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

October 16, 2020

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

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

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

Overview

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

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

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

Record-Setting Settlement Activity in 2020

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

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

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

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

Ir Amim explains:

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

Peace Now writes:

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

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

Two Outposts Advance Towards Retroactive Legalization

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

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

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

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

The Council granted final approval to:

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

Plans the Council granted final approval for public deposit include:

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

Location of Approvals

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

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

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

1. 629 units in the Eli settlement, including the retroactive legalization of 61 units – located  south of Nablus and southeast of the Ariel settlement in the central West Bank. Though the Eli settlement previously received Israeli government approval, a “Master Plan” – which officially zones land for distinct purposes (residential, commercial, public) –  has never been issued for Eli, meaning all construction there is illegal under Israeli law;
2. 560 units in the Har Gilo settlement located just south of Jerusalem (covered in detail above);
3. 286 units in the Har Bracha settlement – located just south of Nablus. If implemented, these new units will double the size of Har Bracha;
4. 179 units in the Einav settlement – located northwest of Nablus;
5. 148 units in the Rimonim settlement – located between Ramallah and Jericho in the Jordan Valley;
6. A plan to grant retroactive legalization to 133 units in the Tapuach West outpost, thereby granting approval to the outpost itself (discussed above);
7. A plan to grant retroactive legalization to 120 units in the Pnei Kedem outpost by recognizing the outpost as a “neighborhood” of the Metzad/Asfar settlement although the two areas of construction are non-contiguous. Pnei Kedem is located between Bethlehem and Hebron in the southern West Bank;
8. 82 units in the Karnei Shomron settlement –  located in the northern West Bank east of the Palestinian village of Qalqilya. Israel is planning to continue expanding Karnei Shomron with the stated goal of bringing 1 million settlers to live in the area surrounding the settlement.;
9. 75 units in the Shimaa settlement, including the legalization of 14 units previously built without authorization;
10. 52 units received retroactive legalization in the Kfar Adumim settlement; 
11. 35 units in the Efrat settlement – located south of Bethlehem. As a reminder, Efrat is located inside a settlement block that cuts deep into the West Bank. Efrat’s location and the route of the barrier wall around it, have literally severed the route of Highway 60 south of Bethlehem, cutting off Bethlehem and Jerusalem from the southern West Bank. The economic, political, and social impacts of the closure of Highway 60 at the Efrat settlement (there is literally a wall built across the highway) have been severe for the Palestinian population;
12. 14 units (in one building) in the Maale Mikmash settlement – located east of Ramallah;
13. 10 units in the Barkan settlement – located about half way between the Ariel settlement and the cluster of settlements slated to be united into a “super settlement” area (Oranit, Elkana, Shiva Tikva, and others).
14. 7 units in the Peduel settlement –  located in the northern West Bank and part of a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line into the very heart of the West Bank and on towards the Jordan Valley; and,

Reactions

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

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

Samaria Regional Council head Yossi Dagan said:

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

Peace Now responded to the approvals in a statement saying:

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

Palestinian Prime Minister Mohammed Shtayyeh denounced the approvals, saying:

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

Palestinian Authority spokesman Nabil Abu Rudeineh said in a statement: 

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

UN High Representative Josep Borrell said in a statement:

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

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

“We are concerned about the reports of Israel’s settlement advancements in the occupied West Bank and will continue to follow developments closely, as the Israeli High Planning Committee finalizes its meetings tomorrow. The Secretary-General has consistently reiterated that all settlements are illegal under international law and remain a substantial obstacle to peace. We urge the Israeli authorities to refrain from such unilateral actions that fuel instability and further erode the prospects for resuming Palestinian-Israeli negotiations on the basis of relevant UN resolutions, international law and bilateral agreements.”

Plan for 570 Units in East Jerusalem Settlement Approved for Deposit

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

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

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

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

Israel Approves Construction of Elevator at Tomb of the Patriarchs

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

Regarding the significance of the plan, Emek Shaveh said:

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

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

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

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

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

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

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

Palestinians Report Newly Established Outposts & Land Confiscations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In First, Palestinian Authority Courts to Hear Lawsuits Against Settlers

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

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

Explaining how these cases might work, Shalaldeh said: 

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

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

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

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

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

Peace Now writes:

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

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

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

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

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

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

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

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

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

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

Bonus

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

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

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

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

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

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

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

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

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

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

Peace Now explains the issue with Israel’s design:

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

Further, Peace Now said in a statement:

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

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

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

Ir Amim explains:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bonus Reads

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

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

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

To subscribe to this report, please click here.

January 10, 2020

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

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

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

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

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

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

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

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

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

Netanyahu later said:

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

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

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

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

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

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

 The Civil Administration granted final approval to the following plans:

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

The Civil Administration advanced the following plans:

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

Peace Now said in a statement: 

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

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

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

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

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

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

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

Following ICC Announcement, Israel Begins Planning Jordan Valley Annexation

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

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

Haaretz reports:

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

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

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

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

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

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

Ir Amim explains essential context:

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

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

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

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

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

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

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

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

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

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

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

Ir Amim writes:

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

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

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

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

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

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

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

Following the ruling, Peace Now said:

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

Peace Now Wins Interim Decision Against Secretive Public Funding to Amana 

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

Peace Now said in a statement: 

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

Israeli Court Dismisses Palestinian Landowners’ Petition Against the Ofra Settlement

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

U.S. Secretary of State Mike Pompeo:

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

U.S. Ambassador David Friedman:

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

Israeli Prime Minister Netanyahu said:

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

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

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

Likud MK and former Mayor of Jerusalem Nir Barkat said:

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

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

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

Bonus Reads

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

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

To subscribe to this report, please click here.

November 22, 2019

1. 1. Trump Administration Reverses U.S. Policy on Legality of Israeli Settlements
   2. A Quick Review of U.S. Settlement Policy
   3. Reactions to the New U.S. Settlement Policy
   4. European Union Rejects Conflation, Upholds Labelling of Goods from Settlements
   5. Will the Trump Admin Implement Conflation by Changing U.S. Labelling Policy?
   6. Netanyahu Backs Bill to Annex the Jordan Valley
   7. Tender Published for First Ever Ma’ale Adumim Hotel
   8. Bonus Reads

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

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Trump Administration Reverses U.S. Policy on Legality of Israeli Settlements 

On November 18th — on the heels of the European Court of Justice’s ruling in support of accurate labeling of settlement products — U.S. Secretary of State Mike Pompeo announced that a comprehensive legal review by the State Department concluded that Israeli settlements are not “per se inconsistent with international law”:

“We believe that what we’ve done today is we have recognized the reality on the ground. We’ve now declared that settlements are not per se illegal under international law, and we have provided…the very space for Israel and the Palestinians to come together to find a political solution to this very, very vexing problem.”

According to a senior White House official, U.S. Ambassador to Israel David Friedman drove the effort to change U.S. policy on settlements, a mission that the ideologically-driven Ambassador began working on from the early days of his appointment. Friedman, who is much closer to President Trump than Secretary Pompeo,  offered a much more succinct and direct description of the latest policy shift, tweeting:

“After commissioning a lengthy and comprehensive review of the issues, Secretary Pompeo has concluded that Israeli civilian settlements in Judea and Samaria are not categorically illegal.”

Pompeo also stated that the U.S. will defer to Israeli courts concerning the legality of specific settlements – in effect suggesting that the U.S. is treating Israel as the sovereign power in the West Bank with sole authority to determine the legality/illegality of construction in it (a position which is arguably indistinguishable from recognition of Israeli annexation):

“we recognize that – as Israeli courts have – the legal conclusions relating to individual settlements must depend on an assessment of specific facts and circumstances on the ground.  Therefore, the United States Government is expressing no view on the legal status of any individual settlement. The Israeli legal system affords an opportunity to challenge settlement activity and assess humanitarian considerations connected to it. Israeli courts have confirmed the legality of certain settlement activities and has concluded that others cannot be legally sustained…”

As a reminder, the Israeli High Court of Justice is currently weighing major cases related to settlements, and specifically to the right of Israel to retroactively “legalize” illegal settler construction by means of seizing private Palestinian land. These cases highlight the fact that, in the opinion of Israel’s top law enforcement official, Israel has the right to suspend the rule of law to expropriate privately owned Palestinian land in the occupied West Bank and give it to Israeli settlers; the only disagreement he has with the Knesset is over the method of doing so. Specifically, the cases revolve around two competing legal strategies for legalizing outposts, as put forward by the government of Israel: 

1. The “market regulation” principle is a legal strategy developed by Israeli Attorney General Avichai Mandleblit in November 2017. According to this principle – which contradicts any notion of rule of law or the sanctity of private property rights – Israeli settlement structures and outposts built illegally on private Palestinian land can be legalized by the State if the State determines that the Israeli settlers acted “in good faith” when they took over and built on the land. The principle has been twice accepted by the Jerusalem District Court as a valid basis for taking land/legalizing settlement structures; it is now pending, on appeal, before the Israeli High Court, in two separate cases (the Mitzpe Kramim outpost case and the Alei Zehav outpost case). How the Court rules in these cases will, in effect, be the final decision on the constitutionality of the “market regulation” principle. (Note for readers who are deep follow this issue in detail: the market regilation principle was first advanced in relation to the Haresha outpost; the State subsequently found yet another basis  (in this case, construction of a road) for temporary expropriating privately owned Palestinian land to pave the way for the retroactive legalization of Haresha).
2. The settlement “Regulation Law” was passed by the Knesset in February 2017. Its purpose is, in effect, to direct the Israeli government to literally suspend the rule of law to seize privately owned Palestinian land for the benefit of settlers. The law was quickly challenged by civil society groups and has ever since been frozen while the High Court of Justice considers its constitutionality. Despite the freeze, in December 2018 the Israeli Cabinet voted unanimously to endorse a bill – called the “Young Settlements Bill” or “Regulation Law 2” – that, on the basis of the Regulation Law, directs the government to treat 66 unauthorized outposts built on privately owned Palestinian land as legal settlements, while giving the government 2 years to find a way to legalize them retroactively. It should be noted that Israeli Attorney General Mandleblit opposed both the Regulation Law and the “Young Settlements Bill,” and in fact called on the High Court of Justice to overturn the Regulation Law (in favor of his own “market regulation principle.” In a letter to the High Court Justices, Mandleblit argued that implementing the “market regulation principle” is “a more proportionate and balanced measure than the arrangement prescribed in the Regulation Law,” providing a more narrow legal basis by which Israel can strip Palestinian landowners of their rights (estimating that 2,000 structures can be legalized under the “market regulation principle,” compared to an estimated 4,000 under the Regulation Law).

FMEP tracks all Knesset, Cabinet, and Judicial action related to annexation in its Annexation Policy Tables. For Knesset legislation related to annexation, see Yesh Din’s handy Annexation Legislation Database.

A Quick Review of U.S. Policy on Settlements 

The Nov. 18th announcement adds yet another chapter to the decades-long dance of U.S. Presidents articulating the stated U.S. policy vis a vis Israeli settlements, which by and large has remained remarkably consistent. 

The closest U.S. policy has ever come to calling the settlements illegal was under the Carter Administration, which produced the Hansell Memorandum to Congress stating  that the U.S. holds settlements are “inconsistent with international law.” However, Carter’s Chief of Staff wrote an even further in a memo  where he wrote “Our position on illegal settlements is well know.” The memo used the term “illegal” 16 times. 

In 1981, U.S. President Ronald Reagan softened the Carter Administration’s language, instead insisting that settlements are merely harmful to the peace process, language which has been echoed, if not in exact wording, by all the following administrations. Notably, President Reagan was the first U.S. President to call for a settlement freeze. 

Under Pres. George H.W. Bush, the stated U.S. policy was to “oppose new settlements in territories beyond the 1967 lines.”  Bush then insisted on conditioning U.S. loan guarantees to Israel based on Israel’s settlement activity. 

President Clinton called the settlements an “obstacle to peace” and later, in 2001, said that the settlement enterprise “is inconsistent with the Oslo commitment.” 

The “Roadmap”  produced by President George W. Bush insisted on a settlement freeze and the evacuation of outposts. 

The Obama Administration continued to call for a settlement freeze. At the tail end of the Obama Adminstration, in December 2016, Pres. Obama abstained from vetoing (but did not actively support) the passage of UN Security Council Resolution 2334, which declared that Israeli settlements in the West Bank and East Jerusalem have “no legal validity and constitutes a flagrant violation under international law.” While pains have been taken by the U.S. to perfectly enunciate its publicly stated policy, successive Israeli governments have continued to build settlements in the West Bank and East Jerusalem without consequences.

Noura Erekat, Palestinian human rights attorney, legal scholar, writer, and assistant professor at Rutgers University, explains the consistency in U.S. settlement policy over the years:

“This is not necessarily a reversal in U.S. policy, only in its stated policy. For 50 — for more than five decades, since 1967, all U.S. administrations have talked out of both sides of their mouth. On the one hand, they have condemned settlements as counterproductive to peace and as a contravention of international law, and, on the other hand, have provided Israel with the unequivocal diplomatic, military and financial aid in order to entrench their settlements. Even the Obama administration, as it was abstaining on U.N. Security Council Resolution 2334 condemning the settlements as a flagrant violation, has been part of the problem. They issued that abstention only two weeks before they left office. Simultaneously, the Obama administration increased aid from $3 billion to $3.8 billion a year. And in 2012, that same administration used its first veto at the Security Council to condemn a resolution, a U.N. Security Council resolution condemning settlements using exact U.S. foreign policy language on settlements. So, what we’re seeing now is not a sharp reversal of U.S. foreign policy on the question of settlements and Palestine, but instead the culmination of it. For us to blame this on Trump is basically to exculpate ourselves and to create a revisionist history. Instead, we should be accountable and actually take responsibility for how we have been part of this problem.”

The overwhelming majority of the international community holds that all Israeli settlements and outposts in the West Bank are illegal pursuant to Article 49 of the Fourth Geneva Convention, which states (as excerpted by Amnesty International): 

“The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” It also prohibits the “individual or mass forcible transfers, as well as deportations of protected persons from occupied territory”.

Reactions to the New U.S. Settlement Policy

The following are statements made by key international actors, organizations, and civil society organizations in reaction to the U.S. settlement announcement. Reactions from Israel – both predictable and unpredictable – are nicely summarized and analyzed by The Times of Israel settlements correspondent Jacob Magid here.

Palestinian Authority Foreign Minister Riyad Malki called on the international community to issue a firm response to the U.S. declaration, saying in a statement:

“The State of Palestine condemns in the strongest terms the US administration’s lawless position on Israel’s illegal settlements in occupied territory of the State of Palestine, as announced by the Secretary of State Mike Pompeo. This position violates international law, decades-long international consensus over the issue and determinations of the International Court of Justice, the High Contracting Parties to the Geneva Conventions and United Nations resolutions, including Security Council resolutions. The current US Administration has adopted an anti-Palestinian agenda and endeavored to empower and legitimize the Israeli colonial settler agenda. This ideologically driven and irresponsible policy, including this most recent announcement by Secretary Pompeo, proves beyond any doubt that the current US administration has aligned itself with Israel’s illegal colonial enterprise and thus fails to meet the most basic requirements to play any role in any future solution. This administration cannot and will not rewrite international law. However, the Trump administration’s disregard to the Palestinian people’s inalienable rights is symptomatic of its disregard and contempt to the rules-based international system and multilateralism, whose effects go beyond the Question of Palestine. Allowing this agenda to prevail would ensure the demise of the international order and cause irreversible damage to the achievements of humanity over the past seven decades and threatens to plunge the world into chaos and violence. The State of Palestine will not stop pursuing justice and redress for the Palestinian people. The Palestinian leadership will continue to take all measures possible to honor its moral and political responsibility towards our people, and defend their national rights including their natural right to a life of dignity, freedom and prosperity.”

