REPORT ON IN THE OCCUPIED TERRITORIES

A Bimonthly Publication of the Foundation for Middle East Peace Volume 22 Number 3 May-June 2012

THE RULE OF LAW VS THE RULE BY LAW

By Geoffrey Aronson the village of Silwad and has been the tinian property, he said he could not. site of contentious settlement efforts Claiming Space Many years ago I visited the West since Amona’s dwellings were put in Bank settlement of Ofra, just east of place in 1997. After Israel’s High Court The example of Ofra has been Ramallah. Ofra, established in 1976 as of Justice ruled that the nine perma- repeated throughout the a “work camp” by Shimon Peres, then nent houses there had been illegally during what will soon be a half century minister of defense, is the jewel in the constructed on private Palestinian land, of settlement beyond Israel’s June 1967 crown of the Gush Emunim (Bloc of the Ehud Olmert’s government demolished border. According to some objective Faithful) settlement movement. the permanent dwellings in 2006, but measures, the settlement enterprise has Soon after taking office in 1977, the caravans and the settlers remained. been extraordinarily successful: Israel newly elected Likud prime minister Me- Khaled Mishal, the leader and has transferred in defiance of unanimous nachem Begin recognized the outpost native son of the village, once told me international sentiment more than half for what it was always meant to be—a that he used to do his physics homework a million of its citizens, almost 7 per new, permanent settlement. atop the then-pristine summit. cent of the state’s total population, to The entry of settlers into this region On another occasion, during the almost 300 distinct locations outside its proved to be the vanguard of a settle- second intifada, Harel invited me to a borders—a feat unmatched in recent ment blitzkrieg that opened up the Sabbath prayer service at an impromptu history. West Bank heartland to two generations site overlooking Road 60, a short walk The consensus view of the interna- of tens of thousands of settlers. Their through the newly fenced off lands tional community has long been that successes set the stage for ’s belonging to the village of Ein Yabrud, this entire effort contravenes interna- 1996 exhortation to “grab the hilltops,” where Benjamin Kahane, son of Meir tional law. The large majority of Israelis in and around Ofra and throughout the Kahane, and his wife had been shot and think differently and during the last West Bank as a whole, inaugurating the killed in 2000 by Palestinian gunmen. decades have created for themselves an creation of about a hundred new settle- A military watchtower and a prayer tent Alice in Wonderland world that rejects ment “outposts.” had been erected at the site, a practical the international consensus and instead My host that day was Israel Harel, expression of the symbiotic relation- consecrates as “legal” the wholesale a founder of Ofra and key player in ship between settlers and the army. The theft of Palestinian land and the denial Gush Emunim. His son Etai is one of prime agricultural land was now off of internationally supported rights of the founders of Migron, the oldest and limits to villagers. Today, a new neigh- national self-determination. Israel’s rul- best-established outpost sparked into borhood of red-tiled houses, inhabited ing institutions—the Knesset and the existence by Sharon, sited on a hilltop a in defiance of a court order, has been courts—are the instruments for impart- few kilometers south of Ofra adjacent to constructed on it. ing a stamp of legality on an extraor- the new road built to connect the new Settlers like Harel, his son, and their dinary system that has all but emptied settlements established along the central supporters have always insisted that the essential protections afforded by the mountain spine of the West Bank. private Palestinian land has never been rule of law—equal treatment, a presump- Harel and I climbed the gently taken for settlement unless duly paid for. tion of innocence, the sanctity of private ascending route next to his house to a A long and sordid trail of forged bills property, and clear and transparent nearby hilltop where the settlement of of sale and powers of attorney suggests administration—to Palestinians living Amona sits, commanding a glorious otherwise. When I asked Harel if he view east into Jordan. The hilltop abuts could accept the theft of private Pales- LAW, continued on page 6 TO OUR READERS FOUNDATION FOR MIDDLE EAST PEACE The Obama administration has, for the offend the Israeli government. most part, shown competence and pragma- It will not be easy, in any case, to restore Merle Thorpe, Jr. tism in dealing with the Arab Awakening American diplomatic leadership after a Founder and the Middle East, including Egypt, Iran, two-year retreat and to rebuild credibility (1917–1994) Libya, Iraq, and the conundrum of Syria. with Israelis, Palestinians, and regional But its current approach to the Israeli- states. The conflict today is more serious Philip C. Wilcox, Jr. Palestinian conflict has been driven by than ever. Prime Minister Netanyahu’s en- President pre-election domestic politics, not Ameri- hanced coalition, the decline of Israeli peace can strategic interests. The result has been a politics, and the perception that the U.S. Geoffrey Aronson sharp reversal of active diplomatic leader- will always protect Israel against isolation Director, Research and ship over the past eighteen months and a and pariah status, discourage realistic Israeli Publications,­ Editor, Report on very cautious policy of avoiding tensions thinking about their country’s strategic situ- Israeli Settlement in the Occupied Territories with the Netanyahu government. ation. And steady expansion of settlements Perhaps Obama has exaggerated the in the West Bank and East Jerusalem, and Nitzan Goldberger power of the right-wing American Jew- division and demoralization among the Waseem Mardini ish and Christian lobbies, which support Palestinians, who have few viable options, Editorial Assistants or condone Israel’s destructive policies of make a reversal of the status quo, absent Samantha Shalowitz occupation and settlement, to defeat him in much stronger U.S. and international inter- James Andrew Lionberger November. Polls and historic data suggest vention, even less likely. Zeinab El Tobgui that presidential policies toward the Israeli- If President Obama wins a second Interns Palestinian conflict do not rank high in the return, he should study the successes of preferences of most American Jewish and Eisenhower, Carter, and George H.W. IN MEMORIAM Christian voters. Bush in applying American power and Stephen Hartwell It is widely assumed that if Obama is re- presidential leadership to create break- (1915–2011) elected, he will try to resume active Israel- throughs in Middle East peace making. DIRECTORS Palestine diplomacy. But U.S. electoral This is still possible. politics are continuous. Some advisors will Landrum R. Bolling still counsel against new policies that would Calvin H. Cobb, Jr. Arthur H. Hughes u —————— —————— Richard S.T. Marsh Richard W. Murphy Jean C. Newsom Gail Pressberg William B. Quandt Nicholas A. Veliotes Philip C. Wilcox, Jr.

