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

To subscribe to this report, please click here.

January 25, 2019

1. A 45-person Palestinian Family Will Be Evicted from Home in Sheikh Jarrah for the Benefit of Settlers
2. Bidding War Between Settlers and Palestinians Drives $3.27 Million Price for Sheikh Jarrah House
3. Settlers Impose Sabbath Closure on Palestinian Residents of Silwan; High Court Asks: Why?
4. Israel to “Examine” Two Cases of lllegal Outpost Construction
5. MK Bezalel Smotrich – A Radical Settler – Elected to Lead National Union Party
6. European Union Statement Lambasts “Givat Eitam/E-2” Settlement Plan
7. Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

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A 45-person Palestinian Family Will Be Evicted from Home in Sheikh Jarrah for the Benefit of Settlers

With the Israeli Supreme Court’s decision to refuse consideration of new information in the Sabbagh family eviction case, the Court has given a greenlight for Israeli settlers and their allies to not only evict the Sabbaghs but to continue pursuing the large-scale eviction of Palestinians from their homes in East Jerusalem based on the discriminatory “Legal and Administrative Matters Law of 1970.”  The Sabbaghs were ordered to vacate their home by January 23, 2019; as of publication, there have been no news about the status of the Sabbagh’s. United Nations officials Jamie McGoldrick (Humanitarian Coordinator), Gwyn Lewis (Director of West Bank Operations for UNRWA), and James Heenan (Head of OHCHR in the occupied Palestinian territory) released a statement calling on Israel to halt the eviction of the Sabbagh family “to prevent further displacement of these refugees, cease settlement construction, and abide by their obligations as an occupying power under international humanitarian law and international human rights law.”

According to Peace Now, the Sabbagh family is one of 175 Palestinian families in East Jerusalem that face eviction under the discriminatory law: 75 families in the Sheikh Jarrah neighborhood and 100 families in the Silwan neighborhood (specifically in the Batan al-Hawa section, where several Palestinian residents were recently handed eviction notices). What’s more, the Sabbagh family was believed to have the best chance at escaping eviction based on historic Ottoman documents relating to the land obtained by the family’s lawyer. These are the documents that Supreme Court Chief Justice Esther Hayut declined to consider this week. The Sabbagh family lawyer told Haaretz:

“Once again, families from Sheikh Jarrah are facing eviction and a second refugeehood. In Israeli courts, which refrain from hearing the residents’ just and substantive arguments, people are sentenced to refugeehood on procedural grounds.”

In advance of the Sabbagh’s eviction, protests erupted, and have continued for a second straight day, in support of the family and against Israeli settlement activity in East Jerusalem. Israeli and international protestors marched from the center of Jerusalem to Sheikh Jarrah, where they were joined by Palestinians in front of one of the homes where Palestinians are facing eviction. Daniel Roth, one of the protestors told +972 Mag:

“At the core of this whole thing is the idea that all people have a right to a home, and what’s going on here is that the powers that be are taking homes from some people because of their national identity, period. What we’re looking at is racist policy and action around people’s very homes, and that should wake people up to stand up with these folks.”

Under the “Legal and Administrative Matters Law of 1970,” which is being used to evict the Sabbagh family,  Jewish owners are afforded a legal avenue to reclaim property that they owned prior to the 1948 war which, as a result of the war, came under Jordanian rule. It should be noted that Palestinian refugees from that same war – who lost property in what became Israel – are not afforded an equivalent right to reclaim their abandoned property, creating a dual legal system in which ethnicity is the sole determinant factor when it comes to rights.

Exploiting the special standing granted to historic Jewish property owners, the settler group “Nahalat Shimon” has undertaken a campaign to track down the Jewish owners of coveted land in East Jerusalem that was under Jordanian rule, in order to purchase from them the property rights and then evict Palestinian tenants, most of whom have lived in these properties for more than 50 years. This is the context against which the 45-member Sabbagh family (who are themselves refugees of the 1948 war, but are not allowed to legally reclaim their family property in Jaffa) is being forced to leave their home of 60+ years. Following the Supreme Court’s January 10th decision to refuse the family’s request to consider new evidence in the case (based on the argument that it was too late), Israeli authorities delivered an eviction notice telling the family to leave before January 23rd.

Peace Now writes:

“This is part of an organized and systematic campaign of settlers, with the assistance of government agencies, to expel entire communities in East Jerusalem and to establish settlements in their stead. Dozens of other families face the risk of eviction by legal proceedings in which settlers and government officials exploit discriminatory laws that allow Jews to return to pre-1948 assets yet forbid Palestinians from doing the same. In this way, settlers seek to create a buffer inside the Palestinian neighborhood and make it difficult to reach a territorial compromise in Jerusalem so essential to a two-state solution.”

Bidding War Between Settlers and Palestinians Drives $3.27 Million Price for Sheikh Jarrah House

A bidding war erupted over a house in the Sheikh Jarrah neighborhood of East Jerusalem, pitting the Palestinian family living in the building against Aryeh King, a radical settler impresario behind many  settlement schemes across East Jerusalem. When the price hit $3.27 million (12 million shekels), King decided to withdraw his bid – allowing the Palestinian Abdel Razeq family to purchase the home, should they be able to raise the necessary funds.

If the family is able to raise the funds to buy the house, this would be a rare, albeit astronomically expensive, victory for Palestinians fighting to remain in their homes against an ongoing campaign by Israeli settler groups to “reclaim” Jewish property in East Jerusalem that was abandoned during the 1948 war.

As discussed above, under Israeli law, Jewish property owners are entitled to reclaim property in East Jerusalem that was abandoned during the war, while Palestinians who lost property in what became Israel have no similar right. King and other pro-settler activists take advantage of this law by tracking down Jews who owned property in sensitive areas of East Jerusalem prior to 1948 (Sheikh Jarrah being a key target), and convincing the owners (or their heirs) to sign over the property rights – all in order to evict current Palestinian tenants and move in Israeli settlers.

The case involving the Abdel Razeq family’s house did not go according to the settlers’ script.  A dispute broke out between members of the Jewish family who, under Israeli law, are heirs to the property. The case went to a Family Court, which ruled that the house should be sold through a public bidding process, with the proceeds to be split amongst the heirs.

Explaining his decision to drop out of the bidding, King took to social media to attack the Jewish family that is selling the property, saying:

“[it is] a black day for the Jewish people. A Jewish family is negotiating with the enemies of the Jewish people to sell a property that the family’s grandfather purchased a hundred years ago in East Jerusalem….I am full of shame that people act this way about a place that their grandfather bought out of Zionist motives and a place where soldiers paid with their lives and were wounded, and they sell it just to make another profit.”

King’s perspective on this – in essence, that Jews should sell only to other Jews – is notable, given recent controversy over a Palestinian who sold property to settlers. Israel and many supporters of Israel were outraged at what they saw as the anti-Semitic demand that Palestinians not sell property to settlers. In this latest case, the seller was arrested by the PA, leading the U.S. Ambassador to Israel, David Friedman, to tweet: “The Pal Authority has been holding US citizen Isaam Akel in prison for ~2 months. His suspected ‘crime’? Selling land to a Jew. Akel’s incarceration is antithetical to the values of the US & to all who advocate the cause of peaceful coexistence. We demand his immediate release.”

Settlers Impose Sabbath Closure on Palestinian Residents of Silwan; High Court Asks: Why?

On January 16th, the Israeli High Court of Justice ordered the Israel Nature and Parks Authority (INPA) and the radical Elad settler group to defend its practice of closing parts of the “City of David National Park” – a name that Israel has applied to an area that includes a large Palestinian residential section of Silwan – on the Jewish Sabbath, evenings, and on Jewish holidays. The closures deny Palestinians, including residents of Silwan, access to parts of the neighborhood.

As FMEP has repeatedly covered, the radical Elad settler group has managed the City of David National Park on behalf of the INPA since 2001. This arrangement that gives the settler group authority over not only areas controlled by settlers – whose interests Elad shares and promotes – but also thousands of Palestinians, to whom Elad has no legal responsibility and whose very presence is part of a “demographic balance” Elad is working actively to flip.

The petition which prompted the Court’s order was filed by the residents of Silwan and the Israeli nongovernmental archaeological group Emek Shaveh. Explaining the situation caused by Elad’s mismanagement of the City of David National Park, Emek Shaveh writes:

“The City of David National Park is situated at the heart of a populated, urban space. Extensive areas in the park are public spaces in a neighborhood that suffers from a chronic deficiency of such spaces. In 2015, the Elad Foundation placed gates and closed archaeological areas known as Area E and Area G (No. 6 and 7 and No. 3 on the map). These public spaces had been open to the residents at least as far back as the British Mandate. The gates that were placed are locked at closing time, thus blocking passage between two neighborhoods within the village. The site closes on the Sabbath and on Holidays as the Elad Foundation observes the Sabbath, thus restricting the local residents’ freedom of movement and use of public spaces. As most of Silwan’s residents work in West Jerusalem, Shabbat (Saturday) is their day of rest, yet it is on this day that the nearby green public areas are closed off to them.” 

Elad and the INPA have previously tried to defend the park closures on security grounds – citing alleged incidents of vandalism on park grounds. That defense was rejected by the Israeli Attorney General, who noted that no formal complaints about vandalism had been filed, and neither the Israeli police nor the Israel Antiquities Authority had be informed about the problem or Elad’s decision to close the park on religious occasions. Following the January 19th court order, Elad and the INPA have 60 days to submit a new defense.

Israel to “Examine” Two Cases of Illegal Outpost Construction

In response to petitions filed by Peace Now, on January 7th the State of Israel announced that it will “examine” two specific cases of illegal (under Israeli law) outpost construction: the Kerem Reim case and the Hayovel case, both located in the area controlled by the Binyamin Regional Council (the Israeli government-funded settlement municipal authority in charge of the area located north of Jerusalem stretching to north of Ramallah). The examination will be led by a police anti-fraud unit and the State Prosecutor’s Office.

As summarized in a recent report, Peace Now has previously filed numerous complaints and has provided evidence to the State Prosecutor’s office regarding the involvement of the Binyamin Regional Council and the Amana settler organization in the illegal construction of outposts and settlement structures.

Given the State’s demonstrated refusal to promptly respond to the complaints by opening an official investigation into the criminal activity, Peace Now cautions that this latest move to “examine” the cases is problematic, saying:

“an examination is an ambiguous, non-legal term that comes in lieu of a proper, legal investigation. An ‘examination’ may just be the state’s tactic to mollify the High Court by showing that it is serious looking into the matter, though without actually taking any substantive action.”

In addition to Peace Now’s documentation, the Israeli State Comptroller’s office published a July 2018 report exposing the criminal involvement of the Binyamin Regional Council and the Amana settler organization in illegal settlement construction.  

Peace Now also released an official statement saying:

“For 50 years now, a handful of settlers have been using public funds through the settlement councils and Amana to put facts on the ground that affect the future of all of us in violation of the law and of the government’s decisions. The hesitation of the State Prosecutor’s Office and the police to investigate the organized crime of illegal construction in the settlements is tantamount to granting immunity to the offenders and shows a lack of respect for the rule of law. The message the government is sending to the settlers is that they are above the law.”

In 2017, Peace Now published a comprehensive report outlining how government and private entities are systematically using Israeli taxpayer money to establish new settlements and outposts.

MK Bezalel Smotrich – A Radical Settler – Elected to Lead National Union Party

MK Bezalel Smotrich has been elected to take the reins of the extreme right-wing nationalist political faction, called the National Union Party. With leadership secured, Smotrich aims to next be chosen to lead Habayit Hayehudi – an umbrella group which unites the far-right factions into a single voting bloc – following Naftali Bennett’s decision to leave Habayit Hayehudi and form a new political party alongside Ayelet Shaked.

Smotrich currently lives in the Kedumim settlement, but his house is located inside of an enclave of privately owned Palestinian land that is not included in the settlement’s Master Plan, making it illegal even under Israeli law.

Smotrich is a co-founder of Regavim, a radical settler group that works to dispossess Palestinians of their land and property in the West Bank by “helping” the Israeli government to enforce planning and building laws. Like Smotrich, many of Regavim’s key staff live in illegally built settlement units, but instead of seeking to enforce Israeli law against their own illegal building, Regavim and Smotrich are working to retroactively legalize their own homes through legislation.

Beyond the headlines, Smotrich has been an extremely active member of the Knesset, and is behind many of the boldest and most brazen legislative attempts at annexation. Some of Smotrich’s recent efforts include:

1. Introducing the “Young Settlements Bill,” which would direct the government to treat 66 illegal outposts built on privately owned Palestinian land as legal settlements, while giving the government 2 years to find a way to retroactively legalize those outposts. The bill would also freeze any/all legal proceedings against the outposts and requires the government to connect the outposts to state infrastructure including water and electricity; provide garbage removal; and approve budgets for them. The law also allows the finance minister to guarantee mortgages for settlers seeking to buy units in these outposts, even before the legal status of the land is resolved (a remarkable state-directed violation of normal practices in the mortgage industry). The bill received government backing on December 16, 2018, and will next need to be introduced in the Knesset, where it must pass three readings to become law.
2. Calling for the Israeli Civil Administration to be disbanded, in a scheme that would annex the entire West Bank to Israel, leaving the Palestinians bantustans to be governed by “Regional Liaison Committees.”
3. Leading the charge for the Knesset to fund a new municipal body for Israeli settlers in Hebron, despite a court injunction freezing government plans to create such a body.
4. Introducing a bill that would hand over more land in Area C of the West Bank to the World Zionist Organization.