Jordan Foreign Minister Ayman Safadi said in a tweet:

“Settlements in occupied Palestine are a blatant violation of Int’l law & UNSCRs. They are an illegal action that’ll kill 2-state solution. Jordan’s position in condemning them is unwavering. We warn against dangerous consequences of US change of position on settlements on MEPP”

The Saudi press reported that the Saudi government rejects the new U.S. position.

U.N. human rights spokesman Rupert Colville said at a press briefing:

“We continue to follow the long-standing position of the U.N. that Israeli settlements are in breach of international law. A change in the policy position of one state does not modify existing international law nor its interpretation by the International Court of Justice and the Security Council.”

United Nations Special Rapporteur Michael Lynk said that the U.S. announcement is:

 “the latest in a series of recent moves that has undermined the rules-based international order. This will only confirm a one-state reality characterized by a rigid two-tier system of legal and political rights, based on ethnicity and religion. This would meet the international definition of apartheid.”

The European Union’s High Representative/Vice-President Federica Mogherini said in a statement:

“The European Union’s position on Israeli settlement policy in the occupied Palestinian territory is clear and remains unchanged: all settlement activity is illegal under international law and it erodes the viability of the two-state solution and the prospects for a lasting peace, as reaffirmed by UN Security Council Resolution 2334. The EU calls on Israel to end all settlement activity, in line with its obligations as an occupying power. The EU will continue to support a resumption of a meaningful process towards a negotiated two-state solution, the only realistic and viable way to fulfil the legitimate aspirations of both parties.”

Reportedly, the state of Hungary blocked an effort by the European Union to issue a joint statement signed by all 28 member states condemning the new U.S. policy. Many European states issued independent statements, all opposing the U.S. statement.

The German government issued a statement saying:

“The Federal Government reaffirms its position with regards to Israel’s settlement policy in the occupied territories. In the Federal Government’s view, the construction of settlements is illegal under international law, represents an obstacle to the possibility of a peace process and makes a negotiated two-state solution more difficult. We wish to refer in this regard to Resolution 2334 of the UN Security Council, which reaffirms this assessment under international law. Together with its partners in the EU, the Federal Government will continue to work to achieve an amicable negotiated solution that takes into account the legitimate demands of both parties to the conflict.”

The French government released the following statement:

“Israel’s settlement policy in the occupied territories is illegal under international law, in particular international humanitarian law, and contravenes Security Council resolutions. Colonization also contributes to escalating tensions on the ground and undermines the two-State solution. Such is the constant position of France. We regret any decision likely to encourage the continuation of colonization.”

Switzerland released a statement saying:

“Switzerland’s position towards Israeli settlements is very clear: they are illegal under international law, in particular the Fourth Geneva Convention. They also constitute a major obstacle to peace and the implementation of a two-State solution. Switzerland regularly calls on the Israeli authorities to cease all settlement activity, in accordance with their obligations as the occupying power.”

Spain released the following statement:

“The Government of Spain wishes to reiterate its public and constant position on the settlements, which coincides with the collection in various resolutions of the United Nations, especially Resolution 2334 of the Security Council, of December 2016. Spain considers, as stated in the aforementioned resolution , that the settlements in the territories occupied by Israel since 1967 have no legal validity and constitute a flagrant violation of International Law. They are also an obstacle to the negotiated solution of the two States and the achievement of a just and lasting peace that meets the legitimate aspirations of both parties. Therefore, the Government of Spain calls for an end to the settlements, in line with that made by the High Representative of the European Union.”

A spokesman for the International Committee of the Red Cross said:

“the ICRC has repeatedly stated that Israel’s settlements policy goes against key provisions of IHL, or the law of occupation, and is contrary to its intent and spirit. The recent U.S. declaration does not change the ICRC’s position on the matter.”

The Vatican released the following statement:

“In the context of recent decisions that risk undermining further the Israeli-Palestinian peace process and the already fragile regional stability, the Holy See reiterates its position of a two-state solution for two peoples, as the only way to reach a complete solution to this age-old conflict. The Holy See supports the right of the State of Israel to live in peace and security within the borders recognized by the international community and supports the same right that belongs to the Palestinian people, which must be recognized, respected and implemented.”

Peace Now said in a statement:

“No declaration will change the fact that the settlements were built on occupied territory, in contravention of international law, and that they pose among the greatest obstacles to peace. It is an Orwellian absurdity to claim that greenlighting more egregious settlement activity by undermining the international consensus against them will foster better conditions for a just and viable conflict-ending agreement.”

B’Tselem said in a statement:

“The Trump Administration’s farcical announcement doesn’t just green-light Israel’s illegal settlement project, but also other human rights violations around the world by obliterating the principles of international law. In so doing, the American administration is pushing the world over 70 years backwards, to the period at the end of the 2nd world war, when only in its aftermath did the world come to terms with the consequences of the absence of such protections.”

The Association for Civil Rights in Israel said in a statement:

“Settlements and outposts are illegal under international law, and no political declaration can change that fact. The settlements, which are founded on occupied Palestinian land, lead to a continued and systematic violation of the rights of Palestinians living in the West Bank. To legalize such a sweeping violation and to justify the institutionalized legal regime of two legal systems in the West Bank-based on an ethnic-national basis violates the rights of millions of people living under occupation and cannot be justified via a baseless statement stemming from purely political interests.”

Amnesty International said in a statement:

“Today, the United States government announced to the rest of the world that it believes the U.S. and Israel are above the law: that Israel can continue to violate international law and Palestinians’ human rights and the U.S. will firmly support it in doing so.”

Human Rights Watch said in a statement:

“This changes nothing. President Trump can’t wipe away decades of established international law that settlements are a war crime.”

J Street said in a statement:

“The International Court of Justice and the United Nations have made clear the judgment of the world that Israel’s settlement enterprise is illegal under international law. This administration’s attempt to unilaterally erase those judgments only further shatters America’s limited remaining credibility in the region and around the world.”

Americans for Peace Now said in a statement:

“This latest announcement by the Trump administration will do further damage to prospects for peace, particularly if it is taken by right-wing Israeli politicians as yet another indication that President Trump will accept Israeli annexation of parts of the West Bank. This damages US national interests which, as successive US administrations of both parties have held, will be served by a peaceful resolution to the Israeli-Palestinian conflict. Meanwhile, in bucking the international legal consensus on the status of settlements in territory occupied by Israel, the Trump administration is deepening America’s isolation. It is also chipping away at the international legal order the US helped established, which has served US interests since the end of World War II.”

Jewish Voice for Peace said in a statement:

“The pronouncement by Pompeo is just the latest atrocity in the Trump administration’s farcical peace plan: Moving the U.S. embassy to Jerusalem, defunding UNRWA, embracing Netanyhau’s plans of massive annexation of Palestinian land, and now an attempt to undo decades of international consensus on the illegality of the settlements. That the plan is devoid of peace is no surprise, but the contempt it shows for cooperation and an agreed-upon set of ethics that safeguards the most vulnerable in war and conflict is alarming.  Pompeo couldn’t be more wrong claiming that, ‘arguments about who is right and who is wrong as a matter of international law will not bring peace.’ In fact, holding ourselves and each other to principles, like those within international law, is essential to bring not just peace, but freedom, equality and justice. The Trump administration was never focused on promoting peace, but instead on propping up Netanyahu’s and Trump’s careers and perpetuating Israeli control and dominance over Palestinian land and lives at all costs. Pompeo and the Trump administration don’t get to rewrite international law.”

European Court Rejects Conflation, Upholds Labelling of Goods from Settlements

On November 12th, the European Court of Justice (ECJ) ruled that EU member states must properly identify products made in Israeli settlements on their labels, a decision upholding the EU’s legal distinction between Israel proper and Israeli settlements in the occupied territories. 

The ECJ said in the ruling:

 “[settlements] give concrete expression to a policy of population transfer conducted by that State outside its territory, in violation of the rules of general international humanitarian law…[failure to identify the point of origin of produce meant that] consumers have no way of knowing, in the absence of any information capable of enlightening them in that respect, that a foodstuff comes from a locality or a set of localities constituting a settlement established in one of those territories in breach of the rules of international humanitarian law.”

The case came to court after the Psagot Winery, located in the Psagot settlement, brought a legal challenge against France’s labelling policy, arguing that any differentiation between Israeli products and products made in the settlements is discriminatory. In June 2019, a top advocate general for the European Court of Justice issued a preliminary opinion rejecting that argument and stressed that EU law requires labelling products based on their true origin in order to give customers the necessary information to make informed purchasing decisions. Reportedly, Psagot Winery hired a prominent U.S. lobby firm (which employs former US ambassador to the EU Stuart Eizenstat)  to lobby Congress on its behalf against the labeling effort.

Commenting on the ECJ’s ruling, Palestinian negotiator Saeb Erekat urged further action, writing in a column in Haaretz:

“A large percentage of settlers live in occupied Palestine thanks to the economic incentives they receive, including benefits from international agreements signed with Israel, and the support of several organizations working freely in Western countries, such as the Jewish National Fund. That is why the decision of the European Union Court of Justice regarding the labeling of Israeli settlement products is an important step. It reiterates the international obligation of differentiation between Israel and the territory it occupies, as laid out in UN Security Council resolution 2334.Still, we believe that settlement products shouldn’t just be labelled, but banned. There is nothing ethical in trading in products made with stolen natural resources on stolen land. That is why we cannot understand why the UN High Commissioner for Human Rights, Michelle Bachelet, still hasn’t fulfilled the mandate given to her by the UN Human Rights Council in Resolution 31/36 – to publish the long-overdue list of companies involved with the Israeli occupation.”

Unsurprisingly, the Trump Administration issued a statement criticizing the court’s ruling:

“The United States is deeply concerned by the EU requirement identified in the decision issued yesterday by the Court of Justice of the European Union (CJEU) in the Psagot Case. The circumstances surrounding the labeling requirement in the specific facts presented to the Court are suggestive of anti-Israel bias. This requirement serves only to encourage, facilitate, and promote boycotts, divestments, and sanctions (BDS) against Israel. The United States unequivocally opposes any effort to engage in BDS, or to otherwise economically pressure, isolate, or otherwise delegitimize Israel. The path toward resolving the Israel-Palestinian conflict is through direct negotiations. America stands with Israel against efforts to economically pressure, isolate, or delegitimize it.”

As explained at length by FMEP’s Lara Friedman, forces in the U.S. have long worked to conflate Israel with its settlements as a matter of U.S. law and policy — including actions in Congress (i.e., legislation conflating the two, Congressional actions objecting to differentiation in labeling, etc.). 

Will the Trump Admin Implement Conflation by Changing U.S. Labelling Policy?

Speaking to Al-Monitor, FMEP President Lara Friedman warns that the timing of the Trump Administration’s settlement policy announcement might be linked to the ruling last week by a European court upholding the EU’s policy of differentiation and ruling that products made in Israeli settlements cannot be labelled “Made in Israel.” Friedman said:

“I don’t think it is a coincidence that this is happening days after the European Court of Justice ruling on labeling. That is clear. The substantive impact will depend on what flesh we [the U.S.] put on the bones. The President, the State Department can tell Customs and Border to change our policy on labeling [of goods produced from the settlements].”

If the policy change is directed by the White House, it would be doing so with ample standing in U.S. law as passed by the Congress, which for the past four years has intentionally included wording the explicitly conflates Israel with the settlements as far as U.S. law is concerned. Lara Friedman has maintained a detailed table documenting such legis;ation, which she first warned about in 2015.

Netanyahu Backs Bill to Annex the Jordan Valley

Following the Nov. 18th announcement changing U.S. policy on Israeli settlements, Israeli Prime Minister Netanyahu agreed to support and expedite the passage of a Knesset bill providing for the annexation of the Jordan Valley – some 25% of land in the occupied West Bank. The bill was introduced on November 3rd by Likud MK Sharren Haskell, and it calls for extending Israeli sovereignty over the area. On November 19th, Haskel tweeted that she has submitted a request to exempt the bill from the mandatory 6-week waiting period, so that it can be brought to a vote next week regardless of the fact that there is a caretaker government while Israeli political chaos continues to unfold.

In a video message posted to Twitter, Netanyahu said:

“The historic decision by the American administration from yesterday hands us a unique opportunity to set Israel’s eastern border and annex the Jordan Valley.”

Netanyahu previously vowed to annex the Jordan Valley should he be reelected, a plan which was endorsed by his rival Benny Gantz and supported by then-U.S. National Security Advisor John Bolton. Notably, when Netanyahu promised to annex the Jordan Valley, he stated that he would have already enacted his Jordan Valley annexation plan if not for Israeli Attorney General Avichai Mandleblit’s opposition to taking a decision of this magnitude while Netanyahu was overseeing a caretaker government. 

Shlomo Eldar, columnist for Al-Monitor, discusses the politics that contribute Netanyahu’s sudden endorsement of Haskell’s bill (which had been introduced in the previous Knesset but not supported by Netanyahu):

“It is not clear how the present Knesset will vote on the bill for annexing the Jordan Valley, should it ever come to a vote. What is clear is that the issue of the valley’s annexation has created a catch-22 for Gantz and the Blue and White. A vote in favor by his alliance will lead it to lose Joint List support after the next elections. There is no chance that members of the Joint List will support a faction that endorses any kind of annexation. If Blue and White begins to vacillate and oppose the bill, then Netanyahu will criticize and ridicule them during the election campaign. Therefore Knesset member Avi Nissenkorn (Blue and White), head of the Knesset’s Arrangements Committee, will definitely try to prevent the bill from reaching the stage of a preliminary hearing. Regardless of whether Nissenkorn succeeds, it seems that annexation of the Jordan Valley is on its way, with the encouragement of the Trump administration.”

Under Netanyahu’s own annexation plan, Israel would annex land constituting nearly a quarter of the West Bank (22.3%) including 30 settlements and 18 illegal outposts. According to Peace Now, 20% of the targeted land (62,000 acres) is privately owned by Palestinians and approximately 8,775 Palestinians live in 48 Palestinian herding communities in the area he plans to annex. 

In total, some 11,000 settlers and 65,000 Palestinians live in the Jordan Valley – the latter facing severe restrictions on land use and freedom of movement, and lack of access to municipal services like water and electricity. Israeli government officials have publicly and repeatedly demanded complete Israeli sovereignty over the Jordan Valley in the context of any peace agreement, meaning that any future Palestinian state would be entirely encircled by Israel, having no international border with any other nation. 

Yesh Din tracks all Knesset legislation related to annexation in this handy Annexation Legislation Database, and FMEP tracks all Knesset, Cabinet, and Judicial action related to annexation in its Annexation Policy Tables.

Tender Published for First Ever Ma’ale Adumim Hotel

On November 18th, the Israel Lands Authority published a tender for the construction of a six-story hotel in the Ma’ale Adumim settlement, located in the West Bank just east of Jerusalem. The Jerusalem Post reports:

“Hagit Ofran of Peace Now said tenders have unsuccessfully been published for hotels in Ma’aleh Adumim in the past. Such development should be inside of sovereign Israel and not outside of it, she said, adding that it does not serve Israel’s interest to encourage tourism in the West Bank settlements.”

Israel’s intentional investment and green light to expanding the settlement tourism industry is a strategic endeavor intended to entrench settlements, provide for their expansion, normalize their existence within the international community, and advance their seamless integration into Israeli territory. In a recent report on companies which profit from tourism in the settlements, Amnesty International further explains:

“In recent years the Israeli government has invested huge sums to develop the tourism industry in settlements. It uses the designation of certain locations as tourist sites to justify the takeover of Palestinian land and homes, and often deliberately constructs settlements next to archaeological sites to emphasize the Jewish people’s historic connections to the region.”

