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Annexation Policies FMEP's Annexation Tracking Tables Expropriating Privately Owned Land to Retroactively Legalize Outposts and Settlement Structures [Table 1 of 3] Knesset/Party Action Executive/Ministerial Action Judicial Action June 9, 2020: In response to the High November 2020: Reports state that Israeli August 27, 2020: A 3-person panel of the Israeli Court’s decision to overturn the Regulation Defense Minister Benny Gantz is spearheading an High Court of Justice ruled that construction of Law, leaders of the Yamina Party announced effort to expedite the retroactive legalization of the Mitzpe Kramim outpost, located on a ridge that it would once again be advancing at least 1,700 illegally built structures in overlooking the Jordan Valley, was not legislation to allow the Knesset to override settlements across the West Bank, including undertaken in “good faith” and cannot be High Court decisions, saying that anyone notoriously radical and violent outposts granted retroactive authorization under the who opposes the bill “is a leftist.” like Yitzhar. The other settlements and outposts market regulation principle. In a 2 to 1 vote, the reportedly slated to receive approvals from the judges held that the Israeli government bodies May 22, 2019: Regarding the so-called High Israeli government are Beitar Illit, Modi’in Illit, which gave settlers permission (though not Court “override bill,” Likud MK Miki Zohar Maale Adumim, Ariel, Ateret, Halamish, Adora, official authorization) to build the outpost tweeted: “The High Court intervenes in and Otniel. The process of granting retroactive ignored “multiple warning signs” that the land countless decisions, including on settlement legalization to illegal construction both in was privately owned, and therefore those in the Land of Israel; we want to put an end settlements and in illegal outposts has been an bodies did not act “in good faith” in allocating to that. We have the political opportunity to ongoing effort from within and outside of the the land to the settlers. The ruling overturns do so.” Bibi government for decades, and has adopted a a lower court decision in 2018 that affirmed that renewed urgency during the Trump-Bibi era – the settlers, the World Zionist Organization, and April 2019: In negotiations to form the next especially now that Trump is poised to exit the the Israeli government did indeed “act in good government, the head of the Union of Right White House in January 2021. Gantz is faith” with regard to the way the Mitzpe Kramim Wing Parties (URWP), Bezalel Smotrich, reportedly working with his fellow Blue & White outpost was built. Pursuant to this ruling, the issued a list of demands for Netanyahu’s party member and Defense Ministry official Court decided that the structures in the outpost Likud Party amounting to a checklist for the Michael Biton to secure approvals for these must be demolished within three years and next phase of Israel’s de facto annexation of By Kristin McCarthy ([email protected]) 1 Last Updated November 24 2020 FMEP's Annexation Tracking Tables Expropriating Privately Owned Land to Retroactively Legalize Outposts and Settlement Structures [Table 1 of 3] Knesset/Party Action Executive/Ministerial Action Judicial Action the West Bank. None of the URWP’s illegal structures using the “market regulation” ordered the government to provide new housing annexation-related demands are new ideas principle as a legal basis for doing so. for the settlers before they are evacuated. or efforts — a reminder that Israel has been While the result will be (in theory) the removal discussing and promoting annexation policies September 2020: The Israeli government of this specific outpost, this ruling is by no since long before Netanyahu publicly is reportedly working to find a way to means a victory for the private property rights announced it to the international circumvent the recent High Court of Palestinians in the West Bank. Instead community. The fact that they are not new order requiring the evacuation of 12 structures it validates the “market regulation principle” – and, indeed, have in the past generated built on privately owned Palestinian land in the an innovative legal tactic designed by Israel’s significant support — coupled with Mitzpe Kramim outpost from evacuation. Of the Attorney General to facilitate the erasure of Netanyahu’s newfound public enthusiasm for 16 structures in the Mitzpe Kramim outpost, 12 Palestinian private property rights for the sake annexation and the Trump Administration’s were built on land that Israel has (very of the settlements. This is the first case Golan annexation trial balloon — suggests reluctantly) acknowledged to be owned by involving the “market regulation” principle that that Smotrich’s/URWP’s annexation-related