The Foundation for Middle East Peace has prepared a presentation of maps illustrat- ing the evolution of the conflict from the UN Partition Plan in 1947, and depicting the growth of Israel’s occupation and settlement project from the 1967 War to the present. To download the presentation visit: http://www.fmep.org/resources/ publications-1/map-progres- sion-1948-1967. Copyright © 2012

2 v Report on Israeli Settlement May-June 2012 Settlement Expansion Planning Ramallah East Jerusalem - June 2012 K.Aqab GIV'AT ZE'EV 2 1 - GAI BEN HINNOM GEVA Bir BINYAMIN 2 - ATAROT Nabala Ram 3 - GIV'AT HAMATOS NEVE 4 - HAR HOMA Beit YA'ACOV Hanina Hizma 5 - KIDMAT ZION Biddu 6 - PISGAT ZE'EV 6 PISGAT ZE'EV Shuafat RAMOT Anata R.SHOLOMO

FR.HILL Palestinian Locality

Za'im Israeli Settlement Sh.Jarrah Tur MA'ALE ADUMIM Settlement Planning I S R A E L OLD Locations CITY Azarya Separation Barrier 1 Silwan 5 Trajectory Kidmat Abu Zion Dis Israeli Municipal Limit Nov Zion East Jerusalem Sawahra ARMON Green Line HANATZIV B.Safafa Roadlink GIV'AT 3 Sur HAMATOS Bahir 5 Km Walaja GILO HAR HOMA 4 Numan Bethlehem

