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Home , E1 (Jerusalem), Gush Shalom, Israeli settlement, Israel Land Authority, Uri Blau

REPORT ON IN THE OCCUPIED TERRITORIES

A Bimonthly Publication of the Foundation for Middle East Peace Volume 19 Number 2 March-April 2009

THE CHALLENGE FACING OBAMA

By Geoffrey Aronson will necessarily reflect the increased policies towards and Iran may power of on the Palestinian themselves have a salutary effect on the George Mitchell’s appointment as national scene. Mitchell will also be prospects for progress in the - Middle East peace envoy has strength- challenged to leverage the successes of arena. Nevertheless, some ened expectations that President Barack the security program—in maintaining observations about Mitchell’s approach Obama will revitalize American diplo- quiet during the Israeli can be discerned. matic leadership committed to making assault on Gaza earlier this year and in Resolution of the Israel-Palestinian peace between and . dismantling the Islamist-run social safe- conflict on the basis of two states living Mitchell is viewed by all parties as a ty net—to win tangible security and in peace and security is a basic U.S. statesman of extraordinary stature and political concessions by a new Israeli national security interest—and an objec- experience. His mandate comes directly government led by Prime Minister tive that the two principal parties can- from the president and he takes his and Minister of not achieve on their own. Without more direction from the White House. He Defense . effective American leadership, there will will open an office in the U.S. consulate As Palestinian prime minister Salam be no end to occupation and settlement, in West , headed by an official Fayyad noted on numerous occasions and the option will pre- from the State Department. Additional before submitting his resignation in vail, at great cost to all concerned. An staff are expected to be on the job soon. March 2009, Palestinians aspire to be active, central U.S. role in defining, Mitchell inherits a complex diplo- free from Israeli occupation, not to have facilitating, and mediating the diplo- matic framework established during the the occupation run more efficiently. matic process, supported at key Bush years to support the Road Map How will the Obama administration moments by the president himself, is a and the Annapolis process. The Quartet address the challenge of reversing forty critical element of an effective U.S. poli- seems set to continue as an important years of occupation and settlement? cy. This approach necessarily includes vehicle for mobilizing international sup- The president, in his March 24 press placing the U.S. view of the contours of port for U.S. diplomacy. Security assis- conference, declared that, “the status a final status agreement on the table, tance to Palestinian security services has quo is unsustainable, [and] that it is supported by confidence building meas- been the key element in the U.S. policy critical for us to advance a two-state ures to address core Palestinian concerns arsenal and may even be expanded. Gen. solution where Israelis and Palestinians including land confiscation, settlement Keith Dayton’s tenure as the head of can live side-by-side in their own states expansion, and the closure, as well as this effort has just been extended by two with peace and security. By assigning Israeli security concerns. This full-time years and he is set to serve as Mitchell’s George Mitchell the task of working as American-led diplomatic initiative full time security deputy. It remains special envoy, what we’ve signaled is that should be supported by equally active unclear, however, how a U.S.-supported we’re going to be serious from day one security and economic operations—now security effort aimed at least in part at in trying to move the parties in a direc- led by General Dayton and protecting a government led by Mah- tion that acknowledges that reality.” respectively. moud Abbas against Islamist opponents The president has not yet articulated As the Obama administration con- can be squared with a massive release of a vision of Israeli-Palestinian peace and siders its policy options, it must contend Palestinian prisoners now being dis- an operational path to achieve it. with a failed Bush administration pro- cussed by Israeli and Hamas representa- Mitchell remains in a “listening” mode, gram that has produced results contrary tives in Cairo or with support for awaiting the outcome of a top level pol- Palestinian national reconciliation that icy review. The new administration’s CHALLENGE, continued on page 6 TO OUR READERS FOUNDATION FOR MIDDLE EAST PEACE Success for President Obama’s