European Union Statement Lambasts “Givat Eitam/E-2” Settlement Plan

On January 22, 2019, the European Union presented a statement at the United Nations Security Council Open Debate representing the view of its member states that:

“Today there is a risk of further escalation that would move Israelis and Palestinians further away from an end to the conflict. This risk is compounded by the advancement in December 2018 of Israeli plans for over two thousand settlement units and renewed plans to “legalise” West Bank outposts. The allocation of an area south of Bethlehem for the purpose of planning a new settlement (Givat Eitam) constitutes a serious blow to the viability of a two-state solution. The European Union’s position on Israeli settlement policy – including eviction of Palestinians – for example in Sheikh Jarrah – and related activities in the occupied Palestinian territory is clear and remains unchanged: all settlement activity is illegal under international law and it erodes the viability of the two-state solution and the prospects for a lasting peace – as reaffirmed by UNSCR 2334.”

For FMEP reporting on the Givat Eitam/E-2 settlement, see the January 4th edition of the Settlement Report.

Bonus Reads

1. “The Israeli-Palestinian Conflict is Not a Bankruptcy Sale” (Lawfare Blog)
2. “When Freud Visits Israeli Civil Administration in the West Bank” (Haaretz)
3. “A Guided Tour of Hebron, From Two Sides of the Occupation” (The New Yorker)
4. “Another Step Toward the Annexation of the West Bank” (Haaretz)
5. “Israel’s Apartheid Road is About More Than Segregation” (+972 Mag)

 

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

To subscribe to this report, please click here.

December 7, 2018

1. Looming Mass Eviction in Silwan, Part 1: High Court Rules that Settler Organization Can Pursue Eviction of 700 Palestinians in Batan Al-Hawa Section of Silwan
2. Looming Mass Eviction in Silwan, Part 2: Elad Settler Org Wins Eviction Case Against Palestinians in Wadi Hilweh Section of Silwan
3. Israel to Fast-Track Two Settlement Plans in Sheikh Jarrah
4. Justice Ministry Finalizes Legal Opinion to Retroactively Legalize the Haresha Outpost
5. Three Illegal Outposts (& Ariel) Are Now “National Priority Areas” Eligible for Government Subsidies
6. High Court Rules the Jewish National Fund is the Legal Owner of Land South of Bethlehem
7. Israel Seizes Jordan Valley Land Owned by the Catholic Church
8. Israeli Civil Administration Report Criticizing Yitzhar Settler Violence Leads to Renewed Calls to Annex the West Bank
9. After IDF Killed Two Palestinians, Civil Administration Grants Settlers Victory in Struggle Over Hilltop
10. The New Mayor of Jerusalem, Moshe Lion, On Settlements
11. Al-Shabaka Policy Paper: “The EU & Jerusalem”
12. Breaking the Silence Report – “Occupying Hebron: 2011-2017”
13. U.S. Chatter on Economic Coexistence Initiatives (Which Normalize Settlements/Occupation) Provokes Strong Palestinian Response
14. Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

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Looming Mass Eviction in Silwan, Part 1: High Court Rules that Settler Organization Can Pursue Eviction of 700 Palestinians in Batan Al-Hawa Section of Silwan

On November 22nd, the Israeli High Court of Justice ruled that the settler organization Ateret Cohanim can continue to pursue the eviction of 700 Palestinians from their homes in the Batan al-Hawa section of the Silwan neighborhood in East Jerusalem. This would be the largest displacement of Palestinians from East Jerusalem since 1967.

The High Court’s ruling did not decide the central issues in the case, which call into question Ateret Cohanim’s ownership of the land through its control of an historic Yemenite land trust (the Benvenisti Trust). The High Court reserved those issues for the Jerusalem Magistrate’s Court to decide as part of its consideration of individual eviction cases.

In its ruling, the High Court criticized of the government’s involvement in the case, specifically calling out the role the government played in transferring ownership of the land to Ateret Cohanim without properly informing the Palestinian residents. The High Court ruling said:

“We can’t continue without expressing surprise at the state’s assumption that a decision so significant to the lives of hundreds of people – ‘liberating’ the property on which they have lived for many years [and transferring it] to other hands – isn’t the kind of thing that ought to be publicized through reasonable means. Even the precise identity of the property’s residents wasn’t known, and that’s the interpretation kindest to the state…Evicting people who have lived on this land for decades – some of them without even knowing that the land belongs to others – creates a human problem. Especially when it’s done without compensation or any other solution. It seems the state would do better to consider providing a solution, in appropriate cases, for those evicted from their homes. Property rights are important, but it’s also important to defend people’s homes.”

B’Tselem commented:

“The judgment proves, yet again, that the Israeli High Court gives its seal of approval to almost any infringement of Palestinians’ rights by the Israeli authorities.”

Ateret Cohanim has waged a years-long eviction campaign against Palestinians living in Silwan, on property the settler NGO claims to own, based on its control of the historic 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 claims to the currently existing buildings, saying that the trust only covered the old buildings (none of which remain standing) and not the land. Despite ongoing legal challenges, in October 2018 the Jerusalem Magistrate’s Court ruled in Ateret Cohanim’s favor in one of the cases connected to the Benvenisti Trust’s claim to the buildings there – resulting in the eviction of the last remaining Palestinian tenants (the Abu Sneina family) from a building in area of Silwan known as Batan al-Hawa.

The ruling this week does not give a final decision to the underlying questions of ownership, but it allows Ateret Cohanim to proceed – from a strengthened position – in its legal efforts to evict Palestinians from their homes.

Looming Mass Eviction in Silwan, Part 2: Elad Settler Org Wins Eviction Case Against Palestinians in Wadi Hilweh Section of Silwan

On December 5, 2018 the Jerusalem Magistrate’s Court upheld the eviction of a Palestinian family – the Siyams – family their home in the Wadi Hilweh section of Silwan, in East Jerusalem, just 820 feet from the southern wall of Al-Aqsa Mosque. Like Ateret Cohanim (see above), the Elad settler organization has been waging a years-long legal battle to take control homes in Silwan, including a 20-year battle to take control of the Siyam family home, which Elad insists legally purchased it.

The Court ruling this week was the first ruling in the settlers’ favor. The Siyam family announced plans to petition the ruling to the Jerusalem District Court.

In response to the ruling, Peace Now said:

“This case is an example of how the settlers manage to take control of Palestinian property in East Jerusalem by combining manipulations, money, forgery and significant aid from the Israeli authorities. It is not a regular case between equal sides, but a story of David and Goliath, and the settlers are the Goliath. There is a settlers organization with almost unlimited financial resources and enormous political power against an ordinary Palestinian family that has been forced into court for more than 20 years, to invest tremendous resources in legal defense and to deal with various and varied purchase claims. This way the settlers are causing great damage to Israel when they harm the delicate fabric of life in Jerusalem and the possibility of compromise in Jerusalem and a two-state solution.”

Israel to Fast-Track Two Settlement Plans in Sheikh Jarrah

Ir Amim reports that the Jerusalem District Planning and Building Committee will meet on December 23rd to fast-track the approval of two plans for a total of 13 new settlement units in the Sheikh Jarrah neighborhood of East Jerusalem. The plans put approximately 5 Palestinian families at imminent risk of eviction.

On December 23, the Committee will discuss public objections to plans for the two settler building (one for 10 units and one for 3 units), which if approved, will result in the eviction of 5 Palestinian families.

Ir Amim further explains:

“The two plans in Sheikh Jarrah are being pushed by city councilperson and settler leader Arieh King, a close ally of Jerusalem’s just inaugurated mayor, Moshe Leon. King has recently joined the new mayor at several public events and is said to be eyeing a deputy mayor position in the new administration.”

+972 Magazine has an excellent piece on the resumption of evictions and settlement takeovers in Sheikh Jarrah, which have been stalled since 2009, in part due to international pressure. A prominent figure in the Sheikh Jarrah resistance movement, Saleh Diab, said:

“Ever since Trump said last year that Jerusalem belongs to the Jews, we have been feeling the change. The settlers are working quickly to evict us before the American administration changes…How will we go back to the days of protests? The police today are like the police in [apartheid] South Africa. Israelis who stood alongside us were fired from their jobs because of their views…Like in Khan al-Ahmar, they are trying to expel an entire community and turn us into refugees for a second time.”

PLO Spokeswoman Hanan Ashrawi released a statement saying:

“Since the beginning of the year, Israel has accelerated and intensified its efforts to entrench its colonial military occupation, especially in and around occupied Jerusalem…Israel’s extremist, racist government coalition headed by Prime Minister Benjamin Netanyahu is deliberately and systematically working to complete the total annexation and isolation of Jerusalem from its Palestinian environs and surrounding areas, as well as the distortion of the occupied city’s demographic, historical and cultural character…These measures pose a strategic threat to Palestinian human and national rights, especially through the imposition of new and ‘permanent’ realities on the ground that deliberately undermine the achievement of Palestinian statehood…At a time when the rights-based international system is under threat, the reality and future of Jerusalem is a litmus test for the world and the integrity of its legal and political system. It is our hope that the global community and people of conscience will rise to the challenge and defend the universality and indivisibility of human rights. The world must not fail Jerusalem.”

Justice Ministry Finalizes Legal Opinion to Retroactively Legalize the Haresha Outpost

On December 6, 2018, Israel Justice Minister Ayelet Shaked announced a new legal opinion that permits the Israeli government to proceed with its plan to retroactively legalize the Haresha outpost by building an access road through privately owned Palestinian land.  According to the new opinion, the Israeli government is permitted to “temporarily seize” the privately owned land to build a tunnel underneath it leading to the outpost, though it leaves open the possibility for the government to permanently expropriate the land in the future. The lack of an access road has until now prevented the Israeli government from retroactively legalizing the entire Haresha outpost; once the access road is deemed legal, the government is expected to act quickly to legalize it and pursue plans to build more settlement units there. 

Israeli Attorney General Avichai Mandelblit – who signed off on the new Justice Ministry opinion – in November 2017 released a different legal argument in favor of permanently expropriating the land to legalize the access road, arguing that settlers are part of the “local population” of the West Bank and are therefore eligible to be the sole beneficiaries of land seized for “public use” (the access road is not open to Palestinian traffic). The opinion released this week, which cites Mandelblit’s previous opinion, finds yet another way to accomplish the same goal, by temporarily seizing the land to build a permanent tunnel for the settlers underneath it.

Justice Minister Ayelet Shaked said:

“From the beginning of my current term I have set a goal of normalizing the lives of the residents of Judea and Samaria and normalizing as many communities as possible. We have gone from a discourse of eviction to a discourse of normalization. These actions are in addition to the strengthening of the communities by other means, such as the transfer of authority in matters of Judea and Samaria from the Supreme Court to the Administrative Affairs Court in Jerusalem, as well as the equalization of legislation for Judea and Samaria…I will continue to work for the normalization of additional communities in Judea and Samaria. I thank Attorney General Avichai Mandelblit, Deputy Attorney General (Erez) Kaminitz and the Legal Advisor for the Judea and Samaria Area for their important activity on the issue.”

Peace Now told the Times of Israel:

“This move is a mockery of justice. Since the Regulation Law is tied up in court, the Ministry of Justice is yet again using every crooked justification it can concoct to expropriate private Palestinian land in order to dissect the West Bank with settlements until they have achieved their one-state apartheid agenda.”

Dror Etkes, founder of the anti-settlement watchdog group Kerem Navot, wrote:

“the outpost of Haresha, comprised of about 100 illegal structures, is of course not the story here. The story that the settlers are striving to resolve, with Mandelblit’s help, involves hundreds (yes hundreds!) of roads that have been illegally paved for decades around settlements and outposts, on land that even Israel recognizes as privately-owned. Now, with a little creativity and a lot of nerve, a legal mechanism has been invented to enable settlers to retroactively authorize the road system, without which the national land grab enterprise championed by Israel in the West Bank, can’t function.”

Three Illegal Outposts (& Ariel) Are Now “National Priority Areas” Eligible for Government Subsidies

On November 26th, Israeli Housing Minister Yoav Gallant announced that three illegal outposts – Kerem Reim, new Migron, and Shvut Rachel – will be considered “national priority” areas for development, marking the first time that illegal outposts are eligible for significant government subsidies to encourage growth.

