The illegal Bedouin outpost of Khan al Ahmar near Kfar Adumim

For the ninth time: the State of Israel asks the High Court to allow another postponement of its response to Regavim’s petition for the evacuation of the Palestinian Authority’s flagship outpost, Khan al Ahmar. Regavim: “A right-wing government is tested by deeds, not by words.”

The extension granted to the state four months ago to respond to Regavim Movement petition to relocate the Bedouin squatters of Khan al Ahmar ended today, and the state has requested an additional four-month extension to present its position.

“The political echelon remains steadfast in its position that the rule of law requires the demolition orders to be carried out in the Khan al Ahmar compound,” according to the state’s request, adding that in the weeks since the formation of the present government, the new head of the National Security Council, Tzachi Hanegavi, has been working in cooperation with the National Security Advisor, representatives of the Ministry of Defense, the IDF, the General Security Service (Shin Bet), the Ministries of Foreign Affairs and Justice, and other government representatives.

“The details of this intensive effort speak to the complexity, sensitivity and importance that state officials attach to compliance with the conditional orders already issued in this matter, as well as the fact that the issue is a high priority… On the other hand, given the complexity of the issue and its sensitivity, the high level of interest in the international community and the and implications for the foreign relations and security of the State of Israel at the present time, those charged with handling this case at the professional level have been instructed to complete all necessary steps required to formulate an appropriate response to the conditional order as soon as possible. The formulation of a detailed response on such a sensitive and complicated issue justifies the position of the political echelon that an additional stay be granted to enable the professionals to complete their work and to submit a comprehensive analysis to the political echelon.”

The Regavim Movement issued a strongly-worded statement criticizing the postponement request. “We were hoping for an appropriate response by a national right-wing government – as promised in the election campaign,” said Meir Deutsch, Director General of Regavim. “There is no justification for this. Like Cato in ancient Rome, we continue to repeat the same demand, to hold the same consistent position, to call upon our representatives in the government to act immediately to evacuate this illegal encampment – as well as dozens of other Palestinian Authority outposts created in the same mold – not 300 meters away from its present location, but to the neighborhood prepared precisely for this purpose near Abu Dis.”

Regavim responded to the state’s request for postponement by calling on the High Court to issue a final order, as it intimated it would when it granted the previous postponement, and put an end to the saga once and for all. “This is an extreme case of ‘lack of reasonableness’,” added Deutsch. “After all is said and done, this case will prove whether the High Court applies the same standard of reasonableness to cases from both sides of the political divide, or whether the reasonableness standard is nothing more than a judicial fig leaf for a particular agenda. We await a final judgement for the relocation of the Khan al Ahmar outpost in a manner that is consistent with Israel’s national interests.”

Interview: Regavim’s Naomi Kahn speaks to Kan English Radio about Khan al Ahmar postponement
Photo credit: Jerusalem Environs Forum

This morning (Monday), Likud MKs Danny Danon and Yoel (Yuli) Edelstein joined the Regvaim Movement and the Jerusalem Environs Forum – and faced by a pro-Palestinian demonstration. Regavim: “The question isn’t whether or not, but how and when the outpost will be evacuated.”

The deadline for the state’s response in the Khan al Ahmar case is rapidly approaching – and the political pressure is climbing. This morning (Monday), World Likud Chairman MK Danny Danon and Chairman of the Knesset Foreign Affairs and Defense Committee MK Yoel (Yuli) Edelstein were joined by Likud activists on a tour of Khan al Ahmar hosted by the Regavim Movement and the Forum for Jerusalem Satellite Communities. A group Palestinian Arab and leftist activists protested nearby, waving Palestinian flags.

Less than 2 weeks remain for the state to submit its response to the High Court of Justice in the sixth petition submitted by the Regavim Movement regarding the illegal outpost adjacent to Route 1, the main access road connecting Jerusalem to the Dead Sea and Israel’s eastern border. This most recent deadline marks the eighth time the state has delayed compliance. The fast-approaching deadline of 1 February is the ninth such extension granted by the High Court – which also declared that it would be the last.

MK Danny Danon: “I have come here today to strengthen our government as it prepares its response to the High Court regarding the evacuation of this site. Israel is a state governed by law and order, and we must not accept selective enforcement. Khan al Ahmar must be evacuated immediately. I am well acquainted with the international community. Our friends around the world will understand that there can be no place for selective enforcement that discriminates against Jews in Judea and Samaria.”