anticipat- will save them from the consequences and ed American initiative to create a two-state that they can avoid taking painful steps to Merle Thorpe, Jr. peace between Israel and Palestine will oppose the powerful complex that Founder require no less than a transformation of now holds the reigns within the Israeli gov- (1917–1994) Israeli, Palestinian, and American politics. ernment. Israel must reverse its disastrous national A clear, sustained U.S. challenge to set- Philip C. Wilcox, Jr. project of control and settlement of the tlements will almost certainly provoke an President West Bank and in order to unprecedented confrontation with Israel Geoffrey Aronson rescue its Jewish, democratic character and leaders of the kind U.S. administrations Director, Research and to achieve peace and security. The Pale- have always tried to avoid. Success will Publications, Editor, Report on stinians, like Israel, must also heal their require patience and firmness. It will also Israeli Settlement in the Occupied internal divisions and summon wiser strate- require building a strong American domes- Territories gy and leadership. tic coalition—including , Christians Nitzan Goldberger The task for the U.S. will also be formi- and others—that rejects the false equation Waseem Mardini dable. To succeed, Washington must re- between criticism of Israeli policy and hos- Editorial Assistants shape the powerful U.S.–Israel alliance and tility toward Israel and its . As use it more wisely. For years, we have Israel’s best friend, the U.S. must tell the Erin Lauer Intern deferred to Israel’s settlement policy, crip- Israelis and their leaders the blunt truth, pling our ability to play the honest broker that many of them already understand: set- TRUSTEES for an equitable division of the land. Our tlements must end because they are a grave indulgence has signaled to some Israeli threat to the Zionist state and to American Landrum R. Bolling leaders that the settlement adventure can strategic interests in the Middle East. Calvin H. Cobb, Jr. yet succeed. Others, who now realize set- James J. Cromwell tlements are a mistake, still hope the U.S. Peter Gubser Stephen Hartwell —————— N —————— Richard S.T. Marsh Hatem Abdul-Kader, an advisor to the Abdul-Kader stressed that these families Richard W. Murphy Palestinian prime minister, Salam Fayyad, will not leave Jerusalem, as the Israelis Jean C. Newsom for Jerusalem, announced that the “Israeli want. He added, “We will set up tents and Gail Pressberg attack is escalating. I can say that the we will stay in them. We will not leave or William B. Quandt demographic battle of Jerusalem has start- emigrate.” The Palestinian Authority Nicholas A. Veliotes ed.” resorted to the Israeli courts in an attempt The Israeli step comes one day after to stop the demolitions. Abdul-Kader Hillary Clinton, the American secretary of announced, “We are trying to gain some The Foundation, a non- state, criticized the Israeli plans to demol- time in the hope that something might profit I.R.C. 501(c)(3) ish tens of houses in eastern Jerusalem. . . . change.” But he realizes that the PA can do organization, supports peace and security for Israelis and Abdul-Kader announced, “The Americans nothing in light of the Arab and interna- Palestinians through mutual told us that they cannot promise us that tional disregard. He considers that “what is recognition and a negotiated they will prevent the demolition of these happening in Jerusalem is beyond the will division of historic Pales- houses. They told me that they can make and the ability of the PA. It is not trying tine. It publishes the bi- only one promise: that these houses will enough. There is no doubt that the PA is monthly Report on Israeli not be destroyed while Clinton is in the not doing enough to help Jerusalem which Settlement in the Occupied region.” He commented sarcastically, “This is not included in the PA’s list of priorities.” Territories. means that we must keep her in the region Abdul-Kader wondered, “Why are they Copyright © 2009 for as long as possible.” The number of racing to hold a conference for the recon- demolition notices in Jerusalem is over struction of Gaza yet no one in the PA Sign up to receive the 3,700 according to Abdul-Kader. He clari- thinks of holding a similar conference for Report by e-mail, to be fied, “This means that thousands of fami- supporting Jerusalem? The answer is that notified of events in lies will be left homeless.” He added, they have no will.” Washington, D.C., and “There are 200 families threatened with Al-Sharq al-Awsat, more. Visit us at demolition at any time as they were given London, March 6, 2009 www.fmep.org. notices during the past two months.”

