Israel's Supreme Court does not extend injunction protecting the tents of Bab Al-Shams

Now Israel’s Supreme Court has spoken: after State application, the Court has not extended its six-day injunction barring “evacuation or destruction” of the tents erected by Palestinians at Bab Al-Shams.

At 11:00 pm, Abir Kopty Tweeted this:

Abir Kopty @AbirKopty  — Military bulldozer approaching #BabAlshams, they want to remove it asap because it frightened them so much!

Half an hour later, this was Tweeted:

BabAlshams @Bab_Alshams — 4 #Israeli Bulldozers Seen Destroying #BabAlshams According To Journalists

The Supreme Court went further than merely letting the injunction expire: the Court said that Bab Al-Shams tents could/should be taken down to avoid a “security crisis”.

Daniel Seidemann sent this tweet:
@DanielSeidemann — [Israel’s] National Security Adviser Amidror to Supreme Court: Involvement of PA officials in E-1 protest indicates move is strife-generating provocation.

The organization founded by Daniel Seidemann, Terrestrial Jerusalem, has published a summary report on the Bab Al-Shams experiment, here, saying:

“Last week, a group of Palestinians launched a well-planned, well thought-out, non-violent protest in the area known to the world as E-1, with the establishment of a tent encampment at a site dubbed Bab Ash-Shams. As was widely reported in the Israeli and international media, the Israeli government responded rapidly and vigorously, evicting the protesters and declaring the area a closed military zone…
It appears that Netanyahu government made two claims as a basis for taking action against this Palestinian protest. First, it claimed that while the injunction prevents the dismantling of the tents, it didn’t apply to the evacuation of the protesters. Second, the Netanyahu government asserted that there was an acute security threat, and a threat to public safety. It has been hinted that one way the State Attorney justified the latter assertion was by citing the threat made by Israeli right-wing extremists to challenge the Palestinians. It has also been reported that the State gave the court a sealed secret ‘opinion’ to back up its security argument…
The Message of the E-1/Bab ash-Shams Eviction
The Netanyahu government’s eviction of protesters from the Bab Ash-Shams protest site was technically legal under Israel law (with the term ‘legal’ defined by Israel law, rather than any other objective standard). It was also, by all substantive and objective measures, outrageous, putting some ugly truths on stark display for the entire world to see:
(a) ‘Security’ is a political issue:    The current Israeli government’s definition of a ‘security threat’ is not confined solely or even most prominently to threats to Israeli lives or Israeli borders; it extends to any Palestinian action, however benign and non-violent, that threatens the current government’s ideological vision for the West Bank and East Jerusalem. This was evident in the Netanyahu government’s response to the Palestinian non-violent, pro-two-state solution approach to the UN, and it is equally evident in this government’s self-righteous response to the Palestinian protest in E-1.
(b) Basic rights don’t exist under occupation: Palestinians living under occupation do not enjoy the rights of free speech and or non-violent protest/demonstration. This is in contrast to the rights enjoyed by Israeli protesters in Tel Aviv, or Israeli extremists setting up illegal outposts on hilltops across the West Bank. For those constantly asking ‘where is the Palestinian Gandhi?’ the Israeli response at E-1, along with its harsh response to unarmed Palestinian protests in Bil’in, Nilin, Nabi Saleh, etc, provide a clear answer.
c) Not all ‘outposts’ are equal, not all Court orders equally compelling: The Israeli government’s rapid action to evict Palestinian protesters from Bab ash-Shams stands in stark contrast to its unwillingness to remove illegal outposts erected by Israeli settlers. Even when there are clear orders from Israel courts to evacuate these Israeli outposts, successive Israeli governments have engaged in outrageous foot-dragging tactics – tactics that appear to be geared to allowing settlers to dig in at the sites. The Netanyahu government has, in this regard, gone even further than previous governments, in adopting an official policy aimed at ‘legalizing’, through any means possible, the illegal outposts. Removals of illegal settler outposts has occurred only after Israeli courts have cornered the Israeli government and deprived them of all other options, and have been offset by compensatory ‘gifts’ to the settlers in the form of new settlement approvals.
(d) Palestinian non-violent protest, and any other Palestinian initiative, will be crushed: Netanyahu’s message to the Palestinians, encapsulated by the response at E-1/Bab Ash-Shams, has been clear and consistent: you have no option but to give in and give up. He has made clear that negotiations offer no political horizon for Palestinians to achieve the goal of their own state, and will be used only to further discredit and humiliate their leaders. Efforts to achieve gains through non-violent diplomatic moves, like going to the UN, will be framed as diplomatic terrorism. Non-violent protest, even protest legal under Israeli law, will be crushed – and framed in terms that make clear to the world that this is just a new form of unarmed terrorism. And violent protest – which Israel appears to be deliberately pushing Palestinians toward – is terrorism that, too, will be crushed, and will be exploited to make the case that the issue is not Israeli actions and policies, but that the Palestinians do not want peace and hunger to kill Jews.
(e) Israel contiguity counts; Palestinian contiguity doesn’t: Following the announcement late last year that the Netanyahu government was expediting approval E-1, settlement supporters and apologists launched a spin offensive, insisting that the construction of E-1 is compatible is contiguous Palestinian state. That spin offensive, targeting both the media and government officials, was intended to counteract analysis – including from Terrestrial Jerusalem – that construction of E-1 will effectively dismember the West Bank and prevent the emergence of a viable, contiguous Palestinian state with its capital in East Jerusalem. That spin offensive was dealt an unintentional blow in the context of the E-1/Bab Ash-Shams protest, when Prime Minister Netanyahu explained the government’s harsh reaction to the Palestinian protest by stating: ‘We will not allow anyone to harm the contiguity between Jerusalem and Maale Adumim’. With this statement, the world now witnesses the spectacle of Netanyahu and those behind the E-1 spin offensive insisting that 3500 permanent settler units and 12,000 new settlers do not however harm the contiguity of a future Palestinian State, while at the same time arguing, in an indignant tone, that 20 tents and 200 Palestinians unacceptably ‘harm’ contiguity between Jerusalem and Maaleh Adumim”.