Palestinians. Settlers say that evacuation of the has made its way to the High Court of Justice, demands are more than mere political 12 homes will spell the end for the entire making this a significant – though not definitive – gamesmanship. Rather, they should be outpost community. Israel’s Reshet Bet radio ruling on the applicability of the principle more examined carefully and treated as serious. reported that Israeli Settlement Affairs Minister widely. Here are the demands: Tzachi Hanegbi, Binyamin Regional Council • Demand #1: Giving a simple majority in mayor Yisrael Gantz, and senior Netanyahu aid the Knesset the power to overrule the Ronen Peretz are working together on a plan to June 9, 2020: The Israeli High Court of High Court of Justice. Smotrich demands get around the Court ruling. There is reportedly Justice overturned the Regulation Law, finding that the government promote the “High a sense of optimism that the team will succeed that: Court override bill.” If this becomes law, because the Israeli Attorney General supports 1. The Knesset cannot legislate directly over the it will allow the Knesset to re-enact the settlers’ claim to stay in their homes, and West Bank. The Court’s ruling acknowledged that legislation that had been struck down by because Israeli Justice Minister Avi Nissenkorn the West Bank is a region under “belligerent Israel’s highest court by a simple majority criticized the ruling, which was issued on August occupation,” where the norm for 53 years has vote, in effect turning rule of law into 27th. been that the Israeli military commander is the rule by the dictatorship of the majority. temporary, de facto sovereign authority, not the • Demand #2: Give URWP power to August 31, 2020: The Israeli Civil Knesset. The Regulation Law violates this norm. retroactively legalize illegal settler Administration issued expropriation orders for construction and to open the settlement two archaeological sites in the West Bank 2. Palestinians living in the West Bank have By Kristin McCarthy ([email protected]) 2 Last Updated November 24 2020 FMEP's Annexation Tracking Tables Expropriating Privately Owned Land to Retroactively Legalize Outposts and Settlement Structures [Table 1 of 3] Knesset/Party Action Executive/Ministerial Action Judicial Action floodgates. Smotrich demands the located on privately owned Palestinian property the special status as “protected persons” living formation of a ministerial committee northwest of Ramallah. The expropriations – the under “belligerent occupation,” and Israeli headed by a URWP member that would first of their kind in 35 years – come amidst a settlers do not enjoy the same status (i.e., take over the implementation of plans to new campaign by settlers lobbying the settlers are not part of the “local population” of retroactive legalize all unauthorized government to take control of such sites, based the West Bank). This particular statement settlement construction and outposts, on the settlers’ claims that antiquities are being overturns a previous opinion issued by former entrenching even the most far-flung and stolen and the sites are being mis-managed by High Court judge Salim Joubran in 2017, which isolated outposts and allowing for their Palestinians. The settlers’ pressure is also said settlers can be considered part of the local expansion. Smotrich also wants this credited as the impetus behind the population — an opinion which had far-reaching committee to take control of the government’s clandestine raid of a Palestinian implications for Israel’s rule over the West Bank. Settlement Division of the World Zionist village in July 2020 to seize an ancient font. 3. The law violates the right to property and the Organization and its efforts to settle Jews right to equality, because it only provided a in all areas of the West Bank. January 15, 2020: Israeli Defense Minister basis for the confiscation of Palestinian land for • Demand #3: Disband the Civil Naftali Bennet announced that he has ordered Israeli use, but not vice versa. Administration. By shuttering the Civil the creation of seven new “nature reserves” in Administration – the legal structure the West Bank and the expansion of 12 existing 4. The law does not serve a legitimate purpose. supporting and maintaining occupation reserves. According to Peace Now, 6.5% of the On this point, Peace Now writes: “Most purposes created by Israel as a means to administer land Bennett has designated for the new nature presented by the state for why expropriating the West Bank as distinct entity from reserves is, in fact, privately owned by Palestinian private land was allowed were sovereign Israeli territory – any legal Palestinians. The act of designating land as a deemed illegitimate [by the Court]. Only
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