2 O Report on Israeli Settlement March-April 2009 EU REPORT: ISRAEL “ACTIVELY PURSUING THE ILLEGAL ” OF EAST JERUSALEM The following excerpts are taken from the EU Heads of Missions I construction of the police headquarters for the West Report, dated December 15, 2008. Bank that shall be relocated from Raz el-Amud; I commercial areas, hotels and “special housing”, universi- SETTLEMENTS ties and “special projects,” a cemetery and a waste disposal 5. Israel is increasing settlement activity in three east-fac- site. ing horseshoe shaped bands in and around East Jerusalem, linked by new roads: Settlement Building inside East Jerusalem I first through new settlements in the old itself and in the Palestinian neighbourhoods immediately surrounding the 11. Settlement building inside East Jerusalem continues at old city (, Ras al Amud, At Tur, Wadi al Joz, Sheikh a rapid pace. There are currently around 190,000 Israeli set- Jarrah); tlers in East Jerusalem, the majority in large settlement blocks I then in the existing major East Jerusalem settlement such as Pisgat Ze’ev. The mainstream Israeli view is that the blocs (running clockwise from Ramot, Rekhes Shu’afat, so-called Israeli “neighbourhoods” of East Jerusalem are not , through the new settlements in the first band, settlements because they are within the borders of the Jerusa- above, to , and ); lem Municipality. The EU, along with the most of the rest of I and finally in “Greater Jerusalem”—linking the city of the international community, does not recognise Israel’s uni- Jerusalem to the settlement blocs of Givat Ze’ev to the north, lateral annexation of East Jerusalem and regards the East Ma’aleh Adumim to the east (including the area, see Jerusalem “neighbourhoods” as illegal settlements like any below), and the Etzion bloc to the south. others—but this does not deter Israel from expanding them. Settlement activity and construction is ongoing in each of Some of these settlements are now expanding beyond even these three bands, contrary to Israel’s obligations under inter- the Israeli-defined municipal boundary of Jerusalem, further national law and the Roadmap. into the West Bank. The Jerusalem municipality has also been active around ’s Tomb, outside the municipal bound- “E1” and Ma’aleh Adumim aries. 12. Smaller in number but of equal concern are settlements 6. E1 (derived from ‘East 1’) is the term applied by the being implanted in the heart of existing Palestinian neigh- Israeli Ministry of Housing to a planned new neighbourhood bourhoods, with covert and overt government assistance. within the municipal borders of the large Israeli settlement of Extremist Jewish settler groups, often with foreign funding, Ma’aleh Adumim (30,000+ residents), linking it to the munic- use a variety of means to take over Palestinian properties and ipal boundary of Jerusalem (a unilateral Israeli line well east of land. They either prey on Palestinians suffering financial the ). E1, along with a maximalist barrier around hardship or simply occupy properties by force and rely on the Ma’ale Adumim, would complete the encircling of East occasional tardiness and/or connivance of the Israeli courts. Jerusalem and cut the West Bank into two parts, and further Such groups have told us that they also press the Israeli restrict access into and out of Jerusalem. The economic authorities to demolish Palestinian homes built without per- prospects of the Wset Bank (where GDP is under $1000 a mits. Israel has previously used the “Absentee Property Law” year) are highly dependent on access to East Jerusalem (where (generally applied only inside Green Line Israel) to seize GDP is around $3500 a year). Estimates of the contribution property and land. The Attorney General declared that this made by East Jerusalem to the Palestinian economy as a was “legally indefensible” in the area earlier this whole vary between a quarter and a third. From an economic year and the practise has stopped, but the law remains appli- perspective, the viability of a Palestinian state depends to a cable to East Jerusalem and can be resurrected any time the great extent on the preservation of organic links between East Israeli Government sees fit. Jerusalem, and Bethlehem. 13. Some of the Jewish settlements lack building permits, 7. E1 is an old plan which was drawn up by Rabin’s gov- but not one has been demolished—in marked contrast to the ernment in 1994 but never implemented. The plan was situation for Palestinians. There are also plans to build a large revived by the housing Ministry in 2003, and preliminary new Jewish settlement within the Muslim Quarter of the Old construction in the E1 area began in 2004. Since his resigna- City, a step that would be particularly inflammatory and could tion from the Cabinet Netanyahu has tried to make E1 a lead to the further “Hebronisation” of Jerusalem. The aim of campaign issue. these , and settlements, is to extent the Jewish Israeli The development plans for E1 include: presence into new areas. As a result, President Clinton’s for- I the erection of at least 3,500 housing units (for approx. mula for Jerusalem (“what’s Jewish becomes Israel and what’s 15,000 residents); Palestinian becomes Palestine”) either cannot be applied—or I an economic development zone; Israel gets more. N