In order to include the outposts, the Israeli Housing Ministry wrote and adopted a new criteria to make “neighborhoods located far from a ‘parent town’ that do not rely on the infrastructure of said town” eligible for priority status. For the purposes of the government subsidies plan, Kerem Reim is considered a “neighborhood” of the Talmon settlement, New Migron is considered a “neighborhood” of the Kochav Yochav settlement, and Shvut Rachel is considered a “neighborhood” of the Shilo settlement.

Though the Israeli government has rewritten its laws to consider these “children” outposts as “neighborhoods” of existing, government-approved settlements, they are, in fact, independent settlements. This fact is underscored by the Housing Ministry’s new criteria which admits that the outposts do not share the same infrastructure systems as the settlements of which they are considered a part (and, indeed, rewards that fact).

The Ariel settlement was also re-designated as a national priority area (having been previously selected and then later removed from the list), among a total of 583 communities from both sides of the Green Line. The selected communities, settlements, and outposts will benefit from massive government subsidies, including at least 50% of infrastructure costs for the construction of new housing. Israelis seeking to purchase a home in the selected communities will receive government loans and forms of assistance.

Haaretz reports Housing Minister Yoav Gallant remarked:

“it is a social and national duty to prevent negative migration from distant towns and to enable them to thrive and prosper.”

The Jerusalem Post quotes Gallant as saying that the decision to include the outposts:

“is a clear statement by the government that it will continue to develop and strengthen the settlements.”

High Court Rules the Jewish National Fund is the Legal Owner of Land South of Bethlehem

On November 28, 2018 the Israeli High Court of Justice ruled that the Jewish National Fund is the legal owner of 130 acres of  land south of Bethlehem, ending a 22-year legal battle over ownership claims. Palestinians from a nearby village challenged the validity of the sale of the land to the Jewish National Fund when the organization moved to register its ownership of the land with the Israeli Civil Administration in 1996.

This week, the Court held that the Jewish National Fund (via its subsidiary company, Himnuta) had legally purchased the land in 1944 from its original Palestinian owners. The ruling will allow the settlers to move forward with plans for building more settlement units on the land, which is already home to one settlement, Rosh Tzurim, and to the headquarters of the Gush Etzion Regional Council.

The head of the Gush Etzion Regional Council, Shlomo Ne’eman, celebrated the ruling, saying:

 

“the task of expanding the lands of Gush Etzion is a national mission. The Supreme Court’s ruling gives us optimism that the court’s position will benefit the Jews and Jewish land in Judea and Samaria and will not automatically rule in favor of the thieving claims of the Arab intruders.”

Israel Seizes Jordan Valley Land Owned by the Catholic Church

On November 27, 2018, the Israeli Civil Administration announced that it is seizing 66 acres of land in the northern Jordan Valley that is owned by the Catholic Church. The Civil Administration said the land was needed for “military purposes.”

The Latin Patriarchate of Jerusalem responded to the seizure in a statement, saying:

“The Patriarchate is looking into the aspects of this decision in order to address it in the appropriate manner, have it contested and to stop further damage.”

Israeli Civil Administration Report Criticizing Yitzhar Settler Violence Leads to Renewed Calls to Annex the West Bank

An Israeli news outlet, Kan 11 news, revealed the existence of a new Civil Administration report that criticizes the Yitzhar settlement. According to Kan 11, the report states that Yitzhar is a source of violence that “undermines governance and the rule of law.”

In addition to documenting the violence perpetrated by Yitzhar residents against Palestinians living nearby, the report also documents incidents of Yitzhar settlers attacking Israeli forces. The report calls on the IDF Commander Maj. Nadav Padan to punish the Yitzhars settlers by scuttling plans to build a new kindergarten and by ceasing to guard dangerous roads around the settlement and its many outposts.

In response, Yossi Dagan (head of the Samaria Regional Council, a settlement municipal body) called for the author of the report to be fired, saying:

“Officials in the Civil Administration are torpedoing the approval of security elements which could have prevented terrorist attacks in threatened settlements such as Itamar, and in the Barkan industrial zone before the attack, as well as narratives of the Palestinian Authority and radical left-wing organizations.This is an example of the evil in the civil administration. I call on the head of the Civil Administration to remove the clerk … who acts like a politician and not as is required. This report is malicious and false. The Yitzhar leadership is leading the community in a good and positive direction, and this report has nothing but lies. This is the total loss of control of the Civil Administration. While murderers with the blood of Israelis on their hands, the Civil Administration refrains from punishing the sources of terror out of statements that this is collective punishment, and now they want to create collective punishment for the Jews. The head of the Civil Administration and the deputy defense minister should call this clerk for a hearing before his dismissal.”

In response to the report’s recommendations, MK Bezalel Smotrich (HaBayit HaYehudi) called for the entire Civil Administration to be disbanded. Smotrich announced that he will seek government backing for a bill to achieve that end during the next meeting of the Israeli Cabinet, scheduled for December 9th. Under the bill, Israeli settlers in the West Bank will come under the full sovereignty of domestic Israeli institutions, while Palestinians will be ruled by “Regional Liaison administrations.” The bill would effectively annex the entire West Bank to Israel.

Smotrich said:

“The Civil Administration must be shut down now. This document reflects a political agenda that is hostile to the settlement enterprise and to the local residents, [an agenda] which unfortunately is expanding in this unnecessary body…This is the same Civil Administration that for years has pushed for a policy of separation between Arabs involved in terrorism and the rest of the Arab population. Now it suddenly remembers to use collective punishment against Jewish residents…for years now, the residents of Judea and Samaria, who are equal citizens who serve in the army and in the reserve and who pay taxes, are not entitled to equal rights and receive inferior service from the Civil Administration instead of receiving optimal service from government ministries like all citizens of Israel. The time has come to fix that.”

After IDF Killed Two Palestinians, Civil Administration Grants Settlers Victory in Struggle Over Hilltop

On November 29th, Haaretz reported the tragic story of two Palestinians who were shot and killed by Israeli forces while protesting attempts by Israeli settlers to take over a hilltop belonging to the Palestinian village al-Mazra’ah al-Qibliyah, just north of Ramallah. Following a clash on October 26th, in which the IDF opened fire on Palestinian protesters – killing the two men – the IDF issued a military order closing the hilltop  – known as Khirbet Na’alan – to Palestinians on Fridays. As Haaretz notes, the military order was a victory for the settlers, who have been aggressively trying to take over the hilltop since July 2018.

The residents of al-Mazra’ah al-Qibliyah have fought against the increasing encroachment of the Talmon settlement and its seven illegal satellite outposts, which collectively surround the village. Having seen several outposts take over their land illegally and under the protection of the IDF, Palestinians began actively trying to prevent the takeover of the Khirbet Na’alan hilltop. The settlers waged their own campaign to harass and intimidate the village, often entering the village at night to paint hateful messages and damage Palestinian property. Each Friday, the settlers would go pray at the site.

In response to petitions filed by Palestinians, the Israeli Civil  Administration issued an order barring the settlers from accessing the hilltop. On the same day the villagers found out about the order, they watched 10 settlers from the Kerem Reim outpost (which was recently selected as a “national priority area” to encourage growth, see above) approach the hilltop with heavy IDF protection. It was on this day that the IDF opened fire on a group of Palestinians protesting the incursion, killing two and wounding many others.

Video of the bloody incidents shows the IDF opening fire at an incredibly close distance, and at least 10 Palestinians falling down amidst gunfire.

The New Mayor of Jerusalem, Moshe Lion, On Settlements

In a thorough analysis of the recent Jerusalem Municipal elections, Terrestrial Jerusalem’s Danny Seidemann shared key insights into what may be in store for settlement activity under Jerusalem’s new mayor, Moshe Lion. Seidemann writes:

“Lion emerged from the ranks of the less ideological elements in the Likud. However, support for East Jerusalem settlements and settlers is so deeply ingrained even in this segment of the party as to be second nature. Lion never mentioned the Palestinians of East Jerusalem in his campaign, and actively cooperated with Aryeh King, who represents the right-wing fringe of the East Jerusalem settlers. Consequently, it is highly likely that Lion will continue to do the bidding of the settlers in East Jerusalem, and to neglect the Palestinian sector. Nothing in his world view or the way he understands his political interests suggests otherwise.”

Al-Shabaka Policy Paper: “The EU & Jerusalem”

Al-Shabaka analyst Yara Hawari published a new paper exploring options for European Union member states to push back on U.S. policy and Israel’s annexation of Palestinian land. Hawari writes:

“The US embassy move has accelerated and legitimized a process of de-Palestinianization of Jerusalem that began over seven decades ago. In the absence of concrete pressure, Israel will continue to violate the fundamental rights of the Palestinian people in Jerusalem and the rest of historic Palestine, with the full support and encouragement of the Donald Trump administration as well as its far-right allies within Europe and in Latin America. Despite the inaction described above and the global political shift to the right, there remains potential for the EU to pressure Israel and pursue Palestinian human rights. This is due to strong European popular support for Palestinian rights and sovereignty that has allowed grassroots solidarity networks to grow, as well as the fact that the EU is premised on international law and human rights…”

Breaking the Silence Report – “Occupying Hebron: 2011-2017”

Breaking the Silence released a new compilation of testimonies from Israeli soldiers who served in the Hebron area. Breaking the Silence writes:

“The Israeli settlement in the heart of the city of Hebron marked its 50th anniversary this year. Its story is a microcosm of the occupation: contempt and disregard for the rule of law, daily violence, deprivation of Palestinian residents’ basic rights, and a military system that preserves all of the above. This booklet of testimonies intends to offer the public a glimpse of the reality in Hebron from our perspective as soldiers deployed there. These testimonies were given by soldiers who served in the city from 2011-2017. They reveal the violence and discrimination that have become an inextricable part of life in Hebron, and their impact on the lives of Palestinian residents.”

The online portal for the report also has an interactive map, where users can see where each incident took place against the backdrop of Hebron’s closed streets, religious sites, and settlement enclaves.

U.S. Chatter on Economic Coexistence Initiatives (Which Normalize Settlements/Occupation) Provokes Strong Palestinian Response

Top U.S. negotiators have continued hinting about a major economic element to the yet-to-be-unveiled “deal of the century.” As FMEP has documented to this point, Ambassador David Friedman has met with Israeli and Palestinian businessmen in a bid to promote joint projects in the Occupied Territories in a way that normalizes Israeli settlements and annexation bids.

On  November 28th, Ambassador Friedman was interviewed by the Christian Broadcast Network. Part of the transcript of the interview reads:

Question: “One of the aspects of the peace plan seems to be a relationship between Palestinian businessmen and Israeli businessmen. Some would say you crossed a red line when you crossed the green line into Ariel officially. What was the importance of that meeting?”

Friedman: “On a practical level, I met with, I don’t know, maybe 8 or 10 Palestinian business leaders and, to a person, they all said to me, ‘let’s do business, let’s get going. We want to work with Jews; we want to work with Israelis.’… I try to look at everything from a lens of what is best for the United States. That’s my job. I represent the United States. But look, we are a nation under God; we’re built on Judeo-Christian values. Much as I try I cannot help but see the majesty of God’s work and all the miracles that happen in this incredible country.”

U.S. Special Representative for International Negotiations, Jason Greenblatt, wrote an op-ed also emphasizing, among of myriad of accusations against the Palestinian Authority, that the U.S. is hoping to jump-start economic development, separate from its “plan” to resolve core issues. The article reads:

“While waiting for a possible political solution, it is high time to build the Palestinian economy and provide Palestinians with the opportunities they deserve…We know that the Palestinians are not interested in mere economic peace. The Trump Administration continues to strive for a peace agreement, but the Palestinians need economic help now – with or without a peace agreement. The technology sector in the West Bank and Gaza has great potential and can be developed without treading into the politically contentious core issues of the conflict…I continue to meet with ordinary Palestinians and what is striking is that, although they complain about the Trump Administration’s policies, they remain focused on their economy…Palestinians are a proud people and want to create and earn on their own. They believe, as I do, that Palestinians should be allowed to improve their economy without worrying about whether they will give up on their national cause…Let’s be real – 136,000 Palestinians commute to work with Israelis every day because the opportunity is there. Anti-normalisation is a failed policy that only hurts the Palestinians. Let’s allow Palestinians to thrive in the way they are educated, capable of and deserve. We won’t tire of trying to resolve the political conflict (and certainly Palestinians won’t either), but we must focus on helping the Palestinian economy where we can, before it is too late.”

Palestinians reacted strongly to Greenblatt’s screed. Saeb Erekat, chief Palestinian negotiator, wrote in response:

“…economic desperation is seen by the Trump administration as an opportunity to force Palestinians to normalise Israel’s occupation, to legitimise its settlements and its whole system of oppression. The administration has been trying to divide Palestinians by claiming that the Palestinian leadership is preventing economic growth. However, there is a consensus among our people that the primary responsibility for our grave financial situation is the Israeli occupation.”

Hani Masri, a Palestinian political analyst, said:

“Trump thinks that what the Palestinian leadership has rejected can be passed through the people, but the majority of Palestinians will not positively absorb or accept what Greenblatt is promoting. There are economic interests between the Palestinians and Israelis, however the political issue is a different subject and can’t come at the expense of the legitimate rights of the Palestinians.”