And, Bradley Burston has written in his latest post on his Haaretz blog [“A Special Place in Hell”] that:

“The founding of Bab al-Shams was genius. And no one knew that better than Benjamin Netanyahu. The encampment sent a message that was clear, piercing, and entirely non-violent. The proof: Netanyahu said it had to be destroyed at once.

It needed to be destroyed despite a High Court order that appeared to give the new villagers six days to remain on the site. But in a peculiarly contemporary reinterpretation of the Naqba, the policeannounced that the injunction only
applied to the tents. The people could be taken out. In the dead of night.

So desperate was the need to destroy it quickly, that the head of the Justice Ministry’s High Court division was pressed into service at midnight Saturday, to sign a statement to the court declaring ‘there is an urgent security need to
evacuate the area of the people and tents’.

The government also sent a sealed note to the court, containing further ‘security information’ – classified Secret, as was the reason for its being kept from the public – as to why it was necessary to give the order immediately for 500 police to move in.

But everyone here already knew the secret.

Bab al-Shams needed to be destroyed because it was fighting facts on the ground with facts on the ground.

It needed to be destroyed for the same reason that a hundred similar, patently illegal Israeli West Bank outposts are coddled, honored by visits from cabinet ministers, and rendered permanent with state-supplied electricity, water,
access roads, security protection, and retrofit permits.

Bab al-Shams did not simply touch a nerve. Bab al-Shams had to be destroyed because, where the occupation is concerned, it touched the central nervous system.

On Election Day next week, when I enter the voting booth, I will be taking a small piece of Bab al-Shams with me. My respect and admiration for people who cannot vote in this election, but who each cast an extraordinarily forceful absentee ballot in booths they set up themselves in E-1.

They are fighting the Netanyahu government with the one weapon against which this government has no defense – hope. Hope is this government’s worst enemy, more threatening by far than Iran.

For years and years we’ve been taught to believe that the occupation is irreversible, unassailable, so permanent that there is no occupation, there is just this Israel of ours … We are told what to believe by settlers and their
champions in places like Ra’anana. That there cannot be two states, one for Israelis and one for Palestinians. That we, the Jews, have been here forever and will stay in East Jerusalem in the West Bank forever and ever.

It turns out, though, that other people, on other hilltops, Palestinian people, have something else to teach us. May they succeed”.    This Bradley Burston blogpost is published here.

The day after Palestinians were evicted on Netanyahu's order from Bab Al-Shams…

Daniel Seidemann sent out a pair of Tweets on Sunday, saying:
Daniel Seidemann @DanielSeidemann – Noteworthy Bibi: Won’t allow any1 to harm contiguity bet Jerusalem & Maale Adumim. i.e. 20 tents, 200 protesters harm Israeli contiguity
Daniel Seidemann @DanielSeidemann – But rightwing spinmeisters claim that 3500 settler units, 12000 permanent settlers won’t effect contiguity of Palestinian State. Orwell.

Amira Hass reported in her Haaretz piece, published today, that “because of the ongoing storm last week, there was no choice but to tell those who had registered for the ‘camp’ what the real plan was, to ascertain how many would actually participate. On Thursday, despite the snow, nearly 300 people came to a meeting in Ramallah. Mohammed Khatib, a member of the popular committees from Bil’in, said that about half of those who came to the meeting were new – people who had never taken part in protest activities before. He’s convinced that if not for the weather, 1,000 people would have showed up. The participants agreed to set up the tent camp on a plot that aerial photographs showed was private land whose owners had agreed to the protest. Afterward it emerged that in 2006, Israel had declared part of the land ‘state land’.” This is reported here.