March-April 2009 Report on Israeli Settlement O 3 SETTLEMENT TIME LINE

November 23 Ma’an News reports on set- Court of Justice without violence. Leaders of , on December 3. (Ha’aretz) tlers from Givat Harsina in Hebron demol- Arab parties, Jewish Home, , , Yediot Aharonot reports findings in the ishing long portions of a fence securing a and UTJ decline to participate. (Yediot College annual statistical abstract revealing Palestinian dwelling. Aharonot) that in the past 12 years, the settler popula- November 26 Israel’s High Court of Ha’aretz reports findings by tion of the West Bank has doubled, com- Justice rejects an Israeli government request that a European boycott of Israeli products pared to a 29 percent increase of the popula- to postpone the eviction of squatters at the manufactured in the West Bank and of com- tion in Israel. The average birthrate in Israel Migron settlement outpost and orders the panies based there is having a significant is 20 births per 1,000 people, compared with government to explain within 45 days why financial effect. 35 births per 1,000 people among West all means are not being taken to evacuate the Bank settlers. December 5 Settlers evicted from the site. (Yediot Aharonot) Rajabi house (“Peace House”), remove their December 16 In a meeting with Prime Without warning, belongings from the building under the Minister , British prime minis- (IDF) demolish a Palestinian house in watch of the border police. (Arutz 7) ter Gordon Brown requests that Israeli Azariya, East Jerusalem for being built with- goods produced in settlements not be out a permit. The action brings to six the Yediot Yerushalaim reports that 78 of 108 exported to Britain. Brown states that iden- number of Palestinian dwellings demolished dwellings demolished in Jerusalem in 2008 tifying labels are necessary for products in six weeks. (Ma’an News) for being built without a permit were in East made in settlements. (Ha’aretz) Jerusalem. November 30 Accompanied by a military December 18 Ha’aretz reports that British jeep, approximately 50 settlers enter a December 6 Settlers set fire to hundreds of prime minister Brown has ordered British Palestinian neighborhood in Hebron and olive trees belonging to Palestinian farmers ministries to publicly discourage British citi- throw stones at houses and cars and punc- near . Settlers also erect makeshift zens from purchasing houses or assets in the ture car tires. (B’Tselem) roadblocks in the area to block Palestinian West Bank. travel. (Ha’aretz) December 1 Settlers slash car tires and December 23 The Echad organ- attack Palestinian civilians in the Wadi al- Two settlers from turn them- ization and the Regional Council Hussein area near Hebron, injuring a 60- selves in to police for shooting two Palestin- initiate the restoration of Joseph’s Tomb in year-old man. One settler is arrested. (Ma’an ians on December 4 after the evacuation of , with the aim of rebuilding the yeshi- News) the Rajabi house (“Peace House”) in va that was destroyed during the second Hebron, all of which was videotaped. (Yediot intifada. (Arutz 7) December 2 Dozens of settlers hurl rocks Aharonot) and beat residents in Hebron near the dis- December 24 Ma’ariv reports the issuance puted Rajabi family house in which squatters December 8 Settlers and activists demon- of restraining orders against rightist activists and setter activists have barricaded them- strate opposite the home of OC Central demonstrating outside the home of Israeli selves and declared the property “Peace Command Maj. Gen Gadi Shamni, officers of the civil administration. House.” (Ma’an News) Brigadier General Noam Tibon, and Deputy State Prosecutor Shai Nitzan to protest the December 29 Two Palestinian men stab Dozens of settlers block the Tapuah junction evacuation of the disputed Rajabi house. and seriously wound one settler and lightly in the West Bank. (Arutz 7) (Army Radio) injure three others in the Modi’in Illit settle- ment. (Army Radio) December 3 In Hebron, violent clashes December 10 Israeli authorities release a erupt between Israeli security forces and 52-year-old settler charged with shooting at 2009 dozens of settler activists who re-entered the several Palestinians following the evacuation Shapira house. The IDF bans settlers from January 5 The IDF declares parts of of the Rajabi house. (Yediot Aharonot) entering Palestinian neighborhoods in the Bethlehem, Jerusalem, Ramallah, and Hebron area after settlers announce plans to December 12 Yediot Aharonot reports on between the barrier and the Green Line as march in Palestinian villages. (Ha’aretz) plans by the Housing Ministry and the closed military areas or seam zones. Israel Land Administration to issue tenders Palestinians are required to carry IDF-issued December 4 Settlers paint offensive slo- in 2009 for 2,500 housing units in Jerusa- visitor permits to access their own land in gans about Islam and the Prophet Muham- lem, including 745 in the East Jerusalem the restricted areas. (OCHA) mad on buildings in the West Bank villages settlement of Ramot. of , al-Fundqu, Immatin, , January 9 IDF soldiers enter Kfar , and al-Nabir Elyas. (Ma’an December 14 The IDF confiscates 4,000 Qaddum and surround the village’s mosque News) dunams of land belonging to Palestinians following attacks by settlers on Palestinian from the village al-Ramadin for construction homes in the area. (Ma’an News) Leaders of the , Labor, , and of the separation barrier. (Ma’an News) parties issue a joint state- Yediot Yerushalaim reports on Israeli plans to ment to settlers in the Rajabi December 15 An IDF soldier is arrested construct 200 Palestinian housing units near house (“Peace House”), urging them to obey for throwing stones at police officers during the East Jerusalem village of on the evacuation order issued by the High the evacuation of the Rajabi house, in sixteen dunams of land.

