Welcome to FMEP’s Weekly Settlement Report, covering everything you need to know about Israeli settlement activity this week.
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September 20, 2024
- Israeli Supreme Court Orders Immediate Eviction in East Jerusalem, Fears of Mass Expulsion Grow
- Residents of Zanuta Return to Land to Find Destruction, Israel “Offers” Permanent Displacement as Solution
- UN Adopts on Resolution Calling for Israel to End Illegal Occupation of Palestinian Territory
- Blinken Calls on Israel to Changes Rules of Engagement in the West Bank
- Bonus Reads
Israeli Supreme Court Orders Immediate Eviction in East Jerusalem, Fears of Mass Expulsion Grow
On September 10th, the Israeli Supreme Court unanimously rejected a final appeal submitted by the Ghaith family (15 people), affirming the District Court’s ruling to evict the family from their longtime home in favor of the Ateret Cohanim settler organization. The Ghaith family was ordered by the Court to immediately leave their home located in the Batan al-Hawa section of the Silwan neighborhood of East Jerusalem, where 85 families face dispossession (details). Underscoring the struggle Palestinians face in Silwan to remain in their homes and on their land, in addition to the eviction cases threatening mass displacement, Israel is also carrying out an accelerated demolition campaign targeting Palestinians in Silwan over the past year.
Ir Amim reports that since October 7th there has been a dramatic spike in court decisions to evict Palestinians at the behest of settlers, with 14 families having been dispossessed in the past six months – including the Shehadeh family who were dispossessed of their home just one month ago. More – this is the second major case in the past two months that has seen a Palestinian family thrown out of their homes in Silwan – – setting an increasingly entrenched precedent for the cases that are still pending. All of these cases hinge on the settlers’ use of the discriminatory law (the 1970 Legal and Administrative Matters law) and the Court’s continued acceptance of that law as a weapon by which to replace Palestinians with Jews. The law provides a right for Jews to reclaim property that was owned prior to 1948, but abandoned during war. Palestinians are provided no such right and further, as Ir Amim explains, “to the contrary, the 1950 Absentee Property Law enshrines that Palestinians who were forced to abandon their homes and lands in what became Israel after the war of 1948 can never retrieve them.”
Ir Amim writes:
“Although the Israeli government often characterize these cases as private real estate disputes, they are rather part and parcel of a systematic campaign aimed to cement Israeli control over the Old City Basin, the most religiously and politically sensitive part of Jerusalem. These measures are reinforced by a constellation of settler-operated tourist sites, which together, serve to alter the character of the space and forge a ring of Israeli control around the Old City. This creates an irreversible reality on the ground that deliberately erodes conditions for an agreed political resolution on Jerusalem and the rest of the territory. Such actions severely violate the individual and collective rights of Palestinians in the city, while carrying an acute humanitarian impact on the affected families.”
Noting that both the Ghaith family case and the Shehadeh family case (which one month ago concluded wit the dispossession of the family in favor of settlers) have been ruled on by conservative Israeli Justice Sohlberg, Peace Now says in a statement:
“If this eviction is carried out, God forbid, it will be an injustice and a crime against a vulnerable population under occupation in East Jerusalem, leaving an indelible stain on the State of Israel. The government can and must stop the forced displacement of an entire community and the responsibility lies on its shoulders. The International Court of Justice (ICJ) specifically referred in its opinion to the system of discriminatory laws and the Israeli settlement policy in East Jerusalem and determined that it is a violation of international law. Although the matter is political and the legal process is only the tool for its realization, it is important to emphasize that Judge Solberg’s decision stands in contrast to the decisions of other judges in the Supreme Court who have granted permission to appeal in similar cases. It seems that Judge Solberg is using his powers to prevent the discussion from reaching judges whose position is different from his own, precisely two days before the state’s position on the issue is supposed to be given to the court.”
Residents of Zanuta Return to Land to Find Destruction, Israel “Offers” Permanent Displacement as Solution
It has been nearly a year since the residents of Zanuta – a remote herding community in the South Hebron Hills – has been forcibly displaced from the lands under the shadow of continuous settler violence and lack of any action by the IDF to stop the terrorism, which only escalated in the wake of October 7th. In July 2024 the Israeli High Court of Justice ruled that the State of Israel must facilitate their safe return to the land. Villagers started returning to the area in August to discover that in the intervening months, settlers have been allowed to enter the area and destroy nearly all of the houses, the small school, and the village’s health clinic. The village appeared ransacked. Only days after their initial return, the village was attacked by Yinon Levy (a settler under international sanctions for his involvement in violence) while the Israeli police and army watched.
