Illegal construction on IDF Training Ground 918

A new Regavim petition to the High Court of Justice has exposed an illegal internal protocol created by the Civil Administration, an arm of the Ministry of Defense. The very people in charge of enforcement are aiding and encouraging illegal construction!

Let’s say theres an illegal structure built by an Arab in Area C, which is under Israeli jurisdiction. The construction offender receives a demolition order. But instead of actually demolishing the illegal structure, the State of Israel, via the Civil Administration, allows the criminal to launch a bureaucratic cat-and-mouse game. By simply applying for a building permit, submitting an appeal when the permit request is denied, applying for a ‘taba’ (urban planning permit), and even an “exemption from enforcement” – the offender enjoys blanket protection against enforcement for years on end – even though this protection has no basis in the law. As crazy as that sounds, it’s standard procedure.

Each request, no matter how ridiculous, automatically suspends enforcement, and pushes off the structure’s demolition by two or three years. By then, another planning request is submitted, enforcement is again suspended, and so on. Once the process finally runs it’s course, the structure is considered “old construction” – which doesn’t interest anyone, certainly not the Civil Administration’s enforcement officers.

The legal departments of Israel’s security establishment are responsible for this procedural protocol – which is aiding and abetting the creation of a terrorist state in the heart of the Land of Israel. The Palestinian Authority learned and mastered the game ages ago, and continues to build rapidly, illegally, and strategically, all the while flooding the system with nonsensical, futile permit requests in order to delay and eventually prevent enforcement.

Watch this video, and see how the Civil Administration has stacked the deck and undermined the law.

We pressed, we demanded, we didn’t give up – and the dangerous structure at Yakir junction was torn down!

At the beginning of August, we noticed Arab residents of Judea and Samaria building a structure near the Yakir junction, without the necessary permits. Over the years, shops were built illegally, one after another, next to the main road, leading to traffic accidents going in and out of the junction.

Thanks to Regavim’s intensive pressure on the authorities and the local councils, Civil Administration inspectors came to knock down the structure this week.

This is a chance to commend the Civil Administration for their efforts. However, it’s worth remembering that had enforcement steps been taken on time, the structure wouldn’t have been built in the first place.

We hope that enforcement will be even more effective and swift in the future.

A screenshot of the Kisan village’s Facebook page that notes Swiss involvement in the construction of an illegal school

In early September, there was a special celebration in the village of Kisan in eastern Gush Etzion in honor of the opening of a new school. But, as we told you before, the school was built without permits by the Palestinian Authority.

The construction period was short, and lasted just over a year. As soon as construction started, we sent urgent letters to the Civil Administration and the other Israeli authorities to stop yet another land grab. But that didn’t help. So we went to the Jerusalem District Court, although our petition was rejected because of the State’s promise in the court hearing to enforce the law at site.

But, of course, the law wasn’t enforced, and the school began to function in September 2020. Immediately, we petitioned the Court (again) to request an interim order that would prevent the opening of the school, but the Court didn’t comply with our request. And now, a year later, the illegal school in Kisan celebrates the Israeli authorities’ failure.

And it’s important to mention a line published on the village’s Facebook page: “It’s worth noting that the Kisan school project was funded by the Swiss Agency for Development and Cooperation (SDC)”. That’s right, the famously ‘neutral’ Switzerland, that claims not to take any side in any conflict, is defying Israeli law, the European Union charter, and international law. The Swiss government is aiding the Palestinian Authority’s plan to establish a de-facto state in a territory that belongs to Israel according to international agreements.

For years, we’ve been protesting against the gross intervention of European governments in Area C. And for years, the State of Israel has decided to shut its eyes and ears as it squanders state lands. This is a major disgrace – in every sense.

Regavim: Protecting Israel’s Resources, Preserving Israeli Sovereignty

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.”

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!

In June, we told our followers on social media about a massive industrial structure that was built illegally next to the village of Kifl Haris in central Samaria. The structure poses a safety threat to drivers on Route 5, the highway that connects the Jordan Valley to Israel’s center and Gush Dan.

