Settlement Report: October 25, 2018

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

To subscribe to this report, please click here.

October 25, 2018

  1. More Evidence of WZO Support for Illegal Settlement Activity
  2. Israel to Expropriate More Palestinian Land to Widen West Bank Highway
  3. Settlers Take Over Another Building in Silwan
  4. Hugely Disproportionate Amount of Government Grants to Regional Councils Go to Settlements
  5. Fearing Unfavorable Court Ruling, Palestinians Petition ICC to Stop Hebron Settlement Plan
  6. Cabinet to Consider Bill to Allow the Knesset to Overrule the High Court of Justice
  7. Knesset Advances Bill to Politicize Legal Advisors
  8. More Drama Surrounding Palestinians Who Sold Old City House to Settlers
  9. Israeli “Sovereignty Movement” Asks Candidates About Annexation Views
  10. Bonus Reads

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


More Evidence of WZO Support for Illegal Settlement Activity

The Israeli non-profit organization Kerem Navot revealed new documents offering new evidence that the Settlement Division of the World Zionist Organization employs unlawful practices in its drive to help settlers build illegal outposts and unauthorized settlement structures on Palestinian land in the West Bank. The documents show that the WZO’s Settlement Division has regularly engaged in practices including:

 

  • Granting loans – using taxpayer money – for illegal construction of settlement unauthorized outposts;
  • Accepting highly questionable “collateral” from the settlers to guarantee such loans, including sheep, a chicken coop, date trees, and agricultural equipment; and
  • Providing false confirmations to private banks that settlers owned or were legally working land, in order to enable settlers to acquiring private mortgages for homes in unauthorized outposts and/or homes built illegally in existing settlements.

Dror Etkes, founder of Kerem Navot, told Haaretz:

“It’s been obvious for years that the [Settlement] division has adopted unlawful patterns of operation after assuming the role of contractor carrying out the dirty work that state authorities have tried to distance themselves from having direct responsibility for. The documents show systematic and continuous unlawful conduct intended to support the most extremist and violent elements among the settlers, people who are responsible for the expulsion and expropriation of Palestinian communities from wide areas of the West Bank.”

The WZO’s Settlement Division was created by the Israeli government in 1968 – and is funded entirely by Israeli taxpayers. Its mandate is to manage West Bank land expropriated by Israel, in order to facilitate the settlement of Israeli Jews in the occupied territories. To make this possible, the Israeli government has allocated approximately 60% of all “state land” to the WZO’s Settlement Division [over the past 50 years Israel has declared huge areas of the West Bank to be “state land,” including more than 40% of Area C, where most of the settlements are located]. But apparently that wasn’t enough for the WZO’s Settlement Division: settlement and human rights watchdogs have repeatedly documented how it has worked to take over additional land, including privately owned Palestinian land, in order to build more settlements.

Despite the controversies, in June 2018 the Knesset gave preliminary approval to a bill that would hand over almost all of Area C to the WZO’s Settlement Division. Peace Now responded at the time:

“the government is scandalously planning to give the biggest land thieves responsibility for managing the land distribution, which will continue to be done under the cover of darkness if the bill passes into law.”

Israel to Expropriate More West Bank Land to Widen West Bank Highway

According to Palestinian press reports, the Israeli Minister of Transportation Yisrael Katz has greenlighted a project to confiscate vast tracts of Palestinian land in the West Bank, in order to widen a section of the West Bank’s main north-south highway, Route 60, in an area spanning between Bethlehem-area settlements to Hebron-area settlements. In addition to confiscating land to add two lanes to the road (doubling the number of lanes from 2 to 4), Palestinians fear that the highway expansion is part of a larger project seeking to expand the West Bank settler population to 1 million Israelis by 2030, as promised by Education Minister and the leader of the Jewish Home party Naftali Bennet. The Israeli Transportation Ministry has reportedly allocated $50 million to the project.

Highway 60 is the sole major roadway providing north/south contiguity through the West Bank. Palestinian access to Route 60 is restricted in sections near settlements, and Route 60 has been completely severed between Jerusalem and Bethlehem by Israel’s separation barrier (there is literally a wall across the highway) in order to include the Efrat settlement on the Israeli side of the barrier. The economic, political, and social impacts of the closure of Highway 60 have been severe for the Palestinian population.

Settlers Take Over Another Building in Silwan

Ir Amim reports that the last remaining Palestinian tenants have been evicted from an apartment building located in the Batan al-Hawa section of Silwan, the site of the single largest settler takeover operation in East Jerusalem since the annexation of East Jerusalem in 1967.

The Abu-Sneina family was the last tenant in a 4-story, 10-unit building. The Israeli Custodian General transferred ownership of the building to the Ateret Cohanim settler organization (which works to establish Jewish enclaves inside densely populated Palestinian neighborhoods of East Jerusalem) in 2015, based on the settlers’ taking over management of the Benvenisti Trust, which oversaw the assets of Yemenite Jews who lived in the neighborhood in the 19th century. Palestinians have challenged the legitimacy of the Benvinisti Trust’s rights to the currently existing buildings, saying that the trust only covered the old buildings (none of which remain standing) and not the land. Indeed, the State admitted to the Courts on June 10, 2018 that the land had been transferred to the Benvenisti Trust/Ateret Cohanim without a proper investigation into its legal status. On June 17, 2018, the Israeli High Court of Justice ordered the Israeli government to provide more information and an explanation of the decision to give the land/buildings to the Trust. Nonetheless, in September 2018 the Jerusalem Magistrate Court ruled that evictions could proceed in buildings that Ateret Cohanim controls, even though Ateret Cohanim’s ownership of the buildings – based on its control of the Trust – remains in legal question.

As FMEP has previously reported, Ateret Cohanim is implementing a multifaceted campaign to remove Palestinians from their homes in the Batan al-Hawa section of Silwan, claiming that the Palestinians are illegally squatting on land owned by the Trust. To date, Ateret Cohanim has managed to acquire the deeds to six Palestinian homes in Batan al-Hawa, inserting some 20 Israeli Jewish families in place of evicted Palestinian residents. The organization has eviction orders pending against an additional 21 homes, with 800 Palestinians at risk of eviction.

Yakoub al-Rajabi, a Palestinian resident of Batan al-Hawa, recently told The Washington Post:

“We know that this was a well-orchestrated plan to force us to leave. And if we stay, it will paralyze us and isolate us in our homes.”

In a 2016 report that covers the Batan al-Hawa situation in detail, Ir Amim and Peace Now underscore the significance of Ateret Cohanim’s efforts:

“If the settlers are successful, Batan al-Hawa is anticipated to become the largest settlement compound in a Palestinian neighborhood in the Historic Basin of the Old City, with the outcome of significantly tightening the emerging ring of settlements around the Old City and severely undermining the possibility of a future two state solution in Jerusalem.”

Celebrating the takeover of another building in Batan al-Hawa in August 2018, Ateret Cohanim director Daniel Luria told The Times of Israel:

“Every acquisition is very difficult. We’re up against a mobilized Arab world, parts of which are violent. There is huge pressure and millions of dollars are being pumped in to strengthen the Arab hold on the city…[the] biggest problem is trying to get the Jewish world to understand what needs to be done. We have the best relations ever with a US administration. For [US Vice President Mike] Pence and [US Ambassador to Israel David] Friedman and the others, [settling Jews in East Jerusalem] is a no-brainer. What’s our right-wing government waiting for? It’s not about what the US says. It’s about what we do. We are not doing anything to stop the peace process but will not compromise on a millimeter of Jerusalem. You have to show strength of conviction and sovereignty to have peace and coexistence. This can only happen when you live together under Jewish sovereignty.”

Hugely Disproportionate Amount of Government Grants to Regional Councils Go To Settlements

The Knesset Research and Information Center issued a report revealing that 25% of all state funds allocated to Israeli regional councils are given to West Bank regional councils, despite the fact these settlement regional councils account for just 5% of all regional councils operating on both sides of the Green Line.

Examining funding channels – including grants to regional councils for education, welfare, and for projects of the Interior Ministry – it was found that the settlement regional councils are far better funded than those located in sovereign Israel. Putting a fine point on the discrepancy, a student attending school in a settlement receives nearly twice the amount of government benefits per year as compared to a student studying in sovereign Israeli territory.

MK Stav Shaffir (Zionist Union), who ordered the report, points out that the report doesn’t even begin to document the total amount of money that the government diverts from sovereign Israel into settlements:

“This is only the tip of the iceberg, since the report doesn’t include the budgets that are transferred outside the budget plan, like the Settlement Division’s budgets that are mostly invested in the West Bank settlements and not in the State of Israel.”

The Adva Center, an Israel non-profit that documents and analyzes the cost of occupation on the state budget, published a report [full report in Hebrew, executive summary in English] in August 2018 showing that Israel is not only disproportionately funding settlement councils in general, but in particular is disproportionately funding settlement councils located deep inside of the West Bank, in areas that are most problematic to any future attempts to draw borders for a two-state solution. Adva writes:

“Non-Haredi settlements in the occupied territories are still to be found at the top on 3 measures. Compared to several other types of municipalities – the 15 most affluent Israeli localities, the largely Mizrahi “development towns,” the Arab localities within Israel, and Haredi settlements, the non-Haredi settlements continue to enjoy the largest per capita municipal expenditure, the largest per capita central government “designated” subsidy (mainly for education and social welfare services), and the largest per capita central government balance grant. The non-Haredi settlements, on the other hand, include, among others, the so called “ideological” settlements, many of them deep inside Palestinian territories and strongly opposed to the creation of a Palestinian state.”

Fearing Unfavorable Court Ruling, Palestinians Petition ICC to Stop Hebron Settlement Plan

On October 18th, top Palestinian diplomat Saeb Erekat sent a letter to the International Criminal Court (ICC) asking it to expedite the launch of a criminal investigation into Israeli settlement activity, citing the urgency of preventing the construction of a new 31-unit settlement in the heart of Hebron. Palestinians most recently referred a case against Israeli settlements to the ICC for investigation in May 2018, its eighth referral on the matter.

Speaking to Al-Monitor, Tawfiq Jahshan – a lawyer for the Hebron Rehabilitation Committee – explained that Erekat’s letter might have been motivated by the Israeli government’s decision to approve the new settlement plan despite pending litigation against it. Jahshan said:

“There were deliberations [about petitions against the plan] and hearings. Most recently in June, the final hearing was postponed and the decision was to be notified — once issued — by way of email. But surprisingly Israel’s Cabinet approved Oct. 14 the financing of the project. By acting before the issuance of the judicial decision, the Israeli Cabinet gave the green light to the judges to refuse the objection…There is no competent Palestinian judicial body to examine such cases, so we have to resort to Israeli justice often unfair to us. Resorting to the ICC is a necessary step to face the injustice shown by the Israeli judiciary.”

To date, the Israeli Defense Ministry has not issued a response to either of the two formal complaints filed against the settlement plan. Both petitioners – the Hebron Municipality and Peace Now – have stated they will appeal the case to High Court of Justice if the Defense Ministry decides the settlement can be built.

Cabinet to Consider Bill to Allow the Knesset to Overrule the High Court of Justice

Israeli Justice Minister Ayelet Shaked and her Jewish Home party have decided to advance a new, narrow version of the so-called High Court override law which will make it impossible for the High Court of Justice to strike down the Knesset’s plans to deport African asylum seekers and migrants. The new version has been narrowed in order to gain support from parties that are willing to see the High Court overruled when it comes to Africa asylum seekers, but opposed to a broader overrule law.

The decision to advance the narrower version increases the likelihood that the law will pass, and in so doing deals another body blow to Israel’s judicial system. At the same time, the decision drew protest from hardliners. Seeking to assuage right-wing critics of the limited plan, Shaked announced that Jewish Home will demand support for the broader version of the law as a part of a future coalition agreement (elections are widely expected to be called soon, meaning the governing coalition agreement will need to be renegotiated).  If the broader version passes into law, the Knesset will be able to reinstate any law struck down by the High Court (including most relevantly, the settlement Regulation Law, if it is struck down as expected).

Economic Minister Moshe Kahlon (leader of the Kulanu Party, which is part of the current governing coalition) has effectively blocked the broader bill from moving forward by whipping his party members to stand firm against it. Kahlon has taken heat from all sides concerning his support for the limited version this week. From the left, Zionist Union MK Michal Biran said:

“Kahlon declared he would support a narrow notwithstanding clause, concerning the infiltrators. Meaning, in some cases it’s allowed to bypass the High Court, but in other cases it’s not. Kahlon’s attempt to run between the raindrops in this extremist right-wing government shows lack of ideology, lack of trust in the justice system, and lack of trust in the fact the public is not stupid. Kahlon’s voters wanted to see a man in the government who represents the sane center, and got a submissive slave of Netanyahu. With his own hands Kahlon is helping bypass Basic Law: Human Dignity and Liberty over political whims.”

From the right, MK Shuli Mualim said:

“This is a test Minister Kahlon, who has for months been preventing the enactment of the broader legislation on the issue … the bill formulated now is exactly the kind of bill Kahlon claimed he would support. I expect him to keep his promises to the residents of southern Tel Aviv.”

The narrow bill will be presented to the Ministerial Committee on Legislation at its next meeting on October 28th, and is expected to receive the seal of government-backing. If the committee votes to back the bill, it will then be sent to the Knesset where it will need to pass three readings.

Knesset Advances Bill to Politicize Ministerial Legal Advisors

On October 22nd, the Knesset’s Constitution, Law, and Justice Committee reviewed a bill being promoted by Justice Minister Ayelet Shaked that, if passed, will allow each government minister to select his/her own ministerial legal advisor, a move which politicizes a key office charged with ensuring that the rule of law is followed when implementing policy. Legal advisors have the authority to block actions of the minister if they are deemed unlawful, a critical power that requires political independence from the ruling coalition and party figure at the head of the ministry. The bill has already passed its first Knesset reading.

The Haaretz Editorial Board published blistering piece on the bill, writing:

“Instead of legal advisers who are honest, independent, loyal to the law and prepared to warn against illegal, corrupt and improper activity, we will have legal advisers who close their eyes to government corruption and who will be prepared to whitewash anything. Instead of independent advisers we will get dependent and submissive ones.”

There has been widespread criticism of Shaked’s bill, including from Israeli Attorney General Avichai Mandelblit (who argued against the law before the Knesset), Israeli President Reuven Rivlin, and many other legal luminaries.

More Drama Surrounding Palestinians Who Sold Old City House to Israeli Settlers

The Israeli Shin Bet arrested (and later released) two Palestinian Authority (PA) officials suspected of abducting a Palestinian-American real estate dealer who was allegedly involved in the sale to an Israeli settler organization of a house in the Muslim Quarter of the Old City, abutting the al-Aqsa Mosque. The two men arrested were Adnan Ghaith, who was appointed as the Governor of Jerusalem by the Palestinian Authority (PA), and Jihad al-Fakih, the director of the PA’s intelligence efforts in Jerusalem. The PA claims that the Palestinian-American man surrendered himself willingly into its custody, where he reportedly remains under interrogation at the order of President Abbas. The unnamed individual’s family has submitted requests for help to the American Embassy in Jerusalem. The U.S. State Department has said it is in touch with the PA about the reports.

Israeli “Sovereignty Movement” Asks Candidates About Annexation Views

The settler organization known as the “Sovereignty Movement” has polled candidates running in the upcoming Israeli local elections on their support for annexation policies. The resulting compendium of candidate statements in support of annexation was published in the Arutz Sheva settler-aligned news outlet.

Local elections will be held October 30th across Israel and West Bank settlements. The Sovereignty Movement released a statement calling on candidates to support annexation, saying:

“Implementing Israeli sovereignty in Judea and Samaria constitutes the next essential step in the Zionist vision of the return of the People of Israel to its Land, and a vital step in security, but is also necessary in order to provide civil rights for the residents of Judea and Samaria that is equal to those of the rest of the citizens of Israel. The heads of local authorities understand well the difficult challenges in dealing with military figures to promote even the elementary civil needs of the residents. Applying sovereignty will put a stop to the discrimination and harming almost a half-million Judea and Samaria residents. This is the time to tell the different candidates in the various authorities: Support sovereignty and we will vote for you!.”

Bonus Reads

  1. “Israel Has Chosen Settlements Over Security” (The Forward)

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

To subscribe to this report, please click here.

October 18, 2018

  1. Full Speed Ahead on “Legalizing” Illegal Outposts
  2. Israeli Cabinet Approves $6.1 Million in Funding for New Settlement in Hebron
  3. Ambassador Friedman Stand With Settlers (Literally) in Ariel
  4. Closure of U.S. Consulate Stokes Annexation Hopes/Fears
  5. B’Tselem Head to UN Security Council: Israel’s Settlement Policies Have Created Bantustans in West Bank
  6. If Not Now: 5 Ways American Jews Are Supporting Occupation
  7. Arab League Issues Report Slamming “Accelerating” Settlement Growth and “Apartheid” Policies
  8. Bonus Read

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


 Full Speed Ahead on “Legalizing” Illegal Outposts

Two outpost-related developments this week underscore the Israeli governments seriousness about moving ahead with its plans to suspend even the pretense of respect for the rule of law for the sake of settlements.