Bonus Reads

1. “With softening of US settlement policy, is annexation train leaving the station?” (Times of Israel)
2. “Secular Israelis Flock to West Bank Settlements in Search of Good, Cheap Life” (Haaretz)
3. “The Problem With Settlements Is Not That They Are Illegal. It’s That They Are Immoral” (The Forward)
4. “On West Bank, No One Rests Easy, No Matter What U. S. Says About Settlements” (New York Times)
5. “Stop Calling Violent Settlers Bad Apples. They Are The Inevitable Outcome Of Occupation” (The Forward)
6. “West Bank settlers escalate attacks on Arab olive harvesters in annual violence” (Washington Post)
7. “‘It’s So Easy to Live Here.’ Jewish Settlements Go Mainstream in Israel” (Wall Street Journal)

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

To subscribe to this report, please click here.

November 8, 2019

1. Israel Advances Plans for 2,342 New Settlement Units
2. Israeli Government Approves Settler-Initiated Plans for Cable Car in Jerusalem — Despite Professional, Human Rights Objections
3. Israel Plans to Build a New Waste Treatment Plant (to serve Israelis)  in the West Bank
4. No More Waiting: MKs Introduce Annexation Bills Despite Political Deadlock
5. Annexation-via-New Roads (the new Smotrich Plan)
6. Annexation-via-Movies (Govt-Funded Settlement Hasbara)
7. Annexation-via-Education (Ambassador Friedman’s Favorite Medical School)
8. Settler Leaders Elect New Chairman of the Yesha Council
9. Israeli Official Calls on Evangelicals to Defend Settlements, Fight BDS, and Support “Economic Peace”
10. Bonus Reads

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

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Israel Advances Plans for 2,342 New Settlement Units

With little attention, on October 10th the High Planning Council – a body within the Israeli Defense Ministry’s Civil Administration, responsible for regulating all construction in the West Bank – advanced plans for 2,342 new settlement units, as well as for two additional settlement projects. Of that total, 719 units were approved for validation (the penultimate step in the planning process), and 1,623 settlement units were approved for deposit for public review (an earlier but decisive stage in the planning process).

The 719 units which received final approved for validation comprise:

• 207 units in the Bracha (aka Har Bracha) settlement, located south of Nablus. In September 2019, the Israeli Central Command signed an order that expanded the settlment’s jurisdiction, a move which paved the way for the approval of these new units (see our September 2019 report). According to Peace Now, this plan – if implemented – will significantly expand both settlement’s population and its physical footprint. 
• 206 units in the Tzofim settlement, located north of the Palestinian town of Qalqilya – a town completely encircled by Israel’s seperation barrier (except for a single road connecting it to the rest of the West Bank) – in the northern West Bank.
• 166 units in the Alei Zahav settlement, located in a string of settlements stretching across the northern West Bank. Alei Zahav and its settlement neighbors create a contiguous Israeli populated areas linking Israel proper (west of the Green Line) all the way to the Ariel settlement, located in the heart of the West Bank (the eastern end of Ariel is closer to the Jordan border than to the Green Line). Notably, Alei Zahav is one of the settlements in which the “market principle” has been applied to legalize settlers theft of land recognized by Israel as belonging to Palestinians (see our July 2019 report).
• 140 units in the Mezadot Yehuda settlement, located at the very southern tip of the West Bank, just south of the Palestinian village of Susya, which the Israeli government has been threatening to demolish for years. This plan would nearly double the number of authorized units in the settlement.

Also receiving final approval for validation:

• A plan to retroactively legalize the illegal Brosh outpost in the Jordan Valley. According to Peace Now, the Brosh settlement serves as an educational institution that houses hundreds of students and families of staff members. 
• A plan to build a tourist/visitors center in the Shilo settlement – where settlers and the Israeli government have been investing in developing tourism sites for Jewish and evangelical tourists.

The 1,623 units which were deposited for public review include:

• 609 units in the Beitar Illit settlement, located west of Bethlehem, near the Green Line. Beitar Illit is a massive, fast-growing ultra-Orthodox settlement.
• 382 housing units in the Dolev settlement, located west of Ramallah. This is a significant plan for Dolev, as it will more than double the number of existing units. Prime Minister Netanyahu previously promised to build 300 new units in Dolev in response to a Palestinian-perpetrated bombing at a spring (which settlers had taken over from Palestinians) near the settlement that killed a 17-year old Israeli and injured several others. 
• 182 units in the Mevo’ot Yericho settlement, located north of Jericho in the Jordan Valley. The validation of this plan is the actualization of the Israeli security cabinet decision to grant the illegal outpost of Mevo’ot Yericho retroactive legalization, an action for which the security cabinet urgently convened on the eve of the September 19th elections. The plan approved by the High Planning Council on Oct. 10th granted legalization to the existing 20 existing units and, if implemented, will allow the settlement to significantly expand.
• 146 units in the Kfar Etzion settlement, located southwest of Bethlehem.
• 140 units in the Kerem Reim outpost located north west of Ramallah. Peace Now has repeatedly challenged the illegal construction of the Kerem Reim outpost, which the Israeli government retroactively legalized by declaring it a neighborhood of the Talmon settlement even though the areas are non-contiguous. Though a court rejected one Peace Now petition, there is an ongoing case against the Amana settler organization which Peace Now alleges engaged in illegal activities to build the outpost.
• 100 units in the Nokdim settlement, located southeast of Bethlehem. Former Israeli Defense Minister Avigdor Liberman – currently one of the most important figures in the race to form a governing coalition – lives in Nokdim.
• 64 units in the Telem settlement, located west of Hebron.
• A plan to build new shops and services in the Kochav Yakov settlement, located between Jerusalem and Ramallah.

Peace Now said in a statement: 

“The figures speak for themselves. Netanyahu continues to sabotage the possibility of a political agreement with the Palestinians by promoting more settlement construction in the West Bank, including in places where Israel may have to evacuate as part of a future agreement. This is yet another dangerous step for both Israel and the Palestinians, led by a transitional prime minister whom the public did not trust in his policies. The next government must put a freeze on the development of settlements and to strive for immediate resumption of negotiations with the Palestinians without preconditions and to end the bloody conflict based on the principle of two states for two peoples.”

The European Union issued a statement criticizing the approvals, saying:

“The European Union’s position on Israeli settlement policy in the occupied Palestinian territory is clear and remains unchanged: all settlement activity is illegal under international law and it erodes the viability of the two-state solution and the prospects for a lasting peace, as reaffirmed by UN Security Council Resolution 2334. Israeli authorities also approved a building permit for the construction of a new tunnel road, which bypasses Bethlehem to the west. The progressive construction of a separate road network, connecting settlements and outposts to each other and to the road network in Israel while circumventing Palestinian towns and communities, is entrenching the fragmentation of the West Bank. The EU calls on Israel to end all settlement activity, in line with its obligations as an occupying power. The EU will continue to support a resumption of a meaningful process towards a negotiated two-state solution, the only realistic and viable way to fulfil the legitimate aspirations of both parties.”

Israeli Government Approves Settler-Initiated Plans for Cable Car in Jerusalem — Despite Professional, Human Rights Objections

On November 4th, the Israeli Housing Cabinet approved a settler-initiated plans to build a cable car line in East Jerusalem, despite the fact that the Israeli Attorney General has not yet rendered a decision on whether plans for such a significant and sensitive project can be advanced by a caretaker Israeli government. Emek Shaveh – an Israeli NGO fighting the politicization of archeology in Jerusalem – announced that it intends to appeal the approval to the Israeli Supreme Court.

As FMEP has repeatedly covered, this Jerusalem cable car project is an initiative of the Elad settler organization (which is building a massive tourism center – the Kedem Center – in the Silwan neighborhood, which will be a stop along the cable car’s route). The scheme is intended to further entrench settler control, via archeology and tourism sites, inside the Silwan neighborhood of East Jerusalem, while simultaneously delegitimizing, dispossessing, and erasing the Palestinian presence there. Non-governmental organizations like Emek Shaveh,  Who Profits, and Terrestrial Jerusalem have repeatedly discredited the government’s contention that the cable car serves a legitimate transportation need in Jerusalem, and have clearly enumerated the obvious political drivers behind the plan, the archeological heresies it validates, and the severe impacts the cable car project will have on Palestinian residents of Silwan.

Ir Amim field researcher Aviv Tartarsky told Middle East Eye:

‘The project is a way to whitewash Israel’s taking of areas in Silwan to use for archaeological and touristic reasons…If someone wants to go to the Western Wall of the Old City, they have to go through the ELAD activity centre. This project will give ELAD legitimacy and influence, as it is taking part in a governmental project. This is the political reason for why the government is doing this project,’ Tatarsky said.”

Israel Plans to Build a New Waste Treatment Plant (to serve Israelis) in the West Bank

In October 2019 the Israeli government issued a construction tender to build a waste-to-energy plant in the West Bank, on an area of land that is within the jurisdiction of the Ma’ale Adumim settlement where several Palestinian Bedouin communities live. The plant – which is expected to cost USD $284 million (1 billion NIS)  – will treat Israeli-generated waste. 

B’Tselem – which previously published a comprehensive report criticizing the illegal Israeli practice of exporting its waste to the occupied territories – writes:

“For many years, Israel has been taking advantage of its power as occupier to transfer the treatment of waste (including hazardous waste) and sewage from its sovereign territory to the West Bank. To that end, it has created a situation in which environmental legislation in the West Bank is much laxer than inside Israel, conveniently overlooking the long-term impact of environmental hazards on the Palestinian population and on natural resources, and neglecting to prepare future rehabilitation plans. This has created a financial incentive to transfer the treatment of environmental hazards from Israel to the West Bank. The Palestinians who live in the occupied territory are the ones to pay the price for this environmental damage, even though they were never asked their opinion on the matter and although, as a population under occupation, they have no political power and no real ability to resist.”

B’Tselem also takes aim at the European Union (EU), which has invested millions in the implementation of the Isareli Ministry of Environmental Protection’s 2030 strategic plan, of which the waste-to-energy treatment plant is a part. B’Tselem writes:

“In 2019, Israel and the EU signed an agreement as part of the EU’s twinning instrument, which establishes cooperation with the EU’s neighboring countries, guaranteeing Israel approximately 1.5 million euros over the next two years to support the Ministry of Environmental Protection’s implementation of its 2030 strategic plan. In the agreement, Israel committed to creating a legal framework that adopts European practices and standardization for sustainable waste treatment. As in every agreement between the EU and Israel, it contains a territorial clause that stipulates that it will not apply beyond Israel’s 1967 borders. Yet the EU’s support for the ministry’s strategic plan – which defines the establishment of the plant at Ma’ale Adumim as a goal and presents the exploitation of West Bank land to resolve environmental problems as a matter of course – empties this annex of meaning. By supporting this plan, the EU will be supplying Israel with knowledge and experience that will help deepen its exploitation of Palestinian land resources and bolster the economic status of the Ma’ale Adumim settlement.”

No More Waiting: MKs Introduce Annexation Bills Despite Political Deadlock

Israeli political figures appear to be done waiting for a new government to be formed before acting on the loud signals from the Trump Administration supporting Israeli annexation of West Bank land. 

On November 4th, Yamina party leader Ayelet Shaked  filed a bill with the Knesset to unilaterally annex the Jordan Valley, the Ma’ale Adumim settlement just east of Jerusalem, and all 22 settlements and 75,000 Israeli settlers in what is broadly termed the Etzion “settlement bloc” located south of Bethlehem. Shaked’s bill calls for Israel to “apply sovereignty” to these settlements, which in practice would constitute the annexation of the settlements.  Applying Israel law to areas outside of Israel’s sovereign borders is de facto annexation, as FMEP has explained and documented.

Shaked urged expeditious consideration of the bill, saying:

“There is a diplomatic window of opportunity and willingness on the part of the US for this kind of annexation that will not return. We cannot afford to hesitate or wait. We must take advantage of this window of opportunity immediately and begin to apply sovereignty over these areas. It is for this reason that the State of Israel cannot be dragged into another election cycle.”

On November 3rd, Likud MK Sharren Haskel submitted a draft bill for the annexation of the Jordan Valley, a bill she has introduced previously without success. Haskel said:

“It’s time to make the residents of the Jordan Valley legal Israeli citizens, thus kick-starting the development and prosperity of the region.The communities of the Jordan Valley and their residents are a strategic resource of the highest order for Israel. There is a wide consensus today about the region, following the long-awaited U.S. president’s recognition of the Golan Heights as under Israeli sovereignty. It is time to do the same with the Jordan Valley. After Blue and White leader Benny Gantz proposed to do the same, I call upon him and my fellow party members to support my proposal.”

In March 2019, ahead of the first round of Israeli elections this year, leaked reports suggested that U.S. diplomats were engaged in discussions with Israel about the latter’s intention to annex several “settlement blocs” – even more so-called blocs than called for by Shaked’s latest plan – following the elections. The reports were not corroborated by U.S. sources, but in the intervening time U.S. Ambassador to Israel David Friedman has made repeated statements to the press (in addition to speculative reporting about a forthcoming U.S. political plan) in support of Israel’s right to annex territory in the West Bank – cues the Israeli government has enthusiastically welcomed. In the lead-up to the September elections, Netanyahu vowed to annex the Jordan Valley should he be reelected, a plan endorsed by his rival Benny Gantz and supported by then-U.S. National Security Advisor John Bolton.

As a reminder, over the years there has been no shortage of attempts to normalize the idea that Israel will retain “settlement blocs” in any negotiated peace agreement — logic that originally applied narrowly to the Etzion bloc (defined on much less expansive terms), Maale Adumim, and, in the eyes of some, Ariel. The terminology has been exploited for decades by the Israeli government to convey legitimacy to building in the so-called “blocs.” Over the years the definition of what is a “bloc” has been twisted to include a much larger idea of the Etzion bloc, as well as the entire Jordan Valley. The implied idea regarding what the blocs are and the fact that they are inarguably Israel’s to keep, is incredibly misleading. The term “settlement blocs” has no formal definition or legal standing, and the future of the blocs – no matter how they are defined – is indisputably a matter at the heart of what will one day be negotiations aimed at a two-state solution (if there is ever to be such a solution). For more context, see resources from Americans for Peace Now here and here.  (NOTE: A Haaretz investigation last year estimated that a total of 380,000 Israeli settlers live in the West Bank, of which 170,000 live outside of the so-called blocs, as defined by Haaretz).

Annexation-via-New Roads (the new Smotrich Plan)

On November 1st, Israeli Minister of Transportation Bezalel Smotrich unveiled  a new government plan to advance Israeli “sovereignty through transportation.” The plan calls for massive investment (USD $283 million) in new/expanded roads and rails lines, for the express purpose of more seamlessly integrating Israeli settlements into Israel proper. Smotrich made clear that his ultimate goal is the complete integration of the West Bank into the national planning mechanisms of Israel proper. The move will erase the government’s current distinction between transportation projects in the West Bank (across the Green Line) and Israel proper [fun note: the Israeli Ministry of Foreign Affairs has an official map posted on its website entitled, “Transportation and Built-Up Areas” that includes the entire West Bank as part of Israel).

Touting the significance of his plan, Smotrich said:

“I do not give preference to Judea and Samaria [the West Bank] but also am not willing to continue the discrimination. These areas will receive treatment just like anywhere else in Israel. While it is only about roads and trains, it has political significance.”

Smotrich created a new bureau for “Judea and Samaria Planning” within the Transportation Ministry to oversee the implementation of this project, and more generally ensure that the ministry is geared towards serving the settlements as a matter of normal business. The institutionalization of such bureaucratic structures within the Israeli government is a significant, and often overlooked, mechanism by which the Israeli government has been engaging in annexation for years. The new bureau – much like parallel structures former Minister Ayelet Shaked set up in the Justice Ministry – is a formal and public statement that the Israeli government is pursuing (and allocating resources to) annexing the settlements.