She also noted that “This is not the first time that the popular committees have held a protest that went beyond village borders and the route of the security fence. For example, two months ago they organized the blocking of roads and of the entrances to settlements as part of Palestinian Youth Week, which, though successfully executed, was almost immediately erased from memory by the assassination of Ahmed Jabari in Gaza and the ensuing Operation Pillar of Defense. A month before that, they organized a demonstration against the purchase of settlement products in the Rami Levy supermarket east of Ramallah. But here the committees come up against another contradiction: One-off protests interest the media and public for a few hours, and then are forgotten. Only continuous activity can develop the tools for a mass resistance movement. For now, however, the Palestinian public, as frustrated and outraged as it may be, isn’t drawn to continuous activity and in any case doubts its ability to struggle and the ultimate effectiveness of mass resistance”.

Time Magazine’s Karl Vick wrote that “In fact, it was the General Assembly’s Nov. 29 vote making Palestine a nonmember state that stirred Netanyahu to announce what Daniel Seidemann, who heads an Israeli NGO dealing with conflict resolution in Jerusalem, called the “doomsday settlement” — apparently to demonstrate that Israel retains the power to render the notion of statehood moot by choking the West Bank with Jewish homes at its narrowest point” — E-1 [which the Prime Minister’s Office refers to only as “the area between Maale Adumim and Jerusalem…] This Time Magazine report is published here.

Vick interviewed Dr. Mustafa Barghouthi, who was in Bab Al-Shams when Israeli police + soldiers evicted the Palestinian activists: “ ‘If we want peace, we have to resist — nonviolently, but resist — and counter Israeli facts on the ground with Palestinian facts on the ground’, Mustafa Bargouthi, the Palestinian activist who helped organize the camp, tells TIME, a few hours after being arrested and deposited at the edge of Ramallah, the West Bank city. ‘They’re allowing Israeli settlers to stay on Palestinian land, while at the same time within 48 hours they attack and remove us’.”

Vick also spoke to Peace Now’s settlement watch director, Hagit Ofran:
“Israeli soldiers barred the international news media from witnessing the police sweep. Photographers who were already inside the camp recorded the action, which unfolded without significant injury to either side. The news blockade — a literal thing, as Israeli forces manned roadblocks on roads approaching the site — served to confirm that the Palestinian activists had mounted a potent demonstration. ‘It’s in my view a very successful protest that is exposing the Israeli policy in many ways’, says Hagit Ofran, who monitors settlements for the Israeli advocacy group Peace Now. ‘First of all, it puts E-1 back on the political agenda. Maybe it’s because we’re on the eve of elections, but the Prime Minister himself was responding to this provocation’.”

And, in a lovely piece, international law expert and academic, Tel Aviv University Professor Aeyal Gross wrote in Haaretz here that:
“One is likely to miss the far wider context against which the Bab al-Shams outpost must be understood, if they focus only on the question of whether there was indeed an ‘urgent security need’ on Saturday night (‘security’ in this case only pertaining to the Israeli perspective), or if they concentrate on addressing whether the land is state or private, while ignoring the question of planning discrimination. The bigger picture reveals that the real illegality is of the land policies of the occupying regime, and not that of the founders of the outpost. In fact, when the organizers of the outpost wrote, ‘We, the sons and daughters of Palestine, announce the establishment of the village of Bab al-Shams (gate of the sun). We the people, without permission from the occupation, without permission from anyone, sit here today because this land is our land, and it is our right to inhabit it’, they recaptured their right to the land, in an action that was more faithful to the substantive rule of law and to international law than Israel’s actions with the land”.

Professor Gross discussed the Israeli notion of “State land”:  “it should be remembered that land in the occupied territories that is declared as ‘state land’ is often land that was worked and used privately by Palestinians – and was declared to be state land in a variety of problematic legal ways.  Furthermore, state lands in the occupied territories are meant to serve the population of these territories, and the occupying country holds them in trust: It is forbidden for it to settle its own citizens there. In practice, Israel utilizes most of the land in favor of the settlers. According to reports from the non-profit organization Bimkom and the UN Office for the Coordination of Humanitarian Affairs, Israel ignores the planning needs of the Palestinian population, while the Civil Administration’s policies makes it extremely difficult for Palestinians to receive planning permission, and the plans it outlines do not meet the needs of the Palestinian population. For this reason, the Israel Defense Forces’ claim that the Palestinian outpost is illegal and that it constitutes the invasion of state land falls apart when contrasted with the far more wide-ranging illegality of the way in which the Palestinian population is prevented from the possibility of using land designated for them, as a result of it being declared state land, and because of the discriminatory planning policies that dispossessed the Palestinians for the benefit of settlements which are illegal according to international law. Israel is the one that encroached on Palestinian land, not the opposite”.