NEW SETTLEMENT AREAS IN GREATER JERUSALEM

Atarot ians and is known for its relatively pristine views of Jerusalem’s Old City. Israel has long planned to construct a settlement at the Palestinians plan to contest the decision. moribund Jerusalem airport on the city’s northern perimeter as a way to link settlements north and west of the city with Givat Hamatos those to its east (see Settlement Report, March 2007). In Febru- Israeli authorities have released plans for 2,610 housing ary 2012, the Jerusalem municipality took the first concrete units and 1,110 hotel rooms in East Jerusalem in the area steps toward developing the airport, by transferring owner- known as Givat Hamatos abutting Road 60 near Gilo and ship of the land from the Israel Airports Authority to the city Har Homa. Construction could start later this year, creating of Jerusalem. This move still needs approval by the Interior the first new, fully fledged East Jerusalem settlement since the Ministry’s National Committee and the Transportation Min- establishment of Har Homa in 1997. istry. Once the area is classified as city land, the municipality On January 3, 2012, the Israeli Housing Ministry and Is- can begin to develop projects and start the approval process to rael Lands Administration published tenders for new housing build them. A municipality spokeswoman called the move a in the East Jerusalem settlements of Pisgat Ze’ev for 47 units “common bureaucratic process.” and Har Homa for 247 units. On April 4, 2012, tenders for 800 housing units were issued for Har Homa C and another Gai Ben Hinnom 72 for Har Homa B. In mid-March the local planning committee approved Kidmat Zion a plan promoted by the settlement organization Elad to construct a restaurant near Gai Ben Hinnom, near the East “Jerusalem mayor Nir Barakat is planning to take advantage Jerusalem neighborhood of Abu Tor. of the U.S. elections in order to create facts on the ground,” “We are speaking of another example of municipal support reported Yediot Yerushalaim on March 30, 2012. “[T]he mis- for Elad,” complained Deputy Mayor Peppi Alalu, the sole sion—Construction approval of a new Jewish neighborhood dissenter in the committee approval, “whose only objective of 250 units next to the [dormant] parliament in Abu Dis. is to expand the Jewish community in East Jerusalem and to [Prime Minister Benjamin] Netanyahu is said to be aware of establish facts in the heart of Arab parts of the city.” Barakat’s plan.” Four Jewish families have resided in the area, The area in question is now used by neighboring Palestin- known by settlers as Kidmat Zion, since 2004. u

