POLITICAL DECISION LACKING IN HEBRON SETTLER

C O N F I D E N T I A L TEL AVIV 001211 SIPDIS SIPDIS NSC WASHINGTON DC, NEA FOR FRONT OFFICE; NEA/IPA FOR WILLIAMS/SHAMPAINE/ROSENSTOCK/MAHER; NSC FOR ABRAMS/DORAN/WATERS E.O. 12958: DECL: 06/26/2016 TAGS: PREL PGOV KWBG IS SUBJECT: POLITICAL DECISION LACKING IN HEBRON SETTLER EVACUATION CLASSIFIED BY: AMBASSADOR RICHARD H. JONES FOR REASONS 1.4 (B) AND (D) ¶1. (C) SUMMARY: DESPITE THE MINISTRY OF DEFENSE'S (MOD) ASSERTION THAT THEY WILL EVACUATE THE NEWLY-ESTABLISHED HEBRON OUTPOST -- BET HASHALOM -- EMBASSY CONTACTS DOUBT THAT SUCH ACTION IS IMMINENT. BRIGADIER GENERAL (RES.) BARUCH SPIEGEL, FORMER ADVISOR TO DEFENSE MINISTER PERETZ, TOLD ECONCOUNS THAT PRIME MINISTER OLMERT'S OFFICE AND ATTORNEY GENERAL MENACHEM MAZUZ WOULD LIKELY PREVENT THE EVACUATION OF THE OUTPOST DESPITE THE MODS WILLINGNESS TO ADDRESS THE ISSUE. ACCORDING TO HAGIT OFRAN OF PEACE NOW, APPROXIMATELY 100-150 SETTLERS CURRENTLY LIVE AT BET HASHALOM. END SUMMARY. -------------- MOD PRIMED FOR POLITICAL BATTLE ON EVACUATION... -------------- ¶2. (C) MINISTRY OF DEFENSE (MOD) POLITICAL-MILITARY DIRECTOR AMOS GILAD TOLD THE AMBASSADOR ON APRIL 10 THAT PURSUANT TO DEFENSE MINISTER PERETZ'S ORDERS, THE MOD HAD ALREADY DRAWN UP PLANS TO EVACUATE SETTLERS FROM THE NEW HEBRON OUTPOST, BET HASHALOM. GILAD, HOWEVER, NOTED THAT THE EVACUATION OF THE SETTLERS REQUIRED BUY-IN FROM PRIME MINISTER OLMERT'S OFFICE, AND THOUGHT THAT OBTAINING THIS APPROVAL WOULD BE PROBLEMATIC. ¶3. (C) SENIOR MOD ADVISOR HAGGAI ALON (PROTECT) ALSO ASSERTED TO ECONCOUNS ON APRIL 13 THAT THE MOD WAS DETERMINED TO EVACUATE BET HASHALOM EVEN IF SUCH ACTION COULD LEAD TO A POLITICAL CRISIS IN ISRAEL. ALON STATED THAT THE MOD WAS "DEFINITELY GOING AFTER HEBRON, NO MATTER WHAT THE PRIME MINISTERS OFFICE SAID." HE ANTICIPATED THAT IF THE CASE WENT BEFORE THE SUPREME COURT AND WAS APPEALED BY SETTLERS, THE MOD COULD NOT TAKE ACTION AGAINST THE OUTPOST FOR APPROXIMATELY ONE MONTH. -------------- BUT EVACUATION UNLIKELY -------------- ¶4. (C) FORMER ADVISOR TO PERETZ, BRIGADIER GENERAL (RES.) BARUCH SPIEGEL, HOWEVER, CONCEDED TO ECONCOUNS THAT ALTHOUGH THE ISSUE OF BET HASHALOM'S EVACUATION COULD CREATE A POLITICAL CRISIS, THE COMBINED FORCE OF THE PRIME MINISTER'S OFFICE AND ATTORNEY GENERAL MENACHEM MAZUZ WOULD LIKELY PREVENT ANY ACTION TO EVACUATE THE OUTPOST. ATTORNEY TALIA SASSON ALSO TOLD ECONOFF ON APRIL 17 THAT THE GOI PROBABLY WOULD NOT EVACUATE BET HASHALOM. SASSON CITED THE GOI'S LACK OF ACTION TO DISMANTLE THE ILLEGALLY ESTABLISHED OUTPOSTS IDENTIFIED IN HER 2005 REPORT -- A REPORT COMMISSIONED