It should be noted that Israel has used infrastructure projects in the West Bank to advance its settlement agenda, and to further fragment Palestinian life – two completementary goals powerfully explained by B’Tselem in a recently released interactive: “Conquer and Divide: The Shattering of Palestinian Space by Israel.”

FMEP tracks developments related to the ongoing annexation of West Bank land in its Annexation Policies Tables.

Annexation-via-Movies (Govt-Funded Settlement Hasbara)

On November 6th, Israeli Cultural & Sports Minister Miri Regev announced new government funding for film projects initiated by Israeli settlers. According to the guidelines, the new funding will support Israeli citizens living in West Bank settlements who want to make documentaries and films.It is widely understood that the goal is to encourage the creation of more pro-settlement propaganda. 

Celebrating her new initiative, Regev essentially admitted that annexation was her motive, saying:

“I made a promise and I am keeping my promise! We are making history today. The Culture and Sports Ministry will support the regional production of films in the north, and for the first time in Judea and Samaria too, and in the hope that in the near future also in the south… The wheels of cultural justice, which bring to expression the range of voices in Israeli society, have worked quickly and now another stage in correcting the cultural map in Israel has been completed. The artists from the periphery, the north and from Judea and Samaria, will become more and more in the center of things, not just on stage but also on the screens. Soon we will allow them to express their ability and talent.”

One critic of the fund, Israeli producer Liran Atzmor, nailed why the new fund is highly problematic and a tool of de facto annexation:

“Setting up a fund that supports filmmaking in the occupied territories with Israeli taxpayers’ money amounts to creeping annexation, which is happening in many areas, obviously, but is happening now more forcefully in the realm of culture, thanks to this fund. As long as the fate of those territories has not been determined, one cannot accept the fact that public funds are distributed there to people of only one color, one nationality and one religion.”

Shlomo Eldar writes:

“…And that is the whole point, to show life in the settlements in a positive light, as a Zionist enterprise glorifying the State of Israel. Head of the Samaria Regional Council Yossi Dagan described the fund as a ‘giant piece of good news. … I believe this move will bring the story of Judea and Samaria to the big screen. … I call on all artists to take part in this party, to come and film in Judea and Samaria and tell its story, so that we can present the public with other faces and other stories that have yet to be seen on the screen’.”

Libby Lenkinski, Vice President of the New Israel Fund, explained in a tweet:

“Creeping annexation and normalization of settlements is not just happening on the land, it’s also a narrative strategy that uses arts and culture funding to move forward. #StopAnnexation”

Annexation-Via-Education (Ambassador Friedman’s Favorite Medical School)

Despite delays and scandals, the sparkling new medical school at Ariel University has officially launched its first school year, with a ceremony attended by a who’s-who of settlement financiers and supporter rejoicing in the opening of the school and in the implications of its opening for the Greater Israel enterprise. 

Dr. Miriam Adelson and her husband, Trump-backer/U.S. casino magnate Sheldon Adelson, were in attendance. The Adelsons donated $20 million to the medical school, which was named after Miriam. Addressing the crowd, Dr. Adelson said:

“In Israel, being Israel, we also had to withstand our tribulations. In Israel, being Israel, there were opponents who tried to block the establishment of a critical institution on ancient Jewish land and to deny us legitimacy. But we won, Zionism won, the truth won.”

U.S. Ambassador David Friedman recited the “shehecheyanu,” a prayer of gratitude to God, as part of his speech, also exclaiming:

“A new medical school has opened in Samaria. It’s worth saying that again: A new medical school has opened in Samaria! How many people ever thought those words would be spoken?…The United States Embassy enjoys warm relations with Ariel University, and we are inspired by its contributions to Israeli society and to the scientific world.” [NOTE: “Samaria” is a biblical name used mainly by settlers and their allies to refer to the northern part of the West Bank]

MK Naftali Bennet put an even finer point on the significance of opening a medical school in Ariel settlement, saying:

“No longer is there a Green Line. We are one [united] Israel and that is how it should be. We are going to serve everyone here.”

There are 70 Israeli students enrolled to attend the settlement university. Even though classes are set to begin, the medical school still does not have an approved budget for the 2020 school year.

As a reminder, the Ariel settlement is located in the heart of the northern West Bank, reaching literally to the midpoint between the Green Line and the Jordan border. The future of Ariel has long been one of the greatest challenges to any possible peace agreement, since any plan to attach Ariel to Israel will cut the northern West Bank into pieces. Nonetheless, in February 2018, the Israeli Knesset passed a law extending the jurisdiction of the Israeli Council on Higher Education to universities in the settlements (beyond Israel’s sovereign borders) – an act of de facto annexation. The law was necessary to ensure that the Ariel settlement medical school (and its graduates) would be entitled to all the same rights, privileges, and certifications as schools and students in sovereign Israel. FMEP has tracked this process, and all other annexation policies in its Annexation Policy tables. A fuller history of the Ariel Medical School saga can be found here.

Settler Leaders Elect New Chairman of the Yesha Council

David Elhayani was narrowly elected to serve as the next Chairman of the powerful settler Yesha Council – an umbrella body representing all the settlement regional councils. Elhayani is a well known personality, having served for 10 years as the head of the Jordan Valley Regional Council (a quasi municipal body serving the needs and interests of settlements in the Jordan Valley).

The Times of Israel’s settlement correspondent Jacob Magid explains the relevant politics involved behind Elhayani’s narrow victory over Yigal Lahav, a younger, more radical voice:

“Elhayani and Lahav represented opposite sides of an intensifying rift between an older generation of settler leaders that is closely aligned with Prime Minister Benjamin Netanyahu and a younger group of council chairmen who believe in acting more aggressively on behalf of the movement, even if that means being at odds with right-wing governments that the Likud chief has led. Elhayani, from the old-timer’s camp, edged out Lahav 13-12 after the votes of 24 West Bank council chairman plus settler elder Zeev ‘Zambish’ Hever were counted.”

Elhayani addressed the dynamics of the old guard (of which he is a part) vs. new, more radical, guard ahead of the elections, saying:

“There’s a crisis of trust in the Yesha Council where many council chairmen don’t see the body as being capable of serving the needs of their residents. Many council chairmen don’t show up to Yesha meetings at all.”

Elhayani promised a more “aggressive” demeanor so that those the Council represents will see that they “finally have someone who will fight for them.” So, despite being what some settlers may consider the “mainstream,” i.e. less willing to aggressively challenge the perceived slow-walking of settlement expansion and annexation by the Israeli government,  Elhayani is still best understood as an ideologue in his own right.

Ahead of the vote, Elhayani did offer strong criticism of what he sees to be the Isareli government’s discrimination against the settlements, saying that he will fight for better “quality of life”for the settlements – making infrastructure as a core part of his agenda:

“Our residents are sick of the poor infrastructure that has led to power outages, water shortages and traffic jams. It is the responsibility of settler leadership to provide adequate services. You cannot improve quality of life until you improve infrastructure. We still need to be aggressive in demanding infrastructure improvements in the meantime, in addition to preventing a Palestinian takeover of Area C so that there will be something to [annex] when the time comes.”

Israeli Official Calls on Evangelicals to Defend Settlements, Fight BDS, and Support “Economic Peace”

Speaking to an audience of leaders in the evangelical media world, a top Netanyahu aid asked the crowd to join Israeli government efforts to defend the legitimacy and permanence of the settlements, and coached the crowd on how to frame settlements in a way that advances their normalization. 

This was the third annual “Christian Media Summit” hosted by the Israeli Government Press Office to develop the group into “ambassadors for Israel.” According to Haaretz, the 2019 event was attended by approximately 150 journalists, mostly from the United States, working for Christian media outlets from 30 different countries. Entitled, “Between Jerusalem and the Golan: International Recognition,” the event featured addresses by Benjamin Netanyahu and President Reuven Rivlin. U.S. Ambassador David Friedman attended as well.

Speaking to the group, Deputy Chief of Foreign Affairs Reuven Azar said:

“The return of Jews to Judea and Samaria is not a curse, it’s a blessing for all the residents of the area…Calling for their expulsion is a recipe for destruction and for chaos… Look what happened when we went out of Gaza. Our presence in Judea and Samaria [the West Bank], and in Jerusalem brings stability… because we bring security by fighting the bad guys…We must partner in embracing our brothers and sisters who live in Judea and Samaria, and fight against those who claim their presence is illegal, or try to dehumanize them through different means. Help us to fight boycotts, they are not just, and they hurt us and they hurt our neighbors even more. ‘The revival of the Jewish people in the land of Israel is a divine promise being fulfilled…It is a blessing for our people, our region, for the world. A force for good, a force for peace, prosperity and happiness’.”

Following his remarks, the Front for the Protection of Democracy – an Israeli NGO – filed a  complaint with the Civil Service Commission seeking disciplinary action against Azar. The Prime Minister’s Office quickly came to Azar’s defense, saying: “Political adviser Reuven Azar expressed government policy.”

Azar repeatedly referred to settlements as “communities” – a term that erases the illegality of those “communities” under international law. This pro-settlement framing was recently endorsed by outgoing U.S. advisor Jason Greenblatt. Azar also touted the now familiar but Orwellian claim that settlements are an economic gift to the Palestinians, claiming that “communities [settlements] in Judea and Samaria [the West Bank] provide opportunities, and jobs…” Azar invited the audience to visit the Barkan industrial zone, stating: “The best paying jobs for Palestinians are in Barkan.”

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

Bonus Reads

1. “Five Settlers Arrested on Suspicion of Attacking Israeli Policemen at West Bank Outpost” (Haaretz)
2. “Israel’s Right New Bank – The Jewish National Fund” (Haaretz)
3. “Why did Microsoft fund an Israeli firm that surveils West Bank Palestinians?” (NBC News)
4. “Israeli Schools Teach Pro-settler Religious Nationalism Is the Only Way to Be Jewish” (Haaretz)
5. “A Wall, Arrests and Close Surveillance: How Israel Fences in a Palestinian Family” (Haaretz) 
6. “Hilltop Youth Battle The IDF Over Expulsion Order “ (JNS)
7. “Welcomed, then Attacked by Yitzhar” (New Voices)

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 9, 2019

1. Summary: Another Week, Another Round of Major Settlement Approvals
2. Israeli Annexation via Settlement Construction Unleashed, Part 1: Three Outposts are “Legalized”
3. Israeli Annexation via Settlement Construction Unleashed, Part 2: Final Approval for 648 New Settlement Units
4. Israeli Annexation via Settlement Construction Unleashed, Part 3: Plans Advanced for 1,466 New Settlement Units (With More to Come)
5. Israeli Annexation via Settlement Construction Unleashed, Part 4: Reactions
6. Following Murder of Settler Youth, Netanyahu Doubles Down on Commitment to Settlements
7. Latin Patriarchate Files Suit Claiming New Proof of Fraud Behind Settler Takeover of Old City Hotel Properties
8. Education Minister Strips Key Committee Membership from Professor Who Objected to Authorization of Settlement Medical School
9. Bimkom Report: Israel’s “No Construction Zone” Adjacent to the Separation Barrier Has Little To Do With Security
10. Ir Amim: Israel’s Crackdown in Issawiya Advances Settlement Project in East Jerusalem
11. Terrestrial Jerusalem In-Depth Report: The Silwan Tunnel Project
12. Bonus Reads

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

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Summary: Another Week, Another Round of Major Settlement Approvals 

During its quarterly convening on August 5th and 6th, the Israeli Defense Ministry’s High Planning Council advanced plans for a total of 2,304 new settlement units. This includes: 

• the approval of plans legalizing 190 units that have the effect of retroactively legalizing 3 unauthorized outposts;
• final approval for the construction of 648 settlement units; and
• interim approval (i.e., a step toward final approval) for the construction of 1,466 new settlement units

These approvals comes on the heels of the Israeli Security Cabinet’s decision to issue 6,000 building permits for settlement units last week (details of which are still unpublished). The past week of massive settlement advancements is a clearer-than-ever indication that Israel (with very public backing from top U.S. officials) is not holding back its illegal settlement activities and its ongoing annexation of the West Bank, particularly in Area C.

Details of this week’s approvals are broken down below.

Israeli Annexation via Settlement Construction Unleashed, Part 1: Three Outposts are “Legalized” 

Plans advanced August 5-6 by the Israeli Defense Ministry’s High Planning Council In its decisions taken August 5th and 6th include at least 190 units in three illegal outposts — which have the effect of retroactively legalizing those three outposts. The outposts that gained retroactive approval this week are:

• Haroah Haivri – The council approved a plan for an educational institute and accompanying housing for students and staff. Most extraordinarily, Haroah Haivri, located just east of Jerusalem, is within eyesight of the Khan al-Ahmar community,  which Israel is planning to demolish (forcibly relocating the Palestinian bedouin community that has lived there since the 1950s) — ostensibly because the structures in Khan al Ahmar were built without necessary Israeli approvals. The Haroah Haivri outpost was also built without the necessary Israeli approvals, but instead of demolishing the construction, Israel has retroactively legalized it — demonstrating once again that, when it comes to administering the occupation, Israel prefers “rule by law” – where law is turned into a tool to elevate the rights/interests of one party over another, over the democratic rule of law.
• Ibei Hanachal – The Council approved 96 units in this outpost, located southeast of Bethlehem, turning it into a “neighborhood” of the Maale Amos settlement. In reality, the outpost is not contiguous with the built-up area of the Maale Amos settlement, meaning that the implementation of this plan will, in effect, create a distinct new settlement (for coverage of this plan, see here) .
• Givat Salit – The Council approved 94 units in this outpost, located in the northern Jordan Valley, as part of turning it  into a “neighborhood” of the nearby Mechola settlement.

The legalization of these three outposts only adds to the success of Israel’s ongoing and increasingly successful effort to retroactively legalize all illegal settler construction in the West Bank  (that is, construction undertaken illegally under Israel law; all settlement construction is illegal under international law). The lengths to which Israel has gone to in order to achieve that goal include inventing new legal grounds — some outlined by the government’s “Zandberg report” and another – the “market regulation principle” identified by the Isareli Attorney General — that in effect allow Israel to suspend the rule of law and erase private property rights of Palestinians. For the past 2.5 years, FMEP has documented this campaign in detail  in its Annexation Policies Tables – regularly updated and available online.

Israeli Annexation via Settlement Construction Unleashed, Part 2: Final Approval for 648 New Settlement Units

The actions taken this week by the High Planning Council include issuing final approval for 648 settlement units – mostly new construction but also some approval of existing construction that had been undertaken without approval (all of this is in addition to the 190 units in outposts legalized retroactively).  Details of these approvals for new settlement construction are as follows:

• 

  Map by Peace Now

  194 units in the Ganei Modlin settlement, located in the northern “seam line zone” in the West Bank but on the Israeli side of the security barrier (by design of the Israeli government). The plan for 194 new units will bring the settlement’s built-up area directly up to the separation barrier, a particularly notable plan given Israel’s recent demolition of 70 Palestinian homes in the West Bank, based on the argument that the construction within a 200-250 foot Israeli-imposed “no construction zone” on either side of the barrier poses an unacceptable security risk to Israel. Israel rejected an offer by Palestinians to privately finance the construction of new and higher wall near the buildings; developers behind the Ganei Modlin project also offered to finance the construction of high wall near the construction, an offer the courts saw fit to accept – resolving the matter in the eyes of the High Planning Council, which approved the plan.

