The illegal Bedouin outpost of Khan al Ahmar near Kfar Adumim

Khan al Ahmar: High Court of Justice grants the government an additional delay.  “Compromise attempts have become uncompromising contempt.”

The High Court of Justice granted the government an additional six-month delay in the Khan al Ahmar case. Regavim: Kicking the can down the road isn’t the solution, it’s part of the problem.

This morning (Wednesday), the High Court of Justice approved the government’s request for an additional six month extension of the deadline, to present to the court its plan for the evacuation of Khan al Ahmar, an illegal Palestinian Authority/European Union –supported  outpost in the Adumim Region. The decision is the most recent stage in the sixth petition filed by the Regavim Movement against what it has called “the Palestinian Authority’s flagship outpost in the systematic takeover of Area C.” In 2009, Regavim filed the first petition against this Bedouin encampment on Route 1, a few short minutes’ drive from Jerusalem, in an attempt to compel the Israeli government to enforce the law and block the PA’s creeping annexation of state land throughout Judea and Samaria.

Presiding over the judicial panel, Justice Solberg’s decision included harsh criticism of the government’s conduct: “There is no doubt that the day is fast approaching when it will no longer be possible to accept the lack of clarity in this case, which requires a clear and decisive resolution – one way or the other. Even if the various proposed solutions were sufficient cause to postpone the inevitable, it is not possible to stall indefinitely. Even attempts to reach a consensual resolution must have limits. At a certain point, these attempts become a source of contempt, and this we must not accept. Our job as judges is to bring clarity to the petitions that are brought before us; this is our task, and this is our duty. We cannot sit idly by and do nothing in the face of this continued procrastination. We intend to complete the hearing process in this case soon after the government files its reply and after we consider any further responses to that reply; either way, this case must be resolved.”

Justice Stein joined Justice Solberg’s decision, adding that “the principle of legality, which we have been entrusted to carry out and to encourage, does not allow the state to ‘sit on the fence’ for years at a time and gaze at illegal structures without taking a definitive decision to either regulate or demolish them.”

Justice George Kra expressed reservations regarding the criticism voiced by his fellow justices, noting that he “at this time I see no reason to tie the court’s hands and limit our options regarding the continued adjudication of this petition.”

The Regavim Movement, which has been at the forefront of judicial and public opinion efforts to combat Palestinian annexation in Judea and Samaria, has been waging the battle for law enforcement in the Adumim Region through over a decade of Supreme Court petitions.

Responding to this morning’s decision, Meir Deutsch, Director General of Regavim, noted: “The chronic ‘after-the-holidays’ excuse isn’t a solution – it’s part of the problem.  In the case of Khan al Ahmar, procrastination is an attempt to ignore reality and erase hard facts. The state is attempting, for the umpteenth time, to push off its commitment to evacuate Khan al Ahmar – until after the next holiday, Passover. Procrastination won’t change the bottom line: The State of Israel must take action against the ongoing Palestinian takeover of Judea and Samaria. Khan al Ahmar has been, and continues to be, the test case for the larger strategic challenge.”

Illegal construction on IDF Training Ground 918

This article first appeared on the JNS Wire.

Through incessant legal and procedural appeals, the PA has upended Israeli law enforcement and set the system against itself, creating facts on the ground and laying the foundations of a Palestinian state in the heart of the land of Israel.

It’s no secret that the system of law in force in Judea and Samaria is far from ideal: In the aftermath of the Six-Day War, the Israeli government balked.

Rather than applying Israeli law to the territory liberated in 1967 — territory that had always been within the internationally recognized borders of the Jewish homeland—Israel chose instead to “temporarily” maintain the existing legal framework. Despite the fact that Jordan’s invasion, occupation and annexation of Judea and Samaria (the areas that it then began to refer to as “the West Bank” as a means of justifying its presence there) were illegal, and were never recognized by the international community, Israel deemed it more prudent not to act on its very solid and exclusive claims to the historic heartland of Israel.