Elsewhere, at an event hosted by the Brookings Institute, former peace negotiator Dennis Ross promoted draft legislation in the U.S. Congress that would invest heavily in joint economic projects in the West Bank which normalize the settlements. The Jewish Insider summarizes:

“[Dennis] Ross praised current draft legislation in Congress that would give upwards of $150 million to joint Israeli and Palestinian projects: [Ross:] ‘Cutting $10 million for projects that are joint projects between Israelis and Palestinians, the rationale for that is hard to grasp. If there is one thing that we should be doing [it is] demonstrating that when Israelis and Palestinians cooperate there’s a payoff for it. And that ought to be elementary. That ought to be just a given. Anything you’re doing should be to designed to elevate the payoffs of practical tangible cooperation.’”

Finally, the Friends of Beit El organization (previously headed by now-Ambassador David Friedman) hosted a star-studded fundraiser in New York to raise funds for and awareness of the Beit El settlement. It was attended by two Members of Congress and the speaker of the Israeli Knesset Yuli Edelstein, who told the crowd:

“Independence, sovereignty, will eventually come to Judea and Samaria and many more houses with be built in order to reach the number we all dream — a million Jews in Judea and Samaria.”

Notably, the mention of Rep. Nancy Pelosi, the newly elected Speaker of the House, elicited boos from the crowd.

Bonus Reads

1. “Annexation – at what cost?” (Times of Israel)
2. “Leftists on tour in Hebron confirmed in view that settlers ‘have already won’” (Times of Israel)
3. “Shaked touts ‘confederation’ of Jordan WEst Bank, and Gaza” (Times of Israel)
4. “Inside the Evangelical Money Flowing Into the West Bank” (Haaretz)

 

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

To subscribe to this report, please click here.

November 21, 2018

1. Supreme Court Upholds Eviction of 40 Palestinians in Sheikh Jarrah, More Likely to Follow
2. New Report Calls on AirBnB, Booking.com to Stop Listing Rentals Located in West Bank Settlements
3. Settler Council Uses Taxpayer Money to Finance Illegal Construction of a Racetrack in Jordan Valley
4. Knesset is Advancing a Bill to Give More Land in Area C to the World Zionist Organization
5. Conference in Knesset Will Make Case for Evacuating Settlers from Hebron
6. Bonus Reads

Questions/comments? Email kmccarthy@fmep.org

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Supreme Court Upholds Eviction of 40 Palestinians in Sheikh Jarrah, More Likely to Follow

On November 15th, the Israeli Supreme Court denied an appeal that would have delayed the eviction of 40 members of a Palestinian family, the Sabags, from their homes in the East Jerusalem neighborhood of Sheikh Jarrah. The appeal asked the Court to take the time to reconsider ownership claims to the land. In denying the appeal, the Supreme Court upheld Israeli Jewish ownership claims to the plot of land based on its purchase in 1876. The eviction is expected to take place within months.

The land in question was abandoned during the 1948 war and was under Jordanian rule until 1967, during which time homes were built on it, including the those inhabited by the Sabag family. Notably, while Israeli law provides Jewish residents with the right to reclaim property lost in the 1948 War, it affords Palestinians no similar right to return to, or reclaim, property lost in that same war.

Responding the Supreme Court decision, 71-year old Mohammad Sabag said:

“We have two houses in Jaffa, on Hasneh Street and Hagidam Street, and we have 250 dunams [62.5 acres] in Yavneh and also in Ashdod. Why can’t I ask for my property from before 1948?”

In the early 2000s a company named Nahalat Shimon International (reportedly registered in Delaware, USA), “purchased” land in Sheikh Jarrah from the Jews who owned it prior to the 1948 war. Since then, Nahalat Shimon has been undertaking legal action to evict Palestinians. In 2009 the first eviction took place – sparking a sustained protest in the Sheikh Jarrah neighborhood which has garnered international attention.

The Sabag family has been fighting Nahalat Shimon’s attempts to evict them since 2008, claiming that the land was not properly registered with the Ottoman Empire prior to 1948, leaving ownership of the plot unclear. Settling the matter definitively, the Israeli Supreme Court refused to reconsider ownership claims to the land, saying that the statute of limitations has long since expired.

Looking at the broader impact of the ruling, Haaretz noted:

“The ruling will also make it very difficult for dozens of other Palestinian families in Sheikh Jarrah to avoid eviction.”

New Report Calls on AirBnB, Booking.com to Stop Listing Rentals Located in West Bank Settlements

A new report by Kerem Navot and Human Rights Watch details how online rental companies like AirBnB and Booking.com perpetuate Israel’s discrimination against Palestinians by listing rentals located in illegal Israeli settlements in the occupied West Bank. The report, entitled “Bed and Breakfast on Stolen Land,” details how rentals in West Bank settlements run afoul of the companies’ own business and human rights principles, and contribute to the economic viability and legitimization of the settlement enterprise.

On the eve of the report’s publication, AirBnB announced that it will remove 139 rental listings located in West Bank settlements, 15 of which are built on land which Israel has acknowledged is privately owned by Palestinians. Following AirBnB’s announcement, Booking.com signalled that it would not remove its listings from settlements, insisting that all their practices accord with all applicable local (Israeli) laws. According to Human Rights Watch, Booking.com has 26 rentals listings in settlements, 2 of which are located on privately owned Palestinian land that Israel expropriated for “public use” and then designated for the exclusive use of settlements.

Following AirBnB’s announcement, Human Rights Watch released a statement saying:

“By delisting rentals in illegal settlements off-limits to Palestinians, Airbnb has taken a stand against discrimination, displacement, and land theft. The continued business activities of Booking.com and other companies in settlements contribute to entrenching a two-tiered discriminatory regime in the West Bank.”

AirBnB’s decision sparked outrage and immediate calls for action from Israeli government officials, who are promoting several ways to retaliate against AirBnB. Officials have said that Israel will restrict AirBnB’s operations in sovereign Israeli territory and also levy a special new tax on its operations in light of its boycott of the settlements. Israeli Strategic Affairs Minister Gilad Erdan – whose responsibilities include fighting boycotts, divestment, and sanctions (BDS) – urged Israeli AirBnB hosts in settlements to sue the company. Israeli Tourism Minister Yariv Levin announced that the Israeli government will consult with the U.S. government in order to assist Americans in suing AirBnB (which is based in San Francisco); 24 states including California have passed anti-boycott legislation intended to stop U.S. companies and individuals from participating in boycotts of Israel and/or Israeli-controlled territories (i.e. settlements), though unless AirBnB is competing for government-funded contracts in these states, there is no basis to use these laws against it. Eugene Kontorovich, who self-identifies as a key figure in drafting the anti-boycott (but really anti-free speech) laws for states, called AirBnB’s decision “anti-Semitic.”

Peace Now released a statement slamming the Israeli government response, saying:

“Even if Netanyahu and Bennett refuse to see the Green Line, the rest of the world differentiates between Israel and the occupied territories. International companies are interested in doing business with Israel but are not ready to accept the continuation of military control over millions of Palestinians.”

Two years ago, +972 Magazine was first to report on the discriminatory and illegal nature of companies which list rentals across the Green Line, in what the international community considers as territory being held by Israel under military occupation.

Settler Council Uses Taxpayer Money to Finance Illegal Construction of a Racetrack in Jordan Valley

A freedom of information request filed by Peace Now and the Movement for Freedom of Information revealed that the Jordan Valley Regional Council – which Israeli municipal body thas authority for over settlements in the Jordan Valley and is responsible for enforcing building laws – is directly financing the illegal construction of a state-of-the-art car racing complex near the Jordan Valley settlement of Petza’el.

As +972 Mag and Kerem Navot revealed in August 2017, the large complex is being built partially on land that the Israeli army previously declared a closed firing zone, a designation which resulted in the forcible displacement of Palestinians who lived there. The land remains under this designation today.

In light of the track’s encroachment into the closed firing zone, the Israeli Civil Administration – the arm of the Israeli Defense Ministry that acts as the sovereign power in the West Bank – issued a stop-work order against the construction in February 2017 (which settlers ignored). Demonstrating that, as usual, law-breaking pays off for settlers, the Civil Administration also announced that it was considering a “master plan” for a touristic site – including a hotel – in the same area (with the development designed not to cross into the firing zone).

Despite the Civil Administration’s intervention and promise of a pay-off, the Jordan Valley Regional Council transferred NIS 284,000 (around $8,000) in 2017 for the construction of the racetrack, and then approved NIS 5,615,000 (around $1.5 million) for the project in 2018, nearly all of which comes from a grant to the Council for the project from the Israeli Interior Ministry.

In response to the new budget documents, the Israeli Interior Ministry told Haaretz that the grant was approved but will not actually be transferred until plans for the racetrack receive retroactive authorization from the government.

Peace Now states:

“In recent years, the Jordan Valley has become the wild west of the West Bank, and it appears that the regional council, which is supposed to be the sovereign that enforces the law, is a full partner in the crimes taking place there. This is an absurdity that is unfortunately all too common in the settlements. The Jordan Valley Regional Council is following in the footsteps of its big sisters among the regional councils–Binyamin, Shomron, Gush Etzion and Har Hevron–which regularly funnel public funds to illegal activity to create facts on the ground intended to deny Israel the option for a two-state solution.”

Knesset is Advancing a Bill to Give More Land in Area C to the World Zionist Organization

Earlier this month, the New Israel Fund reported on the Knesset’s ongoing consideration of a radical bill that seeks to accelerate the transfer of almost all of the land in Area C to the control of the World Zionist Organization (WZO).

As we have reported previously, 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]. In addition, settlement and human rights watchdogs have repeatedly documented how the WZO’s Settlement Division has worked to take over additional land, including privately owned Palestinian land, in order to build more settlements.

At a hearing last week, Israeli Attorney General Avichai Mandelblit expressed his opposition to the bill (which is endorsed by the Israeli cabinet), saying it is unnecessary given that ministry staffs are already working to transfer more land to the WZO through an administrative process. MKs from the Jewish Home party have said they will bring the bill up for a vote at the committee level next week if they are not satisfied with the progress that the ministry staffs have made in transferring land to the WZO.

In June 2018, when the Knesset gave preliminary approval to the bill, Peace Now responded:

“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.”

For more information on this bill, read a complete background briefing by Peace Now.

Conference in Knesset Will Make Case for Evacuating Settlers from Hebron

Next week, the Knesset will hold a conference entitled, “Hebron First,” featuring Israeli civil society leaders making the case to lawmakers for the removal of Israeli settlers from Hebron. The event is being organized by MK Ayman Odeh (Joint List), Dov Khenin (Joint List), and Michal Rozin (Meretz). The President of B’Tselem, Hagai El-Ad, is expected to make a speech.

In a joint statement about the event, the MKs said:

“The settlement in Hebron is the expression of an extremist government policy that pours mass sums of money and endangers human lives to strengthen and maintain a handful of extremist settlers. The evacuation of the settlement in Hebron is a first and necessary step to promoting a diplomatic solution and bringing the Israeli-Palestinian conflict to an end.”

Over the five months, the Israeli government has advanced highly controversial plans that promote the growth and permanence of settlements in Hebron. Earlier this month (November 2018), Israeli Defense Minister Avigdor Liberman (who recently resigned) announced plans to build a new settlement above a section of the Palestinian market in the Old City of Hebron. In October 2018, the government announced a new settlement at the site of an Israeli military installment in Hebron, and in July 2018, the Cabinet decided to fund a new settler municipal body meant to empower Israeli settlers living in enclaves in downtown areas of Hebron, despite a court injunction against forming the body.

Bonus Reads

1. “Avigdor Liberman: The settler defense minister who couldn’t please the settlers” (Times of Israel)
2. “ ‘Things are going so well’: Settlers line up in opposition to elections” (Times of Israel)
3. “Knesset conference calls for evacuation of Hebron settlers” (Ynet)

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

To subscribe to this report, please click here.

September 20, 2018

1. 2018 Settlement Construction Starts (& Finishes) Are Surging
2. Settlement Projects Advance in Sheikh Jarrah, Jabal al-Mukaber
3. Israeli Authorities Approve Plan to Seize Palestinian Land & Legalize Outpost Near Hebron
4. Israel Issues “Gardening Orders” to Take Control of More Land in Silwan
5. Israeli Tourism Ministers Boasts About Bankrolling Tourism Projects to Expand Settlements
6. Shaked’s Judicial Interference is Subject of Special Knesset Session
7. Bonus Reads

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

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2018 Settlement Construction Starts (& Finishes) Are Surging

Recently released data from the Israeli Central Bureau of Statistics show that since January 2018, construction has started on a total of 1,073 new settlement units, and total of 1,075 new settlement units (started in previous years) have been completed  – representing new housing for more than 10,000 settlers (assuming, conservatively, a family size of 5-6 people). Together the numbers mark a 66% increase over the same period in 2017. Though settlement plans have advanced at an alarming rate since the beginning of the Trump Administration, actual on-the-ground construction starts did not seen a significant surge until the second quarter of 2018, which saw a 187% increase over the first quarter. 