May-June 2012 Report on Israeli Settlement v 3 SETTLEMENT TIME LINE

December 23, 2011 Stone-throwing set- 31, 2011. (Arutz 7) Israeli security forces issue restraining orders tlers damage cars in the Palestinian town of barring twelve settlers—from , December 29 Israeli police and Shin Salfit. (NAD-PMG, Negotiations Affairs , Maoz Esther, Ramat Migron, Bet uncover a network of settler activists Department–Palestinian Monitoring Group) and —from the West Bank because monitoring IDF activity in the West Bank in of their violent acts against Palestinians December 24 Settlers in Hebron’s Old an effort to disrupt outpost evacuations and and IDF and other Israeli security person- City assault a 15-year-old Palestinian boy. demolitions. (Ma’ariv) nel in the West Bank. Settler spokespeople (NAD-PMG) 2012 described the operation as “another example December 25 (IDF) January 1 Beit El settlers attack Palestin­ of humiliation residents of [the West Bank] soldiers evacuate a group of stone-throwing ians at the Mahkama checkpoint, near are forced to undergo daily by the defense settlers from Salfit. (NAD-PMG) Ramallah. (NAD-PMG) minister and his messengers, under the aegis December 26 Settlers assault worshippers of the prime minister. . . . We have reached January 2 Settlers from Shilo assault and at the al-Aqsa Mosque compound in Jerusa- a new low in human rights for [West Bank force farmers from Qaryout from their agri- lem’s Old City. (NAD-PMG) settlers].” The father of one of the accused cultural lands. (NAD-PMG) settlers expressed pride in his son as a “war- Roughly 1,200 settlers accompanied by IDF In Asira al-Qabilya, 14 Palestinian civil- rior on behalf of the land of Israel. . . . We soldiers enter to visit Joseph’s Tomb. ians are injured when IDF soldiers use tear survived Pharaoh and Antiochus, we will (Arutz 7) gas to disperse stone-throwing settlers from survive Netanyahu, Barak and the Likud.” December 27 The Israeli High Court Yitzhar. (NAD-PMG) (Arutz 7, Army Radio) rejects a petition by Yesh Din, an Israeli hu- January 3 Before a meeting between Israeli January 7 Settlers assault Palestinian farm- man rights organization, seeking the closure and Palestinian negotiators, the Israeli Hous- ers in Arqan Tarad, a village near Hebron. of Israeli-owned stone quarries in Area C ing Ministry and Israel Lands Administra- (NAD-PMG) of the West Bank on the grounds that their tion publish tenders for new housing in the operation violates Article 55 of the 1907 Three Palestinians and one settler are injured East Jerusalem settlements of Pisgat Ze’ev Hague Convention concerning occupying in clashes in Burin that erupted when settlers for 47 units and Har Homa for 247 units. powers. The quarries in question export 94 from Bracha threw stones and glass bottles at (Ha’aretz) percent of their products to Israeli contrac- residents. (Ma’an News) tors, and most of the employees, except for A group of settlers block the main road in January 8 A group of settlers throw stones some executives, are Palestinian. Justice Dorit Qalqilya and impede traffic for several hours. and injure Palestinians in Hebron. (NAD- Beinisch asserted that the issue of admin- (NAD-PMG) PMG) istering the quarries had been addressed January 4 International Red Cross of- during the 1995 Oslo Accords. Beinisch also January 9 Bet El settlers block the road ficials confirm that will challenged the prevailing international posi- into the Palestinian village of Burqa. (NAD- remove the Star of David emblem from its tion on Israel’s presence in the Palestinian PMG) ambulances operating in the Palestinian ter- territories: “[I]f one were to claim that Israel ritories. MDA’s membership in the Interna- Several dozen settlers attempt to rebuild the was a ‘classic occupying power,’ using the tional Red Cross was contingent upon it not evacuated Oz Tzion outpost, in the Binya- products of the quarries would not [violate operating in occupied territories bearing its min region. Two are detained for attempting Article 55], which has been interpreted to emblem. Unmarked MDA ambulances will to assault police officers and trespassing in a apply to opening new quarries. . . . The rules be permitted to service the settlements in the closed military zone. (Army Radio) of occupation require taking into account the West Bank. (Army Radio) extent of that occupation and ensuring that Shin Bet reports that seven Palestinians from economic life can continue for residents.” Settlers assault Palestinians at the Makhama Harbata al-Masbah were arrested in connec- The justice characterized the Israeli govern- checkpoint for the second time in a week. tion with attacks on Israeli vehicles traveling ment as the only responsible entity in the (NAD-PMG) along Route 443. (Arutz 7) West Bank and said that closure of the quar- Two Palestinian cars tagged with “Revenge” The Israeli High Court rejects a motion ries would violate other tenets of the Hague and “Price Tag” are found torched near Beit filed by Yesh Gvul attempting to block the Convention. (Arutz 7) Safafa, in Jerusalem. (Israel Radio) appointment to the court of Noam Solberg, December 28 Residents of the Ramat a settler. The motion argues that “a settler in The Israeli High Court criticizes the state Gilad outpost reach a compromise with the the occupied territories does not possess the for failing to meet its commitment to dis- Israeli government to prevent the demoli- moral purity that a judge on the Supreme mantle structures built on private Palestinian tion of their buildings. The settlers had been Court must have.” (Arutz 7) land in the outposts of Givat Yosef, Mitzpe asked to move nine mobile structures over Yitzhar, and . (Israel HaYom) Security forces dismantle the Gal Yosef Hill the next five months to what the govern- outpost, in the Shilo bloc in the Binyamin January 5 IDF troops fire stun grenades at ment called “undisputed land.” The deal will region. (Arutz 7) also allow the settlers to build permanent Palestinians attempting to defend themselves structures at the new location. Ramat Gilad against a raid by settlers in Salfit. (NAD- January 10 Settlers open fire on Palestin- was slated for demolition before December PMG) ian children near Qalqilya whom they allege