First, the Knesset’s Internal Affairs Committee is calling for the Israeli Civil Administration and Prime Minister Netanyahu to act by the end of the year to retroactively legalize 20 settlement outposts built on without Israeli government authorization on privately owned Palestinian land, with 50 more outposts to follow. Speaking to the Knesset Committee on October 15th, Pinchas Wallerstein, the longtime settler leader whom the government appointed to lead its ongoing effort to move ahead with legalization of the outposts, argued that the Civil Administration can “easily” authorize 15-20 outposts by including them as neighborhoods of existing settlements, and that an additional 50 outposts can be legalized but will require more complicated solutions. It is worth recalling here that in the years before the took this new job, Wallerstein: was prosecuted for knowingly violating Israeli law by illegally building a sewage plant near the Ofra settlement on private Palestinian land; admitted to issuing forged building permits for settlement construction without the authority to do so; and admitted to lying to government authorities to expedite the construction of the (since evacuated) building the Amona outpost. The Civil Administration’s High Planning Council – the arm of the Israeli Defense Ministry which is the sovereign power in the West Bank (and therefore responsible for regulating construction there) – is expected to meet one more time this year to advance and approve settlement construction plans.

As FMEP has tracked, the effort to legalize 70 outposts built on privately owned Palestinian land started in earnest following the passage of the Regulation Law in February 2017. That law gave the Israeli government new, sweeping authority to legalize outposts the status of which it has been unable to otherwise address under existing Israeli law (which, consistent with a basic tenet of rule of law, did not permit the State, in effect, to condone one set of individuals engaging in the outright theft of private property belonging to another set of individuals). Notably, the 2005 Sasson Report concluded that there was no possible way to legalize outposts built on privately owned Palestinian land, and concluded that all such outposts should be evacuated. However, based on new authorities granted to the government under the Regulation Law, the Israeli government has moved ahead with legalization efforts, despite the fact that the Regulation Law was subsequently frozen while the High Court weighs its constitutionality (and remains frozen at this time). These efforts include establishing in May 2017 a special committee (known as the Zandberg Committee, named for its chairwoman, Haya Zandberg, who was since named a Jerusalem district court judge), which in May 2018 issued recommendations for how Israel could retroactively legalize all outposts within three years; and they included appointing Pinchas Wallerstein to take charge of the subsequent legalization push (despite pushback from the Justice Ministry).

In July 2018, MKs Bezalel Smotrich (Habayit Hayehudi) and Yoav Kisch (Likud) sought to speed up the implementation of the Zandberg Report’s recommendations by submitting a bill for consideration by the Israeli Cabinet, aiming to directly legalize the 70 unauthorized outposts across the West Bank. The Cabinet has not yet called that bill up for consideration.

In this week’s second outpost-related development, Justice Minister Ayelet Shaked has received approval to appoint a Justice Ministry representative to the coordination team which supervises and directs the work of the outpost legalization committee described above. Taking orders from and reporting to Shaked, the new Justice Ministry representative to the coordination team will ensure that Shaked’s influence shapes the committee’s work. FMEP has repeatedly documented the many ways Shaked has inserted herself into government matters involving settlements and outposts – all in order to ensure the Israeli government acts to protect settlers, ensure their continued permanence in the West Bank, and prepare the way for the ultimate annexation of Area C.  The totality of Shaked’s efforts are documented, on an ongoing basis, in FMEP’s Annexation Policy Tables.

To be clear: if implemented, the retroactive legalization of outposts built on privately owned Palestinian land will dismantle even the pretense of Israeli respect for the rule of law in West Bank, in effect rewarding Israelis for breaking the law. It will do so not for the sake of Israeli security or the interests of the Israeli population as a whole, but rather for the sole benefit of settlers. If implemented, the recommendations will “legalize” the outright theft of land recognized by Israel as privately owned by Palestinians and will lay the groundwork for continued, additional expropriation of privately-owned land for settlement-related construction.

Developments related to these efforts are tracked in FMEP’s annexation policy tables.

Israeli Cabinet Approves $6.1 Million in Funding for New Settlement in Hebron

On October 14th, the Israeli Cabinet voted to expedite the establishment of a new settlement in the heart of downtown Hebron and pay the bill – totalling $6.1 million (22 million shekels) – from several ministries – for its construction. FMEP reported on the plan for 31 settlement units on Shuhada Street in last week’s Settlement Report, including two legal challenges filed by Peace Now and the (Palestinian) Municipality of Hebron. If implemented, this will be the first new government-backed settlement in downtown Hebron since 2002.

Map by Haaretz

The new settlement will require significant renovations to transform a military base into a new settlement, to include 31 residential units, a kindergarten, and “public areas.” The Defense Ministry will contribute about $770,000 (2.8 million shekels), and the Science, Technology and Space Ministry, the Environmental Protection Ministry and the Ministries of Social Equality, Justice, and Education are also committed to subsidizing the project.

MK Ayman Odeh (Joint List) slammed the Cabinet’s decision, saying:

“Twenty-two million shekels to expand the occupation. Straight from government ministries near your home. The divisive and inciting right-wing government is continuing to inflame the region and then shouts that there is no partner. For the benefit of a handful of extremist settlers, the government is trampling its citizens.”

 Ambassador Friedman  Stand With Settlers (Literally) in Ariel

While making a very strong political statement with his attendance at a private business conference in the Ariel settlement, U.S. Ambassador David Friedman continued to publicly champion settlement industrial zones as meaningful “coexistence” and “peace” projects that advance U.S. peace efforts. Following the event, Ambassador Friedman tweeted:

“At the invitation of the Judea and Samaria Chamber of Commerce, I met in Ariel with Palestinian & Israeli business leaders ready, willing & able to advance joint opportunity & peaceful coexistence. People want peace & we are ready to help! Is the Palestinian leadership listening?”

A U.S. Embassy spokesperson released a statement on the Ambassador’s support for business “coexistence” programs, saying:

“In support of the President’s peace plan, U.S. Ambassador Friedman is working to promote peaceful coexistence and stronger people to people connections between Israelis and Palestinians because people that work together and do business together are more likely to form bonds of friendship and live together in peace. The ambassador was encouraged by the enthusiasm and commitment of the Israeli and Palestinian business leaders he met with yesterday to work together to create more economic opportunity and peaceful coexistence within the region.”

Map by Human Rights Watc

In last week’s settlement report, FMEP linked to several resources acknowledging and explaining the perversity of labeling Israel’s economic exploitation of occupied territory (including the local workforce, land, and other natural resources) “coexistence” or suggesting that it brings to the Palestinians benefits they should welcome. Adding to that, a new piece in The New York Times quoted a spokesman for the Palestinian Authority explaining the Orwellian reality of settlement industrial zones:

“Somebody occupies your country, steals your land, steals your water, steals your resources, then says: ‘I’ll make a good deal for you if you come work for me. I’ll create jobs for you. We are not occupiers. We are employers.’ This is ridiculous. The colonial settlements are illegal in every sense of the word.”

The media also widely reported this week that Friedman’s participation in the event at Ariel was the first time a U.S. ambassador had traveled to an Israeli settlement in his/her official capacity – despite the fact that Friedman has previously visited settlements since taking up official duties. Regardless, Friedman’s very public act of traveling to and speaking at Ariel should put to rest any remaining speculation about whether the U.S. had changed its policy refraining from official travel there.

Americans for Peace Now reacted to the events of the week, saying:

“Friedman’s idea of Israeli-Palestinian peaceful coexistence is what he found under Israeli military occupation, in a settlement that is one of the largest obstacles to Israeli-Palestinian peace.”

J Street released a statement saying:

“By making an official public appearance at an event in an Israeli West Bank settlement, Ambassador Friedman once again crossed a major, longstanding red line of bipartisan US policy. The Trump administration continues to send a clear message of support for the settlement movement and the agenda of the Israeli right. Indeed, the ambassador, himself a longtime benefactor of the settlement movement, has actively worked to erode the distinction between Israel and the occupied territory it controls beyond the Green Line. With unprecedented actions like these, the Trump administration is driving home the point that they have no real interest in promoting a two-state solution to resolve the Israeli-Palestinian conflict — now or in the future.”

 Closure of U.S. Consulate Stokes Annexation Hopes/Fears

On October 18th, the U.S. State Department announced that it is closing the U.S. Consulate in Jerusalem and folding its functions into a new “Palestinian Affairs Unit” within the U.S. Embassy. For decades, the U.S. Consulate General in Jerusalem – one of the only fully independent Consulates the U.S. maintains anywhere in the world, reporting directly to Washington, rather than operating under the authority of an embassy – has functioned as the de facto U.S. embassy to the Palestinians. As such, its existence carried important symbolism for Palestinian national aspirations, signaling that the U.S. viewed Palestinian affairs and its relations with Palestinians and their leaders not merely as a subset of issues between Israel, but as a matter of importance to the U.S. in its own right, and as a separate bilateral relationship.

The downgrading of U.S. relations with the Palestinians implied by this shift in operations – the implications of which are well understood both by Palestinians and the Israeli right – has inspired celebration from Israel’s pro-annexationist leaders, and stoked despair amongst Palestinians.

Commenting on the move, FMEP President Lara Friedman tweeted:

“Added to recent closure of PLO mission in Washington, it cements new reality of US w/ NO direct, bilateral relationship with Palestinians – any/all relations will now be wholly-owned subsidiary of US-Israel ties…completing the roll-back of relations to pre-Madrid era.”

Saeb Erekat released a statement saying:

“The Trump Administration is making clear that it is working together with the Israeli Government to impose Greater Israel rather than the two-state solution on the 1967 border.  The US administration has fully endorsed the Israeli narrative, including on Jerusalem, Refugees and Settlements.”

Former Israeli Ambassador to the U.S. and current Deputy Minister for Diplomacy, MK Michael Oren tweeted:

“A great day for Israel, Jerusalem, and the United States. SoS Pompeo’s announcement closing the U.S. consulate in Jerusalem and transferring its responsibilities to the embassy ends the last vestige of American support for the city’s division. Israel is deeply grateful.”

Peace Now tweeted:

“The downgrading of the unofficial US embassy for Palestinians in Jerusalem coincides this week with the US Ambassador to Israel’s decision to cross the red line on visiting settlements when he visited Ariel. The writing is on the wall.”

Americans for Peace Now released a statement saying:

“Downgrading the US diplomatic mission to the Palestinians to a subsidiary of the US embassy to Israel signals that American policy toward the Israeli-Palestinian conflict has changed dramatically. It puts a giant question mark over the assumption of a future Palestinian state. It is yet another gesture in a series of humiliating measures toward the Palestinians and their leadership by the Trump administration. More than anything, this measure signals an acceptance, if not outright embrace, of Israel’s accelerating process of annexing the West Bank, a declared goal of the most extreme right-wing elements in Israel’s governing coalition. The fact that this ‘merger’ (more accurately, a hostile takeover) will be led by US Ambassador to Israel David Friedman makes this development even more alarming. David Friedman has openly and publicly attacked the two-state solution. He is an avid supporter and past financier of Jewish settlements in the West Bank and has been openly contemptuous of the Palestinian leadership, availing himself of any opportunity to demean it. Disastrously, Friedman has emerged as the architect of the Trump administration’s calamitous policy toward the Israeli-Palestinian conflict and no one within the administration is willing or able to stop him from ramming through his agenda.”

B’Tselem Head to UN Security Council: Israel’s Settlement Policies Have Created Bantustans in West Bank

Addressing the United Nations Security Council on October 18, 2018, B’Tselem President Hagai El-Ad said:

“…All this is often referred to as “the status quo.” Yet there is nothing static about this reality. It is a calculated and deliberate process of slowly splitting up an entire people, fragmenting their land, and disrupting their lives: separating Gaza from the West Bank, breaking up the West Bank into small enclaves, and walling off East Jerusalem from the rest of the West Bank. Eventually, what remains are isolated bits, the easier to oppress: a family slated for “eviction” in the East Jerusalem neighborhood of Silwan; a community such as ‘Urif, south of Nablus, trying against all odds to hold on to its land and farm it in the face of Israel’s long arm of unchecked settler violence; or Area A of the West Bank, conveniently said to be “under full Palestinian control,” but in fact essentially large Bantustans, slowly but surely being hemmed in by ever more new or expanding Israeli settlements. None of this is random. All of it is policy-driven. Two of the latest and most conspicuous examples are Israel’s conduct in the recent protests in Gaza, and its plans for Khan al-Ahmar, a Palestinian shepherding community. Some 200 people live in Khan al-Ahmar, just a few kilometers east of Jerusalem, in an area where Israel has long endeavored to minimize Palestinian presence and expand settlements.”

If Not Now: 5 Ways American Jews Are Supporting Occupation

The American Jewish group If Not Now published a new report entitled, “Beyond Talk: Five Ways the American Jewish Establishment Supports the Occupation.” Settlements factor in heavily in the critique.

A few of If Not Now’s findings:

  • Between 2009 and 2013, 50 American 501(c)(3) non-profit organizations gave over $220 million in tax-deductible donations to settlements and other extreme right-wing organizations, according to an investigation of American and American Jewish organizations’ IRS tax forms conducted by Israel’s Haaretz newspaper.
  • Jewish Federations in cities around the country allow donors to funnel money through donor-advised funds to pro-Occupation organizations that fund extreme right-wing settlers. At the same time, they prevent donors from using these funds to support groups that have expressed support for Palestinian rights, such as the National Lawyers Guild, Jewish Voice for Peace, and IfNotNow.
  • In addition to lobbying for Israel, the majority of Jewish institutions lobby against any and all criticism of Israel’s Occupation. Of all American Jewish organizations with large national memberships, only Americans for Peace Now, Jewish Voice for Peace, J Street, and the New Israel Fund supported the U.S. administration’s abstention in the December 2016 United Nations Security Council Resolution recognizing Israel’s settlements as illegal under international law. The mixture of condemnation and silence from every other national American Jewish organization demonstrates an investment in a status quo that benefits settlement expansion over Palestinian rights.

The entire report (with extensive citations for the above facts) is available online here.

Arab League Issues Report Slams “Accelerating” Settlement Growth and “Apartheid” Policies

On October 14th, the Arab League issued a report condemning Israeli settlement construction, which the group cites as happening at “an accelerating pace amid U.S. acceptance and encouragement and absence of international accountability.” The report continues, “Israel systematically allocates lands for Jews as part of a policy that can only be described as apartheid.”

Bonus Read

  1. “Settlers Accused of Targeting Palestinian Olive Trees As Harvest Kicks Off” (Times of Israel)

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

To subscribe to this report, please click here.

August 31, 2018

  1. Setting a New Legal Precedent, Court Accepts “Market Regulation” Principle As Basis for Legalizing Outpost
  2. Shaked & Regavim Take Credit for Precedent-Setting Outpost Legalization Victory
  3. Another New Outpost – Continuing the Trend of Unannounced, Unopposed, & Highly Consequential Settlement Expansion
  4. Special U.S. Regulations Protect Israel’s Settlement Enterprise from Quality Aerial Documentation
  5. Bonus Reads

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


Setting a New Legal Precedent, Court Accepts “Market Regulation” Principle As Basis for Legalizing Outpost

Jerusalem District Court Ruling

On August 18th, Jerusalem District Court Judge Arnon Darel ruled in favor of retroactively legalizing the Mitzpe Kramim outpost, holding that privately owned Palestinian land can (and should) be expropriated for the settlements in instances where Israeli settlers built “in good faith” and with government support – a rationale called the “market regulation” principle. According to the ruling, the Court held that the parties responsible for the outpost – the Israeli government, the World Zionist Organization, and the settlers – all acted in “good faith.”  Specifically, the Court held that the State acted in “good faith” even though it was negligent in its responsibility to protect the rights of Palestinians and correctly record/manage the status of land in the West Bank; and, that the settlers acted in “good faith,” even though they built the outpost without government authorization, without building permits, and without a master plan.

This is the first time an Israeli court has accepted the “market regulation” principle as a valid basis for legalizing outposts, setting a monumental new precedent according to which outposts that the government had previously been unable to legalize (because they were built on land recognized by Israel as privately owned by Palestinians) to petition for authorization. With this  judgment, the public got a first glimpse of the incredibly broad interpretation of “good faith” that the Jerusalem District Court (now the court of first jurisdiction for land disputes in the West Bank) is inclined to apply on behalf of law-breaking settlers.  

Peace Now released a statement saying:

“The court today chose to ‘align’ with the project of annexation and dispossession of the Israeli government led by the Netanyahu and the Jewish Home. It is absurd to attribute ‘good faith’ to the settlers of an illegal outpost whose homes were built illegally and without permits on private Palestinians land, because of a ‘mistake’ made by the authorities in allocating the land. The Israeli Authorities should protect the properties of the people under their control, and failing to do so cannot be used as an excuse to take the land from the Palestinian owners. Let us hope that the Supreme Court will erase this shame.”

Background on the Mitzpe Kramim Case

The outpost at the center of the case – Mitzpe Kramim – was built in 1999 without government authorization on land near the Kochav Hashachar settlement, located deep inside the West Bank, closer to the Jordan River than sovereign Israeli territory. In the 1970s, land in the area was taken by the State of Israel by military order; subsequently, the land on which the outpost was built was allocated to the World Zionist Organization (WZO),  apparently based on the (mistaken) assumption that the land in question was part of that military seizure. The WZO then gave the land to settlers, even issuing a certificate of ownership in their names. However, the land in question was not included in the military seizure of the 1970s, but was/is In fact recorded in the Land Registry as privately owned by Palestinians from the village of Deir Jarir. This fact should, under Israeli law, invalidate the government’s allocation of the land to the WZO, and the WZO’s grant of the land to the settlers.

