September 8, 2016 § 2 Comments
In 2011, the Israeli High Court ruled that Migron, an outpost in the West Bank built without government approval on private Palestinian land, had to be dismantled. After the government ignored the court order and instead worked out an agreement with Migron’s residents that delayed the evacuation, the court stepped in again and ordered Migron evacuated before the deadline that had been agreed upon with the settlers. The Israeli government complied, but rather than end the Migron experiment entirely, it simply moved Migron slightly to the south, where it would now sit on state land, and retroactively legalized its status.
Were Migron an isolated incident, it would be bad enough. But as the current fights over Amona and Netiv Ha’avot – two other unauthorized outposts ordered to be demolished by the High Court – make clear, the story of Migron is the rule rather than the exception. Just like with Migron, Amona is slated to be torn down at the end of the year but the government is planning on relocating it a few hundred yards away and retroactively approving it as an authorized settlement. The fight over Netiv Ha’avot is only just beginning as the High Court ruled last week that it had to be demolished and could not be retroactively legalized, but given the parade of ministers who vowed to prevent its destruction, there is no doubt Netiv Ha’avot will live on. It is critical to understand what is taking place in these unauthorized outposts and to recognize the “solutions” for just how damaging they are, since they are critical to a key talking point that Prime Minister Netanyahu uses when speaking to foreign audiences and point to just how malleable rule of law is within Israel.
While there is controversy over any and all Israeli settlement activity in the West Bank, Israel has attempted to deal with the contested legality of settlements in general by establishing rules and processes for determining when Israeli law deems a settlement legal or not. The two main components that a settlement requires to be legal in Israel’s eyes are government approval in a formal planning and authorization process, and being built on land that is not privately owned by Palestinians. The outposts, which number in the hundreds, violate both of these requirements, which is why the High Court continues to order their demolition. Yet, either because the orders are ignored, the state retroactively legalizes the construction, or the outposts are relocated to the closest parcel of state land, once an outpost goes up it almost never disappears. Even though outposts do not, by definition, have formal government approval, they are often supported by government officials and ministries.
Migron, for instance, was funded by the Housing Ministry at the behest of then-Minister Yair Rafaeli despite never having been formally approved or planned. The best way to understand how outposts get built, evade government efforts to tear them down, and manage to leverage political support and connections to tie up the bureaucracy and keep expanding, is not by reading the news but by reading Assaf Gavron’s 2014 novel The Hilltop, which is an engrossing work of fiction but also a cutting analysis of the dynamics that allow illegal outposts to thrive.
And as Isabel Kershner’s recent New York Times article on illegal outposts makes clear, they are indeed thriving, as the Israeli government retroactively legalizes them and does everything in its power under Israel’s legal system to let them stay. I am not someone who thinks that the presence of a few caravans on isolated hilltops makes it impossible to create a fair and contiguous Palestinian state, but I still think that the largest spotlight possible needs to be shined on this process for a variety of reasons.
First, one of Netanyahu’s favorite rhetorical devices is to note that Israel has not built any new settlements during his current run in the prime minister’s office. He uses this fact to shut down criticism of Israeli settlement activity and as proof that it is only the Palestinians, and not he, who are the real obstacles to achieving a two-state agreement, and when he trots it out before sympathetic or uninformed audiences, it is an effective trick. The trick is that while it is technically and narrowly correct, it ignores the fact that Israel under Netanyahu’s – and his predecessors’ – watch may not be authorizing brand new settlements, but the government doesn’t have to when it can just take the illegal ones that exist and make them legal. The more that interested observers get the sleight of hand at work, the less Netanyahu will be able to make unsubstantiated claims that muddy the waters.
Second, and more substantively important, the process of making illegal outposts legal is devastating to a two-state solution, not because the outposts themselves are such an obstacle but because they point to just how hard it will be for Israel to undertake the big moves that will be necessary down the road. If the government cannot commit to evacuating tens of settlers living in caravans and tents, what will happen when it agrees to evacuate thousands of settlers living in stone structures, like in Kdumim or Shilo or even Ariel? These outposts are a test of the government’s will, and it almost always fails the test miserably. If settlers can establish a community in contravention of Israeli law, clash with the IDF, repel government efforts to make them evacuate, refer to politicians and IDF commanders as Nazis, dictators, and enemies of Jews (all of which routinely happens), and still draw support from ministers and face little worse than having their homes picked up and relocated just yards away, then I wish the government good luck in working up the courage to move tens of thousands of settlers out of the West Bank who actually followed the rules.
Third, the process of dealing with illegal outposts shows how the rule of law in Israel can be more dependent on whom you are than on what you do. When Israeli Jews build illegally in the West Bank, the government has to be dragged kicking and screaming by NGOs who file lawsuits before it takes an action, and that action more often than not is to legalize what was illegal. When Palestinians build illegally in the West Bank – something that they are often forced into by circumstance as Israel issued only one building permit for Palestinians in Area C in 2014 and issued zero in 2015 – their homes are not retroactively legalized or relocated to Area B on the state’s dime, but are torn down. When Defense Minister Avigdor Lieberman announced that he was going to comply with the order to tear down Amona, he made sure to add that he was going to comply with the order to tear down the Palestinian village of Susya as well, which seems defensible on its face since the same rules should apply to everyone until you consider that Israel is going to rebuild Amona right next door while the residents of Susya are more likely going to have to fend for themselves.