• 96 units in the Kiryat Netafim settlement, located in the northern West Bank and part of a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line into the very heart of the West Bank and on towards the Jordan Valley.
• 76 units in the Beit Hagai settlement, located just south of Hebron,
• 66 units in the  Efrat settlement, located south of Bethlehem. Efrat had already received final permission for 1,000 new settlement units at the most recent High Planning Council meeting, in April 2019. As a reminder, Efrat is located inside a settlement enclave that cuts deep into the West Bank. Efrat’s location and the route of the barrier wall around it, have literally severed the route of Highway 60 south of Bethlehem, cutting off Bethlehem and Jerusalem from the southern West Bank. The economic, political, and social impacts of the closure of Highway 60 at the Efrat settlement (there is literally a wall built across the highway) have been severe for the Palestinian population.
• 61 units attached to an educational institute in the Gva’ot settlement, located south of Bethlehem. The Gva’ot (Gevaot) settlement was established as an outpost of mobile homes, and later benefited from Israel’s unilateral, mass expropriation of Palestinian land in 2014 (which Israeli officials explictly said was done in response to a Palestinian terror attack). At the time, Peace Now reported that the move constituted the largest single expropriation of Palestinian land by the Israeli state in over 30 years. 
• 51 units in Shvut Rachel, which only recently became an authorized settlement area when Israel extended the jurisdiction of the Shiloh settlement to include it as a “neighborhood” (along with three other outposts). The plans approved this week will retroactive legalize existing units and permit the construction of a few news one.
• 29 units in the Otniel settlement, located in the South Hebron Hills area. The plans serve to retroactively legalize existing units.
• 27 units in the Maskiyot settlement, located in the northern Jordan Valley. These units are part of a plan allowing the construction of a “bed and breakfast” with 27 additional rooms (and calling to mind Amnesty International’s recent report on the role tourism plays in supporting the occupation).
• 19 units in the Peduel settlement, located in the northern West Bank and part of a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line into the very heart of the West Bank and on towards the Jordan Valley.
• 18 units and a park in the Ma’ale Adumim settlement.
• 11 units in the Einav settlement, located northwest of Nablus.

In addition, the Council gave retroactive approval for a controversial archeological site in the Shiloh settlement, located in the center of the northern West Bank. The Israeli government has devoted a significant amount of money and political energy towards building the tourist site, which is now drawing upwards of 60,000 evangelical tourists each year. For background on the site, see this Emek Shaveh report from 2014 and this brief from 2017, when the government approved the commercialization of the site. For analysis on how the site fits into a bigger pattern of Israeli efforts to normalize the settlements through tourism, see this report by Amnesty International.

Israeli Annexation via Settlement Construction Unleashed, Part 3: Plans Advanced for 1,466 New Settlement Units (With More to Come)

Actions taken August 5-6 by the Israeli Defense Ministry’s High Planning Council include advancing plans that, when they eventually receive final approval, will allow for the construction of 1,466 settlement units (details of the various steps of the planning/approval process are laid out by Peace Now here). Specifically, the Higher Planning Council this week approved the  following plans for deposit for public review:

• 382 units in the  Beit El settlement, located north of Ramallah. The plans include the retroactive legalization of 36 units; the remaining 346 are new units. As a reminder, Beit El is the settlement closely associated with U.S. Ambassador to Israel David Friedman, who among other things was the President of the “Friends of Beit El” organization, which raised money on its behalf.
• 354 in the Nili settlement, located in the northern West Bank;
• 200 units in the Asfar settlement, located northeast of Hebron. If approved, this plan will triple the size of the Asfar settlement.
• 168 units in the Talmon settlement, located north west of Ramallah. In December 2018, FMEP reported on a deadly encounter between neighboring Palestinians and settlers from Talmon and/or the many unauthorized outposts associated with it. The settlers had been attempting to takeover another hilltop on the outskirts of the Palestinian village of al-Mazra’ah al-Qibliyah. When Palestinians staged an attempt to stop the settlers from entering the area, a scuffle ensued and Israeli soldiers shot and killed two Palestinians.
• 132 units in the Kfar Adumim settlement, located east of Jerusalem and less than one mile from the Khan al-Ahmar bedouin community which the state of Israel is seeking to demolish.
• 84 units in the Shima settlement, located in the southern tip of the West Bank.
• 74 units in the Yakir settlement, located in the northern West Bank and part of a string of settlements and unauthorized outposts – most notably Ariel – extending from the Green Line deep into the West Bank.
• 48 units in the Bracha settlement, located south of Nablus.
• A recreational area in the Kochav Yaakov settlement, located just south of Ramallah.

In addition to the plans approved and advanced detailed above, the High Planning Council delayed consideration of two additional plans, which are:

• A plan that would effectively legalize another outpost, known as Brosh. Similar to the Haroah Haivri plan, discussed above, the plans relating to Brosh serve to retroactively legalize an existing educational institute. Approval of the plan was delayed because the Council had not resolved objections that were filed against the plan, including an objection filed by Peace Now.

A plan for 207 settlement units in the Bracha settlement, located near Nablus (these plans are in addition to the plans for 48 units approved to be deposited for public review, covered above). Though plan was on the Council’s schedule, it could not be approved because the Council first needs to approve the extension of Har Bracha’s existing settlement jurisdiction to include the area units are to be built. Since the plan calls for the construction of units outside of the existing area of jurisdiction, the plan could not be approved.

Israeli Annexation via Settlement Construction Unleashed, Part 4: Reactions

Following this week’s advancement of plans for 2,304 settlement units, settlement watchers and key members and bodies of the international community issued sharp criticism and sounded the annexation alarm bells. In contrast, there was glaring –  and very, very, very predictable – silence came from the U.S. administration. A few notable reactions are included below.

Peace Now said in a statement:

“The approval of settlement plans is part of a disastrous government policy designed to prevent the possibility of peace and a two-state solution, and to annex part or all of the West Bank. The linkage of thousands of housing permits for settlers and a negligible number of housing units for Palestinians cannot hide the government’s discrimination policy. As a result, we see for example an approval of the illegal outpost (Haroeh Haivri) built for Israelis adjacent to the Palestinian bedouin village of Khan Al-Ahmar, for which the government refuses to approve any construction permits and instead seeks to transfer. Or we see, the approval of the construction of a new settlement neighborhood adjacent to the separation barrier after demolishing 72 housing units built adjacent to the separation barrier in Wadi Hummus, despite offering to fund security measures.”

The European Union issued a statement which reads:

“The EU expects the Israeli authorities to fully meet their obligations as an occupying power under International Humanitarian Law, and to cease the policy of settlement construction and expansion, of designating land for exclusive Israeli use, and of denying Palestinian development.”

United Nations Special Coordinator for the Middle East Peace Process Nickolay Mladenov said in a statement:

“The expansion of settlements has no legal effect and constitutes a flagrant violation of international law. By advancing the effective annexation of the West Bank, it undermines the chances for establishing a Palestinian state based on relevant UN resolutions, as part of a negotiated two-state solution.”

British Foreign Secretary Dominic Raab urged Israel to stop what he called:

“the effective annexation of the West Bank.”

Leilani Farha, the United Nations Special Rapporteur for the right to housing, and Michael Lynk, the United Nations Special Rapporteur for human rights in the Palestinian territory occupied since 1967, said in a statement:

“These settlement housing units are clearly meant to solidify the Israeli claim of sovereignty over the West Bank. Building civilian settlements in occupied territory is illegal, as is the annexation of territory. The international community has spoken out against the Israeli settlements, but it has not imposed effective consequences for the country’s defiance of international law. Israel’s actions indicate it plans to remain permanently and advance a claim of sovereignty. The Israeli Prime Minister made this clear when he said recently that: ‘No settlement and no settlers will ever be uprooted.’ Should we not take him at his word that Israel has no intention of complying with international law? Criticism without consequences is hollow. The international community has a wide menu of commonly-used countermeasures to push recalcitrant states into compliance with their international duties. If the international community is serious about its support for Palestinian self-determination and its opposition to Israeli settlements then, surely, the time has come for meaningful action.”

Israeli settlers, on the other hand, we filled with glee. Gush Etzion Regional Council Head Shlomo Ne’eman said in a statement:

“Thank God today we received approval from the Higher Planning Council for new housing units in Gush Etzion. Congratulations to all of our residents on the 200 units in Metzad, which is historic in that it will triple the size of the community. Congratulations on the final approvals for the Sadna institution, which works towards integration and is located in Gevaot, and will enable permanent construction of tens of units. Another major breakthrough is the final approval for Ibei Hanachal, which essentially fully legalizes the community and includes the construction of 96 permanent homes. These are major accomplishments for southeastern Gush Etzion, for the Jewish communities in the Judean Desert, and of course for all of Judea and Samaria. This is an opportunity for me to thank Prime Minister Netanyahu on this impressive accomplishment. Let’s hope that the trend of development and construction in Judea and Samaria continues full speed ahead.”

Following Murder of Settler Youth, Netanyahu Doubles Down on Commitment to Settlements 

Following the murder of a 19-year old Israeli settler, Prime Minister Netanyahu vowed once again that he will promote settlement construction in all areas of the West Bank. Speaking at a ceremony marking the establishment of a new neighborhood of 650 units in the settlement of Beit El (which just saw plans for 382 new units advance, see above) Bibi said:

“We promised to build hundreds of housing units. Today we are doing it, both because we promised and because our mission is to establish the nation of Israel in our country. We know that the Land of Israel is bought in agony. Today another one of our sons fell. He was from a family that has already made a heavy sacrifice for the Land of Israel. These vicious terrorists: They come to uproot, we come to plant. They come to destroy, we come to build. Our hands will reach out and we will deepen our roots in our homeland – in all parts of it.”

Bibi’s words — which suggest an intention to continue/expand settlement construction across the entirely of the West Bank — did not satisfy many of his challengers on the Israeli right (against whom he is squaring off against in the upcoming election). Ayelet Shaked – who is leading a union of right wing parties – called directly for annexation. She said:

“We have to apply sovereignty to Judea and Samaria. Gush Etzion is in consensus and there is no reason not to apply sovereignty there.”

Knesset Speaker Yuli Edelstein (Likud) said:

“our response to the murder has to be [to] apply sovereignty on the settlements, starting with Gush Etzion.”

And the Sovereignty Movement – is an offshoot of the Women in Green organization, and has been working to formalize its expanding influence over Israeli politicians and public discourse by pushing for the establishment of a Knesset committee devoted to the cause of Israeli annexation of the West Bank – issued a statement saying:

“It is either us or them! This is a 52-year-old struggle that must be resolved. Sovereignty will bring resolution and will erase the hope of pushing us out of here through terror attacks. The resolution must be clear and unambiguous – we have returned to the heritage of our fathers, we will bring another million Jews here, we will build dozens of communities. The Arabs are invited to live under our sovereignty as individuals and enjoy a prosperous life as residents.”

Latin Patriarchate Files Suit Claiming New Proof of Fraud Behind Settler Takeover of Old City Hotel Properties

On August 5th, the Greek Orthodox Patriarchate in Jerusalem filed a request to reopen the underlying case in Jerusalem District Court which awarded the radical settler group Ateret Cohanim the ownership rights to three historic church properties in the Old City of Jerusalem. The Patriarchate’s appeal is based on new evidence of fraud committed by the Jerusalem settler organization Ateret Cohanim – with the aid of church officials – during the sale of the properties. The original Jerusalem District Court ruling acknowledged that there were problems in the transaction, but found that the church failed to prove its allegations of bribery and corruption.

The allegations of fraud rely on the testimony of Ted Bloomfield, a man who managed the Petra Hotel in the 1990s. Bloomfield reportedly told the Greek Patriarchate that Ateret Cohanim paid him to help persuade the Palestinian protected tenants to sell their rights. The lawsuit says these actions are “extraordinary in their severity” and include fraud, forgery of legal documents, and bribery – including alleged attempted sexual bribery. The church’s complaint also alleges that the settler group obstructed justice in deliberately concealing documents during legal proceedings. 

Haaaretz recently published a moving video testimony of one Palestinian man, Abu-Walid Dajani, whose family has run the New Imperial Hotel, one of the targeted properties, since 1949. Dajani is now facing eviction.

Education Minister Strips Key Committee Membership from Professor Who Objected to Authorization of Settlement Medical School

The Haaretz Editorial Board penned a sharp criticism of newly appointed (and interim) Israeli Education Minister Rafi Peretz, who recently removed Professor Yossi Shain from the Planning & Budgeting Committee of the Higher Education Council. Shain was one of the members of the key professional committee – which essentially serves as the gatekeeper for schools hoping to join the ranks of accredited Isareli education institutions – who objected to the rushed and politicized process by which, in contravention to the Council’s normal practice, a medical school located in the settlement of Ariel received approval from the Higher Education Council.

The Editorial Board writes:

“The ‘revenge’ taken by Peretz against someone acting according to his professional judgment is a worrisome sign. The message conveyed by the education minister’s bureau is crystal clear: In education and academia, loyalty to the occupation and annexation project has become a decisive criterion.”

Bimkom Report: Israel’s “No Construction Zone” Adjacent to the Separation Barrier Has Little To Do With Security

In a new report, the Israeli NGO Bimkom sheds light on the very problematic regulation that was the legal pretext behind Israel’s recent demolition of 70 Palestinian homes in Wadi Hummos – i.e., the argument that the construction was located too close to Israel’s separation barrier. 

Bimkom explains that in 2011, the Israeli military issued a “no construction order” to prevent construction close to the separation barrier, ostensibly on the basis of security considerations. The zone defined by the order ranges from ranges from 30 meters to 700 meters in different areas (on both sides of the barrier). Given that much of the barrier passes through the West Bank (meaning the land on both sides is Palestinian land), the cumulative impact on the Palestinians is significant. According to Bimkon, the total area affected by the no-construction order is approximately 195,000 dunams [48,185 acres/195km2] of land, belonging to 115 Palestinian villages. 

While the order also (theoretically) impacts 15,000 dunams of land in areas where there are settlements located close to the barrier, the perimeter of the zone and enforcement against construction within it follows a predictable logic in favor of the settlements. 

Bimkom writes:

“Similar to the barrier route, the no-construction order is determined such that its impact on settlement construction is minimal, but its impact on Palestinian villages is enormous. The negative impact of the physical barrier on hundreds of thousands of Palestinians is intensified expanded to hundreds of meters in which Palestinian construction is prevented. The potential for Palestinian development in Area C is already very limited, and the no-construction zone only serves to exacerbate the situation. In summary, it can be seen that the security considerations which are supposedly behind the construction ban are often questionable, and this also applies to Wadi al-Hummus. The obvious conclusion is that the security considerations according to which buildings in Areas A and B were demolished are a smoke-screen for political considerations whose purpose is to reduce the Palestinian population in the seam zone, especially in the Jerusalem region, or even to punish them for unrest in the area, according to army reports. The threat of demolition still hangs over Wadi al-Hummus, as there are a large number of other buildings that have received demolition orders and the court is scheduled to discuss their case in the coming months.”

Also, as detailed above, the inconsistency of Israeli policy when it comes to enforcing the “no-construction zone” was on display this week, as Israel approved the construction of 194 units in the Ganei Modlin settlement, right up to the barrier (discussed above). Whereas Israel rejected an offer by Palestinians in Wadi Hummos to privately finance the construction of new and higher wall near their buildings (and went ahead and demolished them), Israel authorities accepted an offer by developers behind the Ganei Modlin project to finance the construction of high wall near the construction, allowing expansion of a settlement to move ahead.