The illegal outpost of Khan al Ahmar next to Route 1, east of Jerusalem, September 2022

Meir Deutsch, Director General of Regavim: “The State of Israel must understand that this is a mega-issue that goes far beyond the Khan al Ahmar outpost. Our annual documentation and mapping of the illegal construction in Area C proves that in the past decade the Palestinian Authority has taken tremendous strides toward establishing a de facto state in the heart of the Land of Israel – and the government is simply closing its eyes to reality.”

“The new government must prove to the voters who elected them that it is a real Zionist nationalist government – and place the Battle for Area C at the top of the agenda. The question regarding Khan al Ahmar is no longer whether the outpost will be evacuated, but when and how.”

The illegal Bedouin outpost of Khan al Ahmar near Kfar Adumim

High Court issues conditional order: We are forced to move toward a conclusion in the matter of Khan al Ahmar

This evening (Sunday) the High Court of Justice issued a conditional order in the most recent round of the Khan al Ahmar case. Tonight’s order, giving the government 120 days to explain its failure to fulfill the three-year old commitment to enforce the law “in the near future,” follows the government’s most recent request for an additional postponement:

“In light of the frequent requests for extensions and postponements, some of which were justified but most of which were less so; and in light of the amount of time that this petition has been pending, nearly three years; and in light of the fact that this ‘saga’ has been unfolding since 2009 when demolition orders were issued … we are forced at this juncture to take a further step toward a conclusion, by issuing a conditional order.”

The Regavim Movement, petitioner in the ongoing battle over the illegal encampment in the Adumim region, reacted to the new order: “The fact that we have been forced to petition the High Court of Justice again and again in order to compel the government to enforce the law is bad enough. Even worse is the government repeatedly giving a commitment to the High Court that it will enforce the law – and then failing to do so. It is not the job of the judicial branch to bail the executive branch out of the mess it’s made.”

The illegal outpost of Khan al Ahmar near Kfar Adumim

Israeli government asks High Court for an additional 30 days in the Khan al Ahmar case “due to the Prime Minister’s intensive involvement in the military crisis in Europe.” Regavim: “We may petition for a summary judgement.”

This evening (Tuesday) the state’s attorney requested an additional 30-day extension, in order to enable “the most senior levels of government, particularly the Prime Minister, to weigh in on this matter.”

The government had been required to respond to Regavim’s most recent High Court of Justice petition no later than this past Sunday (6 March 2022), but as the deadline approached the state requested a 48-hour extension. As this extension runs out, the state has requested an additional postponement, this time for 30 days. The request, submitted in a deposition signed by the Director of the National Security Council Eyal Hulata, claimed that the reason for the latest request was “circumstances that have arisen in the sphere of international diplomacy, including the Prime Minister’s involvement in the European military crisis.”

The Regavim Movement reacted to this latest request for postponement: “To the best of our knowledge, Prime Minister Bennett has returned from his trip to Europe, and as far as excuses go, this one is exceptionally flimsy. We are considering requesting a summary judgement.”

The illegal outpost of Khan al Ahmar, next to Route 1

Regavim first petitioned the High Court of Justice over a decade ago for the evacuation of Khan al Ahmar, the illegal squatters’ camp encroaching on Route 1 and the Jewish community of Kfar Adumim.

This evening, Amit Segal reported on Channel 12 News that the Bennett-Lapid government intends to relocate the squatters a mere 300 meters (330 yards) away from their current location.

This hare-brained scheme, hatched by the Ministry of Defense, will turn the Palestinian Authority’s flagship outpost in Judea and Samaria into a permanent, recognized Palestinian settlement.

The PA targeted this point on the map precisely because of its critical strategic value as the link between Bethlehem, Ramallah and Jericho – an area where there is no Palestinian Arab presence. Enabling the takeover and de facto annexation of this strategic location will be a fiasco for the security and strategic integrity of the State of Israel.

The Israeli government invested millions, preparing an alternative location for relocation of Khan al Ahmar on Israeli state land in Jahalin West, but the relocation of the squatters has been stalled solely due to European pressure.

