Settlement & Annexation Report: September 27, 2024

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

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September 27, 2024

  1. High Court Denies Request to Allow Zanuta to be Even Minimally Rehabilitate Village After Settler Destruction
  2. Bimkom Report on Outpost Retroactive Authorization
  3. Israeli Groups Release Report on Annexation
  4. U.S. Congress Votes to Advance Bill that Labels Settlements As Israel, Greenlighting Annexation
  5. Bonus Reads

High Court Denies Request to Allow Zanuta to be Even Minimally Rehabilitate Village After Settler Destruction

On September 18th, the human rights group Haqel filed an urgent appeal to the Israel High Court of Justice on behalf of the residents of Zanuta seeking permission to undertake minor construction in order to make the village inhabitable again. Settlers damaged, destroyed, and ransacked every building in the village after residents fled the village on October 28, 2023 under rampant and unmitigated settler terrorism. 

In response, the Court said the residents are not allowed to undertake any building in their village because the entire area is an Israeli-designated archaeological site. When Haqel submitted its appeal it had included an expert legal opinion, including an archaeological expert who informed the Court that there is no archaeological obstacle to allowing the residents to rebuild structures to status quo ante. The opinion – which is signed by five renowned Israeli international law experts – goes on to conclude “we are of the opinion that the actions taken by the authorities towards the residents of the village of Zenuta constitute a forcible transfer of the residents from their village.”

In past hearings, the Court has suggested to the residents of Zanuta that in light of their plight and the prohibition on building in their village, they have the option to move to a new area of land approximately 2.5km north, a patch of land that abuts the borders of Areas A and B – – a convenient location for the State of Israel and its settlers who have moved to annex Area C and clear it of Palestinians. 

Breaking the Silence said in a statement:

“The case of Khirbet Zanuta holds enormous symbolic importance in that the success or failure of the residents’ return will set an important precedent for many of the other villages that have been forcibly expelled. We urge stakeholders and people in positions of influence in the international community to act decisively, to apply pressure to the Israeli authorities with regards to allowing for reconstruction of the village (with the pre-October status quo as the relevant reference point for ‘new’ construction) without fear of the authorities demolishing homes or confiscating equipment, as well as law enforcement against the violent settlers who are intent on making it impossible for residents to live there.”

Bimkom Report on Outpost Retroactive Authorization

Bimkom: Planners for Human Rights released a report this past February entitled, “Connection to infrastructure and establishment of public buildings in outposts included in legalization processes.” The report dismantles any notion of legality behind the Israeli governments stated plan to retroactively authorize 70 outposts, as announced in February 2024. Bimkom also surveys its legal, planning, and economic consequences. Bimkom writes:

“It [the report] shows that the planning procedure is nothing more than a cover for de facto regularization of the outposts, since in the vast majority of cases the most basic conditions for advancing regularization are not met.”

Israeli Groups Release Report on Annexation

The Association for Civil Rights in Israel, Breaking the Silence, Ofek, and Yesh Din’ just published an English translation of its July 2024 report, A Silent Takeover: Changing the Nature of Israeli Control of the West Bank.” It’s summary reads:

“The Government of Israel is methodically implementing a strategy designed to achieve the political vision of applying full Israeli sovereignty to the West Bank, while establishing a reality of Jewish supremacy and forcing the Palestinians living in the Area into to the smallest possible geographical space. 

Many of the government’s steps alter the face of the West Bank and the structure of Israeli control there, including:

 > Appointing MK Smotrich as the Additional Minister in the Ministry of Defense and transferring broad powers from the Military Commander to MK Smotrich

 > Approving immense budgets for expanding the Israeli settlements in the West Bank and improving infrastructure and quality of life there

 > Retroactively authorizing Israeli outposts

 > Declaring state land and nature preserves

 > Denying settler violence and not enforcing the law

 > Abusing Palestinian communities, leading to their forced expulsion from their homes.

This current government is stripping off the mask that Israeli governments have insofar worn. For years, it presented Israel as a regime in the Occupied Palestinian Territories that upholds the legal obligations incumbent upon it in the West Bank, and whose administration’s decisions are subject to judicial review by the Israeli Supreme Court. The government’s policy now openly seeks to apply Israeli sovereignty and reinforce Jewish supremacy in the West Bank.”

U.S. Congress Votes to Advance Bill that Labels Settlements As Israel, Greenlighting Annexation

FMEP’s Lara Friedman reports that the U.S. House of Representatives has voted to pass a bill that calls for the U.S. to label any/all products from coming from Israeli settlement as “Made in Israel.” Called the “Anti-BDS Labeling Act” (HR 5179) the bill gives a greenlight to Israel’s de facto annexation of the settlements. It passed by a vote of 231-189, with all Republicans plus 16 Democrats voting in favor.

HR 5179 was introduced by Rep. Claudia Tenney (R-NY), who was visited by a delegation of Israeli advocates headed by Yossi Dagan, the head of a settler regional council and longtime pro-settlement advocate. In press coverage of the meeting, Israel Hayom reports that Tenney and Dagan agreed to collaborate on advancing another bill, which Tenney introduced in March 2024, that would mandate the U.S. government to adopt “Judea and Samaria” as official terminology instead of “West Bank.”  That bill, according to Friedman, has seen no action since it was introduced.

Opposing HR5179, Rep. Nadler (D-NY) – posted a video on X saying:

“This bill isn’t about combatting BDS—it’s about attempting to green light Israeli annexation of Area C of the West Bank and undermining the Biden-Harris’ Administration’s delicate negotiations to end the Israel-Hamas war.”

Friedman explains:

“As has always been the case in this battle over how to label the place-of-origin of settlement products, the argument behind HR 5179 boils down to: (1) if people know that a product was produced in a settlement, some will likely choose NOT to buy the product, in a decision that reflects their personal opposition to Israeli occupation/settlements; (2) such an action by an individual consumer, as an expression of their own deeply-held values, is a form of BDS and as such is antisemitic, anti-Israel; (3) the U.S. government, as part of its support for its ally Israel, must implement policies that in effect establish special place-of-origin rules for Israel [i.e., hold Israel to a different standard than the rest of the world] that protect Israel/settlements; (4) These Israel-specific rules-of-origin must ensure that U.S. consumers who might want to make an informed decision with respect to purchasing or not purchasing settlement products are prevented from doing so — in this case, by depriving them of accurate place-of-origin data; and (5) Failure to implement/enact policies that in effect prevent US consumers making informed decisions with respect to whether or not they wish to purchase settlements products is antisemitic, anti-Israel, and a form of BDS.”

Bonus Reads

  1. “The U.S. Must Sanction Israel’s Messianic Ministers – and American Jews Should Welcome It” (Haaretz)
  2. “Movement and Access in the West Bank | September 2024” (OCHA)