A/HRC/37/43
jurisdiction of Jerusalem Municipality as “sub-municipalities”. The bill would also extend
the status of sub-municipalities to the Palestinian neighbourhoods of Shu’fat Refugee
Camp, Anata and Kufr Aqab, all part of the Jerusalem Municipality but located beyond the
wall. Discussion of the bill by the Government was blocked by the Prime Minister in
October 2017, citing the need to maintain “coordination” with the United States of
America.8 If passed into law, it would not only effectively change the demographic balance
in the Municipality of Jerusalem in favour of a Jewish majority, but also amount to a de
facto annexation of some of the largest settlements in the West Bank.9
2.
Hebron
12.
On 31 August 2017, Israel issued military order No. 1789 establishing a “civil
services administration” for settlements in the area of Hebron under Israeli control, H2. By
upgrading the status of settlements, the order confers legal personality to the new
administration and specific powers, such as the power to purchase and renovate property,
provide municipal services, and legally represent the settlers. This amounts to a
consolidation of the settler presence in Hebron, in violation of international humanitarian
law.10
13.
Impediments to Palestinians’ freedom of movement were further consolidated in the
H2 area of Hebron with the addition of new closures and the fortification of existing
checkpoints. This has led to a sharp deterioration in the living conditions and an increased
coercive environment for affected Palestinians in the H2 area of Hebron (A/71/355, para.
25). According to information gathered by OHCHR, at least three families (18 people) have
left since May 2017 because of the coercive factors in the area (A/71/355, paras. 60-64).
14.
On 26 July 2017, settlers moved into the second and third floors of a house
belonging to the Abu Rajab family, in the H2 area of Hebron. In 2012 and 2013, other
settlers had taken over parts of the house, claiming that a settler-run estate company had
purchased them. At the time, the High Court of Justice had ordered the prompt evacuation
of the settlers, on the grounds that ownership deliberations were ongoing. On 27 August
2017, the Court decided that the presence of the settlers in the house was illegal and that
they should be evicted. On 3 September 2017, however, the Supreme Court suspended the
eviction order until further notice. Since the house has been occupied by settlers, the area
witnessed an intensification in the presence of Israeli security forces and settlers, and of
related violence (see para. 22 below).
3.
Regularization of outposts
15.
On 22 October 2017, the High Court of Justice confirmed a 2016 ruling that 15
settlement units in the outpost of Netiv Ha’avot in Gush Etzion, built on private Palestinian
land, had to be demolished. The State of Israel intends to legalize under national law 43
units in the outpost, built without the State’s approval but on State land (see para. 22
below). A new outpost was created outside Halamish settlement a few days after a
Palestinian killed three Israelis in the settlement, on 21 July 2017, but it was later
dismantled.11
16.
No outposts were legalized during the period under review. Israel last legalized an
outpost in May 2014. In February 2017, however, the Knesset adopted the so-called
“regularization law”, which could allow for the retroactive legalization of outposts built on
private Palestinian land. If implemented, the law would apply to more than half of existing
Israeli outposts and approximately 3,000 additional housing units built illegally within
existing settlements (A/72/564, paras.14-15). As at November 2017, the law had yet to be
8
9
10
11
4
Becca Noy, “Pressure from Washington behind Greater Jerusalem bill vote delay”, Jerusalem on
Line, 29 October 2017.
See also Nir Hasson and Jonathan Lis. “Israeli minister to push plan aimed at reducing number of
Arabs in Jerusalem”, Haaretz, 29 October 2017.
Fourth Geneva Convention, art. 49.
Jacob Magid, “Work starts on new outpost outside Halamish after deadly terror attack”, Times of
Israel, 23 July 2017.
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