4 v Report on Israeli Settlement May-June 2012 SETTLEMENT TIME LINE were throwing stones. (NAD-PMG) brigade standards and Israel flags, while and one-fifth of the injured were under the singing the Israeli national anthem through age of 18. Settlers throw stones and injure Palestinians Arab neighborhoods before arriving at the in the Old City of Hebron. (NAD-PMG) January 19 Security forces demolish the Western Wall. (Israel HaYom) outpost of Sela Bracha, near Mitzpe Jericho. reports that 1,850 new settlement IDF troops detain two Palestinians who The outpost consisted of five wooden struc- housing units, a 19 percent increase from the had been attacked by settlers on al-Shuhada tures housing five families. Three settlers are previous year, were planned in 2011. The fig- Street in Hebron. An IDF spokesperson arrested for assaulting police officers at the ure excludes East Jerusalem, which at around says the Palestinians had attempted to throw scene. (Israel Radio) 6,350 new apartments in various stages of rocks at Israeli security forces. Al-Shuhada approval, had the highest number of plans in A group of settlers destroy water pipelines street in the center for Hebron has often a decade. The organization also notes that in and uproot several trees on Palestinian land been the flashpoint of frictions between 2011 the Israeli government had stepped up in Deir Ibzi village, in the Ramallah area. Pal­­estinians and the small group of settlers efforts to legalize 11 unauthorized outposts, (NAD-PMG) that live within the Palestinian city. (Ma’an consisting of 680 structures throughout the News) January 20 Settlers throw stones at Pales- West Bank. (Ha’aretz) tinian vehicles at the Huwwara checkpoint, Near Nablus, settlers destroy more than 100 January 11 On the road between the settle- in the Nablus region. (NAD-PMG) Palestinian-owned olive, fig, and almond ment of Shilo and Ramallah, settlers open trees. (NAD-PMG, Ma’an News) January 21 A group of Israeli settlers fire at a vehicle driven by Maj.-Gen. Ibrahim attempts to vandalize a mosque in Beit Um- Hneihin, wounding him and Palestinians in Settlers throw stones at Palestinian vehicles mar. (NAD-PMG) a car caught in the crossfire. (Ma’an News) traveling along roads near the Yitzhar settle- ment. (NAD-PMG) January 28 A settler in a car strikes an Settlers vandalize a mosque and torch three 18-year-old Palestinian boy waiting for a bus vehicles in the Palestinian town of Deir Settlers vandalize a Palestinian farm in Kafil at the al-Zaim checkpoint, between the West Istiya. (NAD-PMG, Army Radio) Harres, near Salfit. (NAD-PMG) Bank and Jerusalem. (Ma’an News) In Hebron, a settler driving a car strikes and A settler runs over a 13-year-old disabled girl January 29 Israeli police cancel what would seriously injures a three-year-old Palestinian in Hebron. (NAD-PMG) have been the first Education Ministry girl. (NAD-PMG) January 14 A group of settlers physically sanctioned Breaking the Silence tour of A settler driving a car strikes a 17-year- assaults two Palestinians in Hebron’s Old Hebron for Israeli high school students. old girl in Nablus, causing serious injuries. City. (NAD-PMG) The police and Breaking the Silence cited (NAD-PMG) right-wing pro-settler group pressure as well January 15 The Israeli High Court orders as the threat of settler violence as reasons for Two IDF soldiers are arrested on suspicion house arrest for five settlers indicted for run- cancelling the tour. Breaking the Silence is of involvement in settlers’ intelligence-gath- ning an intelligence-gathering operation to an Israeli organization that collects testimony ering activities on outpost evacuations and disrupt outpost evacuations and demolitions. from IDF soldiers serving in the West Bank the December raid on the Ephraim Brigade Judge Yitzhak Amit describes the suspects’ and publishes materials in an effort to edu- base. (Ma’ariv) actions as “not criminal, but rather ideologi- cate the public on military operations in the cal,” which is “legitimate protest.” (Yediot occupied territories. (Ha’aretz, Army Radio) January 12 Settlers from Shilo stone Pal- Aharonot) estinian vehicles at a checkpoint and injure Right-wing settler activists Ben-Gvir Settlers set fire to a Palestinian vehicle in the a Palestinian Preventive Security officer. and Baruch Marzel take over as leads for an Old City of Hebron. (NAD-PMG) (NAD-PMG) Israeli high school student tour of Hebron The High Court rules once again to prohibit January 16 The vehicle of a Palestin- that was intended to be led by Breaking the granting citizenship or residency status to ian Authority intelligence officer is found Silence. (Ha’aretz) torched in Deir Dibwan, near Ramallah. The Palestinians who are married to Israeli citi- February 1 Settlers from Yitzhar throw attack appears to be another in a string of zens. (Yediot Aharonot) stones near the village of Sarra, seriously settler actions targeting PA officials. (Ma’an injuring a 60-year-old Palestinian woman. Around 50 carloads of Palestinians attempt News) to drive from Jericho to Ramallah using (Ma’an News) Yitzhar settlers throw stones at Palestinian Israeli-only roads to protest Israeli restric- The Israeli High Court orders the residents vehicles in the area of Nablus. (NAD-PMG) tions on movement in the territories. They of Migron to vacate the outpost by March were stopped at the Jericho checkpoint, and Settlers unleash a dog to attack Palestinians 31, 2012. The Court had ruled in August five people were detained. (Ma’an News) in the Old City of Hebron. (NAD-PMG) 2011 that the outpost was situated on private January 13 Ateret Cohanim, an organiza- January 17 The UN Office for the Co- Palestinian land. (Ma’an News) tion working to create a Jewish majority in ordination of Humanitarian Affairs reports Jerusalem’s Old City, sponsored a march for that in 2011, five Palestinians were killed and 90 IDF paratrooper recruits through the a thousand injured by settlers or Israeli secu- Muslim Quarter. The soldiers carried their rity forces. Three of the dead were children,

