A definite gain of Israel’s new settlement policy is that it seems to have taken the settlement issue off the boil not just with the Trump administration but also with other friendly foreign governments. Among the losses, thanks to the Judea and Samaria Settlement Regulation Law, is UN Security Council Resolution 2334 of December 23, 2016, which vehemently denounced all Israeli settlement activity.
During March 2017, a delegation appointed by Israel’s Prime Minister Binyamin Netanyahu held lengthy discussions in Washington with the Trump administration over construction in the Israeli settlements in Judea and Samaria (aka the “West Bank”). No summary of those discussions was published, but on March 30 the security cabinet of the Israeli government informed the media that it had drawn up guidelines limiting further construction. Now, however, Israeli Defense Minister Avigdor Lieberman — who has direct responsibility for approving all such construction plans — has confirmed that “Israel is coordinating its settlement construction with the White House.”
He specified that “while coordination is not happening on the level of every ’10 [houses],’ there is general understanding between Jerusalem and Washington about acceptable levels of construction in the West Bank.” This would explain why, whereas under the Obama administration any Israeli announcement about even a small number of housing units would provoke ritual squeaks of protest from U.S. officials, the recent announcements of larger numbers have escaped loud censure.
It should be noted that such announcements commonly give an exaggerated impression of the scale of construction. This is because Israeli urban planning involves a series of stages of approval before actual construction goes ahead. Thus the most recent announcement, billed as “building at the highest level since 1992,” aggregates plans at various stages of approval, some of which were included in earlier announcements. To add together all such figures over a long period would therefore be mistaken because of multiple counting of the same individual housing units.
The new settlement policy was released to various media, such as here, where it is stated:
“Israel, according to the security cabinet decision, will — as much as possible — only permit building within the existing construction lines of the settlements… In areas where this is not possible because there is no more available land inside the settlements, construction will take place close to the existing construction line. Where this too is impossible because of issues of land ownership, or security or topographic considerations, Israel will build as close to the existing settlement as possible… Israel also committed itself not to permit the establishment of new wildcat outposts.”
Several comments are in order. First, this is more or less what all Israeli governments did after the signing of the “Oslo Accords” of 1993 and 1995 and up to the middle of 2016. Second, the details are spelled out far more minutely than in any previous Israeli official statement. Third, the decision applies equally to all settlements whatsoever, whereas previous discussions might distinguish between settlements within or beyond Israel’s security barrier or between the main “settlement blocks” and “outlying settlements.” (Even the two major opposition parties in the Israeli parliament — the Labor Party and Yesh Atid — agree with the government that the settlement blocks should be kept by Israel in any final agreement with the Palestinians.)
On the other hand, two recent exceptions to that policy will be retained. One is the proposed construction of Amihai. This is an entirely new settlement, the first since 1992; it is to be inhabited by the 40 families expelled on February 1-2, 2017 from Amona, the wildcat outpost that they had set up back in 1995 without government permission and on land privately owned by Palestinians. (The expulsion was long delayed for various reasons, most recently because the settlers produced documents of purchase of the land, which were proven false in 2014.) The construction of Amihai was ratified by the security cabinet at the same meeting on March 30, but because Netanyahu had promised the settlers a new settlement at the time of their evacuation it was treated as a matter that preceded the discussions with the Trump administration. (The name “Amihai” itself was coined by the settlers only in May 2017.)
The other exception is the so-called “Judea and Samaria Settlement Regulation Law,” passed by the Israeli parliament on February 4, 2017 after long discussions that started in mid-2016 and that were provoked precisely by the case of Amona. The law addresses land occupied by settlers either within or outside officially created settlements, but which was subsequently found to be privately owned by Palestinians. As far back as 1979, Israel’s Supreme Court ruled that settlements could not be built on such land. The law seeks to permit compulsory acquisition of the land while compensating the owners (either financially or with state land elsewhere) if occupation of the land occurred “in good faith” (i.e., without prior knowledge of Palestinian ownership) or if the Israeli state had de facto assisted the occupation (e.g., by connecting buildings to the water or electricity grid). It is widely expected that the law itself will be struck down by the Supreme Court.