Peace Now released a statement saying:

“The Netanyahu government continues to destroy the chances for peace. Further construction in the settlements undermines Israel’s interest in reaching a two-state solution, as such a solution will not be stable without a viable Palestinian state, which settlements increasingly threaten. Unfortunately, since Trump’s election, we have seen a sharp increase in the approval of the plans and tenders, and now we are beginning to see the consequences of these approvals on the ground.”

Settler leaders were characteristically dissatisfied with the pace of construction. The Director of the Yesha Council (and umbrella group representing all Israeli settlements), Yigal Dilmoni, told the Jerusalem Post:

“We are talking about a few hundreds units, which is very little, relative to thousands built throughout the country. Judea and Samaria still have the low building numbers, we expect and hope that we will be given more building permits.”

Settlement Projects Advance in Sheikh Jarrah, Jabal al-Mukaber

Ir Amim reports that two plans for new settlement buildings in the Palestinian East Jerusalem neighborhood of Sheikh Jarrah have been deposited for public review. If implemented, the two plans would build two new 6-story buildings in the Um Harun section of Sheikh Jarrah, one with 3 settlement units and the second with 10 settlement units. If implemented the plans will also involve the demolition of two buildings and the eviction of five Palestinian families living there.

The plans were originally approved for deposit in July 2017. As Ir Amim reported in detail at the time, both plans (numbers 14151 & 14029) are linked directly to Jerusalem settlement impresario Aryeh King. King can now count several significant victories for his settlement projects in sensitive Jerusalem neighborhoods over the past two weeks, totalling 309 new settlement units: Two plans were advanced in Sheikh Jarrah, totalling 14 units; one plan was advanced in Beit Hanina, totalling 75 units; also this week, King reportedly announced (though details are scant – stay tuned) that the government has approved a plan for 220 new units in the Nof Zion settlement enclave, located inside the Jabal al-Mukaber neighborhood. It is worth noting that, back in September 2017, the government was poised to issue permits for 176 units in Nof Zion – it is not clear if the 220 include those units, or are in addition to them, or if the numbers are inaccurate or deliberately misleading.

Settlement advancements in Sheikh Jarrah are becoming alarmingly routine. In addition to the developments this week, the inflammatory plan to build a Jewish religious school (known as the Glassman yeshiva project) was recommended for final approval. If implemented, an eight story building will be erected at the entrance to the Sheikh Jarrah neighborhood. The massive building will also include dormitories for young religious men and eight units to house “lecturers visiting from abroad.”

Israeli Authorities Approve Plan to Seize Palestinian Land & Legalize Outpost Near Hebron

The Land Research Center, a Palestinian organization, reports that the Israeli Civil Administration – the arm of the Israeli Defense Ministry that runs all affairs in the West Bank – has published a detailed plan to expand the borders of the Tene-Omarim settlement to include an outpost that was built without Israeli government authorization, located on lands claimed by the Palestinian village of Dahriyeh.

In order to carry out the plan, the Israeli Civil Administration will add 260,000 square meters of land (roughly 64 acres) to the settlement. The plan calls for 150 new units in Tene-Omarim in addition to new roads and open areas to connect the settlement to an outpost northeast of its borders. 

In May 2018, the Israeli Civil Administration advanced plans for 143 new settlement units in Tene-Omarim.

Israel Issues “Gardening Orders” to Take Control of More Land in Silwan

On August 24th, the Israeli NGO Emek Shaveh reported that the Jerusalem Municipality had  issued “gardening orders” as a means of taking over new areas of privately owned land in the Silwan and Abu-Tor neighborhoods of East Jerusalem (in the area known in Hebrew as the Ben Hinnom Valley). Under Israeli law, the Jerusalem municipality can issue orders to use private land for public purposes if it deems the land “unutilized” by its owners. News of the orders broke the day before U.S. National Security Advisor John Bolton attended a dinner party in Silwan hosted by the radical settler group Elad.

The orders seize 27 plots of land owned by Palestinians, based on the argument that the plots are not being used by their owners. The orders disingenuously note that Palestinian owners can seek to reclaim their land in the event that they obtain Israeli-issued building permits (without which they are unable to utilize the land for their own purposes). This explanation, as Emek Shaveh notes, ignores the fact that “the land owners cannot receive construction permits because their land is situated within a national park which, according to law, precludes construction.”

Emek Shaveh goes on to report:

“The gardening orders are the latest in a series of development activities in the Ben Hinnom Valley/Silwan area and will no doubt complement the Elad Foundation’s initiatives in the valley and efforts to link it with tourism ventures in the City of David/Wadi Hilweh. The Elad Foundation together with government ministries are currently promoting several projects within the area covered by the gardening order including a café in Abu Tor, the planned cable car intended to link West Jerusalem to the Kedem Center, and the archaeological excavations which the Elad Foundation has been funding in recent years adjacent to the Catholic cemetery.”

Israeli Tourism Ministers Boasts About Bankrolling Tourism Projects to Expand Settlements

At a meeting with the Yesha Council (the powerful umbrella group representing all Israeli settlements), Minister of Tourism Yariv Levin (Likud) told settler leaders:

“Tourism in Judea and Samaria (West Bank) is at a point of tremendous momentum. We now have a window of opportunity to make big moves in the tourism industry and this is a time of desire that should definitely be exploited. We will continue to establish and bankroll activities in Judea and Samaria in addition to establishing facts on the ground.”

Minister Levin boasted of having directed USD 11.15 million (NIS 40 million) to West Bank tourism projects over the past three years of his tenure.

In addition to his work directing taxpayer funds to the settlements, Minister Levin has also been pushing legislation and procedural rules that advance the direct application of Israeli laws over the settlements (an act of de facto annexation).

Shaked’s Judicial Interference is Subject of Special Knesset Session

On September 17th, the Knesset held a special session (during the Knesset recess) titled, “Justice Minister Ayelet Shaked’s attack on the High Court of Justice and the danger to democracy.” As FMEP has extensively documented, Justice Minister Shaked has been hard at work transforming the Israeli judicial branch in favor of pro-settlement and pro-annexation policies.

Meretz Chairwoman MK Tamar Zandberg opened the the special session defending her own party against accusations of political interference with the Court (Shaked denies a quote attributed to her saying that the High Court is an “arm of the Meretz party”). Zandberg said:

“the High Court of Justice was never a branch of Meretz. We often far from agree with the rulings of the High Court of Justice, which legitimized settlements, but we live in a democratic country governed by the rule of law, and the independence of the judicial system is one of its basic principles. The High Court of Justice is the focus of an extreme, unbridled attack aimed at clipping its wings and distorting the foundations on which it was established.”

One of many speakers, MK Michal Rozin (Meretz) said:

“Ayelet Shaked’s commander’s spirit is felt in the justice system – from the deepening of her control in the Judicial Appointments Committee, which has become a committee for the appointment of conservatives, to rulings which adopt her anti-constitutional lines, such as allowing the theft of Palestinian lands by the Jerusalem District Court. This spirit is aimed at applying sovereignty in the conquered territories, reducing the freedom of the citizens and expanding the Orthodox control on our daily lives.”

Appearing at the hearing under summons on behalf of the government, Justice Minister Shaked told her critics in the Knesset:

“I understand your anger about the fact that Jews are not being evacuated from their homes, but you must pull yourself together. We have a country to protect. The rule of law must be preserved. We cannot accept a situation in which your criticism of the court is sinking to such depths to which you have recently deteriorated. As the Minister of Justice, I call upon those who sit in this House – on the Left and the Right – to maintain dignified discourse. We don’t have another legal system. Of course it is legitimate to express criticism against a ruling. It is acceptable to argue over ideas, it is permissible to argue over areas of authority. I do so from time to time, but we must maintain respectability and dignified discourse.”

Bonus Reads

1. “APN Peace Cast w/ Hagit Ofran” (Americans for Peace Now)
2. “How Peace Keeps Receding in the Middle East” (Washington Post)

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

To subscribe to this report, please click here.

September 7, 2018

1. Israel Advances Plan for New Settlement in East Jerusalem
2. Even More East Jerusalem Settlement Plans Advanced
3. Israel Demolishes Homes in al-Walajah, Advancing “Greater Jerusalem” Project
4. State Admits to High Court it Built Settler Road on Palestinian Private Land
5. Prominent Human Rights Activists Arrested While Leading Tour of Hebron Region
6. Government Official Claims Jerusalem Cable Car Project Will Benefit Palestinians in Silwan
7. BonusReads

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

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Israel Advances Plan for New Settlement in East Jerusalem

On September 5th, the Jerusalem Local Planning and Building Committee advanced a plan to build a large new settlement enclave (150 units) within yet another Palestinian neighborhood of East Jerusalem. The project – a pet project of Jerusalem settlement financier (and since 2013, Jerusalem city council member) Aryeh King – would be the first-ever authorized settlement project in the Beit Hanina neighborhood of East Jerusalem, located north of the Old City.

The plan would build housing for approximately 75 settler families (which, based on a conservative estimate, would mean a population of around 500 settlers in Beit Hanina). If built, it would be one of the largest Israeli settlement enclaves inside any Palestinian neighborhood in East Jerusalem.

According to the plan, 75 units units would theoretically be earmarked for Palestinians – a point used by the plan’s supporters to suggest that it is actually benevolent. The key word here, however, is: theoretically. As noted by Jerusalem expert Danny Seidemann in another context:

“Since 1967, the Government of Israel has directly engaged in the construction of 55,000 units for Israelis in East Jerusalem; in contrast, fewer than 600 units have been built for Palestinians in East Jerusalem, the last of which were built 40 years ago.”

In announcing the approval of the plan, Israel’s deputy mayor made clear what part of the plan the Municipality is actually focused on:

“We’re happy to announce today that we’ve approved construction of 150 housing units in Beit Hanina, and especially that 75 Jewish families can now live there.”

Notably, the Jerusalem Local Planning and Building Committee advanced the plan through the first stage of the planning process, despite an objection filed by the private Palestinian company that owns 45% of the land upon which the new units would be built (ownership that the Israeli government tried – and so far failed – to cancel, through efforts to rescind the sale of the land to that company). The Committee explained its decision to ignore the objection by asserting that it was only discussing planning schemes and not ownership issues. The Jerusalem Municipality also weighed in, suggesting that the Palestinian company is too late in asserting its rights, saying that the ownership issue was “examined as part of the examination of the plan’s preconditions.”

Director of the Peace Now Settlement Watch program, Hagit Ofran, rejected that argument, saying:

“this is not a real estate project but a project of defiance and settlement. The fact that Israeli entrepreneurs, who own only half of the land, have prepared a plan without consulting Palestinian owners [of the other half] indicates that they have no intention of coexistence and peace.”

A handful Israeli settlers already live in Beit Hanina, having directly acquired private property in the heart of the neighborhood. This small group of settlers clearly benefit from the plan, both because it lends legitimacy to their presence in and broader claims to the neighborhood, and because the new project would create a territorial linkage between the new settlement in Beit Hanina and the large ultra-Orthodox settlement of Ramat Shlomo to its south.

The historic nature of the Beit Hanina settlement plan is being hailed by pro-settlement media and activists. The Deputy Mayor of Jerusalem, Yossi Deitch, said, “I hope approval of the units will be the sign and signal that construction in the city will be unfrozen next year throughout the city and for all sectors. I’ll do everything possible to thaw the construction freeze in Jerusalem.”

Israel has increased home demolitions across East Jerusalem, including Beit Hanina, over the past year. In Beit Hanina, many homes are under the threat of demolition because they lack Israeli-issued building permits – permits that Palestinians find all but impossible to secure. Just this week, Israel demolished the Farrah family home in Beit Hanina, built over 16 years ago – despite the fact that the family has spent years attempting to obtain the necessary permits and has paid 250,000 shekel ($69,362) fine to the Israeli government.

 Even More East Jerusalem Settlement Plans Advanced

In addition to the Beit Hanina settlement plan, Ir Amim reports that Jerusalem authorities have advanced several other inflammatory settlement projects in East Jerusalem over the past week:

1. The Local Planning and Building Committee discussed issuing a permit to retroactively legalize unauthorized settlement construction – several shops and offices – in Silwan, located at the entrance of the settler-run City of David National Park. The buildings were constructed, without permits, under the direction of the radical Elad settler group, which is contracted by the Israel National Parks Authority to run the City of David National Park. As a reminder, Elad’s mission is to establish a permanent Jewish presence in Palestinian neighborhoods of East Jerusalem. The retroactive permit, in addition to legalizing the current buildings, would also allow the group to build an additional story to one of the buildings, to serve a”lookout” point. Demonstrating government collusion with the settlement enterprise in Jerusalem, the permit request was filed by the Israel National Parks Authority, not Elad.
2. The Local Planning and Building Committee committee discussed public objections filed against a plan to build a 6-story office building for settlers at the entrance of the Sheikh Jarrah neighborhood. The office building, if approved, would be located adjacent to the site of a planned Jewish religious school to also be built in Sheikh Jarrah – called the Glassman Yeshiva. That school, once it is built, will house dozens of young religious settlers. Together, the two projects will flank the road leading into Sheikh Jarrah and become part of a settlement bridge/corridor connecting the isolated settlement enclaves in the heart of Sheikh Jarrah to West Jerusalem. Ir Amim notes that both settlement projects have been advanced “despite the area being zoned for public buildings for a Palestinian neighborhood sorely lacking in social services.” This latest advancement was anticipated and noted in last week’s Settlement Report.
3. The Jerusalem Local Committee advanced two plans to increase the number of new units authorized to be built in the Gilo and Neve Ya’akov settlements. In both instances, the Local Committee discussed plans that increase the number of units permitted to be built under already-approved plans (adding an additional 48 units in both cases, bringing the Neve Ya’akov project to 86 units total and the Gilo project to 148 units total).