Instead, it left the territory to the mercy of a hodgepodge of legal relics, pasted together with a smattering of military orders, that has continued to hold sway for more than half a century — longer than the Jordanian occupation and the British Mandate combined.

It’s no secret that this outmoded and convoluted system is a gold mine for construction offenders. Nor is it a secret that the Palestinian Authority and its generous European supporters have perfected the art of using this “system” to their advantage.

Antiquated, ineffective and labyrinthine Jordanian regulations have been famously exploited in what is known as “lawfare”: Through incessant legal and procedural appeals, the PA has upended Israeli law enforcement and set the system against itself, creating facts on the ground that are re-drawing the map and laying the foundations of a Palestinian state in the heart of the land of Israel.

Over the past two years, Regavim has filed a number of administrative petitions in the Jerusalem District Court (which serves as the Court for Administrative Affairs) against the Ministry of Defense and the Civil Administration, regarding instances of illegal construction and de facto annexation by the P.A. and its local authorities. Specifically, Regavim’s petitions sought the implementation and execution of the “Order for Removal of New Structures,” military legislation created by the defense establishment in 2018 to cut through the legal and bureaucratic red tape that characterizes “standard enforcement procedures” in Judea and Samaria, the legal quicksand that has made law enforcement virtually non-existent.

Again and again, the state’s lawyers argued for dismissal of Regavim’s petitions on jurisdictional grounds: The New Structures Order, they claimed, does not fall within the jurisdiction of the Administrative Court, and should be heard in the High Court of Justice (HCJ).

But when Regavim petitioned the HCJ to compel the state to enforce the “New Structures Order,” the government’s lawyers argued that the petitions should be dismissed out of hand, because an alternative legal remedy is available — namely, “standard enforcement procedures” arising from the Planning and Construction Code. Even though these alternative legal remedies have not been enforced, the state argued, the proper forum for hearing these cases is … the District Court.

The long and short of it is that the government’s enforcement arm is trying to dodge any and all cases involving its failure to enforce the law — either under the New Structures Order or under the Jordanian Planning and Construction Code, whether in the District Court or in the HCJ.

Avi Segal, Regavim’s attorney, explained: “At issue is a broader question that goes beyond the individual cases. The government is shirking its responsibility to enforce the law. This is a deliberate attempt to create a legal ‘Catch 22’ that will neuter the law and empty it of all meaning, while at the same time limiting the public’s ability to scrutinize and evaluate the state’s continued inaction before a court of law — whatever court that may be.”

In the HCJ hearing on Sept. 13, Justices Anat Baron, Yael Vilner and Ofer Grosskopf had some very pointed criticism for the State Attorney. The justices required the government to provide answers, rather than hiding behind procedural cat-and-mouse jurisdictional arguments.

The court’s decision is quite clear: The state will not be allowed to continue to duck the questions raised by Regavim’s petitions, nor will it be allowed to continue to use the “Catch 22” of jurisdiction to avoid enforcing the law. The state was required to submit, within 60 days, substantive arguments regarding its failure to enact the “Removal of New Structures Order” in these cases.

Furthermore, the state was required to submit, within 60 days, an update on its progress towards amending the “Removal of New Structures Order,” so that the question of jurisdiction is clarified once and for all.

Perhaps this will go down in history as the day that the government was forced to own up to its failure to protect Israel’s interests in Judea and Samaria, and the day that the Israeli version of “Catch 22” began to unravel.

The illegal outpost of Khan al Ahmar; Route 1 can be seen in the background

The Regavim Movement reacted with concern to the state’s response in the Khan al Ahmar case, which was submitted to the High Court this evening.

The government requested an additional six month delay of the deadline to submit its official position to the court in the matter of the illegal outpost on Route 1 slated for demolition over a decade ago. During this additional half-year period, the state intends to submit a confidential document to the court detailing all the considerations that impact the enforcement of demolition orders at the site.

