{"id":13848,"date":"2014-03-12T17:43:53","date_gmt":"2014-03-12T14:43:53","guid":{"rendered":"http:\/\/peacenow.org.il\/?p=13848&lang=en"},"modified":"2016-05-13T13:20:48","modified_gmt":"2016-05-13T10:20:48","slug":"a-disaster-in-the-making-the-potential-new-settlements-in-hebron","status":"publish","type":"post","link":"https:\/\/peacenow.org.il\/en\/a-disaster-in-the-making-the-potential-new-settlements-in-hebron","title":{"rendered":"A Disaster-in-the-Making: The (Potential) New Settlements in Hebron"},"content":{"rendered":"

The establishment of a large new settlement in the heart of Hebron, at a site known as \u201cthe House of Contention,\u201d seems to be closer than ever and may take place in the coming weeks\/months \u2013 upon approval by the Israeli Government.<\/strong><\/p>\n

On March 11, 2014, the Israeli Supreme Court ruled on a case regarding settler ownership of a large property in the heart of Hebron that the settlers are the legal owners of the property (provided that they pay a remaining debt to the Palestinian owner within 30 days, which they are likely to do). However, the court stressed that this ruling does not grant the settlers any legal right to take control of or move into the site. This would be only allowed after an official approval by the Minister of Defense.<\/p>\n

The policy of the Netanyahu Government and\u00a0past statements<\/a> show that without political pressure, the Minister of Defense would be happy to be the one to approve the establishment of a new settlement in Hebron. This would be the first new settlement in Hebron since the 1980s<\/strong>, with potentially devastating consequences<\/strong> with respect to Palestinian residents of Hebron, tensions and violence in that volatile city, for ongoing peace talks, and for the two-state solution.<\/span><\/p>\n

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Background<\/strong><\/p>\n

In March 2007, settlers moved into a large building in Hebron, popularly known as the \u201cHouse of Contention,\u201d claiming to have purchased the property, Palestinians disputed that claim.\u00a0 Subsequently, Israeli police found that some of the purchase documents were forged and the government ordered the eviction of the settlers.\u00a0 That eviction took place in December 2008, following a week of settler violence against Palestinians in the area.<\/p>\n

On September 13, 2012, the District Court ruled that, despite the forged documents, the purchase was legal.\u00a0 That ruling was appealed to the Israeli Supreme Court, which rejected the appeal on 11\/3\/14. See the ruling (in Hebrew), here<\/a>.<\/span><\/p>\n

Following the ruling of the District Court but before the case was appealed to the Supreme Court, then-Defense Minister Ehud Barak approved the settlers\u2019 purchase. \u00a0This approval was put on hold until the Supreme Court rules on the appeal.<\/p>\n

Today, after the Supreme Court approved the settlers\u2019 ownership of the compound, the issue is back on the table of the current Minister of Defense to decide whether to allow the establishment of a new settlement in Hebron or not.<\/span><\/p>\n

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The House of Contention in Hebron – Could house hundreds of settlers<\/p><\/div>\n

Ownership \u2260 A Right to Settle<\/strong><\/p>\n

A ruling in the settlers\u2019 favor in no way implies or grants the settlers the right to occupy the site.<\/strong>\u00a0 The authority to establish a settlement in the West Bank rests exclusively in the hands of the Government of Israel, irrespective of any ownership claim. Every purchase of property in the West Bank by Israelis must be approved by the Minister of Defense.<\/p>\n

This legal construct exists, at least in part, to prevent extremist settlers and their financial backers from dictating Israeli policy in the West Bank, including the use of Israeli security resources, through property purchase faits accomplis<\/em>.<\/p>\n

Indeed, the Supreme Court ruling on the appeal stated explicitly that \u201cPossession of the property shall be given to the respondent [the settlers\u2019 company] by the State only after the procedures according to the Order of Real Estate Transactions are completed (without expressing an opinion on the merits)\u201d<\/em>. The \u201cprocedures according to the Order of Real Estate Transactions\u201d includes the approval of the Minister of Defense to register the property in the name of the settlers.<\/p>\n

Also the original ruling of the district court stated: \u201cthis ruling does not create any civil or administrative obligation on the Government authorities, including regarding the issue of future registration of the plaintiff’s [the settler\u2019s company] rights<\/em>\u201d.<\/p>\n

The current Minister of Defense might claim that the approval was already granted by the previous Minister, after the ruling of the District Court, and that there is nothing he can do about it. But such a claim would be disingenuous if not mendacious. In his capacity as Minister of Defense, Minister Ya\u2019alon has the authority to withdraw the approval given by the previous minister, to put that approval on hold, to postpone the implementation of the purchase, etc…<\/p>\n

Even if the Minister of Defense allows the registration of the purchase in the name of the settlers, he may still prevent them from entering the site for security reasons, political arguments or any other reasons.<\/p>\n

In short, a new settlement can result only if the current Israeli Minister of Defense, in his capacity as a member of the Netanyahu government, makes an affirmative decision to allow\/enable it to happen.<\/span><\/strong><\/p>\n

A Disaster-in-the-Making: The (Potential) New Settlement<\/strong><\/p>\n

The site in question is a large building (4000 sq. m.) located inside the built-up area of Hebron, on the road connecting Kiryat Arba (located on Hebron\u2019s periphery) and the Tomb of the Patriarchs\/Ibrahim Mosque.<\/p>\n

Settlers have long sought to convince\/compel the IDF to take control of this strategic corridor, with the goal of establishing a contiguous Israeli civilian presence between the two settlement areas.<\/p>\n

Establishing a settlement at this strategic location would do precisely this.\u00a0 Specifically, it would:<\/p>\n