We approached the Civil Administration twice to urgently demand enforcement steps against the structure and its builders. As you probably guessed, on both occasions we received the classic response: enforcement would be carried out “in accordance with established enforcement priorities”.

However, the criminals weren’t interested in the CA’s “enforcement priorities” and finished the construction within six months. The industrial structure sprawls over 4.5 dunams (!), and has been hooked up to electricity. The whole area around it was paved with asphalt, and more surrounding structures are under construction.

Last week, we came to check out the situation on the ground and found that Civil Administration officials had hung up Stop Work Orders on the structure. Right after construction was completed!

We have a request for the Civil Administration and Defense Minister Benny Gantz: explain what on earth you were thinking! Why put up Stop Work Orders on a structure where work has already finished?!

Regavim is considering its next steps. We can’t be sure that the CA will enforce anything, so we may have to file a petition with the Courts. Maybe then the “enforcement authorities” would be forced to awaken from their slumber.

The enormous illegal structure

Illegal construction has plagued the area of Yakir, an Israeli community in Samaria, and the junction near its entrance. We know about it all too well, as does the Civil Administration. Down the years, shops have been built illegally, one after another, next to the main road, leading to traffic accidents going in and out of the junction.

In recent weeks, we noticed that Arab residents from nearby towns began building another structure without permits. Not only is the structure in Area C, the section of Judea and Samaria under full Israeli jurisdiction, it’s also in a ‘no-construction zone’, where construction of all sorts is not allowed.

But this isn’t about one structure. Over three years ago, we approached the Civil Administration a number of times about the widespread phenomenon of illegal businesses at the junction, and we even went to the High Court of Justice. Unfortunately, the High Court decided not to intervene in the CA’s decisions, and no proper enforcement was carried out on the ground. Occasionally, there were minor demolitions, but the shops quickly re-opened.

A drone image of the junction near Yakir in Samaria

It’s safe to say that the Civil Administration hasn’t managed to create enough of a deterrent against illegal construction in the area. Construction criminals have added more and more structures, in total disregard of the CA and the Israeli authorities.

Now, we’ve headed back to the Civil Administration – this time regarding the new structure. We’ve demanded the use of an “Order for Demolition of New Structures”, as per legislation from 2018 that was approved by the High Court in recent rulings. The legislation empowers the demolition of new, illegal structures in Judea and Samaria within 96 hours.

We’ve yet to receive an answer from the CA. This case will test whether the CA turns a blind eye to law enforcement even in such extreme and dangerous circumstances.

We’ll keep you posted.

Illegal construction in Duma, not far from Shechem

We’ve often mentioned the “Order for Demolition of New Structures” – legislation from 2018 that was approved by the High Court in recent rulings. On paper, the legislation empowers the demolition of new, illegal structures in Judea and Samaria within 96 hours.

However, since the legislation was passed, the Civil Administration has rarely used the enforcement tool – despite the widespread problem of mass illegal construction.

Regavim has filed a number of District Court petitions to force the Civil Administration to apply the legislation. In these court hearings, State Attorney representatives explained that the District Court has no right to judge cases involving the “Order for Demolition of New Structures”, and that these cases must go to the High Court of Justice.

So we acted in line with this standpoint, and recently we petitioned the High Court about the huge take-over of land in the Arab village of Duma. We demanded that the High Court judges instruct the Civil Administration to issue the Order.

But now the State Attorney representatives have asked to reject our petition on the basis that the authority to hear cases lies with… the District Court!

We’re confused. One moment, the State Attorney says that these cases must be heard in the High Court; the next moment, they say it’s the District Court.

As you probably assumed, while the Courts play a game of ping-pong, the residents of Duma continue their charge toward more land grabs. Recently, they even fully paved a new “road” without permission, as part of the #BattleforAreaC.

Regavim has submitted a harsh response to the Court, calling for the judiciary not to allow the Civil Administration and the State Attorney’s Office to turn the rule of law into a joke. We’ve demanded that the High Court of Justice uses its power and authority to instruct the CA to put an immediate halt to illegal construction projects in Duma.