With the legal assistance of Haqel, the villagers submitted a request with COGAT to restore and protect the village’s buildings. Instead of offering that small measure of justice, the Civil Administration responded by “offering” the villagers a chance to relocate their lives to land 2.5km away – land that Israel has declared to be “state land” but land that is adjacent to Areas A and B (not situated solidly in Area C, as the current village is). The letter also stated that the Civil Administration will not permit any new construction in the current village and intends to carry out enforcement against buildings that lack Israeli permits in 30 days.
Haqel issued the following statement in response to the absurd proposal:
“the state is threatening the residents with destruction of the remainder of the demolished building in the village if the residents accept the offer to evacuate the village and move to the area adjacent to areas A and B. There is no doubt that the state’s proposal at the present time, precisely with the return of the residents to their village by order of the High Court after the previous violent expulsion, is intended to formalize and complete the deportation of the residents of the village of Zanuta where the settlers began their efforts to ethnically cleanse Area C of its Palestinian residents. The state ignores any historical and proprietary connection of the residents to the village who have in their possession documents proving their rights to hundreds of dunams of private land in the village and forcing them to be displaced to an area in which they have no property rights and where there are other Palestinian landowners present.”
UN Adopts on Resolution Calling for Israel to End Illegal Occupation of Palestinian Territory
On September 18th, the United Nations General Assembly voted to adopt a resolution demanding that Israel end “its unlawful presence in the Occupied Palestinian Territory” within 12 months. The resolution further calls for member states to cease transferring arms to Israel that may be used in the occupied lands. Only 14 countries voted against the measure, including Israel and the United States. Kenneth Roth, founder and former director of Human Rights Watch, suggests that:
“The US government’s response suggests a refusal to recognize the new legal reality in which Israel now finds itself….The US government’s response to the general assembly resolution reflected (at least feigned) ignorance of the legal paradigm shift that has occurred. The Biden administration accused the general assembly of “ignoring Israel’s very real security concerns”, but that misses the point of the ICJ ruling. Those security concerns must be met from within Israel, not through occupation.”
While the resolution is non-binding, it provides decisive clarity that the majority of the world (124 out of 198) holds Israel’s occupation is illegal and should end. The resolution’s language is largely informed by the advisory opinion issued by the International Court of Justice some two months ago.
Blinken Calls on Israel to Changes Rules of Engagement in the West Bank
U.S. Secretary of State Antony Blinken called upon Israel to change its rules of engagement in the West Bank after an American citizen, Aysenur Ezgi Eygi, was shot in the head and killed by an IDF soldier while participating in a protest against the Evyatar outpost in the Palestinian village of Beita.
Eygi’s family said in a statement:
“Aysenur, an activist and volunteer, was peacefully standing for justice as an international observer and witness to Palestinian suffering. She was taking shelter in an olive grove when she was shot in the head and killed by a bullet from an Israeli soldier. This cannot be misconstrued as anything except a deliberate, targeted and precise attack by the military against an unarmed civilian.”
The family’s statement helps put the spotlight on the ongoing struggle of Palestinians from the area of Beita to stop the retroactive legalization of a violent outpost, which was established illegally by settlers on a strategic hilltop named Mount Sabih, located just south of Nablus on land historically belonging to nearby Palestinian villages Beita, Yatma, and Qablan. Palestinians have held weekly protests against the government’s plans and the continued presence of settlers in the area ever since – protests which have resulted in no fewer than seven Palestinian protesters dying as a result of the harsh and violent actions by the IDF to quash the protests. Then, on July 8, 2024, the Israeli government declared 16 acres (66 dunams) of land as Israeli “state land” in order to pave the way for the legalization of the Evyatar outpost. The declaration is the result of three years of “work” by Smotrich’s Settlements Administration to examine the status of the land in order to find a way for the state to take control of the land in order to legalize the outpost. The declaration was made one week after the Israeli Security of Cabinet decided in favor of legalizing the Evyatar outpost along with four other outposts.
Blinken said:
“We’ve long seen reports of the security forces looking the other way when extremist settlers use violence against Palestinians. We’ve seen reports of excessive force by Israeli security forces against Palestinians. It’s not acceptable. It has to change. And we’ll be making that clear to the senior-most members of the Israeli government.”
Bonus Reads
- “IDF expands Judea and Samaria security guards authority” (JNS)
- “A plan to liquidate northern Gaza is gaining steam” (+972 Magazine)
- “Annexation, Expulsion and Israeli Settlements: Netanyahu Gears Up for Next Phase of Gaza War” (Haaretz)
- “What Settler Violence Is Doing to Israel’ (The Atlantic)
- “How extremist settlers in the West Bank became the law” (Financial Times)
- “How the Israeli settlers movement shaped modern Israel” (The Conversation)
- “Israel’s Existential Threat from Within” (NYT The Daily Podcast)