In 2011, the registered Palestinian landowners filed a petition with the High Court of Justice to have the Mitzpe Kramim outpost removed from their land, only to see the settlers file their own petition in 2013 with the Jerusalem District Court (which froze the High Court’s consideration of the Palestinians’ petition), seeking to be registered as the rightful landowners. In their petition, the settlers – who are represented by Harel Arnon, the same lawyer hired to represent the Israeli government in its defense of the “Regulation Law” – argued that they are innocent victims of a mistake by the government, and as such should not be forced to bear the consequences of having built their homes on someone else’s land. Originally the Israeli government, admitting that the Civil Administration had made a mistake in mapping the area, argued that the settlers should be removed. In July 2018, the State completely reversed its stance, submitting a new argument to the Court citing the “market regulation” principle in defense of expropriating the land for the settlers.

In its ruling this week, the Jerusalem District Court gave legal validity to the newly invented “market regulation” basis for taking Palestinian land that had previously been impossible for the State to legally expropriate.

What’s Next?

Now that the Jerusalem District Court has ruled in favor of the settlers’ claim, the High Court of Justice is set to take up the original petition filed by the Palestinian landowners to have the outpost removed. Part of the High Court’s deliberations will now have to grapple with the new jurisprudence established by the Jerusalem District Court on the “market regulation” principle.

Regardless of whether or not the High Court allows the Jerusalem District Court’s ruling to stand, that ruling has already energized pro-settlement, pro-annexation Israeli policymakers and influencers, who (unsurprisingly) have lauded the ruling and urged more outpost legalization cases forward. The ruling also legitimizes the longstanding arrangement between Israel and the settlers: the government turns a blind eye to illegal settlement activity (including rebuffing efforts by settlement watchdogs to force it to take action, and when forced by the courts to take action, drags its feet to allow illegal activities to become more deeply entrenched), only to go to any lengths to authorize the illegal actions post-facto. This modus operandi allows Israel to circumvent the limitations of Israeli law, bureaucracy and international criticism, all of which would otherwise restrain (to some extent) unfettered settlement construction and land theft in the West Bank.

FMEP tracks the ongoing legislative, political, and legal transformations happening in the Israeli government to justify the expropriation of Palestinian land for the settlements in its Annexation Policy Tables. As a reminder, the “market regulation” principle was promoted by Israeli Attorney General Avichai Mandelblit, who offered it as an alternative to the legal basis provided in the “Regulation Law” to legalize unauthorized outposts and settlement construction.

Shaked & Regavim Take Credit for Precedent-Setting Outpost Legalization Victory

Celebrating the Jerusalem District Court’s ruling on the Mitzpe Kramim outpost case (covered above), Justice Minister Ayelet Shaked (Likud) said:

“The District Court today clearly stated that whoever settled [the land] with the state’s approval and in good faith, would not be evacuated. The injustice done in the evacuations of the Amona and Netiv Ha’avot [outposts] should not be repeated. The court should not be a party to the political debate between the Right and Left. That should be left to the ballot box. Through joint and intensive work, we have brought about a policy change in the state’s responses to the High Court of Justice. Now we are seeing a change in the district court.” [emphasis added]

Indeed, Justice Minister Shaked has led a years-long effort to re-make the judicial branch, injecting pro-settlement policies and figures into key positions within the Court system, with the explicit goal of protecting all Israeli settlements and outposts from any legal accountability for illegal actions. Part of that effort was her decision in 2015 to hire a private lawyer, Amir Fisher (who also represents the settler group Regavim), to essentially write the State’s responses to petitions before the High Court that deal with settlements.

As noted in the section above, the state of Israel reversed its own position vis a vis the future of Mitzpe Kramim in its 2018 submission to the Court, a reversal that happened after Fisher and Shaked were firmly in control of the State’s handling of outpost legalization cases. What’s more, Shaked installed a pro-settlement judge on the Jerusalem District Court (which issued the precedent-setting ruling this week), and then promoted legislation that strips the High Court of Justice of its primary jurisdiction over certain West Bank legal petitions (including Palestinian petitions relating to land disputes, travel permits, and building permits) and gave that jurisdiction to the Jerusalem District Court. Shaked is currently promoting another bill which would allowed the Knesset to reinstate any law struck down by the High Court of Justice. The Ministerial Committee on Legislation, of which Shaked and Education Minister Naftali Bennett are members, voted to give government backing to the bill in May 2018. The totality of Shaked’s efforts are documented, on an ongoing basis, in FMEP’s Annexation Policy Tables.

Shaked’s fellow travelers at Regavim released a statement following the Jerusalem District court ruling, emphasizing the far-reaching implications:

“This is a product of a long legal battle, run by the settlements and settling bodies. They asked to legalize outposts that were established by the State of Israel. This blessed decision is a historic one. We call upon the attorney general to apply the principles of this decision to all other outposts in Judea and Samaria that need regularization.”

The fruits of Shaked and Regavim’s work was applauded by many others in the government, including Education Minister Naftali Bennett (Jewish Home), who said the ruling was a:

“victory for decency and common sense, another step toward legalizing the settlements in Judea and Samaria and turning them into an integral part of the State of Israel.”

Culture Minister Miri Regev (Likud) said she was:

“happy that common sense and justice prevailed over cold formalism..[the ruling sends] a clear-cut message to the Palestinians and their collaborators from far-left organizations, that you don’t destroy and evacuate communities in the Land of Israel.”

Agriculture Minister Uri Ariel (Jewish Home) said:

“This is a blessed month of settlement, and after the decision of the Housing Cabinet to establish three new towns [in the Negev], comes the court’s decision regarding Mitzpeh Kramim. Such significant decisions strengthen and expand the settlement of the Land of Israel.”

Knesset speaker Yuli Edenstein (Likud) said:

“The determination and strong spirit of the people of Mitzpeh Kramim proved themselves. I welcome this just, requisite ruling from the District Court in Jerusalem. We will continue to strengthen settlement in Israel!”

Another New Outpost – Continuing the Trend of Unannounced, Unopposed, & Highly Consequential Settlement Expansion

Haaretz reports that settlers have built a strategic new outpost deep inside the West Bank near the settlement of Eli, in a bid to eventually annex privately owned Palestinian land that falls between Eli and pockets of “state land” in the area. The new outpost was built without Israeli permits on the outer edge of newly declared “state land,” some of which had been used as farmland by Palestinians. Haaretz notes a trend:

“Around the West Bank, settlers have been setting up farms near the outer edge of state-owned land, as in the case near Eli, in an effort to expand existing settlements. Even though they have been established without permission, no legal action has been taken against them.”

The Israeli Civil Administration – responsible for enforcing building laws in the occupied territory – told Haaretz that it is unaware of the new outpost. The Head of the Binyamin Regional Council (an Israeli municipal body responsible for settlements in the northern West Bank – recently proven to be bankrolling new outposts), Avi Roeh, denied that the Council was involved with the new outpost.

Map by WINEP

The new outpost is the fifth illegal satellite of the Eli settlement, stretching the band of Israeli settlements further and further east towards the Jordan Valley. Eli is located between the Ariel and Shilo settlements (both of which have seen tremendous growth and government support over the past two years – Ariel with its new medical school and Shilo with the promotion of the new Amichai settlement to its immediate east), in an area where settlers are working to connect settlements and outposts into a contiguous band of settlement stretching from sovereign Israeli territory all the way to the Jordan Valley.

As evidenced this week in the Israeli court system, the government – which consistently turns a blind eye to illegal outpost construction – is willing to go to great lengths to retroactively legalize outposts, even when the cost to Israeli taxpayers is enormous and even when doing so contradicts any notion of justice under the law.

Special U.S. Regulations Protect Israel’s Settlement Enterprise from Quality Aerial Documentation

Al-Shabaka published a new report this week detailing a little-known U.S. law that restricts companies from producing high quality satellite imagery of the West Bank. Al-Shabaka explains the significance of that limitation on U.S. companies like Google:

“Although the legislation was implemented under the pretense of protecting Israel’s national security, it is better characterized as an act of censorship. By deliberately blurring aerial images of Palestine-Israel, the [The Kyl-Bingaman Amendment (KBA) to the US National Defense Authorization Act] hinders the work of archaeologists, environmentalists, geographers, and humanitarians. It poses serious obstacles, not only for the preservation of cultural heritage, but also for holding Israel to account for land grabs, home demolitions, and settlement activity….While the legislation only applies to US companies, their hegemony in the commercial market for satellite imagery has elevated the legislation to de facto institutionalization on a global scale, affecting the access of researchers worldwide.”

The report can be accessed here.

Bonus Reads

  1. “The West Bank Model is a Failure” (The New York Times)
  2. “Israeli Taxpayers Bear Financial Burden of Evicting Illegal West Bank Outposts, And Sometimes, Making them Legal” (Haaretz)

 

***NOTE: This week the Israeli government unleashed a massive wave of approvals to advance plans for settlement construction — in excess of 2,000 units — in highly sensitive and strategically significant areas deep inside the West Bank and in East Jerusalem. More approvals/advancements are expected in the coming weeks. See below for detailed coverage of the individual plans, keeping in mind both the significance of each approval on its own, and as part of the overarching Israeli government agenda clearly intending to both prevent any possibility of a Palestinian state and to further the march toward formal annexation of the West Bank. Also keep in mind, importantly, that there has been zero public push back from the Trump Administration against this surge, which comes on the heels of Ambassador Friedman’s statement last week that Israel will never be required to remove any settlements.***

August 24, 2018

  1. Settlement Wave, Part 1: High Planning Council Advances Plans for 1,004 Settlement Units (96% Located Deep in the West Bank)
  2. Settlement Wave, Part 2: Housing Ministry Published Tenders for 420 Settlement Units
  3. Settlement Wave, Part 3: Jerusalem District Committee Advances Plans for 603 Settlement Units in East Jerusalem
  4. Settlement Wave, Part 4: More Settlement Construction Coming Soon
  5. U.S. Stands by Israeli “Intentions” on Settlements
  6. State Tells High Court: We Can Annex the West Bank – International Law Be Damned
  7. This Week in Ariel: Settlers Celebrate 40 Years, A Construction Boom, A Medical School, & An Evangelical “Leadership Camp”
  8. Amana (the Official Settler Movement) Moves Its HQ to Sheikh Jarrah
  9. Settlement Gains in East Jerusalem Result in Palestinians Self-Demolitioning Their Homes
  10. Bonus Reads

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


Settlement Wave, Part 1: High Planning Council Advances Plans for 1,004 Settlement Units (96% Located Deep in the West Bank)

On August 22nd, the Israeli Defense Ministry’s High Planning Council (the body in the Israeli Defense Ministry responsible for regulating all construction in the West Bank) advanced plans for 1,004 new settlement units, 96% of which are located deep inside of the West Bank. Of the total, 620 units were approved for deposit for public review and 382 units were given final approval for construction.

As reported by Israeli settlement watchdog Peace Now, the plans approved for deposit for public review (totalling 620 units) are:

  • 370 units in the Adam settlement (aka Geva Benyamin). This project was urged on by Defense Minister Liberman following a stabbing attack in the settlement, which resulted in one death and injuries to three others. The 370 units are part of a larger plan for 1,000+ units that will, if built, connect the Adam settlement to two large settlements in East Jerusalem (Neve Ya’akov and Pisgat Ze’ev) that are on the Israeli side of the separation barrier (the route of the barrier juts far beyond the 1967 Green Line to include Pisgat Ze’ev and Neve Ya’akov on the Israeli side while the Adam settlement is on the West Bank side). If the larger plan is implemented, the Adam settlement will have built up areas on both sides of the separation barrier, which could (in all likelihood) present Israel an opportunity to re-route the barrier around Adam — which would de facto annex even more West Bank land to Israel and further choke off Palestinian East Jerusalem from the West Bank to its north. [Note: FMEP’s Lara Friedman and Peace Now’s Hagit Ofran published an op-ed in Haaretz in 2008 warning of this plan – you can read that background here].
  • 85 units in Karnei Shomron settlement. Israel has repeatedly confiscated as “state land” located between Karnei Shomron and the Palestinian village of Qalqilya (which is literally surrounded on three sides by the separation barrier). In November 2017, Israel began clearing landmines from that “state land” in order to prepare for settlement construction. At the time, Deputy Defense Minister Eli Ben-Dahan said that the new construction in the Karnei Shomron area will bring “a million Jews [to] live in Judea and Samaria in the future.”
  • 84 units in the Kiryat Netafim settlement, located about half way between the Ariel settlement and the cluster of settlements close to the 1967 Green Line that are slated to be united into a “super settlement” area (Oranit, Elkana, Shiva Tikva, and others). The expansion of Kiryat Netafim will go towards creating a contiguous corridor of Israeli settlements stretching from sovereign Israeli territory, though the super settlement, to Ariel. As FMEP has repeatedly said, the Ariel settlement is located in the heart of the northern West Bank, reaching literally to the midpoint between the Green Line and the Jordan border. The future of Ariel has long been one of the greatest challenges to any possible peace agreement, since any plan to attach Ariel to Israel (with a finger of land running through settlements like Kiryat Netafim) will cut the northern West Bank into pieces.
  • 52 units in the Beit El settlement. This is the second major approval for new units in Beit El in 2018, with a third plan for 300 more units coming soon, according to Israel Hayom. The construction boom is being hailed by the settler-aligned Arutz Sheva outlet, which wrote that the plans will increase the size of Beit El by 65%. If any of the units are constructed it will be first new, government-sanctioned construction in Beit El in over 10 years. U.S. Ambassador to Israel David Friedman is closely associated with the Beit El settlement, having donated to and fundraised for it prior to his appointment as ambassador (including in his capacity as the President of the American Friends of Beit El, reportedly from 2011 until he became ambassador).
  • 29 units in the Otinel settlement, located south of Hebron. MK Yehuda Glick (Likud) lives in Otinel.

Plans that gained final approval, meaning no additional formal approvals are required to move ahead with construction (totalling 382 units) are:

  • 168 units in the Tzofim settlement, located on the Israeli side of the separation barrier, but jutting towards the Karnei Shomron settlement, which also received advancements this week. See the section on Karnei Shomron, above, for context and news regarding this area of settlements.
  • 108 units in the Nofim settlement, located on the Israeli side of the separation barrier but jutting towards the Karnei Shomron settlement, which also received advancements this week. See the section on Karnei Shomron, above, for context and news regarding this area of settlements.
  • 56 units in the Barkan settlement, located near the Kiryat Netafim settlement. Both Barkan and Netafim are 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). See the section on Kiryat Netafim, above. for context and news regarding this area of settlements.
  • 44 units in Ma’ale Adumim, the mega settlement just east of Jerusalem.
  • 6 units in the Avnei Hefetz settlement, located southeast of the Palestinian city of Tulkarem.

Notably, Netanyahu intervened to remove two items from the High Planning Council’s agenda, both of which would have led to the retroactive legalization of illegal outposts. Those plans are:

  1. A plan to retroactively legalize the Ibei Hanahel outpost, which is a non-contiguous “neighborhood” of the Ma’ale Amos settlement, located deep in the southern West Bank. The plan would have allowed the outpost to be demolished and then rebuilt legally with residential units, transforming the outpost into a new, fully authorized settlement.
  2. A plan to build an education center in the Nofei Prat South outpost, which is a non-contiguous“neighborhood” of the Kfar Adumim settlement, located northeast of Jerusalem. The land on which the project would be built is located just 1.5 km away from the Khan Al-Ahmar Bedouin community – the same one that the Israeli government plans to forcibly evacuate in order to cleanse the area of Palestinians and expand settlements. The outpost was established by the Haroeh Ha’ivri (“the Hebrew Shepherd”) nonprofit association, which is funded by the Israeli Education Ministry.

In response to Netanyahu’s directive to remove these two items from the agenda, the heads of the Knesset’s “Land of Israel Lobby,” Bezalel Smotrich (Jewish Home) and Yoav Kisch (Likud), said that the Prime Minister should “ act with greater rigor to promote settlement, rather than doing the opposite.”

Settler leaders were also unsatisfied with the High Planning Council’s overall numbers. Yossi Dagan, head of the Samaria Regional Council (a municipal body for settlements in the northern West Bank), said:

“We are happy about every new house in Samaria, but we have to tell the truth. Hundreds of housing units are not enough for an area that constitutes 12% of the State of Israel…We expect the government to step in the gas, stop worrying about what they will say overseas, and develop this beautiful region.”

Settlement Wave, Part 2: Housing Ministry Published Tenders for 420 Settlement Units

On August 23rd, one day after the Defense Ministry’s High Planning Council advanced a huge tranche of settlement plans (detailed above), the Israeli Housing Ministry published tenders for a total of 425 settlement units (under plans previously approved by the High Planning Council).

Those tenders include:

  • 211 units in the Ma’ale Efraim settlement, located in the Jordan Valley.
  • 54 units in the Givat Ze’ev settlement, located north of Jerusalem.
  • 52 units in the Beit Aryeh settlement, which comes in addition to the the publication of tenders for 511 units in the settlement last week.
  • 42 units in the Ariel settlement. See reporting below for extensive coverage of the many reasons settlers in Ariel are celebrating this week.