Meir Deutsch, Director General of Regavim, sharply criticized the state’s response, and the conduct of Prime Minister Naftali Bennett.

“From the first day of the current government’s term, we have stressed that deeds, not words, are what count,” Deutsch said. “Today it has become clear that contrary to its oft-repeated declarations, this government is continuing along the dangerous trajectory set by its predecessor, conducting its law enforcement system according to the whims of foreign governments.”

“The root of anarchy is selective, preferential law enforcement. No sector or segment of the population should enjoy immunity from law enforcement because of international pressure while the law is enforced against other sectors.”

Regavim noted that in earlier responses to the High Court, the state explained that law enforcement at Khan al Ahmar would be postponed for fear that this would trigger proceedings in the International Court of Justice in The Hague.

“This conduct broadcasts a very problematic message to the world, intimating that the State of Israel is a guest in this territory when in fact Judea and Samaria have been under internationally-recognized Israeli jurisdiction for a longer period of time than the British Mandate and the Jordanian occupation combined,” noted Deutsch.

“The time has come for the State of Israel to exercise its rights to this territory, and to behave in a manner befitting the sovereign body responsible for law enforcement in the area according to international law and in accordance with the historic right of the State of Israel to the territories of Judea and Samaria.”

It took a mere 12 months for the Palestinian Authority to build this enormous, impressive, and illegal school in Kisan, eastern Gush Etzion.

As soon as construction was underway, we petitioned the Jerusalem District Court – since the Israeli authorities did absolutely nothing to prevent yet another land grab. In response to our petition, the State representatives told the judges that Stop Work Orders and demolition orders had been issued against the illegal structure, however they refused to commit to a timetable of when the law would be enforced. Unfortunately, the Court accepted the State’s claims and rejected our petition.

The months passed by, construction was completed, and students are now pouring into the school.

We promised not to allow the story to end this way, so we’ve decided to file another petition with the Court. Rather than rewarding illegal activity, the State should be made to close down the school!

This school is merely one example of a widespread phenomenon. Recently, we published – in Hebrew – a comprehensive report about illegal, PA-built schools in Area C. The English version should be available in the nearby future. Our report reveals that, over the last decade, the Palestinian Authority has built 100 (!) schools without permits in strategic areas.

You might be thinking: ‘These schools are crucial for the education of Palestinian schoolchildren!’ But no. Our data indicates that these schools are no humanitarian necessity; they were quickly set up, without permits, in order to advance the Fayyad plan. The density in PA schools (313 students on average per school) is lower than in Israeli schools (337 students on average per school) and much lower than the density in schools in Jordan (476.9 students on average).

An analysis of our data also proves that these new schools weren’t built to compensate for problems of long distances. All of the schools, without exception, were established between a few hundred meters to three kilometers from already-existing schools.

You see, the PA knows all too well that Israel is unlikely to knock down the illegal schools. If Israeli authorities enforce the law, the media pump out heartbreaking photos of underprivileged children being ‘denied’ an education. If Israel turns a blind eye in order to avoid a black eye, the schools become anchors for new outposts in previously uninhabited – and generally uninhabitable – areas, and more funding pours in to alleviate the humanitarian hardships of these fabricated communities.

On a daily basis, the PA works to change the map, seizing strategic points throughout the territory. We call on the State of Israel to internalize, once and for all, that in the BattleforAreaC it has a right, responsibility, and a national interest to prevent illegal Palestinian construction. Time to wake up, before a de-facto Palestinian terror state is established in Israel’s heartland!

Illegal construction throughout Area C

We often discuss the issue of the illegal takeover of Area C, the area of Judea and Samaria under Israeli jurisdiction. Let’s break it down into numbers.