It is inconceivable that the very same members of this government who repeatedly attacked Netanyahu for his failure to evacuate the squatters of Khan al Ahmar are now responsible for this bizarre, pathetic alternative – one that is far worse in every way.

The planned relocation will do little to improve the lives of the squatters, but it will set a dangerous precedent of state-sanctioned annexation for the dozens of illegal squatters’ camps throughout the region that were established according to the Khan al Ahmar model.

Jahalin West: the relocation site that remains ready and waiting for the squatters of Khan al Ahmar

Recently, we went on a field tour of the Adumim region (E1) with Tribe Journal to see up close the illegal Arab takeover of the territory. Naomi Kahn, Director of Regavim’s International Division, explained how the Bedouin are being used as pawns by the Palestinian Authority to create facts on the ground, in accordance with the Fayyad plan.

Over a decade ago, then-Prime Minister of the Palestinian Authority Salam Fayyad outlined his vision for a future Palestinian state throughout Judea and Samaria. The strategic, meticulous, well-funded, EU-backed plan seeks to take control of Area C, the section of Judea and Samaria under Israeli jurisdiction, and unilaterally establish a de-facto Palestinian state.

Israeli governments have failed to offer an adequate response to this strategic threat. Through various activities, Regavim and others are working hard to change the tide and help the Israeli government begin to win the Battle for Area C.

Learn more in the video >>

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.”

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.”

High Court’s decision to allow the State an extension until 5 September

This afternoon (Wednesday) the High Court of Justice granted the government yet another extension, requiring a response to Regavim’s petition by 5 September 2021 – but stressed that this would be the last time.

The most recent round in the Khan al Ahmar case – the sixth petition by the Regavim Movement demanding the evacuation of the illegal squatters’ camp – follows more than a decade of legal ping-pong.

In 2018, the Israeli government gave a commitment to the High Court that Khan al Ahmar would be evacuated, but since that time the state has requested a number of extensions, citing a virtual laundry list of excuses.

Last week, the state’s lawyer requested yet another delay, claiming that the formation of a new government requires a re-evaluation of government policy regarding the illegal encampment on the Route 1 highway. This time, it appears that the High Court is losing patience; today’s decision granted a short extension but made it clear that this would be the last such delay.

“Like us, the High Court of Justice is fed up with the government’s “theater of the absurd,” said Meir Deutsch, Director General of Regavim. “The government’s ineffectual – even helpless – posture in the face of the illegal construction at Khan al Ahmar is emblematic of its weak-kneed stance against the Palestinian Authority’s strategic takeover of the open spaces of Judea and Samaria. We are gratified that even the High Court of Justice has grown weary of the government’s failure to enforce the law, to maintain order in areas under its jurisdiction, and to protect Israel’s national interests.”

Khan al Ahmar
Illegal outpost of Khan al Ahmar in the E1 Region, east of Jerusalem

Following Foreign Minister Yair Lapid’s announcement today (Sunday) that a formal request has been made to postpone the evacuation of Khan al Ahmar, Regavim calls upon Prime Minister Bennett: Pull yourself together and demonstrate who is really the head of this government. Evacuate Khan al Ahmar today.

Did someone say “government of change?”

In all of its recent campaigns, the Yemina Party and Prime Minister Bennett explained that Netanyahu had to be replaced in order to fight the Palestinian Authority’s takeover of Area C, to stop the loss of state land in the Negev to Bedouin squatters, to restore the rule of law to the Galilee, the Negev and Israel’s mixed cities – and yes, to evacuate the illegal outpost known as Khan al Ahmar.

The fact that Alternate Prime Minister Yair Lapid chose to release a media announcement specifically on Tisha B’Av, notifying the public that a request has been made to once again postpone the evacuation of the illegal encampment on Route 1 – despite the fact that the state’s attorney submitted a response to Regavim’s High Court of Justice petition last week, leaves little room for doubt: Lapid’s “political spin” – at Yemina’s expense –  is intended to prevent Bennett from  actually carrying out any of his campaign promises and political commitments -in the Negev, in the Galilee, and in Khan al Ahmar.

Bennett, it’s time to come to your senses and demonstrate that you are actually Prime Minister. Evacuate Khan al Ahmar today.

Roadside at Khan al Ahmar, taken from Route 1 on the way to Jerusalem