Israel Demolishes Homes in al-Walajah, Advancing “Greater Jerusalem” Project

On September 3rd, Israeli officials demolished four buildings in the al-Walajah village, on the pretext that they lack required Israel-issued building permits. Israeli security forces fired tear gas and rubber-coated steel bullets at a crowd of protestors who gathered to try to stop the demolition, injuring several.

The demolitions were in the Ein Juweza neighborhood of the village – an area that is technically located within the municipal borders of Jerusalem (the border runs through the village, leaving the rest of al-Walajah in the West Bank), and therefore subject to Israeli planning and building laws. An additional 189 homes in al-Walajah have demolition orders issued against them.

The lawyer representing al-Walajah residents in this case said,

“The residents’ attempts to submit a master plan [without which it is impossible for residents to even apply for permits to build on their own land] were thwarted by the objection of the state and subsequently, the planning authorities. In this situation of criminal neglect of the village and its residents, the only service the state gives them is ‘home demolition service.’ This is an impossible, illegal situation that contradicts the most minimal fairness.”

Ir Amim reports:

“While refusing to allow building in Walajeh, in the area around the village Israel is promoting construction of thousands of housing units for Israelis on lands – some of which were confiscated from Walajeh – in the settlements of Gilo and Har Gilo. To the north of the village, within the Green Line and on lands that belonged to Walajeh until 1948, a construction plan of over 4,000 housing units is being advanced. These construction plans, together with the national park declared on al-Walajeh land in 2013, are meant to create an Israeli continuum between Jerusalem and the Gush Etzion settlements surrounding Bethlehem. This morning’s demolitions in Walajeh are an inherent part of the policy to transform this area into an Israeli space.”

As FMEP has previously reported, residents of al-Walajah have long been struggling against the growing encroachment the nearby Etzion settlement bloc and the Israeli government’s attempt to de facto annex the bloc as part of “Greater Jerusalem.” Ir Amim explains several prongs of this effort, including a particularly problematic section of the separation barrier around al-Walajah that has been planned in order to (a) almost completely encircle the village, (b) turn its valuable agricultural land into an urban park for Jerusalem, and (c) enable construction of a highway that will connect the Etzion settlement bloc to Jerusalem with Israeli-only bypass roads.

State Admits to High Court it Built Settler Road on Palestinian Private Land

The Israeli government admitted to the High Court of Justice that it cut and paved a road on land that is privately owned by Palestinians in the South Hebron Hills. The State claimed it did so by mistake, believing the land in question, which had been included in construction plan for the settlement of Shima – despite the fact that Palestinian owners objected as soon as construction started in 2015. Even after the objections were lodged against the construction, Israeli authorities took months before issuing a stop work order, allowing the road to be completed/paved in the meantime.

In the brief submitted this week, the State asked the High Court to dismiss the case regarding the road, explaining that the Civil Administration had already taken action to correct the borders of the Shima settlement to, in effect, return the land to is owners (now paved with a road for the settlers). The State says that action was prompted in 2015 when the Civil Administration “Blue Line” team released new mapping of the area, which clarified that the land is indeed privately owned by Palestinians.

Commenting on the story, a spokesperson for Rabbis for Human Rights told Haaretz:

“The state acted like the ‘hilltop youth’ [a radical settler group]. You can’t explain this away using the excuse of an innocent mistake, given that even after our warnings it took a long and embarrassing legal procedure to get them to do the obvious: check who actually owns the land.”

Prominent Human Rights Activists Arrested While Leading Tour of the Hebron Region

Israeli security forces arrested three prominent human rights activists while they were leading a sizeable group on a tour of settlements and outposts in the Hebron/South Hebron Hills area. Avner Gvaryahu (Executive Director of Breaking the Silence), Michael Sfard (a prominent Israeli human rights lawyer), and Achiya Schatz (Communications Director for Breaking the Silence) were released after three hours of detention.

The men were arrested near the Mitzpe Yair outpost in Hebron, the same spot where activists from Taayush – “Israelis & Palestinians striving together to end the Israeli occupation and to achieve full civil equality through daily non-violent direct-action” – were violently attacked by settlers the previous week, with at least four wounded seriously enough to be evacuated to for medical treatment. In that attack, IDF soldiers reportedly stood by and did nothing (and in its aftermath, the Israeli government and senior officials, including Netanyahu, said nothing).

Breaking the Silence related the events, saying:

“As we drove up the road leading to the outpost, we were blocked by a Border Police jeep. Within minutes, we were presented with a ‘closed military zone’ order, signed by the brigade commander. We were given one minute to evacuate a group of 120 participants, some of whom weren’t so young. When we asked for more time to get everyone on the buses, the arrests started. As was reported in the media, the arrests were aimed at the leaders of the tour, which reinforced our suspicion that they were initially meant to sabotage the tour….Upon arriving at the police station, Avner, Achiya, and Michael had been told that they were in fact not arrested but rather detained, and that there was no immediate need for investigations or arrests. They were then told to return in a month and a half for further investigation.”

The group’s email to supporters ends:

“we refuse to cave in to settler violence and to surrender to their intimidation, incitement, and violence directed against those who oppose the immoral reality of the occupied territories.”

Government Official Claims Jerusalem Cable Car Project Will Benefit Palestinians in Silwan

On September 5th, the Society for the Protection of Nature held a public forum to discuss the planned cable car project in Jerusalem, which is slated to have its final stop at the settler-run Kedem Center in Silwan. The Kedem Center is a project of the radical Elad settler group, which works to settle Jewish Israelis inside Palestinian neighborhoods of East Jerusalem.

Sami Arsheid, a lawyer representing Palestinian residents of Silwan (who will be deeply impacted by the project), attended the town hall event to raise their concerns. Arsheid said that Palestinians had not been consulted and noted that the invitation to the meeting was written in Hebrew only.

A Israeli government official responsible for planning the cable car project, Aner Ozeri, stressed how the project will ease movement and alleviate transportation pressures, and insisted that the project will, in fact, benefit Palestinian residents of Silwan. Even if that claim turns out to be true, it glosses over the fact that, assuming the most benign intent,  the Israeli government is engaging in planning in Silwan that rejects/ignores the views of the vast majority of the residents (i.e., the only residents of Silwan whose voices are listened to in this process are the settlers). Moreover, in the case of this plan the intent, entirely unhidden by planners, is by no means benign: the purpose of the cable car project has nothing to do with the interests of Palestinian residents – rather, its purpose is to facilitate tourist visits to Jewish sites in East Jerusalem, in a manner that prevents tourists from seeing or encountering Palestinians.

The meeting was also attended by government officials tasked with explaining and defending the project, as well as architects, academics, preservation experts, and tourism professionals who criticized the plan on a myriad of bases – mostly highlighting how the project will damage the historic landscape of Jerusalem.

Bonus Reads

1. “In West Bank Settlements, It’s a Bull Housing Market” (Haaretz)
2. “Israeli right wing party aims at one million settlers” (Al-Monitor)

 

***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.

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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

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.

May 18, 2018

1. Israeli Cabinet Approves Projects to ‘Deepen Israeli Sovereignty Over East Jerusalem’
2. IDF Applies New Israeli Law in the Settlements, Before It Is Even Law
3. Another Sheikh Jarrah Eviction is Imminent
4. Abbas: U.S. Embassy in Jerusalem is an “American Settlement Outpost”; Erekat: We’re Going to the Hague
5. Bonus Reads

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

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Israeli Cabinet Approves Projects to ‘Deepen Israeli Sovereignty Over East Jerusalem’

On Sunday, May 13th – the day that thousands of radical religious Israelis marched provocatively through Palestinian areas the city in celebration of Jerusalem Day, and the day before the celebration of the official opening of the U.S. Embassy in Jerusalem – the Israeli Cabinet authorized a series of projects that, as Justice Minister Ayelet Shaked (Jewish Home) explained, will “deepen Israeli sovereignty over East Jerusalem,” at a cost of $560 million USD. NOTE: Israel annexed East Jerusalem and surrounding areas in 1967 – an annexation rejected by virtually the entire world through the present day.

One of the projects the Cabinet authorized is a “Land Regulation” scheme which directs the Israeli Justice Ministry to register the status of all East Jerusalem land with the Israeli Land Registry. Under the new project, Palestinians must file a claim with the Justice Ministry to have their ownership of lands in East Jerusalem assessed and recorded (or challenged/denied). In cases where Israel determines that Palestinians have not sufficiently proven their property claims, the land will be taken over by Israel for development. Cases in which more than one party claims ownership (e.g., where Israeli settlers claim to have, through various means, gained title to the property) will be referred to an Israeli court. Given that since 1967, Israeli judges have overwhelming ruled against Palestinian claimants in cases dealing with land ownership, the project appears to be a transparent, large-scale mechanism to transfer Palestinian property into the hands of the Israeli government and settlers. The project also sets up a panel of government officials to begin preparations for developing the land in the future, including assessing the state of water and sewage connection.

Shaked connected the “Land Regulation” project to broader events of the week, saying:

“A day before we strengthen Jerusalem by moving the US embassy here, we are bolstering the city by applying Israeli sovereignty in East Jerusalem through the plan to regulate land claims. This is the first practical application of Israeli sovereignty since Israel took sovereign control of the eastern part of the city.”

The Cabinet also voted to allocate an additional $56 million USD towards the Jerusalem cable-car project, which, according to Emek Shaveh, means the cable car project is now fully funded. FMEP has covered the cable car project, and the settler-run Kedem Center which will be its final stop, many times in the past. The project is properly understood as a touristic settlement project that bolsters the presence and control of Israeli settlers in the Palestinian East Jerusalem neighborhood of Silwan.

The Cabinet approved $16.5 million USD for archaeological excavation projects in the Silwan neighborhood, to be carried out by the radical settler group Elad. FMEP covers Elad’s activities on a near weekly basis; the group’s mission is to establish Jewish hegemony over East Jerusalem, and Elad focuses its activities intensively on Silwan, both in terms of taking over properties and gaining control of the public domain through control over parks, tourist facilities, and archeological sites.

The Israeli NGO Emek Shaveh has a detailed look at what excavation projects will be funded. Emek Shaveh writes:

“These decisions constitute the state’s commitment to financing and promoting the settlers’ plan in Silwan and in the historic basin, constituting an escalation in the use of archaeology and tourism for political purposes: The scope of the projects and the budgets allocated for their implementation are unprecedented. It appears that the Israeli government is no longer maintaining the pretense of distinguishing between its own actions and those of the settlers.”

IDF Applies New Israeli Law in the Settlements, Before It Is Even Law

Haaretz reports that IDF Commander Nadav Padan issued a military order applying to settlements a new set of rules and regulations for the upcoming municipal elections. These rules and regulations are contained in a bill that is under consideration, but has not yet been passed, by the Knesset (regarding candidate eligibility, polling place regulations, and voter registration issues). The issuance of the order in advance of the Knesset plenum’s consideration of the bill was neither a mistake nor a coincidence: Padan reportedly issued the order to appease Interior Committee Chairman Yoav Kisch (Likud), who had delayed progress of the bill specifically out of concerns over how it would be applied to the settlements. Once the military order was issued, Kisch allowed his committee to vote on the bill. The measure is expected to pass a final Knesset vote when it is brought up.

Kisch was a key figure in the recent effort to require all Knesset legislation to state how it can be applied to the settlements (via military order or directly). That effort failed, and Kisch was forced to accept the recommendation of the Knesset legal advisor that instead of changing Knesset rules to require a statement of applicability, Knesset legal advisors are instructed to discuss the issue during the bill’s formulation. However, Justice Minister Ayelet Shaked (Jewish Home) succeeded in a similar effort within the Israeli Cabinet, ensuring that all Knesset legislation seeking government backing is now required to include a written statement of how it will be applied in settlements.

The IDF Commander’s preemptive order is a novel new tactic by which the Israeli government is affecting the de facto annexation of areas in the West Bank by applying Israeli domestic law there. As the Haaretz report notes, it typically takes months if not years for the IDF Commander to issue military orders that apply Israeli laws to the settlements after they are passed by the Knesset. FMEP recently published a compendium of policies that advance that end – but this week’s events are notable in that the military order effectively implemented a law that the Knesset has not yet passed (or even debated).

