group Elad, in cooperation with the Israeli Antiquities Authority. The report shares the stories of Palestinian families who have suffered because of structural damage to their homes.

Emek Shaveh writes:

“For over a decade, Palestinian residents of the neighborhood of Wadi Hilweh in Silwan have reported damage to their homes. Almost all the complaints come from families living along Wadi Hilweh’s main street which is situated above the archaeological excavation of a central tunnel in an underground network of tunnels, named the ‘Pilgrims’ Road’ by the Elad Foundation. Over time, damage to homes in the neighborhood has amassed and increased. In 2019, Emek Shaveh attempted to map the homes which have shown cracks in the walls or where walls have collapsed, to gauge the scope of the phenomenon, learn of the nature of the damage, and the degree of. proximity between the excavations and the damaged homes…the documentation…does not purport to substitute a comprehensive engineering investigation. However, it raises questions regarding the responsibilities of the authorities working in the neighborhood. The Jerusalem Municipality, the Nature and Parks Authority, the Israel Antiquities Authority, and the Elad Foundation all boast of exciting archaeological discoveries, praising the stepped street excavations as one of the most important discoveries in recent times. In light of the touristic development and archaeological research, these bodies must recognize the collapses and detrimental effect to homes located at the heart of the antiquities site and examine how they were caused and whether they are linked to the excavations. The authorities must find a suitable solution for the dozens of families whose homes were damaged, whether inadvertently or not.”