More settlements announced on the day after the UN vote to upgrade Palestine's status to state

On the day after the UN vote to upgrade the status of Palestine to state, the Israeli government responded by pulling out, from the drawer, plans to build thousands of more settlement units.

The most controversial is the announced plan to build in the E-1 area between Maale Adumin and Hizme.

Israeli police station in E-1 - Condoleezza Rice was told it would take a long time to build
Israeli police station in E-1 - Condoleezza Rice was told it would take a long time to build - photo via Ir Amim

Israeli-American lawyer and Jerusalem expert Daniel Seidemann has just called this, on Twitter, the “weaponization” of the “settlement offensive”.

@DanielSeidemann – E-1 will signal the end of 2-state solution. E-1 can’t be built today – it requires further statutory planning, which will take 6-9 months

@DanielSeidemann
  – The report today indicates intent to complete E-1 planning now, leading to construction in 6-9 months.

Reuters reported here that “The decision was made on Thursday when it became clear that the U.N. General Assembly was set to upgrade the Palestinians’ status in the world body, making them a ‘non-member state’, as opposed to an ‘entity’, boosting their diplomatic clout…An Israeli official had earlier conceded that this represented a ‘total failure of diplomacy’ and warned there would be consequences – which were swift in coming.  Plans to put up thousands of new settler homes in the wake of the Palestinian upgrade were always likely, but the prospect of building in an area known as E-1, which lies near Jerusalem and bisects much of the West Bank, is seen by some as a potential game changer”.

@DanielSeidemann – We learned that source of Israeli press reports on 3000 new E Jersusalem & WB settlement units, E-1 is Mark Regev, PM’s office spokesperson

While this is a response came less than 24 hours after the Palestinian move at the UN General Assembly, it also comes about a week after internal elections within Netanyahu’s Likud Party now ruling in Israel, in which all the top spots went to settlers and their far-right supporters.   A few weeks earlier, also in preparation for Israel’s general elections now set for January 22, Netanyahu forged an alliance to run on a joint list with  Avigdor Lieberman of the Yisrael Beitenu party, currently Foreign Minister, who is now being treated as Netanyahu’s most essential partner and right-hand man.

UPDATE: UN Secretary-General BAN Ki-Moon issued a statement on 2 December [a Sunday, but still two full days after the Netanyahu cabinet decision in reaction to the UN General Assembly vote on the state status of Palestine] which is posted here and which said:

“It was with grave concern and disappointment that the Secretary-General learned of Israel’s announcement of 3,000 new settlement units in East Jerusalem and other parts of the West Bank. This would include reported planning in the so-called E-1 envelope, which risks completely cutting off East Jerusalem from the rest of the West Bank.   Settlements are illegal under international law and, should the E-1 settlement be constructed, it would represent an almost fatal blow to remaining chances of securing a two-state solution…In the interests of peace, any plans for E-1 must be rescinded”.

In the statement, the UN Secretary-General also repeated [a ho-hum verb, less alarmist than the rest of the statement issued on Sunday] “his call on all concerned to resume negotiations and intensify efforts towards a comprehensive, just and lasting peace and urges the parties to refrain from provocative actions”.

Continue reading More settlements announced on the day after the UN vote to upgrade Palestine's status to state

Crisis, talk of possible "conflagration", in Silwan today – defused by nightfall?

Israeli Border Police in large numbers were deployed in and around the East Jerusalem neighborhood of Silwan today, as a constellation of pending events portended possible grave troubles ahead.

In the morning, the Police delivered a military notification to Silwan community activist Adnan Gheith that an order to expel him from his home for four months would be executed by 5 pm today. The measure was taken under emergency military orders issued in 1945, during the British administration of the Mandate of Palestine, prior to the proclamation of the State of Israel (in mid-May 1948).

Haaretz reported today that a letter handed to Gheith by the Police on behalf of the IDF Home Front Command a few weeks ago stated: “On November 25, security forces presented the military commander with defense-related material regarding your activities in the Jerusalem sector,” the letter read. “In light of the information contained herein, the military commander, the Home Front Commander [Maj. Gen. Yair Golan], is considering making use of the authority granted to him – and to order your removal from the Jerusalem city limits and its environs for a period of four months”.

According to Haaretz, Gheith was told earlier this week by the police “that he had two weeks to appeal the decision. ‘They claim to have classified information and all sorts of things’, he said. ‘But the truth is that I’m not leaving Jerusalem. Nobody can take a person away from his home and his family’.”

East Jerusalem Attorney Rami Othman said that a decision arrived this morning saying that the order would be carried out by 5 pm today. Othman then made an emergency appeal to Israel’s Supreme Court.