Another Sheikh Jarrah Eviction is Imminent

In’am Kneibi, a 77-year-old Palestinian woman living in the Sheikh Jarrah neighborhood of East Jerusalem, received notice last week that the Israeli government intends to execute an eviction order against her family, to take place between May 13th and May 27th.

Peace Now warned that the timing of the eviction alongside the opening of the U.S. Embassy and the celebration of Jerusalem Day might ignite simmering tensions in the city:

“The expected eviction of the Kneibi family represents an organized, systematic campaign by radical settlers, in cooperation with government agencies, to supplant Palestinian communities in East Jerusalem with new settlements.”

Sheikh Jarrah is a particularly combustible area of occupied East Jerusalem, where radical religious Israeli settlers have concentrated their activities. Earlier this year, the eviction of the Shamasneh family from their home in Sheikh Jarrah ended an unofficial moratorium on Israeli evictions in the neighborhood. Peace Now notes that 75 families in Sheikh Jarrah are currently facing eviction. Simultaneously, the Israeli government has advanced several highly provocative settlement plans in Sheikh Jarrah, including a 7-story Jewish religious school (a yeshiva) on the main road leading into Sheikh Jarrah.

Abbas: U.S. Embassy in Jerusalem is an “American Settlement Outpost”; Erekat: We’re Going to the Hague

“What we saw in Jerusalem today was not the opening of an embassy, but the opening of an American settlement outpost.” – Palestinian Authority President Mahmoud Abbas. Top Palestinian Authority diplomat Saeb Erekat followed up Abbas’ comments by announcing that Palestinian Authority leadership has decided to pursue war crimes charges against Israel for its settlement construction in the occupied territory.

Bonus Reads

1. “New report on illegal outposts fuels West Bank annexation concerns” (Times of Israel)
2. “Living in the constant shadow of settler violence” (+972 Mag)
3. “A Tale of Two West Bank towns: A Bleak Palestinian Refugee Camp Choked by a Thriving Israeli Settlement” (Haaretz)
4. “Seven decades of struggle: How one Palestinian village’s trouble captures pain of the ‘Nakba’” (The Guardian)
5. “To Demolish Palestinian Villages in the Name of Parity” (Haaretz)
6. “VIDEO: A Muslim Amongst the Settlers” (The Atlantic)
7. “Settlements Are Not the Periphery” (Haaretz)
8. “Defense establishment girds for price tag attacks in midst of combustible week” (Ynet)

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 3, 2018

1. Forging Ahead with Another Settler Project at Entrance of Sheikh Jarrah
2. Israeli NGOs File Challenge Against Settler Footbridge Near Old City
3. Kerem Navot Report: Some of Israel’s West Bank Police Stations are on Private Palestinian Land
4. Update: High Court Override Legislation is in Limbo
5. Bonus Reads

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

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Forging Ahead with Another Settler Project at Entrance of Sheikh Jarrah

On April 26th, the Jerusalem District Planning and Building Committee advanced a plan, backed by settlers, to build a 6-story commercial building at the entrance of the Palestinian East Jerusalem neighborhood of Sheikh Jarrah – taking the key step of depositing the plan for public review. The building will be across the street from one of the most provocative settlement projects that were advanced last year: a new religious school (the Or Sameach Yeshiva/Glassman Complex) described by Terrestrial Jerusalem to be:

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

The location of the yeshiva and the 6-story building (which, once built, will literally flank both sides of the road leading into Sheikh Jarrah) will strengthen Israeli settlers’ hold on the neighborhood. Together they will  advance the settlers’ goal of cementing the presence of the settlement enclaves inside of Sheikh Jarrah by connecting them more seamlessly to the neighborhood’s outer periphery and the rest of Jerusalem.

Sheikh Jarrah and its Palestinian residents are the target of intense settler activity, which FMEP has covered repeatedly in the past.

Israeli NGOs File Challenge Against Settler Footbridge Near Old City

The petitioners argue:

“The proposed bridge is located in one of the most sensitive and significant areas in Jerusalem and one of the most important in the world. The Old City basin is one of Jerusalem’s most precious cultural, religious and historical assets, as well as politically significant. Construction and development in this area should be done in a careful and considerate way, in a meaningful public debate and in the context of a true planning vision.

It is not without reason that the designs were set in the planned area. . . [an area] whose main purpose is to preserve and protect the Old City basin from rapid development and construction initiatives that might damage the important values in this special area. These plans do not allow the issuance of permits for such a significant construction and do not allow expropriation at all without proper documentation, and they explicitly state the need for detailed planning with the approval of the District Committee.

It is important to note that in addition to the familiar tension between development and tourism needs and the principles of conservation and protection of historical and environmental values, the Old City basin is also an urban area with a population of tens of thousands of people who live alongside and sometimes within historic sites. The bridge and pedestrian traffic will have significant implications for the area and its character for the residents living in the area.

For all these reasons, extreme caution is required in approving development plans in the Old City basin. The permit in question was approved in violation of all the proper planning and public principles, and therefore there is a need to cancel it.”

Peace Now reports that Elad has already started building infrastructure for the footbridge in Abu Tor, despite lacking a building permit (the plan was approved, but permits have not been issued). Peace Now appealed to the Jerusalem Municipality to have the construction stopped; the Municipality responded saying the construction does not relate to the bridge but to a permit that was issued for the “restoration of terraces” on the same land. Peace Now appealed again two weeks ago, arguing that Elad’s current undertakings – which include building walls, pouring of concrete, and excavating – require an additional permit (how it is being argued that those projects relate to the “restoration of terraces” is unclear). The Municipality has not yet responded.

As FMEP has covered many times in the past, Elad’s mission is to establish Jewish hegemony in Jerusalem, and it often uses tourism as a pretext for its activities in Jerusalem’s most contested neighborhoods. Kerem Navot says the Abu Ror footbridge is part of Elad’s efforts to take control of areas surrounding the neighborhood of Silwan.

Kerem Navot Report: Some of Israel’s West Bank Police Stations are on Private Palestinian Land

New research published by the anti-settlement watchdog Kerem Navot documents the legal status of land in the West Bank on which 38 Israeli police stations have been built, and reveal that four stations are built illegally on privately-owned Palestinian land.

The report reveals that of the 38 police stations in the occupied territories:

• 17 stations are on land declared by Israel to be “state land”
• 8 stations are on land Israel seized for “security purposes”
• 2 stations are on land expropriated for “public purposes”
• 1 station (servicing the Givat Ze’ev settlement) is fully on privately-owned Palestinian land
• 1 station (servicing the Ma’ale Adumim settlement) is partially on privately-owned Palestinian land, and partially on land that was seized from the Palestinian owners for “public purposes”
• 1 station (servicing the Elkana settlement) is partially on privately-owned Palestinian land and partially on land seized from Palestinian owners for “security purposes”
• 1 station (servicing the Vered Yeriho settlement) is partially on privately-owned Palestinian land and partially on land that was declared “state land”

Kerem Navot writes:

“As is well known, there are two communities in the West Bank, each of which has completely different rights, and previous reports have been devoted to describing the Israeli Police’s failure to enforce the law in cases of settler violence in a sense reminiscent of values of equality. This modest document will not address this fundamental ethical issue… this report solely seeks to address the geographical-statutory aspect of the deployment of Israel Police stations throughout the West Bank…The initial idea for addressing this aspect arose when, over the course of our research in recent years, we incidentally discovered that several police stations in the West Bank are illegally located on private Palestinian-owned land. There is no need to elaborate on the paradoxical severity of this fact.”

Update: High Court Override Legislation is in Limbo

It appears that the Israeli Knesset, which convened this week for the summer session, will not take immediate action on a bill to empower the Knesset to reinstate laws struck down by the High Court of Justice (reminder: the High Court is expected to strike down the Regulation Law, and MKs have already stated their desire to make sure it remains on the books). Prime Minister Netanyahu (Likud) and Justice Minister Ayelet Shaked (Jewish Home) were not able to reach a compromise on the specifics of the bill during a meeting with Chief Justice Esther Hayut last weekend, and no news of the bill has surfaced since. It is unclear if Naftali Bennett (Jewish Home) intends to follow through on the threat he made last week to call for elections if Netanyahu does not advance his version of the bill – which will allow the Knesset to reinstate laws with a bare-bones, 61-vote majority in the Knesset – this week.

While political leaders debate amongst themselves, a new public opinion poll found that 65% of Israelis believe that the version of the bill pushed by Ayelet Shaked and Jewish Home party leaders would “grant the government ‘unlimited’ and unchecked power.” 58% of the public said they believed the law would lead to more corruption.

Bonus Reads

1. “Settler Rail Line to Israel Latest Land Grab, Palestinians Say” (Al Jazeera)
2. “Thirteen Cases of Vandalism, One Arrest: Who is Behind the Wave of West Bank Hate Crimes?” (Haaretz)
3. “‘Price tag’ hate crimes against Palestinian on the rise in Israel and West Bank” (NBC News)
4. “Christians in Jerusalem’s Old City ‘under threat’ from settlers” (The Guardian)

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.

September 13, 2017

1. Don’t be Hoodwinked by Misleading Settlement Numbers
2. Israel Government Sides with Illegal Outpost in Fight Against Demolition
3. Netanyahu’s Promise to Build 300 New Units in Beit El Moves Forward (With Trickery)
4. Updates: Clashes Ensue in Sheikh Jarrah Following Eviction; Amona Site is Now a “Closed Military Zone”; More Demolitions in Silwan
5. Bonus Reads

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

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Don’t be Hoodwinked by Misleading Settlement Numbers

Israel’s Central Bureau of Statistics published data this week on new settlement starts in the second quarter of 2017 (April-June). The data, purportedly showing a dramatic decline (75%) in construction, compared to the same period in 2016.

Hagit Ofran, the Director of Peace Now’s Settlement Watch, set the record straight – noting that starts in any given period reflect planning that took place months and years before. Construction happening today, for example, reflects approvals and tenders from two to three years ago. In light of this reality, the relatively low number of starts in the second quarter of 2017 has nothing to do with overall settlement trends, or with current settlement policies. These current settlement policies, reflected in a huge massive wave of settlement approvals seen (so far) in 2017 – a wave the indicates the settlement floodgates have opened – will result in a corresponding spike in settlement starts down the line (at which point the Israeli government will claim “it’s not our fault, this was all approved long ago!”).

Israel Government Sides with Illegal Outpost in Fight Against Demolition

The High Court of Justice has ordered the demolition of 15 structures located in the Netiv Ha’avot outpost, built on land recognized by Israel as privately owned by Palestinians. In response to a last minute petition the outpost’s leaders filed with the High Court of Justice, the Israeli government expressed its support for their proposal to save 6 of the buildings from complete demolition; instead, the proposal offers to demolish only the “problematic parts” of the structures – i.e., where they cross into the pockets of privately-owned Palestinian land that run through the middle of the outpost. The High Court is set to make a final ruling on the petition on September 13th.

It is worth pointing out that every structure in the Netiv Ha’avot outpost was built in violation of Israeli planning laws. The outpost is an unauthorized expansion of the Elazar settlement, located southwest of Bethlehem. Only the 15 buildings that were built on private Palestinian land face demolition; if Israel enforced its own planning laws, the entire outpost would be razed. Last month, the Attorney General ordered the Defense Ministry to create a special unit to enforce Israeli planning laws specifically in settlements and outposts (in conjunction with the passage of the Regulation law permitting legalization of most illegal settlement construction and land seizures).

Netanyahu’s Promise to Build 300 New Units in Beit El Moves Forward (With Trickery)

Kerem Navot (aka, Naboth’s Vineyard – the organization founded by anti-settlement legend Dror Etkes) has a cheeky look at how Netanyahu’s promise to build new homes in the Beit El settlement by the end of this month is coming to fruition. According to the report, the settlement has conspired with the government to build a new Border Police base south of the settlement 0- based on alleged security needs of the settlers. And what about the existing Border Police station for the settlement? That’s where the new units will be built. Two birds with one stone: more settlement units for Beit El, plus more land taken for settlements, to accommodate the entirely unnecessary new police station. 

The Beit El settlement was established in 1977, on land previously seized by Israel for military purposes. A second military seizure in 1979 enabled Beit El to expand. This method of establishing and expanding settlements has been repeatedly challenged in Israeli courts. The Israeli group Yesh Din led one such petition against Beit El, seeking to have the second seizure annulled; that petition was dismissed earlier this year. Yesh Din writes,

The State understood that it was impossible to legally defend the land theft that has been ongoing in Beit El for 40 years on land that was seized for arbitrary reasons, but it refrained, once again, from defending the rights of the weakest population, simply because they are Palestinians. Despite this, we at Yesh Din will continue to fight against the dispossession of Palestinians and the infringement of their rights.

As a reminder, Beit El is the settlement that current U.S. Ambassador to Israel David Friedman personally donated to and fundraised for in his capacity as President of the American Friends of Beit El charity from 2011 until his appointment (he dedicated at least one building in the settlement which bears his name).