Illegal Palestinian structures, built in Area C without permits:
2009: 29,784
2018: 58,435
2020: 65,572

According to official data, every year the Civil Administration tears down between 200-250 structures. So even if you hear of the odd demolition, it’s like a drop in the sea. The Palestinian Authority is carrying out mass, rapid, illegal construction, changing the map by creating facts on the ground.

Looking at the number of illegal structures doesn’t tell the full story, however. While Israeli-Jewish construction is often ‘upwards’, the Palestinian-Arab construction tends to be ‘sideways’ – in other words, spreading over huge swathes of land.

In 2009, Israeli construction covered 47,327 dunams in Area C, while Palestinian construction sprawled over 44,495 dunams.

By 2019, the number of dunams covered by Israeli construction increased slightly to 56,700 while Palestinian construction was over 78,500 (!) dunams.

The alarm bells must ring. We are up against huge, EU-funded, PA-orchestrated efforts to steal more and more land in Area C, the section of Judea and Samaria under full Israeli jurisdiction. In line with the Fayyad plan that was devised in 2009, the takeover is methodical, strategic, and effective.

Israel can win this battle; but it must change its mindset and understand that this is about the future of our ancestral homeland. We call on the Israeli government to prevent the establishment of a de-facto Palestinian terror state in Israel’s heartland.

Regavim: Protecting Israel’s Resources, Preserving Israeli Sovereignty

In early May, we posted about the Shin Bet’s confirmation that millions of euros were donated to Palestinian terror organizations under the guise of “humanitarian aid” by the EU.

Now, in another dramatic story, the Jerusalem Post’s Lahav Harkov has exposed that the European Union hid a study that noted widespread antisemitic incitement in Palestinian Authority textbooks.

In a report commissioned by the European Union, it was found that teachers and publishers of textbooks in the Palestinian Authority, whose salaries are paid by Brussels, teach the young generation to hate Israel and Jews. Examples include: portrayal of Jews as enemies of Islam, Jihad as a holy mission, accusations that Israel is murdering innocent civilians, lies that Israel is digging underneath the Temple Mount in order to collapse it, and other libelous vitriol. Even in science textbooks, Newton’s laws are taught by depicting a child throwing rocks at Israeli soldiers. And, of course, all the maps completely disregard Israel, referring to the entire area between the Jordan River and the Mediterranean Sea as Palestinian territory.

Federica Mogherini, former High Representative of the Union for Foreign Affairs and Security Policy of the European Commission, learned of the uncomfortable findings of this report yet decided to bury them. Mogherini allowed only for a short, unimportant summary to be publicized.

Over the years, the European Union has consistently claimed that it is an ‘honest broker’ in the Israel-Palestinian arena and seeks to bring the two sides together for a negotiated peace. However, funding and then ignoring antisemitic education and inciteful messages is not exactly conducive to those efforts, is it? Regavim has regularly called out the European Union for its hypocrisy, chutzpah, lies, and illegal construction. The EU talks about humanitarian needs, peace, cooperation, etc. But in practice, the Europeans are complicit in illegal activities and encourage terrorism and antisemitism.

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Recently we were hosted by The Israel Connexion on J-AIR Community Radio to discuss EU-Israel relations, together with Peter Stano, spokesperson for the European External Action Service – EEAS.

Mr Stano reiterated the EU’s official position that supports a two-state ‘solution’ through bilateral negotiations. He also claimed that the European Union is not engaged in illegal activity in Judea & Samaria.

Fact check: Wrong!

Over the years, Regavim has documented EU complicity in mass, illegal construction throughout Judea & Samaria. According to the Oslo Accords, to which the EU is signatory, around 60% of the territory (known as Area C) is under full Israeli jurisdiction. Despite this, thousands of structures that proudly bear the EU symbol are scattered strategically throughout Area C, without receiving the necessary permits. The goal is to create facts on the ground that serve as a backbone for a future Palestinian state, rendering Palestinian negotiations with Israel superfluous. We’ve covered this issue at length in our reports: War of Attrition (2019), Roots of Evil (2018), and EU Construction in Area C (2014).