Ir Amim: Israel’s Crackdown in Issawiya Advances Settlement Project in East Jerusalem

In +972 Mag, Ir Amim researcher Aviv Tartarsky published a superb analysis of the ongoing campaign of daily harassment and intimidation Israeli authorities have unleashed against Palestinians living in the Issawiya neighborhood of East Jerusalem. Tatarsky writes:

“The campaign against Issawiya signals a new stage in Israel’s oppressive policies in East Jerusalem, and is part of the overall change in Israeli policy toward the Palestinians with the backing of the Trump administration. In the past, Israel primarily focused on settlement construction in the eastern part of the city. By building so-called ‘facts on the ground,’ the government intended to make it as difficult as possible to draw a border along the Green Line and create two capitals in Jerusalem. Today that focus has dangerously shifted to breaking apart Palestinian Jerusalem. Israel is pouring hundreds of millions of shekels into projects that will take over large parts of the the Old City and its surrounding neighborhoods, while fragmenting Palestinian territory and jeopardizing the Palestinian population. Neighborhoods such as Silwan, A-Tur and Sheikh Jarrah have seen an intensification of home demolitions and evictions on the one hand, while on the other the municipality has built promenades, heritage centers, and other tourist attractions for the Jewish settlers living inside Palestinian neighborhoods. Meanwhile, Israel is aiming to redraw the city’s municipal borders so as to push 120,000 Palestinians — more than a third of the city’s Palestinian population — out of the city. According to legislation advanced last year by Jerusalem Affairs Minister Ze’ev Elkin, neighborhoods such as Kufr Aqab, Ras Hamis and the Shuafat refugee camp — already separated from the rest of the city by the separation wall — will be drawn out of the municipal boundaries. Issawiya, then, portends what Israel has in store for the remaining Palestinian neighborhoods of Jerusalem: continual violence that has no aim other than oppressing and making life miserable for all who live there.”

Terrestrial Jerusalem In-Depth Report: The Silwan Tunnel Project

Terrestrial Jerusalem produced an essential in-depth report on Israeli and U.S. policy towards Silwan, offering important context and shedding new light on the significance of Ambassador Friedman and Jason Greenblatt’s political stunt alongside Elad in the tunnels underneath the neighborhood.

Danny Seidemann writes in the report’s introduction:

“The event was not merely dramatic. The choreography illuminated at one critical moment and in one critical space two apparently disparate dimensions of the Israel-Palestine conflict, and their current dynamics: the territorial skirmishing and the battle over narrative in Jerusalem. More than anywhere else, the settlement in Silwan embodies the significant changes taking place in the Old City of Jerusalem and its immediate environs. The opening tunnel was, superficially, a minor routine event that disclosed developments that are anything but routine. As such, it requires an in-depth analysis that takes a hard look at the event, its background and its consequences. In our three sectioned report, we will begin by examining the background and significance of the settlement in Silwan. In Part II, we will examine the tunnel, its archeological, historical and ideological significance and the context in which it was excavated. Part III will deal with the nature of the shift in US policy regarding Silwan, its sources and its ramifications.”

Bonus Reads

1. “Goodbye withdrawal, hello sovereignty: The triumph of the settlers” (Times of Israel)
2. “Peace Cast: Housing Rather than Ideology” (Americans for Peace Now)
3. “How Ayelet Shaked, a secular woman, came to dominate the right-wing religious camp in Israel” (JTA)
4. “India’s Settler-Colonial Project in Kashmir Takes a Disturbing Turn” (Washington 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.

May 10, 2019

1. Annexation Proceeds: Israel Tourism Ministry Creates Official Funding Channel for Hotels in Settlements
2. Settlers Take Over Another Palestinian Home in Hebron, IDF Says It Was for “Military Needs”
3. IDF Helps Settlers Celebrate Passover At the Site of the Evacuated Amona Outpost (Which Palestinians Still Cannot Access)
4. Israel Issues Construction Permits for Two Settler Bypass Roads
5. Every Month Israeli Forces Evacuate the Same Outpost; This Time, 18 Settlers Were Arrested
6. No Shame: Settler Builds Illegal Outpost Near Khan Al-Ahmar While Calling for Bedouins’ Eviction
7. UNSC Holds Meeting on Israeli Settlements; U.S. Peace Envoy Says Settlements Are Not a Problem
8. Greenblatt Touts “Shared Prosperity” Paradigm for Peace Plan Following Beverly Hills Conference
9. Bonus Reads

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Annexation Proceeds: Israel Tourism Ministry Creates Official Funding Channel for Hotels in Settlements

On April 18th, Israeli Tourism Minister Yariv Levin – who has emerged as a frontrunner to be given the Justice Ministry portfolio in the next government –  announced that his ministry had launched a new grant program to expedite funding channels for the construction of hotels in settlements located in Area C of the West Bank. Under previously Israeli law, hotel projects in settlements had to receive special approval from the government; the new program expedites and normalizes that process.

These grants are more than an economic program. Investing in the growing tourism industry inside of settlements in the West Bank is a strategic endeavor intended to entrench settlements, provide for their expansion, normalize their existence within the international community, and advance their seamless integration into Israeli territory. In a recent report on companies which profit from tourism in the settlements, Amnesty International further explains:

“In recent years the Israeli government has invested huge sums to develop the tourism industry in settlements. It uses the designation of certain locations as tourist sites to justify the takeover of Palestinian land and homes, and often deliberately constructs settlements next to archaeological sites to emphasize the Jewish people’s historic connections to the region.”

Following the announcement of the new grant program, Hananel Dorani – Chairman of the powerful Yesha Council, a settlement umbrella group – told the press:

“We thank [Tourism] Minister Yariv Levin (Likud) for his important work on the issue of tourism in Judea, Samaria, and the Jordan Valley. Building hotels and guest houses in the area is an important step which shows the deepening of our roots in the ground and paves the way for Israeli sovereignty in Judea and Samaria. Giving grants for the creation of hotels is another supplemental step which will help solve the problem of where to sleep and will strengthen settlements and our hold on Judea and Samaria.”

Oded Revivi – the foreign envoy of the the Yesha Council – commented:

“[Tourists] will see how there are good neighborly relations between Jews and Arabs. Unlike what has been told to them, they will see that there is not war here every day and that there is no apartheid.”

The Palestinian Ministry of Foreign Affairs and Expatriates said in a statement:

“These plans fall within the framework of the gradual erosion of the occupied Palestinian territory, in particular Area C, under various security, military, economic, settlement and tourism pretexts, which requires the international community to move urgently to save what is left of the chance to achieve peace on the basis of a two-state solution.”

Settlers Take Over Another Palestinian Home in Hebron, IDF Says It Was for “Military Needs”

In early May 2019, a group of settlers broke into a Palestinian-owned home in the Casbah area of the Old City of Hebron. The settlers moved in and promptly started renovating the property. The property is legally owned by the Arafeh family, who were forced to move out in 2005 due to the extreme restrictions on Palestinian movement in the area imposed by the Israeli military.

A lawyer for the Arafeh family asked the Israeli Civil Administration to evict the settlers from the privately owned property. Rather than take action against the settlers, a spokesperson for the Civil Administration justified the settlers’ illegal entrance to the property and the “renovations” they undertook, arguing that the settlers were working on behalf of the IDF to build a military post on the roof of the Arafeh family’s house. This, despite the fact that, according to Peace Now, the Palestinian homeowners never received a notification that the IDF was seizing  the property, as required under Israeli law.

Peace Now said in a statement:

“If the works were done for the IDF, it is a shame that the IDF does not respect Palestinian ownership and treats their empty homes as if they were no-man’s property. The Palestinians were forced to leave their houses because of the heavy restrictions imposed by the IDF in order to protect the settlers in Hebron. Those ‘temporary’ restrictions have remained in place now for decades, and the way the IDF and the settlers treat the Palestinian properties show that the security excuse cannot hold anymore and that what is done in the Old City of Hebron may be better described as forced displacement. If the works were done by the settlers, then it is part of a cruel method of the Palestinian dispossession in Hebron: first the IDF closes streets, shops and Palestinian homes to protect a handful of settlers. Then, because of the severe restrictions, Palestinian families are forced to leave their homes. And then settlers take over the empty houses without any permit. Finally the government allows them to remain and establish a new, illegal settlement in the heart of the Palestinian population.”

IDF Helps Settlers Celebrate Passover At the Site of the Evacuated Amona Outpost (Which Palestinians Still Cannot Access)

Haaretz reports that the Israeli military assisted settlers in trespassing into the site of the evacuated Amona outpost to celebrate Passover. The land – which in 2017 the Israeli High Court ruled to be legally owned by Palestinians – remains inaccessible to the Palestinian landowners under a military closure order barring all civilians from entering the area. In practice, the closure only applies to Palestinians. Settlers, on the other hand, are not only given free rein in the area but received high profile political backing and significant funding in their December 2018 efforts to illegally rebuild the Amona outpost. With much scandal, in January the IDF removed several pre-fab structures the settlers managed to install at the Amona site, and evacuated the settlers despite their violent resistance.

In January 2019, the Israeli NGO Yesh Din assisted the Palestinian landowners to filed a new petition with the Higher Court of Justice to reverse the military closure order to allow Palestinian landowners to access their land and restrict Israeli settlers from doing so. The  petition is still pending.

Israel Issues Construction Permits for Two Settler Bypass Roads

On May 1st, the Israeli Civil Administration approved construction permits for two new bypass roads for settlers  – the Huwwara and Al-Arroub roads. The approval brings construction of the roads closer, though it may still be stalled if Palestinians challenge the government’s confiscation of privately owned Palestinian land for the roads (confiscated on the basis of “security needs”). It’s worth recalling that a recent Kerem Navot report found that a whopping 47% of the total land seized by Israel for “security needs”  is currently used to serve the needs of the settler population.

Peace Now said in a statement:

“These expropriations are part of the government’s continued capitulation to the settlers to build Israeli-oriented bypass roads throughout the West Bank. The settlers know very well that without good roads the settlements will not be able to develop, and tactically demand that they be built ‘for security reasons.’ This stated rationale masks the real goal behind these roads: to expand the settlements and to advance plans for annexing the West Bank at the cost of a two-state solution.”

Both roads will be located deep inside of the West Bank: the Huwwara road will serve settlements near Nablus and the Al-Arroub road will serve settlements near Hebron. Among the many benefits for settlers, bypass roads entrench the presence of settlements, enable their expansion, and advance their seamless integration into Israel proper.

Gloating over the new roads, Samaria Regional Council chief Yossi Dagan said:

“The Prime Minister has proven his leadership, responsibility, and his integrity. Netanyahu kept his promise, and I praise him for sticking by the agreement. The Hawara and Al-Arroub bypass roads are strategic roads, which, God-willing, will change the map of the State of Israel in general and the map of Judea and Samaria in particular.”

Every Month Israeli Forces Evacuate the Same Outpost; This Time, 18 Settlers Were Arrested

According to Haaretz, the cat and mouse game (once dubbed “the never-ending evacuation”) between settlers and the IDF over the “Esther Maoz” outpost site has finally resulted in the arrest of 18 settlers.

For years, the IDF has evacuated settlers from the outpost only to allow them to immediately rebuild it. Following the settlers evacuation and arrest, the NGO Honenu – which acts as a legal defense fund for settlers – alleged that the security forces “used intense violence” against the settlers.

The Esther Maoz site is located near the Kokhav Hashahar settlement, and can only be accessed by road from inside of the settlement.

No Shame: Settler Builds Illegal Outpost Near Khan Al-Ahmar While Calling for Bedouins’ Eviction

An Israeli settler name Boaz Ido is funding the illegal construction of an unauthorized outpost just hundreds of meters from the location of the embattled Khan al-Ahmar Bedouin community. Construction at the outpost site has continued despite stop-work orders issued against it by the Civil Administration.

While funding the illegal project, Ido has lobbied the government to forcibly remove Khan al-Ahmar’s inhabitants, based on the argument that the village lacks the required  Israel-issued building permits.

Haaretz visited the site of Ido’s new outpost and found a group of Israeli settlers working to construct a straw and mud structure. The location of the construction falls within the approved borders of the Ma’ale Adumim settlement, but is not contiguous with the built-up area of the settlement. Moreover, there are no valid building plans or permits for Ido’s current undertaking.

Dror Etkes, founder of Kerem Navot, told Haaretz:

“It’s no wonder that someone who has been investing so much energy into evicting the Bedouin neighbors who were in the area for decades before him is the same person who is investing a lot of energy into controlling land that he has not even a hint of a right to.”

Ido is a well-connected settler living in the Ma’ale Adumim area. He runs the nearby “Genesis Land” tourism site and is an active member of the Jerusalem Periphery Forum, a group working to evict bedouin from the area. Ido has been deeply involved in pushing the government to evict the bedouin from Khan al-Ahmar, including extracting assurances from Prime Minister Netanyahu and briefing the Knesset about “Palestinian take over of Area C.” According to the settler-run Arutz Sheva outlet, Ido told the Knesset members:

“We cannot lose control of Route 1 and permit illegal [Arab] construction as in the Negev. We are working continuously on the ground and I am pleased that, for the first time, in 2016, cooperation with the Civil Administration has been stepped up, with corresponding results – a halt to illegal construction as well as a small reduction in the number of structures on the ground.”

So in addition to his current hypocrisy, Ido is also complicit in an extraordinary manipulation of facts regarding Area C — a term which refers to the 60% of the occupied West Bank which the Oslo Accords temporarily assigned to complete Israeli control (civil and security) as part of an interim agreement designed to remain in place for a short period, pending  conclusion of permanent status negotiations. Since then, Israel has implemented a discriminatory planning policy in Area C, which B’Tselem says is aimed at “preventing Palestinian development and dispossessing Palestinians of their land.”

While implementing a planning system under which it is nearly impossible for Palestinians to obtain building permits, Israel routinely enforces demolition orders against Palestinian structures built without permits while looking the other way with regards to illegal settlement construction in the area. In addition, the government is undertaking a systematic campaign to retroactively authorize the vast majority of illegal outposts and unauthorized settlement construction – – a contradiction which clearly benefits Ido’s new outpost.

UNSC Holds Meeting on Israeli Settlements; U.S. Peace Envoy Says Settlements Are Not a Problem

On May 9th the United Nations Security Council held a meeting at the request of Indonesia, Kuwait, and South Africa entitled “Israeli Settlements and Settlers: Core of the Occupation, Protection Crisis and Obstruction of Peace.” The informal “Arria formula” meeting provided a forum for member states to be briefed by experts in the field; speakers included John Quigley ( Ohio State University), Emily Schaeffer Omer-Man (Israeli human rights attorney); Mohammed Khatib (Popular Struggle Coordination Committee); and James Zogby (Arab American Institute). Member states in attendance included France, Germany, Russia, and Colombia.

U.S. Special Representative for International Negotiations Jason Greenblatt delivered remarks at the meeting on behalf of the United States (not as an expert). His remarks – rather than dealing with the substance of criticisms on settlements – sought to flip the script and attack the UNSC for alleged anti-Israel bias and accuse it of ignoring Hamas attacks on Israelis. Unsurprisingly, given the Trump administration’s public embrace of settlements, Greenblatt said:

“Let’s stop pretending that settlements are what’s keeping the sides from a negotiated peaceful solution. This farce and obsessive focus on one aspect of this complicated conflict helps no one.”

Arab American Institute President Dr. Jim Zogby said of the deterioration of U.S. policy on settlements:

“There has been a steady erosion of US policy on Israeli settlements,  it went from rejection to acceptance, and from passive acquiescence to legitimization. It saddens me as an American to say: This makes my government complicit, and more recently an enabler of this criminal activity. A new strategy is needed, not just to challenge Israel, but to challenge the impunity the US has bestowed on Israel that makes it unaccountable.”

Indonesian Foreign Minister Retno Marsudi, who chaired the meeting, said:

“inaction was not an option. Public pressure to end the settlement is absolutely vital… Indonesia will spare no effort to ensure that the Palestinian issue remains one of the main focus of the UN.”