May-June 2012 Report on Israeli Settlement v 5 LAW, continued from page 1 private [Palestinian] land. Settlement is not theft. We have an internal debate on where it is necessary to settle. I am of under occupation. In its place Israel has created a fundamen- the view that we need to settle only in the blocs where there tally lawless regime, an ersatz a rule by law that at best rejects is a chance that they can be linked to Israel. Others have a international norms and instead constructs a veneer of legality different view. One thing that is forbidden to do is to trans- in support of the mission of settlement and the preemption of form settlement into the theft of private land. Not only Palestinian national sovereignty. because it is wrong morally and prohibited legally according to both Israel and international law, but also because we Fairness Israeli-Style will be in a difficult political situation internationally if the In a landmark decision, the High Court ruled in 1979 that debate on settlement focuses on the taking of private land.” Israel could not establish on privately-owned land, civilian set- tlements in occupied territory for which there was no agreed The IDF favors implementation of the court order to military purpose. However, the court also ruled that settlement demolish the dwellings, where 220 people reside, and recon- on “state land,” which Israel now struction of new dwellings on land considers to account for 60 per cent under IDF control elsewhere in the of the West Bank, was legal. And we come back to the matter itself, settlement. Like Meridor, Defense Givat HaUlpana is a neighbor- the “annexation,” which has long since Minister Ehud Barak advocates a hood in the settlement of Bet El, stopped being creeping because it has more subtle argument than right- just north of Ramallah. Israel’s met its goal. The territories that Israel wing nationalists, one that accepts High Court has ruled that the wants have been annexed in practice into in principle the inviolability of houses there must be demolished its territory. They were annexed under private property without surren- by July 1, 2012 because they were ideal conditions for us, in other words: for dering the right to settle. “In an constructed on private Palestinian Israeli governments. The State of Israel advanced democratic country, there land. The Netanyahu government does whatever it wants in them, in other is no possibility of passing legisla- itself acknowledges as much, but it tion that cancels a standing court words: whatever the settlers want. The has refused to implement the order. order,” explained Barak. “Bet El is government has left the policy of settle- In an indirect admission of a large and important community the broad impact of the ruling ment in the hands of its dear boys from that in the future will remain a part throughout West Bank settlements, the hilltops. The government’s role is to of the State of Israel in any future MK Ya’acov Katz explained, “the clean up after them and to put the legal arrangement [with the Palestinian destruction of houses in HaUlpana mess that they tend to leave behind here Authority]. We must find a solution can lead to the destruction of thou- and there (in Migron and Givat HaUlpana to carry out the court order while sands of other homes in Judea and for example) back in order. The facts have strengthening Bet El,” he said. Samaria and this is something the been created on the ground, now please Prime Minister Benjamin Ne- public cannot withstand.” put the matter in order. tanyahu, fearing the international The Israeli debate on how to “What the Boss Wants,” Yedioth response to legislation formalizing accommodate the demands of its Ahronoth, Aviad Kleinberg , May 15, 2012 the theft of Palestinian property own legal establishment and the for Jewish settlement, killed the contradictory political and national bill. The taking of private land for sentiments resembles nothing as much as playing chess with settlement, however, has never proved to be the constraint that oneself. In this game, the issue of settlement as the defining Meridor or Barak suggest. The proof of this is self-evident in clash between Israel and Palestinians over control of the land the facts on the ground in settlements like Ofra and Bet El, as has been re-constructed as a simple question of legality. Israelis well as in the government’s own rulings and reports produced ask themselves, “Do settlers or the State hold recognized by numerous government inquiries. When Israel’s own legal ownership rights”—rights that Israel has manipulated through establishment, even one that assumes that settlement is legal, legal and judicial precedent for decades—to the land they finds occasional fault with the system, the remedy would have settled? If they do, then there is no problem, and Givat appear to be clear and inescapable. Instead, faced with the HaUlpana and scores of other settlements are legal. If they do court-ordered demolition at Givat HaUlpana, Israel’s political not, the choice is either to obey the rule of law (and return sto- establishment seriously considered passage of a law to vacate len land to its owners) or to rely on the rule by law (and stack the court’s ruling, and give a green light throughout the West the legal deck in settlements’ favor). Bank to the settlement of privately-owned land in return for “It is important that the principle is preserved,” explained compensation to the Palestinian landowners. The outpost bill Deputy Prime Minister Dan Meridor to Ma’ariv. stipulated that if private ownership is proven for land on which