Settlement Wave, Part 3: Jerusalem District Committee Advances Plans for 603 Settlement Units in East Jerusalem

In addition to the tranche of settlement plans advanced by the Defense Ministry’s High Planning Council and the tenders published by the Housing Ministry (detailed above), the Jerusalem District Committee deposited for public review (one of the final steps before approval) plans for a total of 608 new settlement units in East Jerusalem, with 345 units slated for the Gilo settlement and 263 units in the Ramot settlement. 

On the plan for the Gilo settlement, Ir Amim explains:

“The Gilo plan is being promoted in tandem with development of the new Green Line branch of the Light Rail (construction of which was launched in May), which will be built adjacent to the settlement expansion. This sequencing of events once again exemplifies a pattern of the state investing billions of shekels in transportation infrastructures to allow for extensive construction beyond the Green Line.”

As Ir Amim notes, this week’s advancements come on the heels of Israel’s August 15th decision to publish tenders for 603 units in Ramat Shlomo, and its June 2018 advancement of plans for 1,064 settlement units in the Pisgat Ze’ev settlement — bringing Israel’s two-month total of settlement advancements in East Jerusalem to 2,275 units.

As a reminder, approvals/advancement of settlement plans is not the only ongoing threat to Palestinians in East Jerusalem. Settlers and settler-run organizations continue their campaign to take over sensitive areas in East Jerusalem neighborhoods neighborhood – like Silwan and Sheikh Jarrah – and to create more settler run tourist sites – like the Jerusalem cable car, the Kedem Center, the Abu-Tor footbridge, the Yemenite “heritage center,” and more – to erase the visibility of Palestinians in Jerusalem. Meanwhile, pending legislation in the Knesset seeks to gerrymander the borders of Jerusalem to create a Jewish majority by annexing settlements and cutting out Palestinian neighborhoods from the borders of the city. Sounding the alarm on all of these trends, Ir Amim writes:

“It is vital that the traditional calculus of settlement building be readjusted to a) treat these coordinated efforts to consolidate control of the Old City and surrounding Palestinian neighborhoods with the same urgency afforded to settlement building throughout the whole of East Jerusalem; b) ensure a holistic response that regards private settlement inside the Old City Basin and touristic settlement not as individual phenomena but as multiple elements of a unified and politically lethal strategy.”

Settlement Wave, Part 4: More Settlement Construction Coming Soon

In addition to the plans for 1,004 units that were advanced this week by the High Planning Council, the 425 tenders published by the Housing Ministry, and the 608 units advanced in East Jerusalem (all detailed above), this week saw reports that additional plans are expected to advance soon. Those are:

  1. Ir Amim reports that on September 2nd, the Jerusalem District Committee is expected to discuss a plan to build a six-story building in Sheikh Jarrah, a neighborhood in which at least 75 families face eviction by radical settlers, with the backing of the Israeli government and courts. For detailed reporting on the building, plans for which were deposited for public review in May 2018, see FMEP reporting here.
  2. Peace Now reports that tenders are expected to be issued (having already been marketed) for more units in the Adam (Geva Binyamin) settlement. If true, this will be another step towards uniting Adam to the East Jerusalem settlements – the details of which are covered above.
  3. Peace Now also notes that a plan for 300 units in Beit El is expected to be advanced. This comes in addition to the 52 tenders issued for Beit El this week.
  4. The Times of Israel reports that plans for hundreds of additional settlement units will soon be marketed for construction by the Defense Ministry. These plans received final approval before this week’s High Planning Council meeting. A Civil Administration official hinted that the plans will be marketed for the Alfei Menashe and Ma’ale Efraim settlements. [NOTE: This reporting was before the subsequent publication of tenders for 211 units in Ma’ale Efraim, covered above.]

U.S. Stands By Israeli “Intentions” on Settlements

Image by Peace Now

When asked for comment on the various major settlement announcements, the U.S. State Department said that the Trump Administration believes the Israeli government has clearly demonstrated an intent to “adopt a policy regarding settlement activity that takes the president’s concerns into consideration” – a statement that suggests unequivocally that the Trump Administration has given a green light for massive settlement expansion across the length and breadth of the West Bank and East Jerusalem.

Notably, on the same day that the bulk of the settlement announcements were made, President Trump’s National Security Advisor, Ambassador John Bolton, was on the ground in Jerusalem. Not only did he offer no comment or criticism of the settlement announcements, he very publicly joined Israeli politicians and settlers leaders for dinner in East Jerusalem, dining in the “City of David National Park,” the archeological/touristic/residential site in the Palestinian neighborhood of Silwan that is run by the radical Elad settler organization. As FMEP has repeatedly covered, the Elad settler organization is spearheading a government-aided campaign to evict Palestinians from their homes in Silwan, replace them with Jewish Israeli settlers, and transform the neighborhood into a Biblical tourist site emphasizing exclusively the area’s Jewish history.

The head of the Peace Now Settlement Watch program, Shabtay Bendet, told Al-Monitor:

“The situation on the ground is changing rapidly…Restraints on construction in the settlements have been lifted. The Americans don’t care…”

State Tells High Court: We Can Annex the West Bank, International Law Be Damned

On August 7th, the state’s private attorney Harel Arnon submitted a second brief [Hebrew] to the High Court of Justice in defense of the settlement “Regulation Law.” In it he argues that the Knesset is not bound by international law and has the right to apply its own laws outside of its borders and annex land, if it wishes.

Arnon argues:

“The mere application of a certain Israeli norm [law] to an anonymous place outside the state does not necessarily make that anonymous place part of Israel. The Knesset is not restricted from legislating extra-territorially anywhere in the world, including in the region, the Knesset can legislate in Judea and Samaria.”

The brief also argues:

“The Knesset is permitted to impose the powers of the military commander of the West Bank region as it sees fit. The Knesset is permitted to define the authorities of the military commander as it sees fit. The authority of the government of Israel to annex any territory or to enter into international conventions derives from its authority as determined by the Knesset…[and] the Knesset is allowed to ignore the directives of international law in any field it desires.”

Lawyers representing Adalah responded:

“the Israeli government’s extremist response has no parallel anywhere in the world. It stands in gross violation of international law and of the United Nations Charter which obligates member states to refrain from threatening or using force against the territorial integrity of other states – including occupied territories. The Israeli government’s extremist position is, in fact, a declaration of its intention to proceed with its annexation of the West Bank.”

Harel was ordered to submit a second defense of the bill in response to a petition filed by Adalah and Al-Mezan on behalf of seventeen local Palestinian authorities. The petition argues that the Regulation Law violates international law and that the Knesset cannot enact laws over the West Bank where the majority of the population is Palestinians (who are not Israeli citizens and cannot vote).

The High Court of Justice is widely expected to strike down the “Regulation Law,” but has yet to make a ruling. Just last week, Arnon made the case that the recently passed Nation-State Law, which makes “Jewish settlement,” a “constitutional value,” can help him defend the settlement law before the High Court.  

For ongoing tracking of the Regulation Law and other annexation trends in Israel, see FMEP’s Annexation Policy Tables.

This Week in Ariel: Settlers Celebrate 40 Years, A Construction Boom, A Medical School, & An Evangelical “Leadership Camp”

Haaretz published a lengthy report this week on the history of the the Ariel settlement – which is celebrating its 40th anniversary this month – and the dramatic spike in construction in the settlement in 2018. Even before tenders were issued for 42 new units this week (see above), plans for 839 units had already been approved during the first eight months of 2018, compared to tenders for fewer than 5 units each of the past three years. One of the original settlers of Ariel said:

“During the Obama years, everything here was frozen. But thanks to Donald Trump, we’re starting to see the light at the end of the tunnel.” 

Not only has Ariel seen a massive surge in construction advancements this year, but the settlement broke ground on a new medical school heavily financed by U.S. casino magnate, and Trump backer, Sheldon Adelson (who this week gave $25 million to the GOP to help it keep the Senate, and in May gave the GOP $30 million to help it keep the House). Many settler leaders and Israeli officials, as well as Adelson and his wife Miriam, were in Ariel this weekend to attend a dedication ceremony for the medical school, despite ongoing controversy around its accreditation under domestic Israeli law. Prime Minister Netanyahu was notably absent from (and reportedly was not invited to) the ceremony, fueling rumors regarding the growing disaffection between him and Adelson.

According to another recent report in Haaretz, Ariel university is illegally dumping construction debris on land that Israel acknowledges is not “state land.” The dump site is outside of the so-called “Blue Line” which the Israeli government uses to demarcate the land that it considers “state land.” Since the dump site is not within the Blue Line, it is likely on land that even the government of Israel recognizes as being privately owned by Palestinians. Anti-settlement watchdog and founder of Kerem Navot, Dror Etkes, commented:

“It’s not surprising that Ariel University, which is the only university in the world built and existing by military order, has adopted the standards accepted in the West Bank involving the takeover of private Palestinian land.”

According to a third Haaretz report, the Israeli Education Ministry has signed a contract to sponsor 3,000-4,000 Israeli high school students of Ethiopian descent to take part in a leadership training program located in Ariel.  The program, called “JH Israel,” was founded by American evangelical mega-church pastors Bruce and Heather Johnston, the latter of whom also runs the U.S. Israel Education Association, a pro-Israel, pro-settlement, non-profit group which works with the Family Research Council to lead Congressional delegations to Israel. The JH Israel website says its mission is to help Jewish Israeli students who are “disconnected from the roots of their faith” to establish “a deeper connection to God by embracing their biblical and cultural heritage.” The website also says that Ariel is “at the forefront of biblical prophecy unfolding in modern Israel.”

As FMEP has repeatedly documented, Ariel 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 connect Ariel to Israel will cut the northern West Bank into pieces.

Peace Now Settlement Watch Director Shabtay Bendet spoke to Haaretz about the future of the Ariel settlement and the (other) significant repercussions of opening the new medical school. Bendet said:

“Most places in Israel don’t get recognized as cities unless they have 20,000 to 30,000 residents. Ariel became a city when it had just 11,000 residents. Why was this so significant? Because maybe you can uproot a settlement, but you don’t uproot a city. The same holds true for the university. Why was it so important for him to get it accredited? Because when a place has a university, that means it’s established — no pulling it out of the ground….By creating a buffer between the northern and southern parts of the West Bank it makes any future Palestinian state unviable. But besides that, it is also causing damage in the present because its continued expansion impinges on the ability of the surrounding Palestinian villages to develop and grow.”

Amana (the Official Settler Movement) Moves Its HQ to Sheikh Jarrah

The Ynet news outlet reports that the Amana settler organization – the official body of the settlement movement, operating since the 1970s – has moved into its new headquarters in the heart of the Sheikh Jarrah neighborhood of East Jerusalem, where settlers are continuing to wage a displacement campaign against Palestinian residents. Though Amana has owned the plot of land since 1992, various legal challenges and incredibly sensitive geopolitical considerations have slowed construction of the building, called the “Amana House” (see a detailed history here).

Regarding the strategic implications of the location, Ynet reports:

“Amana says the new headquarters will help bolster the territorial contiguity of Jewish settlements in east Jerusalem.”

Agriculture and Rural Development Minister Uri Ariel (Bayit Yehudi) who previously served as the CEO of Amana, commented that the organization’s relocation:

“constitutes a significant reinforcement to the (Jewish) settlement in east Jerusalem and the bolstering of the Jewish territorial contiguity in the area.”

Several settlement plans are currently proceeding in Sheikh Jarrah, underscoring the strategic location and goals of settler activity in Sheikh Jarrah. As covered previously in this report, Israel is expected to advance a plan for a 6-story office building for settlers, located at the entrance to the neighborhood. Across the street from that building, a highly consequential plan for a new religious school (the Glassman yeshiva) was approved for deposit for public review in July 2017. The goal is clear: to unite the enclaves of settlers living inside of the Palestinian neighborhood by creating a contiguous area of settlement that connects to West Jerusalem, thereby cementing an immovable Jewish Israeli presence in a key Palestinian neighborhood – closing off the possibility of evacuation under a future peace deal.

Settlement Gains in East Jerusalem Result in Palestinians Self-Demolishing Their Homes

OCHA reports that two Palestinian homes in the East Jerusalem neighborhood of Beit Hanina were self-demolished after the Israeli Supreme Court ruled in favor of settlers’ ownership claims.  OCHA writes:

“In recent decades, Israeli settler organizations, with the support of the Israeli authorities, have taken control of properties within Palestinian neighbourhoods in East Jerusalem, and some 180 Palestinian families are currently facing eviction cases, filed mainly by settler organizations.”

Bonus Reads

  1. “How Israeli Right-wing Thinkers Envision the Annexation of the West Bank” (Haaretz)
  2. “Let’s Admit It: The Settlers Have Won and We Have Lost” (Haaretz)

 

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

To receive this report via email, please click here.

August 9, 2018

  1. Israel Plans to Use “Nation-State Law” to Defend Settlement “Regulation Law”
  2. Israel Moves to Approve a New Settlement…By Expanding An Existing One (An Old Trick)
  3. Israeli Govt is Funding a Settler School Squatting in a Palestinian Home
  4. Transferring Israeli Trash to the West Bank
  5. Settler Regional Council Funds Activities Aimed at Undermining Israeli Law
  6. Bonus Read

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


Israel Plans to Use “Nation-State Law” to Defend Settlement “Regulation Law”

The Israel State’s private attorney tasked with defending the settlement “Regulation Law,” Harel Arnon,  told reporters that the recent passage of the Nation-State law (declaring Israel the nation-state of the Jewish people alone) will strengthen his efforts to keeping the Regulation Law on the books (an effort which is widely expected to fail). The settlement “Regulation Law” was passed by the Knesset in February 2017, as a means to allow Israel to expropriate privately owned Palestinian land for the exclusive use/benefit of settlers. The High Court of Justice is currently weighing petitions against the settlement “Regulation Law,” which has been frozen since August 2017.

Arnon said:

“The nation-state law certainly impacts the Regulation Law. There is no question. If until now, the argument in defense of the Regulation Law was that it seeks to balance the individual rights of Israeli residents (in the West Bank) with those of  the Arab residents… what the nation-state law does is raise the status of Jewish settlement to one of constitutional value.”

The Nation-State law was passed by the Knesset on July 19th, and has since sparked condemnation and protest for the way it demotes the standing of minority communities in Israel. The law says “the state views the development of Jewish settlement as a national value and will act to encourage and promote its establishment and consolidation.” Nothing in the text suggests a distinction between “Jewish settlement” within Israel’s sovereign borders, and settlement in the occupied territories.

Yossi Alpher – former senior Mossad official and IDF intelligence officer) predicted as much in his weekly explainer for Americans for Peace Now. Deconstructing recent quotes by Prime Minister Netanyahu (“Without the Nation State law it would be impossible to ensure Israel’s future as a Jewish state for the coming generations”) and Tourism Minister Yariv Levin (“The hysterics of the political left prove that this is an excellent law. Once the composition of the [High Court] judges is changed, we can get what we wanted”), Alpher deduced:

“…the ultra-nationalist right, currently Israel’s political mainstream, intends to continue absorbing the land of the West Bank into Israel. Simultaneously it seeks, in one form or another, to disenfranchise more than three million Palestinians living there lest they become Israeli citizens and tilt the demographic balance away from ‘Jewish’ and (with a combined population including 45 percent Arabs but still excluding Gaza) toward ‘bi-national’. A Jewish nation state in which only Jews determine the country’s constitutional nature is the perfect ‘legal’ legislative vehicle for taking the necessary apartheid-like measures to make this happen.”

Israel Moves to Approve a New Settlement…By Expanding An Existing One (An Old Trick)

On August 8th, the Israeli Civil Administration announced that it is planning to retroactively legalize the Adei Ad outpost by massively expanding the borders of the (brand new) Amichai settlement to turn Adei Ad into a (non-contiguous) neighborhood of Amichai. In effect, this is a stealth operation by Israel to turn the Adei Ad outpost into an entirely new official, legal settlement.

Map by Haaretz

The massive expansion of the Amichai settlement and the transformation of Adei Ad into a brand new settlement, if implemented, will be a significant step towards creating an uninterrupted corridor of settlements connecting sovereign Israel to the Ariel settlement, through the isolated Shiloh Valley settlements, all the way to the Jordan Valley. In so doing, It will completely bisect the northern part of the West Bank.

The plan takes into account a Civil Administration “Blue Line” survey in 2017, which found that the strip of land between the Amichai settlement and the Adei Ad outpost is privately owned Palestinian land. It seems that the Civil Administration is opting (for now) not to use its newly endowed tools for expropriating privately owned land for the use of settlements, and is instead moving forward with a plan that will effectively leave Adei Ad – ostensibly now a neighborhood of Amichai – physically disconnected from its new parent settlement. The strip of Palestinian land in between the two will almost certainly become inaccessible to its Palestinian owners, as is much of the Palestinian land near Adei Ad, a notoriously radical and violent outpost. It is highly likely that at a later date the land will be expropriated.

The Civil Administration unveiled the new plan in a letter addressed to Israeli NGO Yesh Din, in response to a 2014 petition against the Adei Ad outpost filed by the group on behalf of Palestinian landowners. The Civil Administration’s letter claimed the 2017 “Blue Line” land survey determined that Adei Ad is built on “state land” and is therefore eligible for retroactive legalization (despite having been built there entirely illegally). Yesh Din and its clients have formally appealed the findings of that survey, contending that Adei Ad is partially on private land.