4 O Report on Israeli Settlement March-April 2009 SETTLEMENT TIME LINE

January 11 Former residents of the pared to 2007. Construction tenders have Kiryat Arba settlement to Israeli-controlled bloc settlements demand that the Israeli been published for an additional 540 hous- areas of Hebron. government allow them to resettle in Gaza ing units. It also notes that settlers have February 19 Kiryat Arba council chairman amid the IDF campaign launched against paved five new roads in the West Bank. Malachi Levinger demands that the IDF Gaza in late December 2008. (Ha’aretz) January 29 Israel reimburses Palestinian keep the route closed to Palestinian January 14 Using a slingshot, a Palestinian farmers from Qalqilya for damages resulting traffic. (Israel Radio) teenager stones a settler’s car near the village from a ruptured water line that flooded their The al-Quds Brigades claim responsibility of Azzun and is later found dead. Police farmland in 2004. The government initially for a shooting attack on an Israeli car near report that one of the stones ricocheted off denied that the incident had occurred, but the settlement near Ramallah. (Ma’an the car, fatally wounding him. (Yediot conceded when videotape of it emerged. News) Aharonot) (Ma’an News) February 20 Ha’aretz reports on an offer January 15 It is reported that the United February 3 OCHA reports the demolition extended to the Palestinian residents of the States plans to cut $1 billion from $4.6 bil- of 21 Palestinian structures in the last week East Jerusalem neighborhood of Silwan by lion in loan guarantees to Israel because of of January 2009. Six of the home demoli- Jerusalem mayor Nir Barkat to evacuate the Israel’s continued investments in settlements. tions were carried out in East Jerusalem and neighborhood and relocate to another area. (Ha’aretz) E-1. Residents in eighty-eight buildings in the January 20 Palestinians in a passing vehicle February 4 Defense Minister Ehud Barak neighborhood are slated for evacuation for fire at a settler, critically injuring him, near approves the establishment of a new settle- living in buildings being built without per- the Kochav Hashahar settlement east of ment in the Binyamin region in exchange for mits. The residents rejected the offer. Ramallah. (Army Radio, Ma’ariv) an agreement from settlers to evacuate the illegal outpost of Migron. The evacuated set- Yediot Yerushalaim reports on plans to invest January 21 Settlers evacuated from the set- tlers would move into the new 250-house $2,360,000 in an electronic transportation tlement of Sa Nur in 2005 return to the settlement, which is one kilometer from the system that will transport visitors from area, now a closed military zone, for a cele- Adam settlement. (Ha’aretz) Jerusalem’s Jewish Quarter to the Wailing bration. (Ha’aretz) Wall. February 5 Settlers use bulldozers to January 22 Ha’aretz reports that the destroy Palestinian farmland in the village of Yediot Yerushalaim reports the rejection of a Housing Ministry has embarked on a plan and deploy housing caravans on the plan by the Jerusalem planning committee to to increase the population of the Golan set- upturned land, signaling the creation of a construct 800 housing units for Palestinians tlement of from 6,500 to 20,000 new outpost. (Ma’an News) living in the East Jerusalem neighborhood of over the next 20 years. Walaja. It also reports a delay in plans to February 9 Settlers from Beitar Ilit fire at provide authorization for 100 buildings built January 23 Kol Ha’Ir reports that with sec- and wound a 17-year-old Palestinian boy in without a permit. ular Jews continuing to leave Jerusalem for the village of . (Ma’an News) other , projections suggest that Ortho- dox Jews will comprise 44 percent of the February 11 Armed city’s population in 2020, and 50 percent by Palestinians calling themselves 2030. the Imad Mughniyeh Groups claim responsibility for a The Israel Land Authority issues 14 tenders shooting attack on an Israeli for the construction of apartment buildings vehicle near the Bet El settle- in the Golan settlement of Katzrin. ment. (Ma’an News) (Ha’aretz) February 12 Ha’aretz January 26 Settlers from the Abraham reports on the Israel Land Avinu settlement in Hebron throw stones at Authority’s approval for con- two Palestinian boys, ages four and five, struction of homes in the striking them in the head. The two boys’ for 30 families parents reported that the settlers, who live evacuated in 2005 from the one hundred meters from their home, throw Katif bloc settlements in garbage and stones at the children when Gaza. they play outside. (Ma’an News) February 17 Ma’an News January 28 reports that 260 reports that a plan to open the new structures, mostly trailers, were set up in Zion route road in Hebron to settlement outposts in 2008, up from 100 in Palestinian traffic is currently 2007. About 1,250 new buildings were under review by the IDF. The Sources: “State of Affairs—Jerusalem 2008,” Ir Amim, December erected in the settlements, a 60 percent road, which is limited to 2008 Peace Now Settlement Construction Reports 2004–2008, increase in the scope of construction com- Jewish traffic, leads from the peacenow.org.il.