UPDATE: In the late afternoon Sunday the Court issued a temporary injunction against Gheith’s expulsion from Jerusalem by 5 pm.

Continue reading Crisis, talk of possible "conflagration", in Silwan today – defused by nightfall?

Alarmed Israeli experts call government's settlement proposals "fraud" with alarming strategic consequences

Alarmed Israeli experts are using unusually strong language in warnings about their government’s authorizations this week for settlement activities in the occupied West Bank and in East Jerusalem — and about the possible consequences.

U.S. and world leaders interested in peace and stability in the Middle East — which President Barack Obama has said is an American strategic interest – should take note. But reaction has been very slow in coming.

Palestinian officials, meanwhile, are busy with internal feuding and possible reconciliation, and are distracted by exhaustion just over half-way through the special month of Ramadan with its total prohibitions (in public, at least) on activities such as eating, drinking (including water), and smoking for some 14 hours a day (from two hours before dawn until sunset). Palestinian officials are also keeping relatively quiet because they do not want to jeopardize President Mahmoud Abbas’s forthcoming visit to the high-level segment of the annual UN General Assembly debate in about ten days’ time, with its planned whirlwind of formal and informal diplomatic meetings with the world’s top leaders, including the head of state of the UN’s host county, U.S. President Barack Obama. In addition, Palestinian officials generally tend to believe that these problems are really not so much theirs, as the responsibility of the international community.

But, Akiva Eldar reports in Haaretz today that “Three days after the U.S. administration criticized the decision of Prime Minister Benjamin Netanyahu to authorize the construction of hundreds of new housing units in settlements, the Israel Lands Administration published tenders for the construction of 486 apartments in the neighborhood of Pisgat Ze’ev in East Jerusalem”.

To call the U.S. reaction to the moves that started on Monday — the Labor Day holiday in the States, when all of official Washington was taking time off — “criticism” may be a slight exaggeration. As Akiva Eldar notes in the last sentence of his piece, “a source familiar with the exchanges between Israel and the U.S. on the issue of a settlement freeze told Haaretz that the Obama administration is not interested in a crisis with the government of Netanyahu on settlements“. It might be understandable that nobody wants a “crisis” — but crisis might well be what they will get if this issue is fobbed off once again.

There has been a concentrated surge in Israeli settlement activity in and around East Jerusalem since the end of the three-week massive Israeli military attack on Gaza, Operation Cast Lead, from 27 December to 18 January.

According to Akiva Eldar, “The new construction project is designated for the outer edge of the northeastern municipal boundary of Jerusalem, and will narrow the distance between the homes on the edge of the neighborhood and the nearby Palestinian communities. Bids have been solicited for construction on an overall area of 138 dunams (about 34 acres), which was subdivided into 25 smaller tenders. The Obama administration has made it clear on a number of occasions that it is demanding that Israel freeze settlement construction in the territories, including in East Jerusalem. Two months ago, it was reported that Netanyahu had ordered a delay in the publication of the tenders”.

Eldar also reported that “Daniel Seidemann, the founder of Ir Amim, a non-profit organization that seeks to promote coexistence in Jerusalem, said last night that tenders of such magnitude would not be announced if they did not have the support of the prime minister. Seidemann describes the bid-taking as yet another example of a fraud that leads to creating facts on the ground even though there is talk of a freeze in settlement construction”. Eldar’s story can be read in full here.

Seidemann was the founder and is now the legal adviser of Ir Amim, or *City of Nations” — an organization that is devoted to developing a politically-sustainable future for a Jerusalem that will be equitably shared between its two peoples and three religions.

Jerusalem, one of the most segregated cities in the region, is Israel’s declared capital (a move that was made in 1980 but which is not “recognized” diplomatically by almost every country in the world) and its largest — and poorest — city. East Jerusalem, which did not become part of Israel at the time of its state creation in May 1948, is where almost all of the city’s Palestinian residents (who are overwhelmingly not Israeli citizens) live. However, there are now large areas (“neighborhoods”) of Jewish settlement in East Jerusalem. The Palestinian declaration in 1988 (made in Algiers by Yasser Arafat, then endorsed by the full Palestine National Council) claimed East Jerusalem as the capital of a future independent Palestinian state — a position that the most of the world, including the U.S. Administration. has until now appeared to endorse.