After the Amichai borders are expanded to give cover for the legalization of Adei Ad, the Israeli Civil Administration is set to transfer administrative responsibilities over the expanded settlement (including the Adei Ad “neighborhood”) to the Binyamin Regional Council – the municipal body responsible for administering services and enforcing building laws in settlements within its jurisdiction (though it rarely moves to enforce laws against the illegal settler construction). As Haaretz notes:

“Except in the rarest cases, the council does not enforce the law against illegal construction in its jurisdiction…As a result of the transfer of administrative powers to municipal authorities at Amichai, the settlers will be able to build new structures illegally without effective enforcement.”

Yesh Din’s attorney, Shlomi Zecharia, told Haaretz:

“The inhabitants of the villages near the outpost have become hostages to the policy that abundantly rewards prizes and gifts to ideological criminals. Cutting off farmlands by means of a false [expansion of] jurisdiction is extreme, disproportionate and needless, and in fact is intended to perpetuate restrictions on and infringement of Palestinian property, this time under the official auspices of the government.”

Map by Peace Now

Additionally worth noting, the Amichai expansion/Adei Ad legalization plan will represent yet another reward to settler law-breakers who evacuated from the unauthorized Amona outpost. Previously, the pay-off to settlers included the approval and construction of the Amichai settlement, which was the first new settlement to be built with government authorization in 25 years. It included, too, the approval of Shvut Rachel East, an outpost which – just like Adei Ad – became a non-contiguous “neighborhood” of an existing settlement (Shilo). The Amona pay-off package can now count a third settlement, Adei Ad. As FMEP documented at the time, the Trump Administration reportedly accepted the Amichai plan as an exception to its settlement policy which, at that time, was described in the media as President Trump asking Netanayahu “hold back on settlements for a little bit.”

Yesh Din comments on the Adei Ad scheme:

“Viewed in a broader context, this retroactive authorization is a major step towards fulfillment of Israel’s plan to annex Area C: retroactively authorizing unauthorized outposts at any price so as to ‘normalize’ them and render them permanent settlements; and creating continuous settler presence across the West Bank, from west to east, in order to facilitate the annexation, while dispossessing Palestinians of land that is their source of livelihood and in blatant disregard of international law and of the rights of Palestinian residents.”

Israeli Govt is Funding a Settler School Squatting in a Palestinian Home

The Times of Israel has a detailed report on a government-funded religious school that for years has been operating illegally in a privately owned Palestinian home near the Ofra settlement, in the center of the West Bank.  The Mishpatei Eretz Institute, which is operating the school, receives around USD $55,000 annually from the Israeli Culture Ministry, and has received a total of USD $214,039 from government bodies over the past three years alone.

Map by Google, markers by The Times of Israel

In the mid 1990s the home was physically cut off from the Palestinian village to which it belongs when Israel paved Route 60, the major north-south highway in the West Bank. In 2003, Israeli settlers broke into the home while its owners, the Shehadeh family, were on a day trip to Ramallah. After invading the home, settlers produced forged documents claiming that the Al-Watan settler organization purchased the building, and then spent years trying to prove that the purchase was legitimate in order to have the building registered with the Civil Administration. The Shehadeh family also spent years trying to force the IDF to evict the squatters, but nothing was ever done. In the meantime, Al-Watan donated the building – even without having legally established ownership of it – to the Mishpatei Eretz Institute, which then began operating a religious school in the building with government funding.

In 2013, the Jerusalem District Court ruled against Al-Watan’s claim to the building (slamming the organization and its officers for engaging in rampant fraudulent activity), deciding that the documents had been forged and recognizing the original Palestinian owners’ rights. Ten days after the ruling,  the IDF Central Command issued a military order seizing the plot of land the home sits on, claiming “security purposes.” The IDF also built a fence around the area. The military order seizing the land will remain in force until 2019.

When contacted about the story, the IDF acknowledged the 2013 Court ruling but did not offer an explanation for any of its actions dating to either before or after the court ruling. A lawyer representing the Palestinian owners told The Times of Israel that the family will soon petition the High Court of Justice to have the settlers, and their school, evicted.

The anti-settlement watchdog Kerem Navot told reporters:

“We see here another example that reveals the corrupt system that Israel maintains in the West Bank. Rather than enforce the law, and evict and punish the settlers who invaded the property, the IDF issued a corrupt military order based on security needs that de facto enables them to stay there. On top of that, we now discover that the government is generously funding criminal bodies like the Mishpatei Eretz Institute.

Transferring Israeli Trash to the West Bank

Haaretz reports that the Israeli government is close to finalizing a new plan to transfer waste from Jerusalem to the West Bank. Under the scheme, Israel will build a waste treatment facility east of the Ma’ale Adumim settlement to handle waste from Jerusalem. The facility will recycle or burn as much of the waste as possible, and then transfer the resulting ash and any remaining waste back into Israel.

Since the West Bank is under a military occupation, environmental regulation standards are considerably lower than in sovereign Israeli territory, making the West Bank an ideal spot for Israel to dump/treat its waste on the cheap, a practice extensively documented in a 2017 report by B’Tselem. The report asserts:

“Waste treatment in the West Bank is simply one more facet of the exploitative policy Israel has practiced consistently for fifty years now, using Palestinian space and people to further its own interests. As part of this policy, Israel treats the West Bank – and particularly Area C, where it retained full control under the Oslo Accords – as an area meant to serve its needs exclusively, as if it were its sovereign territory.”

Echoing the B’Tselem report, MK Mossi Raz (Meretz) notes that the plan, though sold as an environmentally friendly solution, is part of Israel’s de facto annexation of the West Bank, saying:

“Although at first glance it looks as though the ministry wants to protect the environment, the government plans clearly demonstrate that the goal is to prepare the ground for annexation. The building of infrastructure in the occupied territories by the state, without cooperation from the PA, deepends Israeli control in the territories, and thereby in effect is bringing us even closer to the day when the Israeli government will annex the territories.”

The Israeli Defense Ministry is slowing down the implementation of the plan, which has broad support across other government ministries, for technical reasons — mainly having to do with a dispute about how the facility will be staffed.

Settler Regional Council Funds Activities Aimed at Undermining Israeli Law

In 2017 the Gush Etzion Regional Council contributed hundreds of thousands of shekels to illegal settlement and outpost construction in its jurisdiction, and heavily invested in projects connected to defending the unauthorized Netiv Ha’avot outpost against demolition. Data obtained by the Movement for Freedom of Information and analyzed by Peace Now show that the Gush Etzion Regional Council, which is supposed to be enforcing Israeli laws in areas under its jurisdiction, instead invested hundreds of thousands of shekels trying to help the illegal Netiv Ha’avot outpost skirt the law. The Council’s 2017 projects connected to Netiv Ha’avot included:

  • The construction of a new, unauthorized observation tower (a memorial site) in the outpost. Construction of the tower moved forward after the High Court of Justice ruled that 17 buildings in Netiv Ha’avot were built partially on Palestinian land and must be demolished.
  • A public campaign to save buildings in the Netiv Ha’avot outpost from demolition, including a payment to the radical Regavim settler organization in connection to the campaign (which is working to selectively enforce building laws against Palestinians in the West Bank). By the end of 2017, the council spent NIS 164,688 on the campaign – which, as Peace Now notes, became an even more active effort in 2018.
  • Building a new (at that point unauthorized) outpost for those settlers facing evacuation from buildings in the Netiv Ha’avot outpost. The Council was able to recoup some of those expenses when the government later approved an NIS 60 million package to provide compensation for the settlers who were evacuated as well as funds for the Council.

In addition to the Netiv Ha’avot outpost expenditures, and other unauthorized settlement projects, the Gush Etzion Regional Council spent NIS 1,755 on an ATV tour for MK Yehuda Glick to conduct a “survey on the application of sovereignty over (i.e., annexation of) Gush Etzion.”

Peace Now says:

“It is time for official authorities that are obligated to act according to the law to stop funding illegal activities, attacking the High Court and evading enforcement of the law, especially when using public funds. The Interior Ministry must put an end to this sinister exploitation of the public coffers, and must get our taxpayers’ money back.”

Bonus Read

  1. Fact and Fiction About the Amendment of the Israeli Supreme Court’s Jurisdiction Over West Bank Cases” (Lawfare Blog)

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

To receive this report via email, please click here.

July 12, 2018

  1. Continuing New Legal Strategy, Israel Argues “Market Regulation” Principle In Bid to Legalize Outpost
  2. Cabinet to Consider New Bill to Legalize 70 Outposts
  3. Cabinet to Consider Three Bills that Advance Annexation of Area C Settlements
  4. New Proof that the Israeli Government is Driving Unauthorized Settlement Activity
  5. High Court Freezes Plan for Settlement Committee in Hebron; IDF Seizes Private Land Near Kiryat Arba
  6. High Court Allows the Israel Land Authority to Remain Under the Influence of the Jewish National Fund
  7. New Bill Would Allow Settlers to Build on National Park Grounds in East Jerusalem
  8. Civil Administration Strike Will Delay Settlement Construction
  9. Amichai Settlement’s Makeshift Sewage Pit is Contaminating Nearby Palestinian Fields
  10. Israeli President Cautions Against Shaked’s Bill to Politicize Key Legal Appointments
  11. United Nations Envoy: Israel is Moving Towards Formal Annexation
  12. Bonus Reads

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


Continuing New Legal Strategy, Israel Argues “Market Regulation” Principle In Bid to Legalize Outpost

On July 3rd the Israeli State Prosecutor’s Office told the Jerusalem District Court that it has the right to retroactively legalize the Mitzpe Kramim outpost based on the “market regulation” principle. This is the recently-invented legal principle according to which the government can seize privately owned Palestinian land to give to settlers if settlers can demonstrate (to the satisfaction of an Israeli government that is doing everything possible to help them) that they built on the land “in good faith,” based on government assurances, and if the rightful landowners are offered compensation. This is just the second time the government has used the “market regulation” principle to defend the seizure of privately owned Palestinian land in court, the first being in November 2017 when the State informed the High Court of Justice that it intended to expropriate private land near the Ofra settlement. Neither court ruled on either case. 

Map by Haaretz

The government’s deployment of the “market regulation” principle in the Mitzpe Kramim case completely reverses the position the government has taken for the last 7 years on this specific outpost case. Since 2011, the Israeli government admitted that the land was privately owned, that it had been mistakenly given to the World Zionist Organization in the 1980s (the Mitzpe Kramim outpost was built without Israeli authorization in 1999), and that the situation should be corrected. In its argument on July 3, 2018, the government is expressing its newfound power to seize the land, asserting that the settlers built there “in good faith” and should not be punished for the government’s mistake, under the powers of the “market regulation.”

Peace Now said:

“The state’s announcement to the District Court is a new low in the moral and political deterioration led by the Netanyahu government. As the body that has assumed responsibility for the Occupied Territories for the last 51 years, the state should have protected the property rights of Palestinians, who have no civil rights nor the ability to defend their own land. The fact that the state failed to protect their land cannot be an excuse to steal the land and grant it to the settlers.”

As Peace Now also notes, in order to satisfy the 1967 Government Property Order (which is the law underlying the “market regulation” principle) all of the land owners must be invited to participate in the court case. However, the settlers who filed the petition regarding Mitzpe Kramim failed to include all of the registered land owners, meaning there is a long course of legal action ahead before the case. Should the Court decide the case in the settlers’ favor, it would set a potentially far-reaching precedent for implementing and upholding the “market regulation” principle.

Israeli Attorney General Avichai Mandelblit originally argued for the “market regulation” principle in late 2016 as an alternative legal basis to the Regulation Law, which he believes to be “a sweeping and injurious arrangement that does not meet the test of proportionality.” That law,  passed by the Knesset in February 2017, is now in serious legal jeopardy. While the Israeli government continues to staunchly defend the broader legal basis for expropriating privately owned Palestinian land established under the “Regulation law,” its increased use of the “market regulation” principle makes clear that come what may, the Israeli government has the intention to do whatever it takes to “legally” seize Palestinian private land in order to legalize outposts (offering a stark illustration of the difference between “rule of law” and “rule by law.”)

For extensive reporting on and analysis of the “market regulation” principle and the “Regulation Law,” see FMEP’s tables documenting Israeli annexation policies.

Cabinet to Consider New Bill to Legalize 70 Outposts

MKs Bezalel Smotrich (Habayit Hayehudi) and Yoav Kisch (Likud) have submitted a bill for consideration by the Israeli Cabinet that seeks to retroactively legalize 70 unauthorized outposts across the West Bank. The Ministerial Committee for Legislation (a group of Cabinet members that decides whether or not to lend government backing to Knesset legislation before it is introduced) could vote on the July 15th, during its last weekly meeting before the Knesset recesses for its summer break. According to a Defense Ministry spokesperson, 50 of the 70 outposts can become part of existing official settlements — meaning that if passed into law, the bill would (a) significantly expand the borders/footprint of some 50 existing settlements (to include the outposts and land separately the outposts from the new parent settlement), and (b) create as many as 20 new settlements.

In addition, the bill would direct the government to treat the 70 unauthorized outposts as if they were legal settlements, which would include providing municipal services like water and electricity infrastructure at the expense of the relevant regional council (funded by Israeli tax-payers). The bill would also stop the potential of enforcement of the government’s own laws against the specified 70 outposts (reminder: the Israeli government rarely enforces building laws against Israeli settlers, actively funds outposts despite their illegality, and continues to invent new ways to legalize them). According to the bill, enforcement of building laws against the unauthorized outposts could only happen at the direction of the Defense Minister or the Prime Minister, with the backing of the Cabinet.

FMEP has repeatedly covered news regarding the government’s efforts to legalize outposts built on privately owned Palestinian land. The passage of the settlement “Regulation Law”  gave the government new, sweeping authority to legalize outposts which it had been unable to address under existing Israeli law (because of the fact that they were built on privately owned Palestinian land, in effect turning these into cases of incontestable theft of private property. The 2005 Sasson Report admitted that there was no possible way to legalize outposts built on privately owned Palestinian land, and concluded that all such outposts should be evacuated). With the new law in place permitting Israel to launder this land theft, the Cabinet created a Defense Ministry task force – and appointed veteran settler leader Pinchas Wallerstein as its head – empowered to examine the individual legal situation of each outpost and devise plans to retroactively legalize as many outposts as possible. In January 2018, a leaked recording revealed that the task force had been working for six months to prescribe courses of action for the outposts. Despite this, settlers and Knesset members have complained that the task force has done nothing and has not been funded, using these as talking points in their push for the new Smotrich bill.  

Developments related to these efforts are tracked in FMEP’s annexation policy tables.

Cabinet to Consider Three Bills that Advance Annexation of Area C Settlements

In addition to the outpost legalization bill (covered above), the Israeli Ministerial Committee on Legislation is slated at its next weekly meeting on July 15th to discuss three bills that seek to advance Israeli de facto annexation of Area C, after refraining from discussing them last week. Those bills are:

  1. A bill to recognize settlements in the South Hebron Hills as well as the Kiryat Arba settlement (which is, in effect, part of Hebron) as part of the Negev regional economy. Economically, the change would enable these settlements to benefit from government grants and programs for the Negev; politically, and far more importantly, the change would erase the Green Line, legally treating these settlements as part of sovereign Israeli territory (the Negev is an area located inside sovereign Israel).
  2. A bill to change a 1953 Jordanian law in order to allow Israelis to directly purchase property in the West Bank. Under the current law, private, non-Arab individuals cannot purchase land in the West Bank. In 1971, the law was amended to add a loophole allowing companies registered to operate in the West Bank (like the World Zionist Organization and the Jewish National Fund) to purchase property, and often do so only to give it to Israeli settlers. This additional change would open the door for private purchases across the West Bank by settlers and their backers, including in the heart of Palestinian cities. Notably, Israeli security officials have in the past objected to changing this law, based on their recognition of the fact that settlers implanting themselves wherever they want in the West Bank – including in acts intended to be deliberately provocative – will be a security nightmare for the IDF and will enable settlers and their financial patrons to further hijack the national security agenda of the state of Israel.
  3. A bill to rescind the 2005 Disengagement Law in order to allow four settlements in the northern West Bank to be rebuilt. The settlements – Sa-Nur, Homesh, Kadim and Ganim – were evacuated following the passage of the Disengagement Law. Notably, the head of the Samaria Regional Council, Yossi Dagan, is one of the settlers that was evacuated from Sa-Nur in 2005 and has championed the bill, which was submitted for Cabinet consideration by Bezalel Smotrich (Habayit Hayehudi).

New Proof that the Israeli Government is Driving Unauthorized Settlement Activity

The Israeli State Comptroller published a report that exposes how Israel government bodies have colluded with the Binyamin Regional Council (one of the main governing bodies over West Bank settlements) to bankroll the construction and ongoing support of unauthorized outposts, even as the Israeli Civil Administration acts to try to stop the illegal construction the government is funding.

The report reads:

“The [Binyamin Regional] council has been the driving force in the construction of unauthorized communities [outposts] and has financed them…In so doing, the council has dictated a negative standard of behavior, that has allowed for illegal construction in the Judea and Samaria and has even advanced such activity…Government offices were involved in financing the planning and construction of the unauthorized outposts.”