March-April 2009 Report on Israeli Settlement O 5 CHALLENGE, continued from page 1 ing a leadership role in the Middle East and keep its strategic alliances intact—especially its ‘’ with Saudi to those it championed. Bush’s diplomacy enfeebled both Arabia—it will have to drastically revise its policies vis-à-vis Palestinian and Israeli proponents of a peace agreement based Israel and Palestine.” upon ending occupation and creating a Palestinian state at Even in Congress, members are beginning to recognize the peace with Israel. Washington’s Palestinian partner, Fateh, is shortcomings of the assumptions driving the Annapolis weaker than ever, in large part because of its inability to move process. Rep. Gary L. Ackerman, chairman of the House diplomacy in the direction of freedom and independence. Subcommittee on the Middle East and South Asia, in a Hamas is increasingly seen as the standard–bearer of resist- February 12, 2009 hearing, noted that although Hamas, “[is] a ance against Israel. Its fortunes have risen as those of Fateh terrorist organization, an entity beyond the pale. . . . Israel has have waned, and they will continue to do so as long as the been talking to Hamas through , and directly to the “peace process” fails to bring occupation and settlement to an Hamas prisoners in Israeli jails. And when the IDF was in end. Gaza in force, with reserves building up outside, the Israelis The Bush administration deserves credit for some modest announced that the destruction of Hamas was absolutely not but noteworthy achievements. The intifada on the West Bank their goal. Hamas is a deadly, vicious, implacable enemy, but and east Jerusalem was defeated and Israelis, for the time somehow, one that had to be left in place.” being, feel more secure. Palestinian police and intelligence As Ackerman’s statement attests, Washington is paying services have been rehabilitated and now perform limited ever-closer attention to Israel’s ongoing dialogue with Hamas. security duties in concert with Israel. Nevertheless, security In an era when the U.S. employs former al-Qaeda allies in has fostered complacency and satisfaction with the status quo Iraq, supports a dialogue with Iran and the Taliban in among Israelis. The rebuilding of Abu Mazen’s security serv- Afghanistan, and when Israel and Fateh are deeply engaged ices—the central U.S. contribution to the diplomatic effort— with Hamas, there is a dawning realization that the American is a limited policy instrument, not a strategy of Palestinian policy of demonizing and marginalizing Hamas has failed. liberation. (See Letter on page 8) Hamas, which refuses to recognize Israel, abide by previous A recent visit to the region by Secretary of State Hilary Israeli-Palestine agreements, or to renounce force, is not alone Clinton broke no new diplomatic ground. She reaffirmed sup- in challenging Washington. Israel’s new prime minister port for “capacity-building” in Palestinian institutions on the Benjamin Netanyahu declares that, “I will not keep [Prime West Bank, especially in the security domain, and on resur- Minister Ehud] Olmert’s commitments to withdraw and I recting final status talks. won’t evacuate settlements. Those understandings are invalid Clinton, in her public remarks, did not utter the word “set- and unimportant.” The prime minister’s closest editorial sup- tlements.” As was often the case during visits of her predeces- porters, writing in Makor Rishon urge him to “abandon the sors, Clinton’s comments on the settlement issue were reac- empty and gratuitous race for the ‘two state’ idea ...and tive, prompted by specific, discreet developments—for exam- instead, adopt a fundamentally new political strategy that is ple, impending house demolitions in Silwan, and reports on based on the brilliant formula of ‘one, big state.’ . . . The world the expansion of the settlement of . These announce- might not like the fact that we have abandoned the two state ments seemed timed as if to highlight the continuing absence vision, but it won’t like any other Israeli policy either.” of effective American opposition to settlement expansion. But For its part, the Revolutionary Council of Fateh, PA chair- in a change from the Bush years, Clinton and other U.S. rep- man ’s party, declared that: resentatives made critical observations about the draconian and arbitrary limitations of Israel’s supply of “humanitarian” From now on the movement will not agree to hold goods to besieged Gaza, although there was no evidence of a any negotiations with the Israeli government unless it stops change in longstanding American support for Israel’s policy of its settlement policy and the building of its racist wall in collective punishment of Gazans as long as Hamas rules our occupied Palestinian territory. Our people can gain no there. benefit from negotiations with Israel while it continues to Mitchell’s notable contribution to the recent history of the commit barbaric massacres, kill women and children, and conflict was his leadership of “The Sharm El-Sheikh Fact- destroy entire residential neighborhoods. Finding Commission”—established to examine the causes of We say and stress that the negotiations between the the that erupted in September 2000. In the Palestinian and Israeli sides have not made any progress on report, Mitchell famously calls upon Israel to “freeze all settle- any level. Israel has not been serious, but has been maneu- ment activity, including the ‘natural growth’ of existing settle- vering and maneuvering in order to gain more time to ments” as a vital Israeli “confidence building” contribution to build more settlements on our land. re-establishing suitable conditions for diplomatic progress. Settlements are a key barometer of Israeli intentions: they Former chief of Saudi intelligence, Prince Turki, wrote in the that, “ If the U.S. wants to continue play- CHALLENGE, continued on page 7