An email advisory about a new report recently released by Ir Imim notes that:
* As of today, about 2,000 settlers live in Palestinian neighborhoods in East Jerusalem.
* In recent months, the settlement process in Palestinian neighborhoods in East Jerusalem has accelerated – in the area that is at the heart of the Israeli-Palestinian conflict. The plans are meant to establish Jewish residential contiguity in the neighborhoods surrounding the Old City, and place settlers in the heart of the Muslim and Christian quarters of the Old City, in Silwan and Sheikh Jarrah.
* These settlements are part of a strategic process, coordinated and advanced by various governmental authorities and the Municipality of Jerusalem.
… [And] in the first half of 2009 plans to build 150 additional residential units in East Jerusalem were advanced. These would be able to house about 750 additional settlers in strategic sites in the eastern part of the city. Moreover, plans were advanced to build public Jewish structures like synagogues, mikvot, and community centers in these sensitive areas. The report notes that the majority of the building is carried out by private bodies, and [settler] associations like ‘Elad’ and ‘Ateret Cohenim’. However, it is clear that these activities are part of a strategic plan conceptualized, coordinated, and advanced by various government agencies, as well as by the Municipality of Jerusalem. The latter’s role includes support of the accelerated processes in approving settlement plans; and ‘vigilance’ in demolishing homes in these neighborhoods. In the report’s appendix, other processes likely to influence the state of the Israeli-Palestinian conflict are tracked, especially the expansion of Israeli construction in East Jerusalem and the demolition of Palestinian homes. The appendix notes reports of land acquisitions in Samir Amis — in northern Jerusalem on the other side of the separation fence [n.b., Semiramis is also on the other side of what Israeli military officials call a “border crossing”, the Qalandia checkpoint] — in Beit Hanina, in Jabel Mukaber, in the Muslim quarter, as well as in other areas”.

The text of the Ir Amim report says that there are “three urgent threats to a negotiated agreement in Jerusalem:
1. The accelerated process of Israeli settlement in Palestinian communities in East Jerusalem.
2. Plans for development of E-1, which would prevent future development of a Palestinian capital to the east, and sever its connection with the West Bank.
3. The proposed Jerusalem master plan (Jerusalem 2000), which threatens to reengineer the demographic distribution of Palestinians and Israelis in East
Jerusalem; and to isolate a number of Palestinian communities”.

The report also states that “Recent months have seen the acceleration of the process of Israeli settlement in Palestinian communities in East Jerusalem. These settlements create a crescent of Jewish population along the ridges surrounding the Old City, and implant Jewish population in the midst of the Muslim and Christian Quarters, as well as in Silwan and Sheikh Jarrah – precisely in the areas of most intense dispute in the Palestinian /Israeli conflict. At the start of 2009 approximately 2000 Israeli settlers were living in Palestinian neighborhoods of East Jerusalem – primarily in the historic area. In the first half of 2009, plans are being advanced for the building of an additional 150 housing units that could settle another 750 people in strategic areas of disputed East Jerusalem. In addition, plans were advanced for Jewish community facilities (e.g., synagogues, community centers, ritual baths, etc.) in these areas. Most of this activity is executed by private bodies, such as the Elad and Ateret Cohanim associations. However, it is evident that individual settlements are part of a strategic move, coordinated and facilitated by national governmental units, as well as by the Jerusalem Municipality. The latter’s contribution is manifested in expedition of planning processes and increased ‘vigilance’ regarding housing demolitions in the affected communities. Of special concern are the recently exposed plans for a massive expansion of settlements in Ras Al-Amud and Silwan, as well as the approval of plans for construction in Sheikh Jarrah and attendant evictions … A number of reports have appeared in the Israeli press about land purchases by settler organizations in various Palestinian neighborhoods. Ir Amim understands that there have been undisclosed purchases in Samiramis (north of the Separation Barrier, but within the Jerusalem municipal lines), Beit Hanina, Jabel Mukaber, and the Muslim Quarter of the Old City … According to the Municipality of Jerusalem, in the first six months of 2009, 40 Palestinian structures were demolished, including 15 which were demolished by the owners. This number is roughly representative of the average number of demolitions carried out in half a year in past years (i.e., 42 homes). Over the years 2004 – 2008, an average of 84 Palestinian homes were demolished in Jerusalem yearly. In 2008, 88 homes were demolished. In this half-year period, demolitions occurred in virtually all of the Palestinian neighborhoods of Jerusalem, including 5 in the Old City. It is notable that in the entire year of 2008, only 3 homes were demolished in the Old City”.

The full Ir Amim report in English can be viewed here .

Shaul Arieli, a military aide to then-Prime Minister Ehud Barak at the time of the Camp David negotiations conducted with the Palestinians under the auspices of former U.S. President Bill Clinton in the year 2000, has just published on his website a dramatic power point presentation of the extensive Israeli preparations to develop the “E-1 envelope” in the West Bank half way between East Jerusalem and Dead Sea, opposite the very large Israeli settlement Maale Adumim, which is just south of the main Road One (1). Arieli’s photographs and explanations show massive Israeli infrastructure development of a new area designated as “Mevasseret Adumim”, on the northern side of the main highway to the Dead Sea, Road One (1), where now there is only the recently-relocated Police Station (moved from the East Jerusalem area of Ras al-Amud earlier this year, despite straight-faced statements of Israeli officials last year to then-U.S. Secretary of State Condoleezza Rice that the police station move would not take place in the near future).