In the greater scope of things, a tiny illegal outpost deep in the West Bank is irrelevant compared to the problems presented by places like Givat Hamatos or Givat Ze’ev, neighborhoods that do indeed make a contiguous Palestinian state with access to East Jerusalem overwhelmingly difficult. But these outposts matter because of what they say about the Israeli government and its willingness to give in to extremists and small interest groups at the slightest hint of political pressure. In many ways, as the fate of these outposts go, so goes the fate of the two-state solution.
January 14, 2013 § 2 Comments
We are only two weeks into the new year, but if these two weeks are any indication of what is yet to come, then 2013 is going to mark a large shift from 2012. If 2012 was dominated by talk of Iran, 2013 is going to be dominated by talk of settlements. While the constant worries over what the government would do about bombing Iran did not always resound to Israel’s benefit, it was a conversation that at least focused on Israel’s security and the proper response for Israel to take against threats from Iran. The conversation about settlements, however, is not one that is going to focus on threats to Israel or Israeli security, but rather on Israel’s problematic behavior in the West Bank, and it is an issue that is bound to be a losing one for Israel.
Much of last year was filled with speculation about whether Israel would strike Iran until Bibi Netanyahu put an end to that with his speech at the United Nations. Lots of ink was spilled both trying to predict what would happen and analyzing whether bombing Iranian nuclear facilities would be a smart move or not. All of this undoubtedly caused some degree of negativity toward Israel because many folks – including the bulk of the Israeli defense establishment – felt that bombing Iran would be reckless and unnecessary, and in the end this pressure was at least partially responsible for derailing Netanyahu’s evident plans to do just that. Nevertheless, keeping the focus of the discussion surrounding Israel on the potential bombing of Iranian nuclear sites was in other ways good strategy, which is why Netanyahu kept on stoking the fires. Yes, it entailed observers railing against Israel for contemplating setting the region on fire with a strike on Iran, but it also forced people to think about Israel’s security, the threats that it faces, and the virulent hatred of Israel and Jews – no, not Zionists, but Jews – expressed by the Iranian government.
When it comes to settlements, Israel gains no such benefits. Despite the fact that the Israeli government claims that settlements are a security issue, nobody really buys this excuse. A bunch of settlers armed with rifles along with their families are simply not going to serve as the last line of defense against a horde of Arab tank battalions rolling over the border from Jordan, not to mention that such an assault is not coming. 350,000 Israelis scattered around the West Bank are also not a defense against Palestinian rockets, which don’t come from the West Bank because Fatah is not yet in the rocket shooting business and because the IDF – rather than settlers – is also currently positioned to stop them. In the 21st century, the line that settlements are a defense against anything is just not credible or believable. When settlements become the main issue that people focus on when it comes to Israel, the spotlight is trained not on threats to Israel but on Israel’s treatment of the Palestinians and desire to hang on to the West Bank. Literally nothing good comes out of this conversation for Israel, and all it does is highlight the worst possible side of Israel and its government. For an extremely small subset of people it serves as a reminder that Israel has a strong historical and cultural heritage in the West Bank, which is after all the land of the Bible, but for most people it serves as a reminder that Israel is militarily occupying the West Bank and that this situation is looking more and more permanent every day.
The response to the Bab al-Shams outpost in E1 is a perfect example of why the Israeli government is destined to lose when the focus is all settlements, all the time. After the outpost was illegally erected, the government evicted the Palestinians who had set up camp there and claimed that this was a necessary security measure and that the area was now a closed military zone. Nobody really believes that this is a security issue, and the glaring double standard in which illegal Israeli outposts are left to stand for months and years or even retroactively legalized has been noted far and wide. The domestic politics aside, this is an unambiguous losing issue for Israel, but because it has proved an effective tactic for the Palestinians, it is guaranteed to play out over and over, with Israel looking increasingly inept and even foolish in the process.
Lest you think that settlements are not going to be the talk of 2013, just take a look around. Bab al-Shams and E1 have taken on a life of their own, Naftali Bennett and Habayit Hayehudi – advocating an annexation policy – are a near lock to be in the next coalition, future Likud MK Moshe Feiglin has called for paying Palestinians to leave the West Bank, a significant swathe of Likud MKs favor annexing Area C or permanently maintaining the current status quo, and settlements and the settlement budget are expanding rather than slowing down. The craziest part about this is that on the right there is a desire to have settlements become even more of an issue rather than tamp down the settlement talk, as they see it as good politics and as a way of putting a dagger through the heart of the peace process for good.
It doesn’t matter that settlements are not the original cause of Palestinian discontent, or that there are larger obstacles to an effective two-state solution. The focus on settlements is very bad for Israel, and the longer it goes on the worse off Israel becomes. This is not an issue of public relations but of policy, and the Israeli government needs to understand that sooner rather than later. 2013 is well on its way to being a year in which the world, American Jewry, and Western policymakers hear a lot more about Israel creating a situation in which there is no Palestinian map than about Iran threatening to wipe Israel off it.