In one of several examples of how the collusion has worked, the Comptroller explained that the Esh Kodesh outpost – which is actually located outside of the Binyamin Regional Council’s jurisdiction – was built in 2000 without government permission. In 2014, the Interior Ministry financed the renovation of roads in the outpost. Meanwhile, the Civil Administration issued demolition orders against structures in the outpost in 2003, 2012, and 2013.

Sensing opportunity to promote their new bill to retroactively authorize outposts (see above), MKs Yoav Kisch (Likud) and MK Bezalel Smotrich (Bayit Yehudi) argued that the Comptroller’s report, by proving the the state has participated in building outposts, underlines the necessity of authorizing those outposts for the sake of the settlers who moved to the outposts at the encouragement of the state.

Adding to the Comptroller’s report (and echoing several of its key points), a freedom of information act filed by Peace Now revealed that the Binyamin Regional Council has been concealing massive and illegal annual contributions to the Amana organization, which leads wide scale illegal settlement construction. Amana received NIS 37 million over three years from the Council, which is 57% of the funds doled out to non-governmental groups over that period. The Comptroller’s report criticized the Council’s support for private organizations, which violates Israeli law restricting regional councils to supporting apolitical, public groups. The report said “the council serves as a conduit for transferring funds from the state to a private association.”

Peace Now writes:

“this data now reveals the depth of this robbing of public funds to finance political campaigns and illegal activity. It is time for the Interior Ministry to put an end to this abuse of Israelis’ taxpayer money and to demand that the authorities in the West Bank cease this illegal funding and give the money back.”

High Court Freezes Plan for Settlement Committee in Hebron; IDF Seizes Private Land Near Kiryat Arba

The Israel High Court has ordered a temporary freeze on a military order creating a new, autonomous settler committee to represent and service a cluster of Israeli settlement enclaves in Hebron’s city center, a plan announced by Defense Minister Avigdor Liberman in August 2017. The military order, if allowed to be implemented, would transfer responsibility for the settlers’ municipal services (roads, sewage, electricity, etc.) from the Hebron Municipality to the new settler committee, a plan which contradicts the 1997 Hebron Protocol.

The High Court gave the Israeli government 120 days to explain the legality of the plan, which was challenged on multiple fronts by the Hebron Municipality. The petition argued that the military order was intentionally vague in defining the legal and geographical jurisdiction of the proposed settler body, and pointed out that the new committee would be able to override decisions by the Hebron Municipality thereby stripping Palestinians of autonomy and representation in matters that directly affect them.

While the Court considers the matter, events on the ground continue to underscore the volatility of the situation in Hebron. Elor Azaria, the Israeli soldier who was caught on camera executing an incapacitated Palestinian on the streets of Hebron, victoriously returned to the city on July 3rd after serving only 9 months in jail. The festivities welcoming Azaria were planned by a group that included the extremist settler and politician, Baruch Marzel. Only two days after the Azaria lovefest, Marzel pitched a two-person tent on the sidewalk next to a Palestinian home in the Tel Rumeida neighborhood in the Old City of Hebron. According to the Palestinian news outlet Ma’an, Marzel was involved in attacks on Palestinians in Tel Rumeida the same day, in an incident that resulted in the arrest of one Palestinian. Israeli police removed Marzel’s encampment from the street.

Also in Hebron, Palestinian media reports that Israeli forces have confiscated a plot of privately owned Palestinian land near the Kiryat Arba settlement and the Ibrahimi Mosque/Cave of the Patriarchs. A Hebron activist reports that the Israeli Army set up a new camp across the street from the seized land about one month ago, and is now moving the camp to the new site with the intention of declaring it a “closed military zone” to prevent Palestinians from entering the area.

High Court Allows the Israel Land Authority to Remain Under the Influence of the Jewish National Fund

The High Court of Justice dismissed a petition filed by Adalah which alleged that the Jewish National Fund’s representation on the Israel Land Authority council infringes on the rights of Palestinian to equality and dignity. Under Israeli law, 6 of the 14 members on the Land Authority council are to be appointed by the Jewish National Fund, an organization the petitioners say (with good cause) “openly discriminates against non-Jews and sees itself as an entity that serves only one population.” The Israel Land Authority is responsible for deciding how (and to whom) to allocate or sell land in Israel, including the land owned by the Jewish National Fund (13% of all land in Israel).

Following the High Court’s dismissal of the petition, the Haaretz Editorial Board wrote:

“In a properly run country, people who declare that they’re committed to acting in a discriminatory way are immediately disqualified from a public role. One can only imagine what Israelis’ response would be if in a country where Jews were a minority, half of a group’s members stated their intention to discriminate against Jews.”

New Bill Would Allow Settlers to Build on National Park Grounds in East Jerusalem

The radical settler group Elad is lobbying for a bill that will allow the group to build settlement units on the grounds of one specific national park located in the East Jerusalem neighborhood of Silwan, where Elad is engaged in a variety of activities to displace Palestinians and replace them with Israeli settlers (as FMEP has reported on extensively). On July 10th, the bill was approved by the Knesset’s Interior and Environment Committee, despite objections submitted to the committee by the Justice Ministry and the Attorney General. The bill was sent to the Knesset plenum for its first of three votes.

The bill will allow Elad to build more homes for Israeli settlers on the grounds of the City of David national park, which is located immediately south of the Temple Mount, adjacent to the southern wall of the Old City of Jerusalem. Since 2001, Elad has managed the park grounds on behalf of the Israel Nature and Parks Authority, a scheme which gives the settler group authority over (but no legal responsibility towards) thousands of Palestinian homes and hundreds of settler homes – a demographic balance Elad is working hard to flip.  

Ir Amim’s researcher Aviv Tatarsky told Haaretz:

“This isn’t the first time a monkey is being made of the law and common sense to advance the agenda of the Elad settlers. But even this law can’t change the fact that Silwan, like East Jerusalem, is entirely a Palestinian city. Israeli attempts to deny that simple truth impair the basic rights of 350,000 people in East Jerusalem. The residents of the Israeli city also pay a price for it.”

For more information on the role on national parks around Jerusalem in advancing the Israeli settlement agenda in Palestinian neighborhoods, see Ir Amim’s reporting here, and a key survey and analysis of national parks in Jerusalem/East Jerusalem by Bimkom here.

Civil Administration Strike Will Delay Settlement Construction

A recently released list of Civil Administration functions that will be brought to a halt during the impending union strike includes the High Planning Council’s work to advance settlement construction plans, though a Civil Administration spokesperson said that construction can be expected to climb next quarter.

Hananel Dorani, Chairman of the Yesha Council, the umbrella group representing settlements,wrote a letter to Prime Minister Netanyahu, Defense Minister Lieberman, and Finance Minister Kahlon. Dorani, highlighting the green light from the political echelon to promote settlements, criticized the Civil Administration while pushing for a resolution:

“Especially now, at a time when political approval was given to promote construction, it’s not only commonplace that the Civil Administration doesn’t meet the task properly, but the workers’ strike will exacerbate the situation and create a bottleneck that’ll be difficult to free from for years. Civil Administration employees’ demand to add additional positions and their requests to improve salary conditions so they can fill existing positions hasn’t been answered for a long time, leading to renewed sanctions. As is well known, this is not the first time Civil Administration employees have initiated sanctions, but this hasn’t yet been dealt with…this organization is routinely substandard, and for a long time important headquarters work wasn’t promoted, plans approved by the political echelon are halted and piled up on the table in the Civil Administration, budgets earmarked for infrastructure projects (transportation, cellular, etc.) aren’t realized, no work permits are issued, and more…We ask that you get involved with all relevant parties and act immediately and personally to restore the Civil Administration to full functioning.”

Samaria Regional Council chairman Yossi Dagan complained:

“As if it is not enough that every house in Judea and Samaria (West Bank) needs four different permits from the political echelon, now the residents have also become hostages in a conflict between Civil Administration employees and the Finance Ministry.”

The Civil Administration will also suspend the following operations: the flow of commercial goods between the West Bank (both settlements and Palestinian areas) and sovereign Israel; changes to the land and population registries, issuance of import licenses and business permits; and, significantly, all actions – including demolitions – against illegal construction, which might delay the demolition of the Khan al-Ahmar bedouin community.

Amichai Settlement’s Makeshift Sewage Pit is Contaminating Nearby Palestinian Fields

Raw sewage from the Amichai settlement (the first new government-backed settlement in 20 years, established in the Shiloh Valley as pay-off to the evacuees of the illegal Amona outpost) has been flowing into the agricultural lands of the nearby Palestinian village Turmus Ayya.

The settlers dug a temporary sewage site (a pit in the ground that is now overflowing) only a few meters from Palestinian farm lands. Settlers have been living in mobile homes on the site of the settlement (which has not been built yet) for less than four months, and Palestinians say the the sewage began overflowing two months ago. A permanent sewage site for the settlement has not yet been built, in part because the settlement plans were approved at a “dizzying speed,” as Haaretz explains it.

Israeli President Cautions Against Shaked’s Bill to Politicize Key Legal Appointments

At a swearing in ceremony for new judges, Israeli President Reuven Rivlin took the opportunity to pointedly criticize a bill promoted by Justice Minister Ayelet Shaked which would, by design, politicize the appointment of ministerial legal advisors (a bill FMEP reported on here).

Rivlin said:

“we need independent legal advisors whose commitment to the law and being gatekeepers flows in their veins and constitutes the essence of their professional ethic. I understand elected officials. I too served in one or two roles before I reached this house, and I didn’t always agree with the legal advisor’s position. However, I believe we must be careful not to weaken one of the important pillars of the executive branch in Israeli democracy. We all want a legal advisor who’ll serve all elected officials from anywhere in the political spectrum in exactly the same way. Faithfully, devotedly, professionally, committed to government policy and primarily responsibility to uphold the law.”

United Nations Envoy: Israel is Moving Towards Formal Annexation

Ahead of the United Nations Human Rights Council’s meeting on the Israeli-Palestinian conflict, legal expert Michael Lynk told press that:

“After years of creeping Israeli de facto annexation of the large swathes of the West Bank through settlement expansion, the creation of closed military zones and other measures, Israel appears to be getting closer to enacting legislation that will formally annex parts of the West Bank. This would amount to a profound violation of international law, and the impact of ongoing settlement expansion on human rights must not be ignored.”

The statement was later posted on the Human Rights Council’s website.

Bonus Reads

  1. “US administration silent on Israel’s occupation policy” (Al Monitor)
  2. “A Tango of Violence: Building Outposts on Palestinian Land” (Haaretz)
  3. “The Maps of Israeli Settlements that Shocked Barack Obama” (The New Yorker)
  4. “Israel slams ‘immoral’ Irish bill banning trade with settlements” (Times of Israel)
  5. “The demolition of Khan al-Ahmar is more than just a war crime” (+972 Mag)

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

To receive this report via email, please click here.

May 10, 2018

  1. Israeli Government Task Force Recommends Massive, Unlimited Land Theft to “Legalize” 1000s of Unauthorized Settlement Buildings
  2. DETAILS: Zandberg Report Recommendations (as reported in English-language media)
  3. REACTIONS to Zandberg: Some Celebrate, Others Sound the Alarm
  4. Efrat Becomes First Settlement to Acquire Private Drone to Police Palestinians
  5. Financing Occupation: World Zionist Organization Offers Cheap Rent in Settlements
  6. Israeli Cabinet Votes to Back Legislation Stripping High Court of Significant Power
  7. Former Top Military Prosecutor – Current NGO Monitor Employee – Lives in House Built on Stolen Palestinian Land
  8. Bonus Reads

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


Israeli Government Task Force Recommends Massive, Unlimited Land Theft to “Legalize” 1000s of Unauthorized Settlement Buildings

Last year, the Israeli government formed a task force to develop new legal solutions that will save settlement buildings and outposts that were built without Israeli authorization on privately owned Palestinian land in the West Bank.The committee’s final report mapping out a menu of options to accomplish that end – called the “Zandberg Report” after the committee’s chair, Dr. Haya Zandberg – was published (in Hebrew) on Friday, May 4th. Soon after its publication, Defense Minister Avigdor Liberman announced he will be introducing a plan “within weeks” that will operationalize the report’s recommendations.

Described by the The Jerusalem Post as “the latest attempt by settler leaders, right-wing politicians and judicial experts to normalize settlement building in Area C of the West Bank by divorcing it from existing legal constraints,” it is clear that the recommendations toss out even a pretense of respect for the rule of law in order to entrench and expand Israeli settlements,  rewarding Israeli settlers who broke Israeli law. If implemented, the recommendations will “legalize” the outright theft of land recognized by Israel as privately owned by Palestinians and will lay the groundwork for continued, additional expropriation of privately-owned land for settlement-related construction.

DETAILS: Zandberg Report Recommendations (as reported in English-language media)

The report opens by stating that “the State of Israel, as the state of the Jewish people, has a right and claim over areas whose status is disputed in the Land of Israel.” The contents of the report make clear that the drafters define “the Land of Israel” as including all of the West Bank.

The authors go on to offer a number of unprecedented legal arguments and recommendations. Those include:

1 – Calling for wholesale implementation of the “Market Regulation” principle, and additional, similar actions. “Market Regulation” is a recently invented Israeli legal principle that involves granting post-facto legitimacy to illegally built settlement construction in cases where settlers built “in good faith,” i.e., they do so under the belief that their actions were correct and legal.  FMEP has covered the “Market Regulation” principle several times in the past, and tracks the operationalization of it in real time on our annexation policy tables. Attorney General Avichai Mandelblit first introduced the “Market Regulation” argument in late 2016 as an alternative legal basis to the one that was eventually adopted by the Knesset in the Regulation Law. In November 2017, the government embraced Mandelblit’s “Market Regulation” principle when it submitted a brief to the High Court of Justice announcing its plan to retroactively legalize the settlers’ construction on privately owned Palestinian land near the Ofra settlement by expropriating that land.

In addition, the report recommends legalizing illegal construction in cases where settlements have expanded beyond their borders onto private land, and where that structures in question “were built over a decade ago, without any protest and with the support of the state.”

2 – Endorsing the expropriation of privately owned Palestinian land for “public use. As an occupying power, Israel technically has the right to expropriate land for public use — meaning, for the benefit of the public that resides in the territories held under occupation. Since 1967, Israel has interpreted that authority in a manner that is both legally questionable and which discloses a very clear political and territorial agenda, using “public use” as the basis for expropriating West Bank land for the exclusive benefit of Israel and Israeli settlers. The Zandberg report makes this explicit, endorsing expropriations for the purpose of building new roads that connect isolated outposts and settlements to more developed areas. Defending this self-serving interpretation of “public use,” the report cites an opinion by (now retired) High Court Justice Salim Joubran, which held that settlers are legally a part of the “local population” of the West Bank and that the IDF is obligated to provide for their welfare. As another means of connecting isolated settlements and outposts, the report also recommends that the State consider building tunnels or bridges through privately owned Palestinian land to connect isolated settlement areas to more developed areas. The report argues “the ownership underground and [in the air] above the ground belongs to the state.”

FMEP has repeatedly reported on the events related to the legal basis created by Justice Joubran’s opinion, and FMEP tracks the operationalization of the legal basis on our annexation policy tables. Joubran’s opinion was made public in October 2017, prompting the Israeli NGO Yesh Din to file a new petition regarding the case it was related to – the Amona outpost case. Then, in November 2017 the High Court accepted the “local population” argument as an adequate legal basis for expropriating Palestinian land near the unauthorized outpost of Haresha in order to legalize an access road that had illegally been built on the private land.

3- Recommending a principle of flexibility in defining “adjacent areas. The basis of this recommendation is the idea that Israel’s right to use land that is immediately adjacent to authorized settlements cannot be questioned, and that by interpreting the concept of “adjacent areas” broadly, Israel can justify taking large swathes of West Bank land located around and between settlements, including private land. Doing so would enable Israel to incorporate unauthorized outposts as “daughter neighborhoods” of existing settlements, even when located a great distance away. Doing so would also allow private Palestinian land surrounding isolated outposts to be seized and zoned for settlement construction and expansion (some outposts are located on pockets of territory designated by Israel as “state land,” prohibiting, under current law, the outpost to expand).

4 – Calling for the establishment of new, official settlements. The report endorses the establishment of independent new settlements for satellite outposts that are not connected to the main settlement area, like what Israel is in the process of doing for the Havat Gilad outpost.

5 – Recommending an end to the work of the “Blue Line Team.” This is the team within the Israeli Defense Forces which was tasked with examining and correcting the demarcation of land in the West Bank that Israel has granted to settlements. Ending the work of the team means Israel will cease making any effort to identify if and where settlement boundaries include private Palestinian land, let alone retroactively returning such land to the control of its owners. Israeli Attorney General Avichai Mandelblit has reportedly already agreed to this recommendation.

6 – Calling for Regional Settlement Councils to be allowed to provide municipal services to (currently) unauthorized outposts. Many unauthorized outposts – being outside the jurisdiction of regional councils (because they are not officially recognized by the government) – lack connections to the Israeli power grid and water supply. This recommendation will allow settlement Regional Councils to hook up outposts to the Israeli grid, an ability which had already been extended to local settlement councils.

REACTIONS to Zandberg: Some Celebrate, Others Sound the Alarm

Justice Minister Ayelet Shaked: “The end of the era of uprooting settlements without purpose in Judea and Samaria, was led by a team that found legal ways to regulate settlements in Judea and Samaria and to end the shame of evacuating settlements for no real reason. The report gives legal tools that are compatible with international law, for the settlement of settlements in Judea and Samaria.”

