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

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July 19, 2024

1. Historic ICJ Advisory Opinion Says Israel’s Occupation is Illegal, Calls for Settlements to be Dismantled
2. Israel Grants Itself Civilian Control of An Additional 3% of West Bank Land
3. Settlers Enter Abu Nab House in Batan al-Hawa, Silwan As Shehadeh Family Faces 20-Day Eviction Notice
4. Palestinians Blast IDF Closure of Courtyard in Ibrahimi Mosque Complex
5. New Outpost Established East of Ramallah
6. European Union Issues New Sanctions on Israeli Settlers, Orgs, and Outposts
7. U.S. Sanctions Two More Individuals, Including First Military Target
8. Further Reading on Silwan, Masafer Yatta & More
9. Bonus Reads

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Historic ICJ Advisory Opinion Says Israel’s Occupation is Illegal, Calls for Settlements to be Dismantled

In an advisory opinion issued on July 19th, the International Court of Justice ruled that Israel’s occupation of East Jerusalem and the West Bank  is illegal, and its policies constitute apartheid. The Court said that Israel should immediately end its occupation, make restitution to those damaged by it, including dismantling settlements, evacuating all settlers, and dismantling parts of the Separation Barrier that fall east of the 1967 Green Line. It also calls for the return of all Palestinians who were displaced from their homes as a result of Israel’s occupation.

In delivering the Court’s findings, ICJ President Nawaf Salam said: 

“The sustained abuse of Israel of its position as an occupying power through annexation and an assertion of permanent control over the occupied Palestinian territory and continued frustration of the right of the Palestinian people to self-determination violates fundamental principles of international law and renders Israel’s presence in the occupied Palestinian territory unlawful.”

Further, the Court – which is the principal judicial organ of the United Nations – calls on all States “not to recognize as legal the situation arising from the unlawful presence of the State of Israel in the Occupied Palestinian Territory and not to render aid or assistance in maintaining the situation created by the continued presence of the State of Israel in the Occupied Palestinian Territory.” This includes banning trade and investments that touch Israel’s settlements. Though the advisory opinion is non-binding, the Court’s rulings hold legal and moral authority.

The Palestinian human rights group Al-Haq issued a detailed explainer in advance of the opinion’s release, which is a good resource for understanding the legal questions the Court was considering. Following the publication of the opinion, Al-Haq posted on X:

“This is a first step towards rectifying the generational harm of Israel’s illegal occupation, ongoing Nakba, settler-colonialism and apartheid to the Palestinian people, which must be ended, and all Israeli discriminatory measures and legislation repealed. Set against a backdrop of aggressive settlement expansion, increased settler attacks & the GazaGenocide the Advisory Opinion is a stark reminder to States and corporations alike of the need to take concrete action against Israel’s crimes and end Israeli presence in Palestine.”

Even in advance of the release of the ICJ’s advisory opinion, Israeli government officials were bracing for its findings. Smotrich even called on Netanyahu to annex the West Bank in retaliation, a demand he reiterated after the opinion was published.

Israel Grants Itself Civilian Control of An Additional 3% of West Bank Land

Peace Now reports that the Israeli Commander of the Central Command has signed two new orders granting the Israeli government vast planning authorities an additional 3% or 41,300 acres (167,000 dunams) of the West Bank, in the areas to the east of and between Bethlehem and Hebron. Previously, these lands were under the (theoretical) civilian control of the Palestinian Authority (areas A & B according to the Oslo Accords), much to the dismay of settlers and their government allies who have been agitating for control over an ever-increasing amount of land in the West Bank in order, at least in part, to demolish Palestinian construction in the area.

The first order granted Israeli authority to operate in these areas, and the second order made construction in the areas illegal – establishing guidelines for Israeli authorities to demolish any/all Palestinian buildings if they were built after 1998 (the Wye Agreement). Importantly, Bezalel Smotrich and his allies hold authority within the Civil Administration to pursue and enforce demolitions.

Peace Now said in a statement:

“There is no end to the desire for control and annexation by the settler government. The Israeli government is taking upon itself authorities that Netanyahu himself transferred to the Palestinians under the Wye Agreement in 1998. There is no Israeli interest in demolishing Palestinian homes in Area B, which will only harm Israel’s security and international standing, but it solely serves the interests of messianic settlers. It should be noted that the “Agreed-Upon Reserve” is not a genuine nature reserve. It is an Israeli invention born out of the Wye Agreement, where Netanyahu sought to prevent the implementation of agreements signed with the Palestinians and to avoid transferring authority to them in these territories. Therefore, they were defined as “reserves” so that the territories would be transferred to Palestinians but with a prohibition on Palestinian construction. However, they do not constitute an actual reserve.”

Settlers Enter Abu Nab House in Batan al-Hawa, Silwan As Shehadeh Family Faces 20-Day Eviction Notice

Peace Now reports that on July 16th settlers entered the home owned by the Palestinian Abu-Nab family in Silwan and immediately began construction work inside. Last week the Jerusalem District Court ruled in favor of the settlers claim to home and ordered the immediate dispossession of the Abu Nab family. Settlers acted fast to take possession of the home while the family was not home, even as the Abu Nab family lawyer prepared an appeal against the ruling.