6 O Report on Israeli Settlement March-April 2009 SECRET ISRAELI GOVERNMENT SETTLER DATABASE DETAILS SETTLEMENT ACTIVITY In 2005, at the direction of Minister of Defense Shaul gogues, yeshivas and even police stations) has been carried out Mofaz, Gen. (Ret.) Baruch Spiegel assembled a comprehen- on land that Israel acknowledges belongs to Palestinian own- sive database on West Bank (excluding East Jerusalem) settle- ers. In the case of Ofra, a settlement east of Ramallah, the ments. There was an original database managed by the Israel database notes that “the settlement does not conform to valid Defense Forces, but because there was little incentive in the building plans. A majority of the construction in the commu- military to follow settlement expansion closely, the database nity is on registered private lands without any legal basis was inadequate. Spiegel’s main objective was to establish and whatsoever and no possibility of [converting the land to non- maintain an up-to-date database on settlements that could be private use].” used as a basis for comparing the information presented to The database also reveals that the settlement was Israel by the United States, as well as by Peace Now’s settle- established “on private lands seized for military purposes (the ment-monitoring team. The information would also be useful settlement was also expanded on private lands, by means of in responding to mounting efforts by Palestinian residents, trespassing in the northern section of the settlement) and on human rights organizations, and other NGOs to challenge state lands that were appropriated during the Jordanian period the legality of construction in the settlements and the use of (the Maoz Tzur neighborhood in the south of the settle- private lands to establish or expand them. ment).” According to the official data, “the settlement com- The information assembled by the IDF details the essential prises widespread construction, public buildings and new ring lawlessness of the settlement enterprise, not only in reference roads (about 80 permanent buildings and trailers), about 20 to international laws prohibiting the policy but also in refer- permanent residential buildings, 40 trailers and an industrial ence to Israel’s own legal code. In the vast majority of the set- zone (10 industrial buildings). The entire compound is located tlements—about 75 percent—construction, sometimes on a on private land and has no plan attached.” large scale, has been carried out without the appropriate per- Uri Blau, “Secret Israeli Database Reveals mits or contrary to the permits that were issued. The database Full Extent of Illegal Settlement,” shows that, in more than 30 settlements, extensive construc- Ha’aretz, January 30, 2009; tion of buildings and infrastructure (roads, schools, syna- translation, www.yeshdin.org