Education Minister Naftali Bennett (Jewish Home): “We act responsibly and creatively and within a few weeks we will present a comprehensive and systematic plan of action for the legalization of outposts in Judea and Samaria.”

Agricultural Minister Uri Ariel (Jewish Home): “The Settlement Committee was established in order to find a solution for thousands of houses in settlements that are in danger because of petitions by radical leftist parties and the Palestinian Authority, which exploit the judicial system to harm and sabotage Jewish settlement in Judea and Samaria. The report sets before us, the government, the simple truth that it is possible and necessary to settle settlement in Judea and Samaria after 50 years of settlement. I call on the prime minister to immediately adopt the report and put an end to the unnecessary and painful demolition and destruction of homes and settlements in Judea and Samaria established with the encouragement and support of successive Israeli governments.”

MK Ksenia Svetlova (Zionist Union): “Because the government was unable to implement the Levy report, they need to be able to show some sort of result on this issue…It will give a tailwind to settlers to continue building illegally…” She referred to the report as a “legal carte blanche,” providing another avenue for advancing the so-called “Regulation Law.” She added, “I believe in international legitimacy, and nobody has recognized our sovereignty in the West Bank.”

Peace Now: “This is a serious and dangerous report, which recommends that Israel blatantly violate international law and trample on the protected needs and rights of the Palestinian population…the implementation of its recommendations would lead to apartheid in practice.

Talia Sasson (author of the 2005 Sasson Report and current head of The New Israel Fund): The report was written “on the basis that the political debate over the West Bank is over…Their legal attitude to issues of land ownership is one of ‘we don’t want to know.’ ”

Michael Sfard (human rights lawyer): Referring to a 1979 court ruling that held Palestinian land could not be confiscated by the state for the use of settlement building, Sfard said: “The adoption of this report would signify the end of that ruling. It has been abused quite regularly on the ground, but never before at the legal level.”

[Updated post-publication with new statements]

Efrat Becomes First Settlement to Acquire Private Drone to Police Palestinians

The Efrat settlement, located south of Bethlehem, recently became the first settlement to have its own drone to police the skies. The settlement held a demonstration of the drone’s capabilities over the weekend, stressing that the drone is able to quickly identify Palestinians on the ground.

The purchase of the drone was supported by a $37,000 donation from the International Fellowship of Christians and Jews, an organization which claims to be the “largest Christian-supported humanitarian agency helping Israel and the Jewish people around the world,” counting 1.6 million Christian donors who contribute a total of $140 million annually. The group’s founder, Rabbi Yechiel Eckstein, told the Jerusalem Post that he plans on equipping more settlements with their own private drones.

Military-grade drones have long been a part of the Israeli military’s blockade of Gaza, and Gaza residents have long noted with despair the audible buzzing of drones above them. The Washington Post wrote that the buzz of drones is the “the most enduring reminder of Israel’s unblinking vigilance and its unfettered power to strike at a moment’s notice.” Just last week, and for the first time ever, Israel used drones to drop tear gas on Palestinians participating in protests along the fence separating Israel from the Gaza Strip.

The privatization of drones follows the diffusion of drone technology throughout the Israeli armed forces; as of last year, Israel had furnished camera-equipped drones to hundreds of IDF units.

Financing Occupation: World Zionist Organization Offers Cheap Rent in Settlements

A freedom of information request filed by two Israeli NGOs has revealed that the Settlement Division of the World Zionist Organization (WZO) offers mobile homes for rent in West Bank settlements for 20-30% cheaper than in Israel proper. According to the data, 37% of the division’s rental properties are located inside of West Bank settlements.

The Settlement Division is technically part of the World Zionist Organization, but in practice the unit is fully funded by the Israeli government and even splits its real estate profits with the Israeli Housing and Construction Ministry. Together, the WZO and the Israeli government work in coordination to develop West Bank settlements and encourage Jews to move into them.

From the beginning of the Israeli settlement movement, the Israeli government has provided significant economic subsidies to encourage its citizens to move to the West Bank (subsidies which is not offered to citizens living in Israel proper, where a housing shortage has been front-page news for years).

Israeli Cabinet Votes to Back Legislation Stripping High Court of Significant Power

On May 6, 2018, the Israeli Cabinet voted to support legislation that, if passed by the Knesset, will empower the Knesset to reinstate laws struck down by the High Court with a bare-bones majority vote (61 of 120). This move by the Cabinet sends the bill – known as the override law –  to the Knesset, where it appears to have been put on ice due to opposition within the governing coalition.

The Cabinet’s decision to vote on the bill and send it to the Knesset took place entirely at the insistence of Jewish Home leaders Naftali Bennett and Ayelet Shaked, in defiance of a request from Prime Minister Netanyahu’s (Likud) to delay the Cabinet vote until the Ministers could reach a compromise on the text of the bill. Instead, Bennett and Shaked plowed ahead with their own version of the bill without consensus in the Cabinet. The Jewish Home version is the most extreme: it would allow the Knesset to reinstate bills with just 61-votes, a threshold so low that it would effectively allow governing coalitions to pass laws that are immune to judicial review. Chief Justice Esther Hayut warned that the 61-vote version sets the bar too low, calling it a “danger to democracy and to the court.”

As of this writing, Netanyahu has not yet weighed in on the Cabinet’s action on the bill, which leaves Likud faction votes uncertain. Finance Minister Moshe Kahlon – who heads the Kulanu Party, the second largest party in the governing coalition – has promised to instruct his faction to vote against the bill should it be brought up, a move which could shelve the bill for six months according to Knesset procedures. Kahlon, who was not present during the Cabinet’s discussion or vote, said:

“The passage of the bill in the Ministerial Committee of Legislation is a violation of the coalition agreements and a blow to law enforcement. The Kulanu faction will continue to struggle against the override powers clause and we will fight. We will not allow extreme elements to lead the daily agenda in the State of Israel.”

Adding to the dissent, a spokesman for Israeli Attorney General Avichai Mandelblit reiterated  the AG’s opposition to all versions of the bill currently under consideration. As an alternative, Mandelblit has recommended a bill that would require a majority vote in the High Court (6 out of 9) to overturn a bill, and then a vote of 70 MKs to reinstate any bill that was struck down.

Former Top Military Prosecutor – Current NGO Monitor Employee – Lives in House Built on Stolen Palestinian Land

Dror Etkes – founder of the anti-settlement watchdog group Kerem Navot – revealed that Maurice Hirsch, Israel’s former chief military prosecutor in the West Bank – lives in a house that the Israeli Defense Ministry has admitted was built on privately owned Palestinian land. Hirsch is currently employed by NGO Monitor, a group dedicated to quashing activisim critical of Israel or Israeli policies.

Bonus Reads

  1. “Ultra-Orthodox population grows in Israeli settlements” (i24 News)
  2. “Israeli forces expel Palestinian families from homes in Jordan Valley for army training” (Maan News)
  3. “How the U.S. State Department Deleted the Occupied Territories” (Haaretz)

 

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

To receive this report via email, please click here.

April 20, 2018

  1. Israeli Police Assist Settlers in Taking Over Three Palestinian Apartments in East Jerusalem
  2. Palestinians Petition Civil Administration to Evacuate Squatting Settlers from Hebron Compound
  3. Bibi Govt Proceeds with Effort to Strip High Court of its Powers
  4. IDF Aids Settlers in Closing Off Key Road to Palestinians
  5. $120 Million Investment into Jordan Valley Communities, Including Settlements
  6. Settlers Assault IDF & Terrorize Palestinians in Nablus Area
  7. Americans for Peace Now: “From Creeping to Leaping: Annexation in the Trump-Netanyahu Era”
  8. Bonus Reads

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


Israeli Police Assist Settlers in Taking Over Three Palestinian Apartments in East Jerusalem

On April 9, 2018, Israeli police officers assisted settlers in evicting three Palestinian families from apartments in the Silwan neighborhood of East Jerusalem, making way for the settlers to move in. The take-over seemed to have happened prematurely, since the family that owns the apartment units – the Ruweidi family – filed an appeal with the Court that had not yet been heard. The High Court ordered a temporary delay on the eviction order, but the delay was issued too late and the settlers had already emptied out the apartments. According to Haaretz, the apartments will remain empty until further notice from the Court.

In February 2018, the Jerusalem District Court ruled that the property rightfully belongs to the radical settler group Elad, which claims to have bought it from one member of the Ruweidi family, Raziq Ruweidi. The Ruweidi family disputes the court’s decision, saying that the properties were jointly owned by six other family members and therefore could not have been lawfully sold. The matter wound up in court after Raziq Ruweidi was murdered three years ago, leaving debts that the Israeli courts had to settle.

As documented in previous editions of the FMEP settlement report – here, here, here, and here – the Elad settler group frequently works with the Israeli government and the courts to accomplish its goal of erasing the Palestinian presence in East Jerusalem in favor of Israeli Jews, including cooperation on major projects like the touristic Kedem Center in Silwan and the cable car line that will service it.

Palestinians Petition Civil Administration to Evacuate Squatting Settlers from Hebron Compound

Three weeks after settlers broke into and took up residence in the “Zaatari Compound” in Hebron, the Palestinian al-Zaatari family filed an appeal this week with the Israeli Civil Administration to have the law-breaking squatters evacuated. The settlers – who were reportedly given permission to enter the property by the IDF and Defense Minister Lieberman – claim to have legally purchased the properties. A lawyer representing the al-Zaatari family wrote in the petition that claim “has no basis in reality, since my clients and/or their representatives never sold their ownership rights in their homes.” The court has

Like hundreds of Hebronites, the al-Zaatari family was forced to leave the home during the Second Intifada due to the IDF’s suffocating restrictions on the freedom of movement of Palestinians in and around the Old City of Hebron, conditions which persist today.

Peace Now released a statement saying:

“The ink has not yet dried in the High Court of Justice’s decision to evacuate the Abu Rajab House, where settlers also broke into and squatted, yet the settlers dare to break into another house without the same approval they lacked in that case. The government must evict the trespassers immediately; the settlers have not proven any ownership. The behavior of the government and recent statements by the defense minister raise the suspicion that this home invasion was carried out in coordination with the defense ministry, and that the government lent a hand to breaking the law and stealing. Instead of protecting the landowner’s rights, the government is helping robbers seeking to take possession of the property without allowing the current owners their rightful legal avenue to prove ownership. The establishment of a new settlement house in the heart of Hebron is a severe blow to the fragile situation in Hebron and is liable to cause new restrictions on the movement of Palestinians.”

Bibi Govt Proceeds with Effort to Strip High Court of its Powers

It was decided by the the Israeli government’s ruling coalition this week that the next Knesset – which opens on April 29 – will vote on legislation aimed at stripping the High Court of its power to strike down laws passed by the Knesset. At the weekly cabinet meeting, Prime Minister Netanyahu and Finance Minister Moshe Kahlon agreed to form a “small ministerial committee” to try to bridge various proposals to restrict the High Court’s power to overturn laws – a move that could impact the fate of (among other things) the Regulation Law. 

Notably, Attorney General Avichai Mandelblit was permitted to attend the cabinet meeting to present his opposition to most serious of the proposed versions — the Netanyahu-backed model, according to which laws could be overturned only by a unanimous vote in the High Court;  Kahlon’s issue-specific formulation, seeking to allow the Knesset to overturn the High Court decision vis-a-vus a single piece of legislation, related to African asylum seekers; and a version, backed by Justice Minister Ayelet Shaked and Education Minister Naftali Bennet, allowing the High Court to be overruled by a simple majority vote in the Knesset. Mandelblit recommended his own version — one that would require a super-majority vote by the High Court (7 of 9) to strike down a law, and would allow the Knesset to overturn such a decision by the High Court by a super-majority of 70 votes. 

Netanyahu and Transportation Minister Levin (Likud) rejected Mandelblit’s proposal, and said that the High Court should only be able to strike down laws by a unanimous vote (meaning that it would be highly unlikely that the Court would ever succeed in striking down any law). Following the cabinet meeting, Levin also specifically took issue with Khalon’s version of the bill (which seeks to create a unique exception for the Knesset to overturn the High Court’s ruling against a law related to the detention and deportation of African asylum seekers). Making clear his real objectives and concerns (and making explicit the connection to settlements), Levin told reporters that this version is:

“significantly erroneous and will lead to striking down laws, including the Regulation Law (legalizing Israeli outposts in the West Bank).”

You can follow the key events regarding the progression of this legislation via FMEP’s recently published resource, “Israel’s Creeping Annexation Policies.”

See this Haaretz overview for more even more detail.

IDF Aids Settlers in Closing Off Key Road to Palestinians

Haaretz reports that the IDF is contributing to the efforts of settlers from Halamish, a settlement located north of Ramallah, to restrict Palestinian access to a critical highway along which the settlers recently established a new unauthorized outpost.

Map by Kerem Navot

According to testimonies collected by Haaretz, IDF soldiers at two military roadblocks near the settlement and the new outpost have been conducting prolonged searches of Palestinian vehicles and buses headed for Ramallah via road 450. The vehicles and their passengers are regularly delayed and harrassed. One Palestinian recounts a soldier reportedly admitting that the actions are meant to incentivize Palestinians to take a detour around the area of the settlement and outpost (which is a longer route). In addition, settlers have repeatedly posted – and the IDF has repeatedly removed – a sign on the road that reads:

“The area where you are now is under the control of the Jews. Entry by Arabs to this area is completely prohibited, danger of death!”

Months ago, Halamish settlers started a Saturday morning prayer event in the middle of the road (between the settlement and the outpost on the other side). In cooperation with the settlers, IDF soldiers have been shutting down all Palestinian traffic and guarding the settlers during the prayer event.

The settlers intent has long been clear. By sealing off Palestinian access to the road, it will become an interior road between the settlement and the new outpost, effectively expanding the boundaries of Halamish at the cost of Palestinians.

The Halamish settlers established the outpost – which they call “Yad Ahi” or “My Brother’s Hand” – in July 2017, following the brutal murder of four of the settlement’s residents by a Palestinian attacker. Since then, the settlers have worked determinedly to fortify and expand the settlement to include the outpost and more, as extensively documented by the Israeli NGO Kerem Navot.

$120 Million Investment into Jordan Valley Communities, Including Settlements

The office of the Prime Minister announced a $120 million grant program for infrastructure projects in Israeli communities in the Jordan Valley. According to The Times of Israel, the budget earmarks $7 million to “help local farmers acquire more agricultural land and locate additional water sources and to build affordable homes for first-time buyers through the Housing Ministry Program.” One Israeli business news outlet reports that this is an “aid program for settlements in the Dead Sea area coping with the problem of sinkholes.”

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.The current Israeli government has 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). One Likud MK, Sharren Haskel, recently unveiled a bill to annex the Jordan Valley. Haskel is seeking government backing for the bill before formally introducing it in the Knesset.

A recent report by B’Tselem documents how Israeli settlers were allowed to establish two new outposts in the Jordan Valley last year. In recent months, Israel has delivered eviction notices to entire Palestinian communities near Israeli settlements in the Jordan Valley. Simultaneously, settlers have been allowed to continue construction on a tourist project  – a car race track built in a closed military zone (land expropriated from Palestinians ostensibly for security purposes), despite a court ordered stop-work order.

Settlers Assault IDF & Terrorize Palestinians in Nablus Area

Three settlers were arrested for throwing stones at IDF soldiers engaged in the evacuation of an unauthorized outpost near the Itamar settlement, south of Nablus. The outpost – called “Rosh Yosef” by the settlers – has been evacuated several times before, but settlers have repeatedly re-occupied the hilltop site. The settlers, one of whom is a minor, were released a day later and put under house arrest.

The evacuation comes against the backdrop of frequent attacks perpetrated by Israeli settlers in the Nablus area recently. Last week, settlers allegedly set the entrance to a mosque on fire and spray painted the building with anti-Arab, anti-Muslim threats. On April 18th, settlers destroyed at least two dozen olive trees and spray painted hateful words on houses in the village of Urif. The Ynet news outlet reports that the radical and violent “Hilltop Youth” settler group is responsible for most of these crimes, noting that its members are increasingly outraged by outpost demolitions, fixated on calls for “revenge” against Palestinians following terrorist attacks, and resentful of recent criminal punishments levied against their members as a result of the Shin Bet’s crackdown on the group’s criminal activities.

Americans for Peace Now: “From Creeping to Leaping: Annexation in the Trump-Netanyahu Era”

Americans for Peace Now published a new policy paper analyzing how “the Israeli right has launched an unprecedented drive to annex the West Bank, piecemeal or in its entirety” since the inauguration of President Donald Trump. The paper “lays out the recent developments that present a quantum leap in Israeli annexation efforts, analyzes these moves against the historical backdrop of Israel’s 50-year occupation of the West Bank, examines the ramifications of the transition from ‘creeping’ to ‘leaping’ annexation, and considers why this transformation is happening now.”

FMEP’s recently published resource, “Israel’s Creeping Annexation Policies” is being updated to include several items from APN’s excellent work.

Bonus Reads

  1. “Israel and Annexation by Lawfare” (Michael Sfard, The New York Review of Books)
  2. “How Israel’s Government is Aiming to Outweigh the Supreme Court” (Haaretz)
  3. “Attempts to ‘bypass’ Israel’s High Court will create a ‘tyranny of the majority’ ” (+972 Mag)
  4. “As Israeli pushes for West Bank railway, Palestinians brace for more land grabs” (Middle East Eye)

 

 

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

To receive this report via email, please click here.