On the same day that settlers entered the Abu Nab family home, the Shehadeh family (who lives next door to the Abu-Nabs) received an eviction notice giving them 20 days to leave their home or face forcible eviction.  The Shehadeh family has already been denied an appeal by the Israeli Supreme Court.

Peace Now said in a statement: 

“This is a real alarm. If the government does not intervene and if pressure is not applied on it to intervene, we may see Israeli police forcibly evicting Palestinian families from their homes in Silwan in the coming weeks, and settlers moving in instead. This is a terrible injustice based on discriminatory laws and the exploitation of the vulnerability of East Jerusalem residents, who are not equal citizens living under occupation in Jerusalem. This is part of a larger scheme to expel an entire Palestinian community to make way for settlements in East Jerusalem, and this crime must be stopped. Now.”

Palestinians Blast IDF Closure of Courtyard in Ibrahimi Mosque Complex

The Palestinian-run Hebron Municipality condemned the closure of a courtyard outside of the Ibrahimi Mosque in Hebron. The director of the Hebron Endowments, Ghassan Al-Rajabi, on July 11th Israeli troops used sheet metal to close off the courtyard area. Rajabi called it, “a blatant assault against the sanctity and status of the Mosque.”

The Hebron Municipality issued a statement saying:

 “This assault comes as part of the statistical projects that seek to consecrate the honorable Abrahamic Shrine and its surroundings, and impose complete control over it by erecting tracks and an electric elevator earlier to facilitate the settlers’ access to the shrine, which will cause its historical and religious landmarks to be distorted and changed and violated the religious and cultural rights of the original owners of the land And the ability to exercise and access their religious rights freely and safely. Know that the occupation authorities had this plan for years and it has been objected and objected by the Ministry of Endowments and Religious Affairs, the owner of the legal, legal and administrative state on the shrine.”

New Outpost Established East of Ramallah

Palestinian sources report that settlers established a new outpost east of Ramallah on July 15th. 

Hassan Mleihat, the general supervisor of the Al-Baidar Organization said at a press conference: 

“A group of extremist settlers set up tents and placed barbed wire over land belonging to the village of Burqa, east of Ramallah…This area has seen rising conflicts between illegal settlers and Palestinians over land, and the new outpost is part of the occupation government’s plans to seize more land for settlement expansion.”

European Union Issues New Sanctions on Israeli Settlers, Orgs, and Outposts

On July 15th the European Union on Monday sanctioned five Israeli settlers, two outposts and one settler organization group that it deemed are “responsible for serious and systematic human rights abuses against Palestinians in the West Bank.” the European Council, the E.U. body that represents the heads of the member governments, said in a statement. 

These sanctions duplicated some of the sanctions the U.S. has imposed already. 

Israeli press reports that several additional countries – including the U.K. under new leadership – have warned Israeli officials that more sanctions should be expected should Smotrich continue his settlement and annexation activities. Haaretz reports that Israeli officials are concerned sanctions will be placed on the major settler groups Amana and Regavim.

U.S. Sanctions Two More Individuals, Including First Military Target

The United States made two announcements of new sanctions this week. First on July 17th the U.S. said it had designated Shlomo Yehezkel Hai Sarid, who is the head of the previously-sanctioned Tsav 9 settler organization. Then on July 18th the U.S. announced that it had sanctioned Elor Azaria, who is a former IDF sergeant who was filmed executing a wounded Palestinian in 2016. Azaria was convicted by an Israeli court and served only 18 months in prison. 

So far, the U.S. has placed sanctions on 11 settlers and 11 settler entities who have perpetrated violence and disorder in the West Bank. Azaria is unique among the designated individuals in that he was sanctioned for his actions while serving in the Israeli IDF some eight years ago, not for his active participation in settler terrorism.

Further Reading on Silwan, Masafer Yatta & More

Following FMEP’s publication of the Settlement Report last eek, several new must-read resources have been published regarding stories that FMEP closely follows.

On the pending mass displacement of Palestinians from Silwan:

• Peace Now published a very detailed explainer on the four legal cases at the forefront of the fight currently underway.

On the ongoing settler terrorism that is making live untenable for Palestinians in the South Hebron Hills:

• AP published, “Mounting home demolitions and settler attacks plunge a Palestinian village into crisis” (AP)

On the every escalating campaign by settlers to weaponize archaeology in pursuit of displacing PAlestinians and seizing control over the West Bank:

• The Jerusalem Post published an op-ed claiming that the Palestinian Authority is directing the “wanton annihilation of Jewish heritage” in the West Bank and calling for the Israeli government to seize control over all sites in Area B. 

Bonus Reads

1. “The US held off sanctioning this Israeli army unit despite evidence of abuses. Now its forces are shaping the fight in Gaza” (CNN)
2. “Some 100,000 Palestinian Residents of Jerusalem Receive Only 4-12 Hours of Running Water per Week” (Ir Amim)
3. “Israel’s legalization of settlements in the northern West Bank, explained” (Mondoweiss)
4. “Far-right groups that block aid to Gaza receive tax-deductible donations from US and Israel” (AP)
5. “What life is like for Palestinians living under Israeli occupation” (Al Jazeera Video)