Regavim: Protecting Israel’s Resources, Preserving Israeli Sovereignty

Illegal structure near Duma

When you repeat a lie so many times, it becomes the accepted truth. That’s a tactic the international media and left-wing NGOs have been implementing in the last few days. They’ve been making a lot of noise about a Bedouin ‘village’ in the Jordan Valley that was torn down by Israel — again.

For the sixth time in a year, a number of tents and pens in so-called Khirbet Humsa were removed by the Civil Administration last week, setting the Pallywood machine into full motion, as customary. Israel was portrayed as the evil oppressor that denies poor Bedouin a life of safety and security, blah blah.

But the story is a little more complex.

In an area that has been an active IDF live-fire zone since 1972, Bedouins set up camp in 2010. To prevent their removal from the site, the Bedouins appealed three times (in April & July 2011, and in November 2014) to the High Court of Justice. Each time, the appellants invoked a new excuse – Ramadan, the weather, who knows what – to try to cling onto the land. The appeals were all rejected, and the illegal outpost has been dismantled and re-erected a number of times since the High Court rulings. Anti-Israel groups, foreign media outlets and governments are loving it.

Yet as our satellite images show, in 2008 there was nothing there! In 2013, an image of the same point shows only one structure, and in 2019 there were already a number of EU-funded structures.

It’s a game. The IDF removes the structures, left-wing “human rights” activists come along with their cameras, and then PA officials come to rebuild the “structures” (more like tents). In the meantime, the vulnerable population that lives there is being exploited cynically by the PA. The Palestinian Authority would serve these people better by enabling them to live somewhere legal, somewhere no Israeli permits are required, such as the 63% of Areas A and B that are completely empty and available for whatever use they choose.

But no. Because this is a political issue.

Bedouin are sent to seize strategic locations in Judea and Samaria, lured by various benefits, often placed in tough and dangerous conditions. It’s a win-win situation for the PA. If the Bedouin manage to consolidate their settlement, it’s a successful land grab! And if they’re kicked out by Israel – false narratives can be peddled through the international media, and Israel can be painted as the evil denier of rights, etc.

Don’t fall prey to the Palestinians’ propaganda. Please help us get the truth out. We don’t expect anti-Semites to be convinced by facts, but regular, fair-minded, truth-seeking people around the world deserve to know the full facts and history. Share this article.

Up close: The illegal school next to the Herodion

For over three years, Regavim has been involved in a legal battle over an illegal school built right next to the Herodion, probably one of Israel’s most important historical sites.  

Back in 2018, we petitioned the High Court of Justice against the Civil Administration as the new school was allowed to spring up without permits. A demolition order had been issued, but the Civil Administration took no steps to enforce it. Our petition was rejected because the State had reached an agreement with the construction criminal whereby he would submit a permit request to the Planning and Authorization Subcommittee.    

After his request was dismissed, he petitioned the Jerusalem District Court to protest the decision. The Court issued a temporary order to instruct that until a different decision is reached in this case, the Civil Administration would not take enforcement steps against the structure.    

Since our 2018 petition was rejected, we consistently questioned the Civil Administration to clarify where the school’s planning and administrative procedures stood. Occasionally, we received partial updates about the legal status of the school.    

In March this year, the Civil Administration responded that indeed the permit request submitted by the construction criminal was rejected, yet they are unable to tear down the school because of the temporary order from the District Court.    

However, the Civil Administration is simply not telling the truth.    

We checked and found that the construction criminal’s petition had already been dismissed, along with the temporary order that had been cancelled, ten days before the Civil Administration’s response. It turns out that there was no legal obstacle in the way of exercising the demolition orders! The Civil Administration didn’t mention this important fact, nor did it take any practical action.    

Now, with legal procedures exhausted, we demand that the Civil Administration act immediately to carry out the demolition order against the school – which has expanded over the last year.    

The Civil Administration must prove that it is committed to the rule of law and to the protection of important heritage sites that belong to the State of Israel. No more excuses!