We have declared that there can be no settlement on LAW, continued on page 7

6 v Report on Israeli Settlement May-June 2012 SHORT TAKES

Rabbi Haim Druckman: “It’s Time to 20% from area C to make the land contiguous from to Return to Permanently” Hebron with 99.8% of Palestinians inside and without evacu- ating settlements. After the land swaps, my settlement blocs Some 10,000 Israelis came yesterday to the razed settle- will enable 250,000 Jews to stay. We will keep Ariel, Ma’aleh ment of Homesh, in northern Samaria. Among the visitors Adumim and Gush Etzion. The Jordan Valley can be leased were rabbis and public figures who called on the government for 25 years, and Hebron’s Jews can stay as a special case. to reestablish the settlement of Homesh [evacuated in 2005 as Jerusalem Post, April 13, 2012 part of the “disengagement” policy]. Israel Prize laureate Rabbi Haim Druckman said at the rally, “Homesh is part of the land of our lives, and we want to return here permanently. There is Peak Demand for Trips in Judea and Samaria no doubt that everyone admits that what was done seven years An all-time record was set this year in demand for trips in ago was an unparalleled distortion.” Judea and Samaria during this Passover holiday: 8,000 Israelis Yishai Fishman, Makor Rishon-Hatzofe, April 11, 2012 registered for heritage and landscape tours being organized by the Mishkefet NGO during the intermediate days of the Residents of the Samaria town of expressed holiday. satisfaction at this week’s government decision to “legalize” Due to the demand, there is a severe shortage of experi- the town, saying that it was long overdue and a much-needed enced guides for sites in Samaria, Binyamin, the Etzion Bloc, correction of a historical injustice. Rehelim, near Ariel, along Hebron, the southern Hebron hills and the Jordan Valley. with the towns of Sansana, near Hebron, and Bruchin, near Sources in the Mishkefet NGO, which operates as part of Modi’in, were retroactively approved by a government com- a national project to connect the public to the sites and people mittee headed by Prime Minister Binyamin Netanyahu. . . . in Judea and Samaria, explain that the demand stems from the [A spokesperson for Rehelim] expressed hope that with its Israelis’ search for new places to tour. In addition, a campaign new status, Rehelim would attract new residents, who could featuring [film actor] Zeev Revah has also increased the now feel secure that their housing investments were secure. demand. The tours focus on presentation of the sites and the “Until now we have been forced not to allow new families to agriculture, archeology and historical heritage that are associ- join us, but we were always optimistic that this would change. ated with them. We wish to thank all the officials who helped push this Dalia Mazori, Ma’ariv, April 9, 2012 through, including YESHA Council head Gershon Mesika and Ze’ev Hever. We call on all families who are looking for ———— u ———— an exciting and lively place to live—whether or not they have children—to join us,” he said. . . . LAW, continued from page 6 “We are part of a chain of yishuvim in central Samaria, near Ariel and the Shiloh bloc, and connected to the Jordan Valley an outpost is built, and a petition against is submitted after and the Tel Aviv population centers. We, along with Ariel and more than four years have elapsed since its construction, the Eli, are preventing the two large Arab population centers of outpost will not be removed. Instead, monetary compensation Ramallah and Shechem from coalescing. We are ensuring that or alternative land will be given to the owners, in accordance there will not be an Arab takeover of this region.” with the court’s ruling. Arutz 7, April 26, 2012 Former Likud minister of defense Moshe Arens described this option as “the fairest way” of dealing with “the problem” posed by the inconvenient fact that “some of the land on Shaul Mofaz’s West Bank Map which the neighborhood was built is owned by inhabitants of An agreement cannot be reached in one step, so it is impor- a neighboring Arab village. Forcing people [settlers, not the tant to have an interim agreement to build trust, give the Pal- Palestinian landowners] out of their homes may be legal, but estinians a state and guarantee Israeli security along the way to it is also wrong.” In Arens’ world, it is the settlers who have a permanent agreement. Then, in a year, we can reach agree- settled “in good faith” on stolen land who are the aggrieved ments on borders and security because the gaps are not wide. I party. “Fairness” dictates the satisfaction of settler demands for would guarantee the Palestinians territory the same size of the acknowledgement of their robbery rather than restoration of pre-1967 West Bank and Gaza Strip with land swaps. In any the property of the putative Palestinian landowners. Palestin- agreement, we will keep the settlement blocs. They will be part ians can be satisfied with a court-ordered remedy that they, as of Israel as our eastern border. individuals or as a community, have no role in fashioning. In In the interim agreement, we will give them Areas A and the occupied territories—as in a casino—the House [of Israel] B, which make up some 40% of the West Bank, plus another always wins. u