January 25, 2018

  1. Israeli Attorney General Supports Legalization of Radical Havat Gilad Outpost
  2. Settler Population Growth Rate Continues to Shrink, But Still Outpaces Growth Rate Inside the Green Line
  3. In a First, U.S. Embassy Invites Settlers to VP Pence’s Knesset Speech
  4. Bonus Reads

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


Israeli Attorney General Supports Legalization of Radical Havat Gilad Outpost

Over the weekend, Israeli cabinet ministers declined to debate Defense Minister Avigdor Liberman’s proposed resolution to advance the retroactive legalization of the Havat Gilad outpost at the weekly cabinet meeting. The settler-run Arutz Sheva media outlet is reporting that even though the resolution was not debated, Ministers did discuss Havat Gilad and pressured Netanyahu to “regulate” it (i.e., make it legal) as part of the government’s response to a terror attack earlier this month which killed a resident of the outpost.

After the meeting, Justice Minister Ayelet Shaked announced via a tweet that Israeli Attorney General Avichai Mandelblit has given his support for a second resolution to retroactively legalize the Havat Gilad outpost, signaling that there is no legal impediment to moving forward with the plan. If true, this means the Attorney General has found a way to get around a growing body of historical documentation that should – under current Israeli law and precedent as it is understood – preclude the outpost from being retroactively legalized.

The history of the outpost, as documented and adjudicated by the Israeli government, should disqualify it from meeting the standards for retroactive legalization set out in the Regulation Law, a law passed in early 2017 that gives the Israeli government leeway to regulate settlement units and outposts that were built in good faith or with the consent of the state, and if Palestinian landowners are compensated. These condition do not appear to apply with respect to Havat Gilad, which was first established in early 2002, evacuated by the government of Israel (for being illegal) in October of that same year, only to be re-established nearby less than a year later. As detailed in a post by Dror Etkes, founder of the Israeli NGO Kerem Naboth, aerial photographs from 2001-2002 show that “the area over which the outpost currently spans was divided into dozens of plots that were well-cultivated,” clearly indicated privately-owned land.

Hence, the Regulation Law cannot be the legal underpinning on which Attorney General Mandelblit is relying on to support the retroactive legalization of the Havat Gilad outpost.. However, it is worth recalling that Mandelblit argued against the Regulation Law (which is expected to be struck down by the High Court of Justice) – not because he in principle opposed legalizing outposts, but because he believed there was a better, alternative legal mechanism to achieve the same goal that would pass High Court scrutiny. It is also worth recalling that shortly after submitting his argument against the Regulation Law, Mandleblit issued two key legal opinions: one in favor of the retroactive legalization of an access road to the Haresha outpost; and the second to support the retroactive legalization of the Ofra settlement sewage plant (which was “mistakenly” built on Palestinian land).

Though Mandelblit’s legal logic for supporting any of the cases remains unclear (and what that logic portends for the 70 other outposts that the government is seeking to legalize), it is clear that there are new avenues opening up to convert even the most far-flung, radical, and brazenly illegal outposts into permanent West Bank settlement facts-on-the-ground, at the expense of Palestinian landowners and the contiguity of a future Palestinian state.

Settler Population Growth Rate Continues to Shrink, But Still Outpaces Growth Rate Inside the Green Line

According to the Times of Israel, new Israeli government data (covering 150 West Bank settlements and outposts, but not East Jerusalem) shows that the settler growth rate has decreased for the sixth consecutive year, from 3.9% in 2016 to 3.4% in 2017 (the growth rate hit a high in 2008, at 5.8%). Even with this decline, the 3.4% settler population growth rate still outpaces Israel’s national average, which comes in at 2%. Moreover, the data show that settler population is far younger than the population inside the Green Line, with 47% of settlers being below the age of 18, compared to 27% of Israelis inside the Green Line.

A statement from the Yesha Council (the umbrella organization of municipal councils of Jewish settlements) blamed for the declining growth rate on what it called a “quiet freeze” on settlement construction in 2017, despite the fact that Peace Now chronicled an alarming acceleration of settlement activity in 2017.

In a First, U.S. Embassy Invites Settlers to VP Pence’s Knesset Speech

The U.S. Embassy sent out personal invitations to several prominent settler leaders to attend Vice President Mike Pence’s speech in the Israeli Knesset. Invitees included senior officers of the Yesha Council (he umbrella organization of municipal councils of Jewish settlements, which acts as the de facto lobby for the settlers). The Speaker of the Knesset, Yuli Edelstein, invited additional settlers to attend the speech as well.

In his speech, VP Pence did not mention the occupation or settlements, but only called on Palestinian leaders to return to the negotiating table.

Bonus Reads

  1. “How David Friedman is Putting His Right Wing Stamp of U.S. Foreign Policy Towards Israel” ( The Forward)

 


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

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

To receive this report via email, please click here.

December 8, 2017

  1. Israeli High Court Orders Government to Submit Second Defense of  the “Regulation Law”
  2. Yesh Din Petitions for a New Hearing on the Amona Outpost Case
  3. Ofra Settlement Moves to Retroactively Legalize Intentional and “Accidental” Land Theft
  4. B’Tselem: “Made in Israel – Exploiting Palestinian Land for Treatment of Israeli Waste”
  5. U.N. Database Documenting Businesses Operating in Settlements Nears Completion
  6. U.S. Official: Trump Proclamation Does Not “Change” U.S. Policy on East Jerusalem Settlements
  7. Jared Kushner’s Pro-Settlement Involvement: The Story Is Still Unfolding
  8. Bonus Reads

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


Israeli High Court Orders Government to Submit Second Defense of  the “Regulation Law”

Following Israeli Attorney General Avichai Mandleblit’s problematic argument against the constitutionality of the “Regulation Law” submitted to the court last week, the Court has now ordered the State to submit a new defense of the law by February 25, 2018. In light of the Attorney General’s opposition to the law, the government has hired a private attorney to defend it. The State’s attorney, Harel Arnon, has already submitted one defense of the law in August of this year, but now he must submit a second response explaining why the law should not be struck down on constitutional grounds.

While the court hears arguments, it has extended a temporary injunction against the use of the Regulation Law, which has been frozen since August. The “Regulation Law” seeks to provide a legal basis for retroactively legalizing outposts and settlement structures that were built without permission or permits from the Israeli government. Peace Now estimates that the Regulation Law could pave the way for the legalization of 55 Israeli outposts, 4,000 illegally constructed settlement units, through the seizure of thousands of dunams of Palestinian agricultural land.

Yesh Din Petitions for a New Hearing on the Amona Outpost Case

In October 2017, Israeli courts finally published the legal opinion behind a 2016 ruling against a plan to relocate the Amona outpost to a nearby plot of privately owned Palestinian land. Though the court ruled against the legality of the plan, the argument articulated in the freshly published document appears to show the Court accepting, for the first time, the argument that Israel can seize Palestinian private lands for the exclusive use of Israeli settlers. This argument is now being recycled in many other cases of illegal construction in the West Bank, including in the decision to retroactively legalize an access road leading to the Haresha outpost that was built on land that is proven to be privately owned by Palestinians.

In response, Yesh Din (which filed the original petition against the Amona plan) launched a new petition this week asking for a new hearing, arguing:

The reasoning of the Amona plan verdict establishes that the Military Commander has the authority to make temporary use of private Palestinian, even if such use serves the Israeli population exclusively, and that the Supervisor of Abandoned Property in the Civil Administration may initiate dissolution of partnership proceedings for Palestinian land, despite being a temporary trustee of this land only.

Evidence that these are precedent setting rulings came about a week after the reasoning was issued. Attorney General Avihai Mandelblit’s opinion regarding the access road to the outpost of Haresha noted that until the verdict, Palestinian land could not be expropriated for the benefit of Israelis alone, but that following the judgment, such a move became possible.

In late November 2017, Yesh Din petitioned the High Court on behalf of Palestinian landowners who challenged the Amona plan, asking for a further hearing by an extended panel in the judgment issued by Justice Salim Joubran, to decide on these two issues.

Ofra Settlement Moves to Retroactively Legalize Intentional and “Accidental” Land Theft

Based on the ruling in the Haresha case, Israel is moving to retroactively legalize a sewage treatment facility near the Ofra settlement that was built on land privately owned by Palestinians. The Civil Administration will consider advancing plans to that affect during a hearing of the High Planning Committee on December 6th [no news as of publication on 12/7].

The history of the Ofra sewage treatment plant is rife with scandal, including the public admission by the head of the powerful Binyamin Regional Council, Pinchas Wallerstein, that he knew the plant was being built on land owned by Palestinians. When Avi Roeh succeeded Wallerstein as the head of the Binyamin Regional Council, Roeh was caught issuing falsified building permits for the construction of the plant (the Binyamin Regional Council does not have the authority to issue building permits). Wallerstein and Roeh were later sued by the Palestinian land owners for trespassing; neither man denied the allegation and both were fined (minimally) by the High Court of Justice for their actions related to the sewage plant.

The Israeli NGO Yesh Din has led two petitions against the construction of the Ofra sewage plant. In the first, filed in 2009, Yesh Din asked the court to demolish the plant and return the lands to the Palestinian owners; the court partially accepted the demand and said that the plant cannot be operated until all legal proceedings are resolved. It also ruled that the plant must serve both the Ofra settlers and nearby Palestinian communities. The second petition, filed in 2014, challenged the Court’s decision to only fine rather than prosecute Wallerstein and Roeh for an offense they admitted to: trespassing. The Court rejected this petition, ruling the fines were sufficient.

As a reminder, the Ofra settlement is also battling to retroactively legalize the use of land inside of the settlement they “mistakenly” seized from its Palestinian owners.

B’Tselem: “Made in Israel – Exploiting Palestinian Land for Treatment of Israeli Waste”

In a timely report (see above), B’Tselem has published documentation of how Israel exploits its position as an occupying power to build waste treatment plants that treat Israeli-generated waste in the occupied West Bank, where environmental regulations are less strict. This is done in contravention of international law. The report observers:

Like other countries, Israel has a system in place for treating the waste generated in its territory. However, as this report reveals, a significant portion of this system is located outside Israel’s sovereign borders, in the West Bank. Abusing its status as an occupying power, Israel has set out less stringent regulations in industrial zones in settlements and even offers financial incentives such as tax breaks and government subsidies. This policy has made it more profitable to build and operate waste treatment facilities in the West Bank than inside Israel…

Israel is effectively having it both ways: seemingly increasing the amount of waste it treats, it actually does so by diverting the risks and pollutants onto Palestinian land and people…

Waste treatment in the West Bank is simply one more facet of the exploitative policy Israel has practiced consistently for fifty years now, using Palestinian space and people to further its own interests. As part of this policy, Israel treats the West Bank – and particularly Area C, where it retained full control under the Oslo Accords – as an area meant to serve its needs exclusively, as if it were its sovereign territory.

U.N. Database Documenting Businesses Operating in Settlements Nears Completion

With the passage of UN Resolution 2334, member states voted to uphold a legal distinction between Israel and the occupied territories. That important vote necessarily brought renewed attention to the way trade, business, banking, and other bilateral relationships with Israel must be examined in order for member states to comply with their own legal obligations and principles. In the words of the resolution, member states voted to “distinguish in their relevant dealings, between the territory of the State of Israel and the territories occupied since 1967.”

In parallel, at the beginning of 2018 the UN is due to release a database (which may turn out to be merely a report) looking at businesses that operate in settlements, in contravention of international law. The creation of the database is the result of a resolution taken by the United Nations Human Rights Council on March 24, 2016. Its purpose is to assist member states in complying with their legal obligations under international law. Israel and the United States are fighting tooth-and-nail against the publication of the database, labeling it an anti-Israel “blacklist.” U.S. Ambassador to the United Nations Nikki Haley has often used the database to bludgeon the UN, calling it an anti-Israel forum and threatening to leave the UN Human Rights Council if it isn’t reformed. However, as international legal scholar Valentina Azarova explains:

The UN database is a mechanism to document, report, and engage primary interested parties. It does not have the mandate to adjudicate the responsibility of concerned parties, nor to act as a coercive tool of law enforcement. Thus, commentators who refer to it as a “blacklist” misrepresent it and undermine its legitimacy.

This week prominent Israelis mobilized in support of the databases’ publication, saying:

[we] believe that the international community has a crucial and urgent role to play in order to redress the Israel/Palestine fast deteriorating conflict. We believe that to serve that end, it is essential that the international community will act against the settlement policy of the Government of Israel, which bars any resolution of this conflict.

U.S. Official: Trump Proclamation Does Not “Change” U.S. Policy on East Jerusalem Settlements

The following exchange happened during the 12/7/17 State Department Daily Briefing with Acting Assistant Secretary, Bureau of Near Eastern Affairs:

QUESTION: Thank you. What is the current policy of the U.S. administration towards Israeli settlements in East Jerusalem?

AMBASSADOR SATTERFIELD: As – this decision had no impact on any issue other than the recognition or acknowledgment of Jerusalem as the capital of Israel.

QUESTION: No. But so could you —

AMBASSADOR SATTERFIELD: I’ve answered your question.

QUESTION: Could you follow up what the policy therefore is, even though it has not been enacted?

AMBASSADOR SATTERFIELD: I’m not going to restate the policy at this point.

QUESTION: Well, can I just ask you then are you accepting the premise of the question that construction in East Jerusalem is settlement activity? I don’t believe that it’s (inaudible).

AMBASSADOR SATTERFIELD: What I am stating is an affirmative. The President’s decision was a recognition of Jerusalem as the capital of Israel. The President made clear issues that touch upon the boundaries of sovereignty or final status issues are not addressed by his decision.

QUESTION: I get it. The question is one of terminology.

AMBASSADOR SATTERFIELD: Fine.

QUESTION: You called construction in the West Bank settlement activity, but not necessarily construction in East Jerusalem. That’s just construction. It hasn’t traditionally —

AMBASSADOR SATTERFIELD: The President’s decision did not touch on those issues.

To date, the U.S. has not publicly commented on East Jerusalem settlements, even though there have been massive, game-changing, new settlement announcements made by the Netanyahu government in the most sensitive areas of East Jerusalem. The only public statement the U.S. has made on settlements (and repeats whenever the occasion arises) is that the U.S. does not believe settlements are an impediment to peace, but that settlement construction is not helpful in achieving that goal. As reported by FMEP in late October, the U.S. policy on Israeli settlements is rumored to be a 4-part “don’t surprise us” understanding; point #4 stipulates that there is no limit to construction on East Jerusalem settlements as long as the U.S. is given advance notice and the new construction is adjacent to existing settlement units.

Jared Kushner’s Pro-Settlement Involvement: The Story Is Still Unfolding

The news broke this week that Jared Kushner, son-in-law and senior advisor to President Donald Trump, failed to disclose his executive leadership of an organization that supported the construction of a yeshiva (a Jewish religious school) in the Beit El settlement. Kushner is currently leading the Trump administration’s efforts to restart Israeli-Palestinian peace negotiations.

Kushner served as co-Director of the Charles and Seryl Kushner Foundation from 2006 to 2015, during which time the foundation gave at least $38,000 towards the construction project in Beit El. The settlement is the same one that U.S. Ambassador David Friedman has long supported (Friedman was the longtime president of the American Friends of Bet El; according to the organization’s website, he “resigned from all his positions and involvement with Bet El on March 23, 2017, upon accepting his position as US Ambassador to Israel”).That same Kushner foundation also donated $15,000 to Etzion Foundation and $5,000 to Ohra Stone Foundation (both of which operate in settlements), in addition to $298,600 donated to the Friends of the Israeli Defense Forces.

In other news, it was discovered that another Kushner family charity, Kushner Companies Charitable Foundation, donated at least $18,000 to the American Friends of Beit El gala dinner this week. While this charity is “solely controlled” by Charles Kushner, Jared’s father,  FMEP’s Lara Friedman notes,

Under normal circumstances you would expect someone who has a background of activism related to Israel to be working very hard to take a step back from that to show that he can be a credible mediator. Not only is that not the case, it’s the opposite.

This week also revealed that during the time of the Trump transition period (election day to inauguration day), Kushner unsuccessfully worked to convince Russia to oppose U.N. Resolution 2334, on which the Obama Administration abstained (enabling it to pass) in December 2016. Some suggest that in doing so, Kushner and others working with him may have violated the Logan Act – which prohibits unauthorized citizens from interfering in foreign policy against the interests of the United States. Kushner’s involvement in these efforts was revealed (or confirmed, rather) in connection with the ongoing Special Counsel’s investigation into collusion between the Trump campaign and the Russians.

Yossi Alpher of Americans for Peace Now said it best:

In historical perspective, we will look back and recall that the settlements cause, already a disastrous symbol of Israel’s decline as a Jewish and democratic state, was also sullied by being caught up in a host of illegal, unethical and plain outrageous acts of collusion with Russia by Trump and his entourage.

Bonus Reads

  1. “Could Settlers Stay in a Future Palestinian State?” (Al-Monitor)
  2. “Israel Arrests 20 Palestinians in Fracas with Hiking Settlers” (Times of Israel)
  3. Secret amendment of Israeli order could cost 300 Palestinians their homes (Al-Monitor)
  4. Statements by FMEP grantees on President Trump’s announcement on Jerusalem (FMEP)

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