Arieli, who is now a member of Israel’s Council on Peace and Security, an independent organization of former military and other officials, later developed the maps and the 1:1 land swap proposal that were an important part of the Geneva Initiative — a proposal for a conclusion of Israeli-Palestinian final status negotiations that was launched with Swiss support in December 2003 by “civil society” (critics, however, called them has-been and wanna-be politicians). The 1:1 land swap was a feature of the reported offer (details are only very sketchy) that was apparently made by Israel’s outgoing Prime Minister Ehud Olmert to Palestinian President Mahmoud Abbas last year.

In his powerpoint presentation, Arieli concludes that “the strategic consequences [of Israeli settlement development in the West Bank] are alarming. Israel continues to invest in the [E-1] plan as if no final status negotiations are taking place, or as if it does not treat the negotiations with the seriousness needed to conclude an agreement. It continues to position itself in the West Bank, including entrenching the settlement enterprise under an apparent work assumption that the conflict would continue … On the one hand, Israel is negotiating over final status … on the other hand, it is investing heavily in creating reality that eliminates the ability to reach such an agreement. Either the government is knowingly wasting the taxpayer’s money, or is purposefully undermining the ability to conclude a final status agreement”.

Arieli’s powerpoint presentation, with its photos and maps, can be viewed here .

***********************

For background on these complicated local issues with international ramifications, here is some information compiled by BTselem, which calls itself “the Israeli information center for Human Rights in the occupied territories”:

ON SETTLEMENTS IN GENERAL

“At the end of 2008, the West Bank (not including East Jerusalem) contained 121 settlements that the Interior Ministry recognized as ‘communities’, even though some of them contain stretches of land on which the built-up area is not contiguous. Twelve other large settlements and small settlement points are located on land annexed by Israel in 1967 and made part of Jerusalem. There are an additional 100 or so unrecognized settlements, referred to in the media as “outposts,” which are usually smaller than the recognized settlements. By the end of 2008, the number of settlers in the West Bank stood at 479,500. This figure is based on two components: according to Israel´s Central Bureau of Statistics (CBS), in 2008, 285,800 settlers were living in the West Bank, excluding East. In addition, based on growth statistics for the entire population of Jerusalem, the settler population in East Jerusalem at the end of 2008 is estimated at 193,700. According to CBS´s estimate, in 2008, the settler population (excluding East Jerusalem) grew at a much faster rate than the general population: 4.7 percent compared to 1.6 percent respectively [And] In 2007, the population of the settlements (excluding East Jerusalem) grew faster than Israel´s general population: 4.5 percent compared to 1.5 percent”. This information can be examined in full here.

ON EAST JERUSALEM

“Since East Jerusalem was annexed in 1967, the government of Israel´s primary goal in Jerusalem has been to create a demographic and geographic situation that will thwart any future attempt to challenge Israeli sovereignty over the city. To achieve this goal, the government has been taking actions to increase the number of Jews, and reduce the number of Palestinians, living in the city. At the end of 2005, the population of Jerusalem stood at 723,700: 482,500 Jews (67 percent) and 241,200 Palestinians (33 percent). About 58 percent of the residents live on land that was annexed in 1967 (45 percent of whom are Jews, and 55 percent Palestinians). With the Palestinians having a higher growth rate than the Jews, Israel has used various methods to achieve its goal:
* Physically isolating East Jerusalem from the rest of the West Bank, in part by building the separation barrier;
* Discriminating in land expropriation, planning, and building, and demolition of houses;
* Revoking residency and social benefits of Palestinians who stay abroad for at least seven years, or who are unable to prove that their center of life is in Jerusalem;
* Unfairly dividing the budget between the two parts of the city, with harmful effects on infrastructure and services in East Jerusalem.
Israel´s policy gravely infringes the rights of residents of East Jerusalem and flagrantly breaches international law. East Jerusalem is occupied territory. Therefore, it is subject, as is the rest of the West Bank, to the provisions of international humanitarian law that relate to occupied territory. The annexation of East Jerusalem breaches international law, which prohibits unilateral annexation”. This can be studied on the BTselem website here.