Marsudi also suggested creating an international day of solidarity with the victims of illegal settlements.

Greenblatt Touts “Shared Prosperity” Paradigm for Peace Plan Following Beverly Hills Conference

On April 29th, following a private briefing for attendees at the ritzy Milken Institute’s 2019 Global Conference, U.S. Special Representative for International Negotiations Jason Greenblatt tweeted:

“this year’s [Milken Global Conference] theme ‘Driving Shared Prosperity’ couldn’t be more fitting for what Jared, Amb. David Friedman and I hope will be the future of our peace vision for Israel, Palestinians and the region.”

Jared Kushner also  made an appearance at the conference, held in Beverly Hills, California. Kushner and Greenblatt were not listed among the conference speakers, which included prominent celebrity figures such as animal biologist Jane Goodall and NFL quarterback Tom Brady.

The Milken Institute describes itself as:

“a nonprofit, nonpartisan think tank determined to increase global prosperity by advancing collaborative solutions that widen access to capital, create jobs and improve health. We do this through independent, data-driven research, action-oriented meetings, and meaningful policy initiatives.”

Bonus Reads

1. “Will Netanyahu Annex the Settlements?” (Newsweek)
2. “As Israeli Group Expands, Palestinian Houses Face Demolition” (Associated Press)
3. “Some of Israel’s Best American Friends Worried by Netanyahu Annexation Talk” (Times of Israel)

 

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

To subscribe to this report, please click here.

April 12, 2019

1. In Largest Settlement Surge Since Trump, Israel Advances Plans for 3,659 Settlement Units – Including Plan to Retroactively Legalize the Haresha Outpost
2. Housing Ministry Publishes Tenders for 956 Settlement Units
3. Ariel Medical School Gets Approval, But Faces Two High Court Petitions
4. Settlers Celebrate Right-Wing Election Victory
5. AirBnb Reverses Settlement Policy
6. U.S. Ambassador Friedman Touts East Jerusalem Settlement Business as “Path to Peace”
7. Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

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In Largest Settlement Surge Since Trump, Israel Advances Plans for 3,659 Settlement Units – Including Plan to Retroactively Legalize the Haresha Outpost

Following up on FMEP’s reporting last week, on April 4th the Israeli Civil Administration Higher Planning Council (the body responsible for regulating all construction in the occupied West Bank) advanced plans for at least 3,659 settlement units, including a plan to retroactively legalize homes in the unauthorized Haresha outpost.

This is the largest batch of settlement plans advanced at one meeting by the High Planning Council since President Trump took office in January 2017; previous High Planning Council meetings (which happen every three months, per a reported agreement with the U.S. Administration) advanced plans on the order of 1,000 to 2,000 units.

Of the total units advanced on April 4th, the High Planning Council granted final approval for 1,226 new settlement, to be built entirely on the west side of the Israeli separation wall. These are:

• In Beitar Illit:
  • 31 new units
  • A 100 room building for the elderly, or a hotel
  • 

    Map by Peace Now

    A new pedestrian bridge over privately owned Palestinian land for Israeli settlers to use on the Sabbath (when observant Jews do not drive, and had to walk a long route in order to reach other parts of the settlement). 

• 603 new units in Maale Adumim
• A plan to retroactively legalize residential units in the Sde Bar settlement; Peace Now has not yet verified how many units are involved in this plan. Sde Bar was first established as an outpost of the Nokdim settlement in 1998, but Israel granted full approval to that outpost, recognizing it as an educational institute and a full-fledged settlement, in 2005. Settlers recently built a residential neighborhood there without Israeli authorization. The plan approved by the council on April 4th will grant retroactive authorization to those residential settlement units.
• 289 new units in the Alon settlement, located on the Palestinian side of the separation wall within sight of the Khan al-Ahmar bedouin village that Israel is prepared to forcibly relocate. There are plans to expand the neighboring Kfar Adumim settlement to takeover the land where Khan al-Ahmar currently stands.
• 110 new units in the Givat Zeev settlement.
• 108 new units in the Etz Efraim settlement.
• 85 new units in the Karnei Shomron settlement.

Of the total units advanced on April 4th, the High Planning Council also approved for deposit for public review plans for 2,433 new settlement units, the majority of which (1,198) will be built on the east side of the Israeli separation barrier, including:

• 1000 units in Efrat
• A plan to retroactively legalize 720 units in the Haresha outpost. This is part of the Israeli government’s ongoing efforts to retroactively legalize the outpost, which hinges on Israel’s ability to build a legal access road to the outpost. The Israeli government has found several creative solutions to that problem – like building a tunnel or building a bridge – all of which will undoubtedly infringe on the property rights and livelihoods of the Palestinian land owners.
• 210 units in Shiloh – expanding the footprint of the settlement to its north
• 147 units in Ariel.
• 147 units in Mitzpe Yericho.
• 114 units in Elon Moreh.
• 73 new units in Beitar Illit (in addition to the final approvals covered previously).
• 66 units in Oranit.
• 42 more units in Givat Zeev.
• 32 units in Beit Arie.
• 7 new units in Rehelim.
• An unverified number of new units in the following settlements: Paduel, Karnei Shomron, and Elkana.

Peace Now said in response:

“Netanyahu has decided, officially or unofficially, to annex the West Bank to Israel, otherwise one cannot explain the promotion of thousands of units for Israelis in the Occupied Territories. The construction of the settlements only makes it harder to end the occupation and to get to a two states peace agreement and is bad for the Israeli interest to remain a democratic and secured state.”

Housing Ministry Publishes Tenders for 956 Settlement Units

On April 4th the Israeli Ministry of Housing and the Israel Lands Authority met and published tenders for the construction of 956 new settlement units, including commercial complexes; 106 tenders are for plans in settlements east of the separation barrier. These units are in addition to the 3,659 units advanced this week by the Civil Administration’s High Planning Council (discussed above).

The published tenders are:

• 250 units in the Elkana settlement.
• 195 units in the Ariel settlement.
• 118 units in the Ofarim settlement.
• 112 in the Alfei Menashe settlement.
• 111 units in the Oranit settlement.
• 62 in the Adam (Geva Binyamin) settlement, located east of the separation barrier.
• 50 in the Emmanuel settlement.
• 44 units in the Maale Ephraim settlement, located east of the separation barrier.
• 14 units in the Beitar Illit settlement

As Peace Now explains, “some of the tenders are for units that were published in previous tenders but were not sold. The new tenders mean that the government is currently seeking to promote and build those units although failed to do so in the past.”

Ariel Medical School Gets Approval, But Faces High Court Petition

On April 12th, the Israel Higher Education Council voted to approve a new medical school in Ariel University, located in the West Bank settlement of Ariel. This approval contravenes the normal practice of the council, in that it ignores a vote to reject the school by the Higher Education Council’s own professional subcommittee. The medical school is slated to open this fall with significant financing from American casino magnate (and Trump supporter/financial backer) Sheldon Adelson.

However, the High Court of Justice is set to hear a petition regarding the unusual and scandal-ridden process by which the school gained approval at various stages of the planning process. The petition was filed by two Israeli academics – Prof. David Harel of the Weizmann Institute of Science and Prof. Alon Harel of the Hebrew University of Jerusalem – asserting that the approval “casts a heavy shadow on the decision making process in higher education.” It is unclear how the outcome of the petitions might affect the newly approved plan to open the medical school this fall.

Settlers Celebrate Right-Wing Election Victory

Settlers are mostly celebrating the results of Israel’s April 9th elections (in which West Bank and East Jerusalem Palestinians could not vote), which delivered incumbent Prime Minister Netanyahu an opportunity to form and lead the next government.

As has come to be expected, Netanyahu made an 11th hour election pitch by promising to start the process of annexation if he was reelected. Settlers received Netanyahu’s annexation promise and his reelection with predictable enthusiasm. The Yesha Council released a congratulatory statement saying:

“This morning we can say with certainty: In the face of all the campaigns and manipulations, the people of Israel chose the right. The people expressed their loyalty to the Land of Israel and chose in favor of applying Israeli sovereignty over Judea, Samaria and the Jordan Valley. We congratulate Prime Minister Benjamin Netanyahu on his election, and look forward to the establishment of a strong and broad right-wing government. In the next Knesset, too, we will continue to build, expand, legalize and jointly develop Israeli communities in the region.”

Not all settlers believe that Netanyahu will deliver on his promise to annex the settlements, but generally speaking, settlers dismiss the “will he/won’t he” debate (perhaps correctly) as a political decision that does not impact the reality of their presence on the ground.

Peace Now issued a sharp statement on the election results:

“Now the settlement lobby and its re-elected backers in the Knesset are doing what they know best – extorting and manipulating to save Netanyahu from prosecution in exchange for his compliance in working toward annexation. We at Peace Now were never relying on the election to change reality, but rather see grassroots public engagement as the only way to build pressure on the government. Now that Netanyahu has let the annexation genie out of the bag with his pre-election rhetoric, we stand even more equipped to go on the offense by showing fellow Israelis the bleak future the settler lobby and its Knesset backers are leading us, and what viable alternative path Israel can take toward a more prosperous, democratic, secure future.”

AirBnb Reverses Settlement Policy

On April 9th, AirBnB announced that it had reversed its decision to remove rental listings located inside of Israeli settlements in the occupied West Bank, despite previously acknowledging that settlements “are at the core of the dispute between Israelis and Palestinians,” and that the listings there “contribute to existing human suffering.”

AirBnB’s new announcement acknowledges (again) that settlements are “central to ongoing tensions,” but says it will nonetheless continue to allow those listings to remain on their website. Giving a nod to the controversial nature of this decision, AirBnB promised to donate all profits derived from West Bank settlement listings to humanitarian groups, but it conspicuously specified that these will be humanitarian groups working in other parts of the world (as opposed to with the Palestinians).

Omar Shakir, the Israel/Palestine Director at Human Rights Watch – which issued a significant and damning report on the issue of tourism being used to normalize occupation –  tweeted in reaction:

“Disappointing @Airbnb decision reverses their stance to fully respect rights. Donating profits from unlawful settlement listings does nothing to remedy ‘human suffering’ they’ve acknowledged causing. By continuing to do business in settlements, they remain complicit in abuses.”

Along with AirBnB’s policy reversal, it settled several lawsuits filed against AirBnB in U.S. courts. FMEP President Lara Friedman tweeted on this important element:

“And just like that, US courts let themselves becomes weapons used to legitimize the violation of intl law, the re-definition of ‘lsrael’ to mean ‘all the land between the river and the sea,’ & the re-definition of ‘anti-Semitism’ to mean ‘refusal to endorse/normalize occupation.’ This is part of a broader trend that very few people are paying any attention to, which is a dangerous mistake. By the time folks wake up it will likely be too late. [link to: https://forward.com/opinion/417058/opinion-the-surprising-new-battleground-in-the-war-against-palestinian/]”

The Center for Constitutional Rights – which recently intervened in the legal cases involving AirBnB –  issued a response saying:

“We are dismayed that Airbnb has caved to the legal bullying of Israeli settlers and re-listed properties in illegal settlements in occupied Palestinian territory. Airbnb’s decision reflects an alarming lack of commitment to human rights. When we filed counterclaims on behalf of the Palestinians who actually own the land the listed properties unlawfully sit on, we laid out the international and domestic law violations committed by the settlers, including war crimes and crimes against humanity. In backing down from its decision not to list properties in occupied Palestinian territory, Airbnb is in breach of its international human rights obligations, and is discriminating against Palestinians.”

Amnesty International – which also published a report on the complicity of online rental companies who list properties in East Jerusalem and the West Bank – said in response to AirBnB:

“Airbnb’s decision to continue to allow accommodation listings in illegal Israeli settlements in the occupied West Bank is a reprehensible and cowardly move that will be another devastating blow for the human rights of Palestinians…Airbnb are trying to absolve themselves by stating they will donate the profits from these listings to charity, but that fails to change the fact that by continuing to drive tourism to illegal settlements they are helping to boost the settlement economy. In doing so, they are directly contributing to the maintenance and expansion of illegal settlements, a breach of the Geneva Conventions and a war crime under Rome Statute of the International Criminal Court. Airbnb had a clear opportunity to make the right decision to uphold human rights and use their influence to set a precedent in the tourism industry. Instead, they have chosen to bury their heads in the sand – ignoring blatant evidence that they are helping to fuel violations that cause immense suffering to Palestinians. Airbnb’s reversal demonstrates why we can’t just rely on companies to take the right decisions, and that we need governments to fulfil their obligations by intervening and passing laws obliging their companies to respect human rights.”

U.S. Ambassador Friedman Touts East Jerusalem Settlement Business as “Path to Peace”

U.S. Ambassador David Friedman tweeted his support for the new Rami Levy mall,  located in the Atarot settlement industrial zone within sight of Ramallah but inside the security barrier and within Israel’s municipal border, as expanded by Israel after the 1967 war.

Friedman said:

“Great morning at the new Atarot Mall in northern Jerusalem, anchored by a Rami Levy Supermarket. Was given a tour by Rami Levy himself. Israelis and Palestinians working, shopping and doing business together — a simple path to peace!”

FMEP President Lara Friedman tweeted in response:

“Amb Friedman & co’s special notion of peace, based on racist notion that unlike Jews who for 1000s of years refused to forsake their history/narrative, Palestinians will be beaten into submission or bribed into giving up basic human demand for freedom & equal rights.”

When the Rami Levy mall opened in January 2019, FMEP explained:

“The massive new mall is the crown jewel of the shopping empire built by Israeli businessman Rami Levy, who already operates a network of supermarkets in settlements. Like all of Levy’s projects (and settlement industrial zones in general), the new mall is branded as a socially-conscience, ‘coexistence’-building business initiative, with Levy and government officials praising the fact that the new mall will attract both Israeli and Palestinian shoppers and be home not only to Israeli businesses, but to to a few Palestinian-owned/operated businesses as well.”

The ‘coexistence’ argument is dismantled by the Israeli watchdog group Who Profits, which explained:

“The Jerusalem mall would mark a new stage in Levy’s involvement in the occupation economy…[which] began with providing services to Israeli settlers and continued with the exploitation of Palestinians as a cheap labor force in his supermarkets. He now appears to be turning his attention to massive construction projects on occupied Palestinian land and the exploitation of a Palestinian captive market in the East Jerusalem…Rami Levy is in a position that would allow him establish a large mall on “virgin land” because the Israeli authorities have prevented Palestinian businesses from competing with Israelis. Levy’s plan would take advantage of the fact that Palestinians do not have other large-scale retail facilities. A flourishing market in Bir Nabala was destroyed by Israel’s wall in the West Bank. And venturing into West Jerusalem is not an option for Palestinians, most of whom live below the poverty line. Although there is every likelihood that the Israeli authorities will portray Levy’s mall as beneficial to Palestinians, there are important facts to be remembered. Palestinians entering his mall will not be exercising the right of a consumer to informed choice. Rather, they will be captive clients — belonging to an occupied people.”

Bonus Reads

1. “Democracy, Israeli Style” (New York Times)
2. “Jerusalem is Finally Unified, In Opposition to this Plan” (Haaretz)

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

To subscribe to this report, please click here.