The EU also rejects the notion that it is funding terrorist activity. Sadly, however, this is not true. Only a couple of days ago, the Shin Bet announced that European “humanitarian” funding has been diverted to terrorism!

Instead of fighting extremism, and despite proclamations to the contrary, EU states contribute significant funds to the Palestinian Authority and its various branches/organizations that incite, reward, and celebrate terrorism.

Even if unintentional, or disguised in European politeness and doublespeak, the EU is violating Jewish national and individual rights in the Land of Israel. This is unacceptable and must be stopped. To the European Union we say – politely, of course: mind your own business!

Regavim: Protecting Israel’s Resources, Preserving Israeli Sovereignty

Shin Bet, together with the IDF and Israel Police, has exposed what Regavim has been shouting for ages. Under the guise of “humanitarian aid”, millions of euros that are donated to the People’s Front for the Liberation of Palestine (PFLP) actually fund terrorist activities.

For years, we’ve been sounding the alarm bells about the direct link between European funds and terrorist organizations. Take, for example, the Union of Agricultural Works Committee (UAWC), the ‘agricultural arm’ of the PFLP – a terror organization dedicated to Israel’s destruction. Last year, it was reported that the Dutch government paid the salaries of two senior UAWC members, Samer Arbid & Abdel Raziq Faraj, who murdered 17-year-old Jewish girl Rina Shnerb.

In our 2018 report ‘Roots of Evil’, we also exposed the UAWC’s illegal projects in Area C, intended to create facts on the ground and establish a de-facto Palestinian state.

The Europeans and their various aid groups like to meddle in Israel’s internal affairs. We think that this needs to stop. European colonialism, while cleverly and slyly masked as “humanitarian aid”, violates Jewish national and individual rights in the Land of Israel. All this reminds us of an age-old term that begins with an A…

Regavim: Protecting Israel’s Resources, Preserving Israeli Sovereignty

Illegal school in the Jordan Valley, strategically placed by the European Union

Under the radar: Palestinian Authority builds a new illegal school in a Jordan Valley nature reserve

Over the past several weeks, the Palestinian Authority built a new illegal school at Hamam al Maliakh, in the Bazak Nature Reserve in the Jordan Valley. Regavim: “The PA builds, the EU funds, and the State of Israel ignores.”

The Palestinian Authority (PA) built a new school in the site of the historic Hamam al Maliakh hot springs, located in the heart of the Jordan Valley’s Bazak Nature Reserve. The site is in Area C, under full Israeli jurisdiction.

Some years ago, an Arab family took over the site, turning the historic structure into a private residence and making structural changes as if it were their personal property.

Now, aside from the illegal invasion and damage to the site, insult has been added to injury: A new school has sprung up at the site in recent weeks, complete with signage announcing that the construction was funded by the European Union and group of European countries – all of which have been playing an increasingly significant role in the PA’s quiet takeover of Area C in recent years.

Without shame: European signage at the entrance

The new school is adorned with colorful wall murals – as well as tarpaulin sheets that are meant to hide the illegal structure from the eyes of Civil Administration inspectors.

Regavim turned to the Civil Administration, seeking answers: How is it possible that a school was built in the heart of an historic site located in a national nature reserve – and no one did a thing to stop it?

Eitan Melet, Regavim’s Field Coordinator for Judea and Samaria, explains: “The Palestinian Authority is playing hide and seek with the Civil Administration. The PA builds “confrontation schools” – illegal schools in Area C – for the purpose of anchoring a network of outposts in Area C. The Palestinians come up with new, inventive ways of camouflaging their activities, and the Civil Administration, either intentionally or unintentionally, continues to fall into the very effective trap that the PA is using over and over again: Once these illegal schools are completed, they create a win-win public relations headache which the Civil Administration hasn’t learned to contend with. The PA appears to be the only team on the playing field.”