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CHALLENGE, continued from page 6

represent the core feature of the zero sum contest between dented U.S. attention to Israel’s breached commitments to Israel and Palestinians for control of the land and its political contain settlement expansion. In remarks reported by Ma’ariv, destiny. U.S. policies over the course of four decades aimed at for example, a high-ranking Israeli security official said in a addressing settlements have failed. A settlement freeze, which closed forum that “the impression that Mitchell left in the has been an on–again off–again feature of U.S. policy for three security establishment is that he considers the settlements a decades, may no longer be an adequate or workable policy stick in the wheels of peace negotiations. Mitchell has been tool. The idea has been a central element of U.S. policy in heard repeatedly criticizing fiercely the resources that Israel times of conflict with Israel over the latter’s conduct of occu- has invested in the settlements, and after disengagement he pation policy since the mid-1970s. These efforts failed called for sanctions to be imposed on Israel because of the absolutely to reduce the pace of settlement expansion. The settlements. This time it is possible that he will persuade the only effective U.S. policy that makes practical, political, and U.S. administration to impose those sanctions and to begin diplomatic sense is to promote settlement evacuation rather taking action towards cutting the American defense aid, argu- than a freeze. ing that it [is] inconceivable that American funds should be Some diplomatic voices are arguing for a U.S. settlement used to provide security and other resources for illegal settle- policy focusing on evacuation in the context of a final status ments. . . . If that happens, that will be a dramatic decision initiative, and sanctioning Israel for continued settlement from Israel’s perspective.” Another security official said: “We expansion. They doubt the efficacy of a policy of simply mon- are bracing to be beaten over the head by the Obama admin- itoring and enforcing a settlement freeze—whose failure istration, which would like to record substantive progress in would undermine U.S. credibility. the course of its term in office. If a stymieing factor such as Reports from Israel already betray concern about unprece- settlements interferes, it won’t hesitate to act against it.” N

March-April 2009 Report on Israeli Settlement O 7 THERE CAN BE NO PEACE WITHOUT HAMAS If every crisis is also an opportunity, it is now time to negotiations. The most important first step is for Hamas to rethink the strategy for achieving peace in the Middle East. halt all violence as a precondition for their inclusion in the The latest and bloodiest conflict between Israel and Hamas process. Ending their isolation will in turn help in reconciling has demonstrated that the policy of isolating Hamas cannot the Palestinian national movement, a vital condition for bring about stability. As former peace negotiators, we believe meaningful negotiations with Israel. it is of vital importance to abandon the failed policy of isola- We have learnt firsthand that there is no substitute for tion and to involve Hamas in the political process. direct and sustained negotiations with all parties to a conflict, An Israeli–Palestinian peace settlement without Hamas and rarely if ever a durable peace without them. Isolation only will not be possible. As the Israeli general and statesman bolsters hardliners and their policies of intransigence. Moshe Dayan said, “If you want to make peace, you don’t talk Engagement can strengthen pragmatic elements and their to your friends. You talk to your enemies.” There can be no ability to strike the hard compromises needed for peace. meaningful peace process that involves negotiating with the The new U.S. administration and the appointment of representative of one part of the Palestinians while simultane- George Mitchell as the Mideast envoy give hope that a new ously trying to destroy the other. strategy grounded in realism and not ideology will be pur- Whether we like it or not, Hamas will not go away. Since sued. Without this, there will be no two-state solution and no its victory in democratic elections in 2006, Hamas has sus- peace and security for either Israelis or Palestinians. We must tained its support in Palestinian society despite attempts to recognise that engaging Hamas does not amount to condon- destroy it through economic blockades, political boycotts and ing terrorism or attacks on civilians. In fact, it is a precondi- military incursions. This approach is not working; a new strat- tion for security and for brokering a workable agreement. egy must be found. Signatories include the following: Lord Paddy Ashdown, Yes, Hamas must recognise Israel as part of a permanent Michael Ancram, Dr. Shlomo Ben-Ami, Álvaro de Soto, solution, but it is a diplomatic process and not ostracisation Gareth Evans, Lord Chris Patten, and Sir Kieran that will lead them there. The Quartet conditions imposed on Prendergast N Hamas set an unworkable threshold from which to commence

On the Israeli side, nothing will do more to make clear the Road Map, which include freezing all settlement activ- our seriousness about turning the page than demonstrat- ity. ing—with actions rather than words—that we are serious We will defend Israel’s security unflinchingly. But the about Israel freezing settlement activity in the West Bank. fact is, Israelis themselves decided that the settlements For decades, American presidents, Democrat and make it more difficult to protect the security of their citi- Republican alike, have opposed new settlement activity zens. They’re not just fragmenting the Palestinian state— and recognized that the settlements are an obstacle to they fragment what the Israeli Defense Forces have to peace. But in our honest moments we would all acknowl- defend. edge that this policy has usually existed on paper alone. Sen. at the Brookings Institution’s And as recently as 2007 at the , Saban Center, March 4, 2009 Israel recommitted to implementing its obligations under

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