April 5, 2019

1. Israel Expected to Advance Nearly 5,000 Settlement Units
2. Glassman/Or Sameach Yeshiva Project at Entrance of Sheikh Jarrah Neighborhood Approved for Public Deposit
3. Also in Sheikh Jarrah, The Sabbagh Family Receives Another Eviction Notice
4. New Settler Bypass Road Gets Go-Ahead After Deadly, Disputed Incident at Huwwara Interchange
5. Settlers Are Cultivating Palestinian Farmland Taken by the Construction of Israel’s Separation Wall
6. Transportation Ministry Voices New Concern About Elad’s Zipline Project in East Jerusalem
7. Yesh Din Issues Authoritative Report on Israel’s “Racist Endeavor” to Retroactively Authorize Outposts
8. Al-Haq Report: Israel Appropriated ‘Ein Fara Spring; TripAdvisor Now Promotes It as an Israeli Tourist Destination
9. Settler Leader: “Settlements are a Bridge to Socio Economic Peace”
10. Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

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Israel Expected to Advance Nearly 5,000 Settlement Units

According to reports last week, Israeli planning bodies were expected to meet and advance plans for nearly 5,000 new settlement units at a meeting on April 1st. However, that meeting appears to have been delayed.

Nonetheless, it is worth reviewing the leaked details of the settlement plans slated to be advanced, of which 1,427 are reportedly set to receive final approval from the High Planning Council, including

• 603 new units in the Ma’aleh Adumim settlement just east of Jerusalem;
• 325 new units in the Alon settlement, near the disputed Palestinian village of Khan al-Ahmar east of Jerusalem;
• 108 new units in the Etz Efraim settlement, in the northern West Bank, one of several settlements slated to become a “super settlement” area;
• 110 new units in the Givat Ze’ev settlement just north of Jerusalem;
• 281 new units in the Beitar Illit settlement.

A subcommittee of the Israeli Civil Administration was also set to meet on April 1st (no press reports indicate that the meeting actually happened), and was expected to advance plans for 3,474 new settlement units for public deposit, an earlier stage of the settlement planning process (reminder: all stages of the settlement planning process are significant, as each step through the publication of tenders is a political act of the Israeli government). The plans slated to be approved for public deposit include plans in settlement across the West Bank, reportedly include the following settlements:

• Elon Moreh, located east of Nablus in the central West Bank;
• Karnei Shomron, in the northern West Bank;
• Elkana and Oranit, which along with Etz Efraim, are slated to become a part of a “super settlement” area;
• Ariel in the central West Bank;
• Beit Aryeh northwest of Ramallah;
• Shiloh in the central West Bank;
• Talmon north of Ramallah.
• Peduel, in the northern West Bank but on the Israeli side of the separation barrier; and,
• Mitzpeh Yericho, just west of Jericho.

Glassman/Or Sameach Yeshiva Project at Entrance of Sheikh Jarrah Neighborhood Approved for Public Deposit

On April 2nd, the Jerusalem District Planning and Building Committee approved the Glassman/Or Sameach yeshiva project for public deposit. The plan, as FMEP has repeatedly covered, seeks to build a Jewish religious school (a yeshiva) at the entrance of the Sheikh Jarrah neighborhood of East Jerusalem. The yeshiva is one of several settlement projects set to flank the road leading into the Sheikh Jarrah neighborhood, designed to strengthen Israeli settlers’ hold on the neighborhood and seamlessly connect the growing settler enclave in Sheikh Jarrah with West Jerusalem.

Ir Amim warns and explains:

“[The Glassman/Or Sameach yeshiva] plan should be seen as an alarm bell in the context of Israel’s ramped up efforts to deepen its circle of control around the Old City Basin. The plan (Plan No. 68858)  calls for construction of an eleven-story building with eight levels above ground and three below, including a dormitory for hundreds of students and housing for faculty, to be located at the mouth of Sheikh Jarrah. It was submitted by the Ohr Somayach Institutions, to which the Israel Land Authority has already allotted land without a transparent tender process, and approved for deposit by the District Planning and Building Committee in July 2017.​”

In a detailed report on the Glassman yeshiva project, Terrestrial Jerusalem described it as:

“a clear effort to exploit Torah study to expand and normalize occupation in East Jerusalem (including by making the site politically untouchable, as it will now be linked with religious activities).”

Also in Sheikh Jarrah, The Sabbagh Family Receives Another Eviction Notice

On March 31st, the Palestinians Sabbagh family was handed another eviction notice, weeks after Israeli authorities rejected the family’s latest petition to reconsider the legal authority by which settlers are seeking to evict them from their home of 60+ years. Peace Now reports that the Sabbagh family is still attempting to delay their eviction, but is unlikely to succeed.

In a comprehensive briefing on the Sabbagh family’s protracted legal struggle, Ir Amim and Peace Now write:

“Increasingly, settler initiated, state-backed evictions of Palestinian families are being used as a strategy to help cement Israeli control over the area. Given their strategic location as gateways to the Old City, Sheikh Jarrah to the north of the Old City and Silwan to the south are the two neighborhoods under greatest pressure from Israeli settler groups. Some 150 families in these two areas alone are under threat of eviction…The Sabbagh family is only the latest family threatened with eviction in the Kerem Alja’oni section of Sheikh Jarrah. If evicted, their home will be the tenth to be seized by settlers. Roughly 30 Palestinian families are under threat of eviction and at least eleven have open court cases. Those cases were suspended pending the Supreme Court decision on the Sabbagh case; the recent removal of that stopgap could usher in a wave of new evictions. On the other side of Nablus road, in the Um Haroun section of Sheik Jarrah, an additional 40 or so families face the threat of eviction.”

New Settler Bypass Road Gets Go-Ahead After Deadly, Disputed Incident at Huwwara Interchange

The Israeli Defense Ministry announced that it approved the construction of a new bypass road to divert settler traffic around the Palestinian village of Huwwara. The new road will allow settlers to avoid the Huwwara interchange, a perpetually congested section of the main West Bank highway, Route 60, and an area that has been a site of Palestinian violence against the settlers, including a recent incident where a settler shot and killed a Palestinian teenager allegedly attacking the settler. Dubbed the “Huwwara Bypass,” the new road will be built on land historically a part of the Palestinian villages of Huwwara and Beita, which Israel seized for security reasons.

This road is one of five new bypass roads that Prime Minister Netanyahu promised to build under immense pressure from the settler lobby, known as the Yesha Council. It was one part of a massive security package that the Netanyahu government funded to the tune of $228 million in 2017. Peace Now detailed each of the five bypass roads slated for construction, and wrote:

“The planned roads…are meant to serve settlements located deep in the West Bank, which will not be a part of Israeli in the framework of an agreement according to the Geneva Initiative’s proposed border.Historically, the paving of bypass roads has led to an acceleration of the development of the adjacent settlements…Additionally, paving new roads in the West Bank entails the confiscation of private Palestinian lands. All of the roads are built due to needs of settlers rather than the needs of the Palestinians. In certain cases the roads can also be useful for Palestinians, but the majority of these roads are hardly used by Palestinians at all. This fact puts into question the Israeli legal argument behind the confiscation, as according to international law, the confiscation of lands must serve the local population, meaning the Palestinians.”

Transportation Ministry Voices New Concern About Elad’s Zipline Project in East Jerusalem

An official from the Israeli Transportation Ministry voiced reservations regarding the Elad settlement organization’s request to re-zone the “Peace Forest” as a “public use space” in order to allow for the construction of its zipline project there. At a meeting on April 1st (a previous meeting was covered by FMEP last week) to consider the request, a transportation official expressed concern that the project is a private commercial endeavor, not a public use project – meaning that the project might not be legal even if the forest were to be re-zoned for public use. The official said:

“[A zipline] constitutes commercial use: It’s not going to be operated by the municipality or a youth group. This alone is a reason not to approve the plan.”

The Haaretz report on the April 1st meeting also provides historical context on Elad’s illegal activities in the “Peace Forest” (which was established by the Jewish National Fund on privately owned land in East Jerusalem following the 1967 war) over the past 14 years. Haaretz writes:

“At first the NGO simply trespassed and built illegal structures there. But things changed and gradually various local and national bodies – including the Jerusalem Municipality, the Israel Land Authority, the Tourism Ministry and the JNF – began to grant Elad assistance. This assistance has included granting building permits retroactively, allocating land to the group without a proper bidding process, and generous funding to the tune of tens of millions of shekels…Most of Elad’s current focus is on managing and developing the City of David National Park in the Palestinian neighborhood of Silwan, and purchasing homes for Jews from the Arabs living there. But the NGO isn’t neglecting its other projects: It has been sponsoring activities in the Peace Forest since 2005, despite the fact that it has no ownership rights there or permits from the ILA (the legal owner of the land, which was expropriated from private Palestinian owners). These activities are essentially expanding Elad’s reach from Silwan into the entire historic basin of Jerusalem’s Old City, from the Mount of Olives to the Armon Hanatziv promenade (which actually consists of several different walkways, projects of the Jerusalem Foundation).”

Settlers Are Cultivating Palestinian Farmland Taken by the Construction of Israel’s Separation Wall

For the past six years, Israeli farmers have been farming Palestinian land that was left on the Israeli side of the separation barrier, an area Palestinian landowners are largely barred from entering.

When the separation wall was constructed in the early 2000s, it confiscated 35,000 acres (140,000 dunams) of Palestinian land as a result of its circuitous route that snakes deep inside of the West Bank. The land between the wall and the 1967 Green Line is commonly referred to as the “seam zone.”

Kerem Navot founder Dror Etkes – who obtained aerial photography documenting settler activity in the area – explained:

“One of the same plots to which landowners are barred from entering is located west of the Palestinian village of Nuba, about 15 kilometers northwest of Hebron. Nearly half of the village’s land was lost in 1948 because it remained west of the Green Line, and with the construction of the separation barrier in the area from 2005-2006, residents lost another 1,000 dunams that remained on the other side of the barrier. Although there’s an agricultural gate on site that was supposed to be used by landowners to reach their territory to the west, their entry has not been possible since the barrier was constructed. This ‘vacuum’ was identified by the ‘Mateh Yehuda Agricultural Association,’ which cultivates vast swaths of land that were transferred to Israeli moshavim in the area, including those west of the Green Line. After a few years in which the villagers didn’t access their land, the Agricultural Association decided that it was time to take over of one of the wadis in the area.”

Etkes separately told Haaretz:

“This story allows a peek into the jungle Israel created in areas left between the barrier and the Green Line. This area, called ‘the seam’ by Israel, is gradually becoming a looting ground for anyone who can grab a plot while exploiting a reality in which tens of thousands of West Bank residents are unable to reach their lands. All this proves that the route along which the barrier was built passes mostly through the West Bank, serving political interests, as anyone with eyes in his head saw and understood as the barrier was being built.”

Yesh Din Issues Authoritative Report on Israel’s “Racist Endeavor” to Retroactively Authorize Outposts

In a new report, the Israeli NGO Yesh Din analyzes the legal pretexts Israel has created to systematically legalize outposts across the West Bank that were built in contravention of Israeli law and on privately owned Palestinian land.

The report reviews and rebutts the findings of the “Zandberg Report”  – which (approvingly) outlined various legal tactics and tools the state can use to save those outposts.

Yesh Din found that the Zandberg Report’s recommendations allow for 99% of all unauthorized outposts to be retroactively approved within 2-3 years, anticipating that the government will declare 20 new settlements in the process.

Yesh Din’s report also examines how Israel has already undertaken the first step in this effort, by introducing the “market regulation” principle into the courts. If validated by the courts, the “market regulation” principle will provids legal cover to ‘regularize’ 2,700-3,000 illegal structures built on privately owned Palestinian land.

Yesh Din writes:

“The Zandberg Committee aids a racist endeavor whose essence is the dispossession of Palestinians from their land on the basis of ethnicity. The euphemisms used in the report and the legal terminology it employs do nothing to hide the fact that the ‘Regularization Committee’ report is, in fact, an expropriation report which provides the government more methods for normalizing and deepening the iniquity of Israel’s settlement policy: one area, the West Bank, with two populations – privileged Israeli citizens and Palestinians living under military rule, dispossessed and oppressed.”

Analyzing the Zandberg Report as an alternative to the settlement “Regulation Law,” Yesh Din states:

“The Zandberg Committee seemingly offers a more restrained framework for ‘regularization’ or retroactive authorization that purports to be less injurious than the ‘Regularization Law’ and relies on legal doctrines. In truth, however, the report cloaks landgrab, dispossession and expropriation on an extremely large scale – approaching that of the Regularization Law – in a shroud of legality.”

Al-Haq Report: Israel Appropriated ‘Ein Fara Spring; TripAdvisor Now Promotes It as an Israeli Tourist Destination

Al-Haq, the preeminent Palestinian human rights group, published a report documenting Israel’s appropriation of the ‘Ein Fara spring, located on the lands of the Palestinian village of Anata northeast of Jerusalem. The spring historically served as the primary source of drinking water and agricultural water for Anata and several surrounding villages.

Since 1967, Israel has appropriated the spring and its waters, and built five settlement on the surrounding land.

Israel renamed the spring the “En Prat Nature Reserve” and promotes religious tourism at the site, as does TripAdvisor.

Al-Haq writes:

“The appropriation of village lands, confiscation of water resources and continued denied access to Palestinians violates the right to self-determination, further breaches the prohibition of discrimination, the right to life including the duty to ensure access to water, the right to water, the rights of freedom of movement, the right to a livelihood, and cultural rights related to the integral use of the ‘Ein Fara spring to communal village life. Al-Haq reminds that Trip Advisor is advertising ‘En Prat Nature Reserve’ a settler tourism service, on its internet platform. Al-Haq stresses that Trip Advisor is providing an economic service for the benefit of Israeli settlements, which may amount to an involvement in settlement related activities.”

Settler Leader: “Settlements are a Bridge to Socio Economic Peace”

Writing in the Jewish News Syndicate, Yochai Dimri (chairman of Har Hevron Regional Council) makes a pitch for the Israeli public and elected officials to drop hopes of a “peace deal” in favor of socio-economic “co-existence” initiatives that normalize the settlements.

As FMEP has documented, this message lines up exactly with the activities and priorities of the Trump Administration, particularly with Amb. David Friedman who has been in partnership with the Har Hevron Regional Council to promote the Judea and Samaria Chamber of Commerce as an Israeli-Palestinian business cooperative.

In a piece entitled – “Settlements are a Bridge to SocioEconomic Peace” – Dimri writes:

“The Barkan Industrial Park near Ariel is an outstanding model for collaboration between Jews and Arabs, and is the wellspring of local employment for both populations. A similar industrial area in Har Hevron is currently in the planning stages, and flourishing businesses and factories are expected to be established there to benefit the residents of Har Hevron and the Negev…The need of the hour is to expand collaborations to include health, education and other necessary areas as well—not through international initiatives, but through Israeli ones. Once Israel learns to view the settlement communities in Judea and Samaria as an asset and not a liability, as an impetus for change and not a roadblock, it will discover that they are not an obstacle to peace, but rather a bridge to achieving economic and social peace.”

FMEP’s Lara Friedman reacted to this notion in a recent op-ed:

“Last October, Friedman participated in a public event convened in the settlement of Ariel. The event, which featured Israeli settlers and a handful of Palestinians, promoted the view that the key to peace is not political agreements or negotiations. Rather, peace would come from economic and business cooperation between Palestinians (living under Israeli occupation, governed by Israeli military and military law designed to promote the interests and needs of Israel, entirely disenfranchised from the powers that control their lives) and settlers (living in settlements built on land taken from Palestinians, enjoying all the entitlements and protections of Israeli citizenship and law, and with representatives and allies at every level of Israeli government). This approach, not coincidentally, exemplifies a vision of ‘peace’ based on promises of improved quality of life for individual Palestinians, de-coupled from any pretense of helping Palestinians end an occupation that the United States no longer believes to exist, or achieve national self-determination that the United States no longer supports. Tweeting about that event, Friedman suggested that this kind of cooperation was precisely the kind of opportunity that the Palestinian people truly want and could have, if only their leadership would listen.”

Bonus Reads

1. “How Israel is Working to Remove Palestinians from Jerusalem” (The National)
2. “Annexation Will Free Israel from the Fake Commitment to Liberty and Equality” (Haaretz)