The school covered in sheets to hide it from the Israeli authorities
Turn on English subtitles
The EU-funded illegal PA outpost of Khan al-Ahmar, east of Jerusalem

For 10 years, the illegal Bedouin outpost of Khan al-Ahmar has been undermining Israel’s rule of law, making a mockery of Israeli sovereignty, enabling the Palestinian Authority to carry out the Fayyad Plan for the establishment of a de facto state on Israeli-controlled sections of Judea and Samaria and galvanizing a coalition of anti-Israel NGOs and foreign interests. Now, Khan al-Ahmar has become an instrument for the evisceration of High Court of Justice rulings and the erosion of the very foundations of Israeli democracy.

On Monday evening, the State Attorney submitted a request to the court on behalf of Israeli Prime Minister Benjamin Netanyahu, asking to delay a hearing on a petition submitted by Israeli NGO Regavim against the government’s failure to evacuate Khan al-Ahmar. Should the court grant this request, the hearing, scheduled for early December 2019, would be postponed until March 2020.

Khan al-Ahmar is one of more than 170 illegal outposts created by the P.A. and funded by the European Union for the sole purpose of establishing a corridor of P.A.-controlled territory disconnecting Jerusalem from the Jordan Valley and the Dead Sea. These outposts are populated by the most vulnerable, disadvantaged and easily manipulated Bedouin families, stateless pawns in the P.A.’s power play, and follow a very simple, very predictable pattern of development.

First, the P.A. places water tankers at strategic points: along major Israeli highways, on land belonging to or abutting existing Jewish communities, or along lines that create territorial contiguity between major Arab population clusters in Areas A and B of Judea and Samaria. Knowing that Bedouin require little more than a steady supply of water to congregate and remain in any particular spot in this arid region, the P.A. thus attracts the tribes to strategic locations, even when those locations pose serious hazards to the health and livelihood of the Bedouin.

The next step is the construction of a school. This, too, attracts population—and makes for devastating publicity if Israel’s Civil Administration knocks it down. From this point, the battle of narratives begins. The “village” quickly rises up, constructed almost entirely of prefab housing units bearing the symbol of the European Union. It is given a name and equipped with a fictitious history. An army of internationally financed “do-gooders” takes up the cause of the unfortunate Bedouin who are “threatened” with relocation by the Israeli authorities—to new, modern neighborhoods on Israeli state-owned land, along with cash payouts and other forms of compensation.

The P.A., the European Union and a host of “humanitarian aid” groups take to the High Court of Justice to block any and all compromise solutions, forcing the helpless Bedouin to remain in unbearable conditions in the illegal outposts, in the service of the P.A.’s geopolitical machinations.

More than a decade ago, Regavim began monitoring, mapping, reporting on and petitioning against Khan al-Ahmar and its sister outposts. It took years to force the Israeli government to take notice of the strategic nature of these seemingly innocuous Bedouin squatters camps, and even more years to convince the government to demand that the European Union stop funding this illegal activity.

After six rounds of Supreme Court petitions, each of which resulted in clearly worded decisions regarding the illegality of Khan al-Ahmar and the necessity to relocate the Bedouin families living there, the only thing standing in the way is the Israeli government. Regavim strenuously objects to the delay of the hearing on the government’s inaction.

“This is the sixth petition we have submitted in the matter of Khan al-Ahmar,” said Meir Deutsch, director general of Regavim. “The State of Israel should have cleared the encampment as far back as 2009, when the Supreme Court handed down its first decision on the matter. We believe that further procrastination eviscerates the ‘final’ judgment handed down by the High Court after the fourth round of hearings. The government’s behavior in this matter is an affront to the stature of the court and harms the national interest.”

One year ago, Netanyahu publicly declared that Khan al-Ahmar would be evacuated in a matter of days. Since then, every passing day is one more day of shame for the rule of law in Israel.