ON THE LEGAL STATUS OF JERUSALEM

“Between 1948 and June of 1967, Jerusalem was divided in two: West Jerusalem, which covered an area of about 38 square kilometers was under Israeli control, and East Jerusalem, which contained an area of some 6 sq. km [n.b., this refers just to the Old City, which is all there was of East Jerusalem until Israeli unilateral annexation of suburban areas in 1967 created Greater Municipal Jerusalem, an area over which Israel formally extended, at that time, its administration and law], was ruled by Jordan. In June 1967, following the 1967 War, Israel annexed some 70 sq. km to the municipal boundaries of West Jerusalem, and imposed Israeli law there. These annexed territories included not only the part of Jerusalem that had been under Jordanian rule, but also an additional 64 square kilometers, most of which had belonged to 28 villages in the West Bank, and part of which belonged to the municipalities of Bethlehem and Beit Jala. Following their annexation, the area of West Jerusalem tripled, and Jerusalem became the largest city in Israel. Prior to 1967, therefore, most of the area comprising present-day Jerusalem was not part of the city (West or East), but rather part of the West Bank. The new borders, set by a committee headed by General Rehavam Ze’evi, then assistant to the head of the Operations Branch of the Israel Defense Forces’ General Staff, were approved by Israel’s government”. This information can be viewed on the BTselem website here.

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ON E-1 OR E1 – BETWEEN JERUSALEM AND THE DEAD SEA

For background on the E-1 or E1 issue discussed in Shaul Arieli’s powerpoint presentation, here is some information from a leaked and not-officially-adopted report by the EU Heads of Mission in East Jerusalem and in Ramallah — in 2005, so some of the details are out-of-date:

“E1 (derived from ‘East 1’) is the term applied by the Israeli Ministry of Housing to a planned new neighbourhood within the municipal borders of the large Israeli settlement of Ma’aleh Adumim (30,000+ residents), linking it to the municipal boundary of Jerusalem (a unilateral Israeli line well east of the Green Line). E1, along with a maximalist barrier around Ma’ale Adumim, would complete the encircling of East Jerusalem and cut the West Bank into two parts, and further restrict access into and out of Jerusalem. The economic prospects of the Wset Bank (where GDP is under $1000 a year) are highly dependent on access to East Jerusalem (where GDP is around $3500 a year). [n.b. – In Israel in 2005, the GDP may have been around $18,000 per year, and it is now more like $24,000 per year] Estimates of the contribution made by East Jerusalem to the Palestinian economy as a whole vary between a quarter and a third. From an economic perspective, the viability of a Palestinian state depends to a great extent on the preservation of organic links between East Jerusalem, Ramallah and Bethlehem.

“E1 is an old plan which was drawn up by Rabin’s government in 1994 but never implemented. The plan was revived by the housing Ministry in 2003, and preliminary construction in the E1 area began in 2004. Since his resignation from the Cabinet, Netanyahu has tried to make E1 a campaign issue.

“The development plans for E1 include:
§ the erection of at least 3,500 housing units (for approx. 15,000 residents);
§ an economic development zone;
§ construction of the police headquarters for the West Bank that shall be relocated from Ras el-Amud;
§ commercial areas, hotels and ‘special housing’, universities and ‘special projects’, a cemetery and a waste disposal site.
§ About 75% of the plan’s total area is earmarked for a park that will surround all these components.
§ So far only the plans for the economic development zone have received the necessary authorisations for building to commence. The plans related to residential areas and the building of the Police Headquarters have been approved by the Ma’aleh Adumim Municipality but not yet by the Civil Administration’s Planning Council.

“The current built-up area of Ma’aleh Adumim covers only 15% of the planned area. The overall plan for Ma’aleh Adumim, including E1, covers an area of at least 53 square kilometres (larger than Tel Aviv) stretching from Jerusalem to Jericho (comment: Israel’s defence of settlement expansion ‘within existing settlement boundaries’ therefore covers a potentially huge area). In August 2005 Israel published land requisition orders for construction of the barrier around the southern edge of the Adumim bloc, following the route approved by the Israeli cabinet on 20 February 2005 (including most of the municipal area of Ma’aleh Adumim).
The E1 project would cut across the main central traffic route for Palestinians travelling from Bethlehem to Ramallah. This route is actually an alternative to route 60, which until 2001 was the main north-south highway connecting the major Palestinian cities (Jenin, Nablus, Ramallah, Jerusalem, Bethlehem and Hebron) on the ridge of mountains in the West Bank. And Palestinians currently have only restricted access to route 60 (either permits are required for certain segments or roads are blocked), especially from/to the Jerusalem area.

“Since 2003, some preparatory work has taken place. In the northern sector of E-1, where residential housing is planned, the top of a hill has been levelled in order to allow construction. In the southern section, where a police station and hotels are planned, an unpaved road has been constructed. But no further work has been carried out for over a year. On 25 August 2005 Israel announced plans to build the new police headquarters for the West Bank in E1, transferring it from its present location in East Jerusalem. Many previous settlements have started with a police station, and we are aware from Israeli NGOs that Israel has plans to convert the existing West Bank police headquarters, in Ras Al-Amud, into further settlement housing”.

This 2005 EU document — which was never officially adopted — can be viewed in full here on the Electronic Intifada website.

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