May-June 2012 Report on Israeli Settlement v 7 THE OUTPOST SYSTEM, PALESTINIAN VERSION

“. . . Palestinian prime minister Salam Fayyad drafted a petitioned the High Court of Justice this week, demanding plan in 2009 that was geared to prepare the ground for the that it enjoin the demolition of dozens of structures out of the establishment of a Palestinian state. Among other things, the hundreds that have been assembled in the Palestinian settle- Fayyad plan envisioned the Palestinian Authority seizing as ment outposts. The petitioners appended to their petition much territory in Area C as possible. In the past number of documentation that proves state ownership over the land, as months, dozens of Palestinian “outposts” have been estab- well as aerial photographs that demonstrate the swift multi- lished across Judea and Samaria: in the Hebron hills, along plication of the Palestinian outposts. “What the Palestinians the Jerusalem–Dead Sea road, near Begin Road in Jerusalem are doing is land theft in broad daylight, with the Palestinian (the part that connects to Route 443), and in various locations Authority’s political goal clearly being to seize control over as in Samaria. Each one of those outposts is comprised of three much state land as possible,” said Ovad Arad, the coordinator or four buildings, a yellow water tank and a generator, all of of the NGO’s activity in Judea and Samaria. which bear official Palestinian Authority markings. . . . “A security establishment source commented on the phe- “The establishment of the Palestinian outposts is liable to nomenon last night, saying: “There is no doubt that the Pal- have far-reaching political implications for Israel, which will estinians have learned how to bend the Israeli system. They’ve find itself in an inferior negotiating position now that the Pal- duplicated the ‘Tower and Stockade’ method, and they also estinians are in practical possession of thousands of dunams of know how to receive the court’s protection. The massive land land, the large part of which are part of what has been defined takeover ought to be worrying us enormously, and the justice as the “settlement blocs.” system ought to take this phenomenon very seriously.” “The Regavim NGO, which monitors illegal Arab con- Amihai Attali, Ma’ariv, May 10, 2012 struction both within the Green Line and in the territories,

ON THE CONFLICT WITH THE PALESTINIANS The State of Israel needs to aspire to a long-term ar- is going on in that area. This government has no interest rangement on the basis of a two-state solution, with in talking with the Palestinians. It most certainly has no maximum security for the State of Israel in the long- interest in resolving anything with the Palestinians. The term, but without any illusions about the finality of the prime minister knows that if he takes even the smallest conflict. That is why I think that despite the fact that it is step forward on this issue then the well-established rule super complicated, every passing day makes the prob- of the prime minister in the State of Israel and his strong lem harder to solve. The fact that we’re not talking with coalition will fall apart. It’s that simple. That is why no the Palestinians—and guys, forget about all the stories one here has any interest in resolving anything with the they’re selling you in the media about how we want to Palestinians, and that is the source of the Palestinians’ talk but Abu Mazen doesn’t and so forth. I’m telling you, frustration—and incidentally, I’m not defending the Pal- we’re not talking with the Palestinians because this gov- estinians in the least. They have made their mistakes. ernment has no interest in talking with the Palestinians. Yuval Diskin, former director of the I was there up until a year ago. I know from up close what General Security Service, Ma’ariv, April 29, 2012

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