Beit El is also slated to have a security wall built between one side of the settlement and the al-Jalazoun Palestinian refugee camp.

Updates: Clashes Ensue in Sheikh Jarrah Following Eviction; Amona Site is Now a “Closed Military Zone”; More Demolitions in Silwan

• Last week, in the East Jerusalem neighborhood of Sheikh Jarrah, Palestinians participated in Friday prayers in front of the former home of the Shamasneh family, which was evicted last week by settlers. On the same day, 200 Israelis – including MK Ayman Odeh (Joint List) – marched from central Jerusalem to join the demonstration. Clashes broke out between settlers and the demonstrators, resulting in injury to 14 protestors.
• The illegal outpost of Amona was dismantled earlier this year, but the Kerem Navot organization has revealed that instead of being returned to the Palestinians who the court ruled were the rightful owners, the Israeli army has declared the area a “closed military zone” — keeping Palestinians off the land but permitting residents of the neighboring Ofra settlement to enter the area at will.  
• Ma’an News has video of a home demolition in the Ras al-Amud, a Palestinian neighborhood just south of the Old City in Jerusalem. Ma’an also reports that Israel delivered several demolition orders to Palestinians in the Issawiya neighborhood of East Jerusalem earlier this week.

Bonus Reads

• “Red Cross Chief Blasts Settlements as ‘Key Humanitarian Challenge’” (Times of Israel)
  • “We witness it daily in the West Bank and in East Jerusalem: [Israeli settlement] has enormous impact on people, on their freedom of movement, the social and economic fabric in the territories. It offers limited access to agricultural and other productive lands, has curtailed educational and employment opportunity; it makes water resource and water supply systems difficult for Palestinian communities. And the list could go on and on,” he [Red Cross Chief Peter Maurer] said.
• “Shin Bet Bypasses Court Again and Stiffens Release Terms of Teen Settler Activist” (Haaretz+)
  • “Jerusalem Magistrate’s Court initially ordered him [a teen who is part of the extremist West Bank movement known as Hilltop Youth, had been detained without trial after violating a administrative order] released on the condition that he remain at home at night. But the Israel Defense Forces order requires him to be under house arrest 24 hours a day.”

• “In a First, Israel Will Penalize Amnesty International for Anti-Settlements Campaign.” (Haartez+)
  • “Israel plans to punish Amnesty International for its recent campaign, which encourages people to lobby companies and governments to boycott settlement products, by denying tax benefits to Israelis who donate to the human rights organization. It is the first time the government will apply the so-called anti-boycott law, which penalizes organizations and individuals calling for a boycott of Israel or the settlements. The controversial law was passed in 2011.”
• “Reports Israeli government plans to retaliate against Amnesty International over settlements campaign” (Amnesty International)
  • “Amnesty International has repeatedly emphasized that the very existence of Israeli settlements in the Occupied Palestinian Territories violates international law, a matter on which there is international consensus and is reflected in UN Security Council resolutions. Settlements have contributed to decades of mass suffering and violations in the Occupied Palestinian Territories.”

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.

September 7, 2017

1. In Sheikh Jarrah, Palestinians Evicted, Settlers Move In
2. Major Expansion in Settlement Enclave – Approval of Permits Imminent
3. High Court Lets Settlers Stay in Hebron House [That They Took Over Illegally]
4. Amichai Update: Work on New Settlement to Resume with Infusion of Government Funds
5. U.S. Ambassador Questions if the Occupation Exists, Minimizes Impact of Settlement Enterprise
6. Bonus Reads

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

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In Sheikh Jarrah, Palestinians Evicted, Settlers Move In

On September 5th, the Israeli army evicted members of the Shamasneh family from their home in Sheikh Jarrah, a Palestinian neighborhood in East Jerusalem; they had lived in that home since 1964. Within hours of the eviction, extremist Israeli settlers moved into the home. This is the first eviction to be carried out in Sheikh Jarrah since 2009, when evictions there inspired a sustained domestic and international protest.

The Shamasneh family was sent an eviction notice back in 2013, after a court ruled in favor of Israelis who sought to “redeem” the home. Their case was based on an Israeli law that allows Jews to reclaim property and land they were forced to abandon in 1948, when Jordan captured East Jerusalem (a right Palestinians are not afforded with respect to properties they were forced to abandon in what became Israel in 1948). The eviction of the Shamasneh family was repeatedly delayed out of “humanitarian concerns” over the health of the elderly Shamasneh patriarch. Earlier this year, it became clear the eviction was going to be carried out when a wave of provocative East Jerusalem settlement plans were advanced, including multiple plans to build more settlement units in the Sheikh Jarrah neighborhood.

Regarding the Shamasneh’s case, Ir Amim wrote:

Today’s eviction of the Shamasneh family symbolizes the boldness with which these settlement activities in the most sensitive part of East Jerusalem are now being executed – with the full backing of the state – and the pressing need to halt this escalation of events in order to preserve the waning viability of the two state solution.

Regarding that same eviction, East Jerusalem settler impresario (and city councilman) Aryeh King exulted:

I expect more evictions this year of residents who refuse to recognize the Jewish owners of the properties where they are living. With the opening of the new National Insurance Institute nearby, the Nahalat Shimon [Shimon Hatzaddik] neighborhood is going to see a significant expansion of Jewish settlement, which residents of Jerusalem have waited for years to see.

On the evening prior to the eviction, Israeli forces raided several Palestinian homes in Sheikh Jarrah and issued six additional eviction notices.

Major Expansion in Settlement Enclave – Approval of Permits Imminent

The Jerusalem municipality is set to grant building permits for 176 new housing units in the Nof Zion settlement, an Israeli enclave located inside the Palestinian neighborhood of Jabel Mukaber in East Jerusalem. If approved, construction of the units will make Nof Zion the largest Israeli settlement enclave in East Jerusalem.

Peace Now, which was first to report the story, wrote:

It appears that the [Israeli] government has opened all the floodgates when it comes to settlement developments within Palestinian neighborhoods. Building a large settlement in the heart of a Palestinian neighborhood would constitute a severe blow to Jerusalem and to the chance to arrive at a two state solution. This is not a matter of real estate but a matter of politics and sovereignty, as the Israelis moving to homes inside Palestinian neighborhoods are motivated solely by ideology, and are trying to prevent a future compromise in Jerusalem.

Plans for 395 new units for the Nof Zion enclave were originally approved in 1994, but the first phase of construction bankrupted the developer. A drama ensued over the fate of the project, after a Palestinian-American made a bid to buy the development rights. His winning bid was ultimately blocked by right-wing Israelis [with a key role played by Jerusalem settler impresario Aryeh King] who objected to the sale of the property – in an Palestinian neighborhood – to an Arab.

As it stands, only the Prime Minister’s personal intervention might stop the construction, which does not seem likely given Netanyahu’s repeated declaration that his is the most settlement-friendly government in the country’s history.

The units are not the only construction happening in Nof Zion. Earlier this year, the government approved a plan to build a new synagogue and mikveh on private Palestinian land that was expropriated from the Jabel Mukaber neighborhood in 2016.

Ir Amim writes:

The primary objective of the settlers’ infiltration into the Palestinian neighborhoods in and around the Old City is to undermine the possibility of dividing Jerusalem, thereby foiling the possibility of a political resolution on the city and an end to the Israeli-Palestinian conflict. The building permits will issue a clear statement that the Israeli government sanctions and supports the establishment of new facts on the ground designed for this purpose.

High Court Lets Settlers Stay in Hebron House [That They Took Over Illegally]

On September 3rd, the Israeli High Court of Justice issued an injunction allowing for a one-week delay of the evacuation of 100 Israeli settlers from the “Machpela House” in Hebron. The settlers have been illegally inhabiting the house, under the protection of the Israeli army, since they broke into the property on July 25th.

The delay is the result of a last minute petition filed by the squatters claiming rightful ownership of the house; the petition gives Palestinian claimants and the state of Israel one week to respond, during which time the settlers are allowed to remain in the house. The injunction reverses an order by the Israeli Attorney General last week to evacuate the settlers by September 3rd.

Peace Now said in a statement about the settlers’ latest petition:

The settlers’ petition is absolutely outrageous and its baseless arguments have been rejected again and again in previous legal proceedings. After having been granted an independent administration a few days ago, it is no wonder the Hebron settlers feel empowered to do as they wish, while ignoring the law and on the expense of Palestinians. [Editor’s note: the reference to an “independent administration” relates to a decision last week, explained in the same Peace Now explainer linked above, to promote the status of an administrative body that can represent Hebron’s settlers to the Israeli government].

Amichai Update: Work on New Settlement to Resume with Infusion of Government Funds

On September 3rd, the Israeli Cabinet approved the allocation of 55 million shekels ($15.3 USD) to the Interior Ministry for the construction of the Amichai settlement in the Shilo Valley, the first official new Israeli settlement to be built in 25 years. The construction of Amichai, which was approved as a pay-off for families evicted from the illegally built the Amona outpost, has been stalled for nearly two months for lack of funds.

The Cabinet’s resolution notes that any additional government contribution to the project “depends among other things on court verdicts,” because “legal proceedings are now before the court against the construction of the new settlement, including the infrastructure work.” Last week we reported on a petition to the High Court filed by Bimkom on behalf of Palestinian landowners in the vicinity of Amichai.

The government’s funding will go towards providing public infrastructure to the new settlement: paving access roads, building sewage systems, and connecting it to the Israeli power grid. The 55 million shekels allocated this week fall within the original 60 million shekel budget approved by the Cabinet last year.

U.S. Ambassador Questions if the Occupation Exists, Minimizes Impact of the Settlement Enterprise

In an interview in the Jerusalem Post, U.S. Ambassador to Israel David Friedman articulated major points of the Trump Administration’s approach to Israel, the Palestinians, and peace negotiations.

Alarmingly, the Ambassador called into question whether or not Israel is, in fact, occupying the West Bank. Amb. Friedman – who before he was nominated to be Ambassador had a long history of criticizing the American Jewish Left, including calling its members “kapos” – reportedly told the Post, “The [American Jewish] Left…is portrayed as believing that only if the ‘alleged occupation’ ended would Israel become a better society.” Following the publication of Ambassador Friedman’s interview, a senior White House official told the Guardian that his comments do not represent a shift in U.S. policy.

Israel’s occupation of the West Bank, East Jerusalem, and the Gaza Strip is an objective fact, acknowledged by the entire international community including, until now, the United States. As noted by Americans for Peace Now:

The West Bank and Gaza are viewed by virtually all international legal experts as “occupied territory.” Since 1967, legal experts, including in Israel, have been virtually unanimous in recognizing this…Even the Israeli Supreme Court has repeatedly used the term “belligerent occupation” to describe Israel’s rule over the West Bank and Gaza… Even Ariel Sharon, one of the principal architects of Israel’s policy of building settlements in the West Bank and Gaza, recognized this reality. On May 26, 2003, when he was Prime Minister of Israel, he bluntly told fellow Likud members, “You may not like the word, but what’s happening is occupation [using the Hebrew word “kibush,” which is only used to mean “occupation”]. Holding 3.5 million Palestinians under occupation is a bad thing for Israel, for the Palestinians and for the Israeli economy.”

Also of concern with respect to settlements, Ambassador Friedman said,

If you listened to the Obama administration, you would think that the [Israeli] settlements had overtaken the West Bank. It’s still under 2% of the territory. I am personally convinced that there’s nothing in the current status quo with regards to settlements that precludes the resolution of the Palestinian [issue].

Ambassador Friedman’s 2% figure is misleading. It refers restrictively to the amount of land settlers have actually built on [2% of the West Bank], but does not count the many ways settlements have created a massive, paralytic footprint in the West Bank. This argument was comprehensively dismantled last November by FMEP’s Lara Friedman, in her testimony before the UN Security Council.

In a report last year, Yesh Din explained further:

The jurisdiction areas of many settlements are much larger than the area they actually use. In 2013, the total area under the jurisdiction of settlements, including regional councils, stood at 1.2 million dunams (roughly 120,000 hectares), or 63% of Area C. In practice, the area covered by the settlement enterprise is larger, as it also includes the unauthorized outposts, many of which are outside local council jurisdiction areas, as well as their farmland. Palestinians are barred from entering all of these areas, by virtue of a “closed military zone” order which prohibits entry without a permit.

The settlements command an area that is larger than their residential, built-up portion. Each community has a system of access roads, and each is assigned vast areas intended to ensure the residents’ safety. Many settlements include farmland, industry and commerce zones, green areas and parks, and in many of them the distance between the houses is so large, that the space they take up has no direct correlation to the number of people living in them.

Yesh Din’s full report, “Land Takeover Practices Employed by Israel in the West Bank” is available online here.

Bonus Reads

• “Illegal outpost residents ask court to save parts of homes set to be razed” (Times of Israel)
• “Bedouin Shepherds Between a Rock, a Hard Army, and West Bank Settlers” (Haartez)

 

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