BY THEN PRIME MINISTER SHARON'S OFFICE -- AS EVIDENCE OF THE GOIS LACK OF POLITICAL WILL TO ADDRESS THE GROWING PROBLEM OF ILLEGAL SETTLER ACTIONS. ISRAELI PRESS REPORTS SPECULATE THAT OLMERT WOULD PREFER TO STALL ON EVACUATING THE OUTPOST UNTIL AFTER THE MAY 28 LABOR PRIMARY, AFTER WHICH IT IS PROBABLE THAT PERETZ WILL GIVE-UP THE POST OF DEFENSE MINISTER. -------------- UNAUTHORIZED = ILLEGAL -------------- ¶5. (C) ALTHOUGH THE GOI CANNOT MONITOR EVERY ISRAELI PRIVATE PROPERTY TRANSACTION IN THE WEST BANK, CIVIL ADMINISTRATION ORDER 1967-25 STATED THAT ANY REAL ESTATE TRANSACTION IN THE WEST BANK REQUIRED THE APPROVAL OF THE HEAD OF THE CIVIL ADMINISTRATION, ACCORDING TO SASSON. DESPITE CLAIMS BY BET HASHALOM SETTLERS OF LEGITIMATELY PURCHASING THE EMPTY HEBRON BUILDING FROM ITS PALESTINIAN OWNER, GILAD TOLD THE AMBASSADOR THAT THE ACQUISITION OF THE STRUCTURE WAS TECHNICALLY ILLEGAL SINCE THE SETTLERS HAD NOT SOUGHT THE PROPER APPROVALS FROM THE CIVIL ADMINISTRATION. ALON CONFIRMED TO ECONCOUNS THAT MGEN YOUSSEF MISLEV, HEAD OF COGAT (COORDINATOR OF GOVERNMENT ACTIVITIES IN THE TERRITORIES),WAS UNAWARE OF THE SETTLER'S ACQUISITION OF THE BUILDING PRIOR TO ITS TAKEOVER ON MARCH 19. ¶6. (C) ACQUISITION OF WEST BANK LAND BY ISRAELIS REQUIRE APPROVAL BY THE DEFENSE MINISTER. REAL ESTATE TRANSACTIONS -- SUCH AS HOUSES OR BUILDINGS -- REQUIRE, AT THE VERY LEAST, APPROVAL BY THE HEAD OF THE CIVIL ADMINISTRATION, ACCORDING TO SASSON. MOD CONTACTS HAVE ASSURED EMBOFFS THAT IT IS UNLIKELY THAT PERETZ APPROVED, MUCH LESS KNEW ABOUT THE SALE OF THE BUILDING. BET HASHALOM SETTLERS ALSO HAVE NOT CLAIMED EVACUATION THAT THEY OBTAINED THE NECESSARY MOD AUTHORIZATIONS TO PURCHASE AND OCCUPY THE EMPTY PALESTINIAN BUILDING. WITHOUT THESE AUTHORIZATIONS, EXPLAINED SASSON, THE IDF NEVER SHOULD HAVE ALLOWED SETTLERS INTO THE BUILDING. ¶7. (C) APPROXIMATELY 100-150 SETTLERS CURRENTLY LIVE IN THE 3,500 SQUARE METER (37,674 SQUARE FEET) BUILDING, WHERE INFRASTRUCTURE WORK FOR WATER AND ELECTRICITY IS ONGOING, ACCORDING TO PEACE NOW'S HAGIT OFRAN. THE SITE OF THE BUILDING STRATEGICALLY CONNECTS THE SETTLEMENT OF QIRYAT ARBA -- LOCATED IMMEDIATELY EAST OF HEBRON -- AND OTHER SETTLER-HELD PROPERTIES INSIDE THE CITY. THIS IS A LINK SETTLERS HAVE UNSUCCESSFULLY TRIED TO ESTABLISH IN THE PAST. MOREOVER, THE LOCATION OF THE BUILDING ESTABLISHES A NEW, UNCONNECTED ISRAELI PRESENCE IN A SECTION OF HEBRON WHERE ONE DID NOT PREVIOUSLY EXIST. IN OFRAN'S VIEW, IF THESE SETTLERS ARE ALLOWED TO REMAIN AT THIS SITE, THEIR PRESENCE WILL GREATLY EXPAND THE SETTLER FOOTPRINT IN HEBRON. ACCORDING TO PEACE NOW, SETTLERS HAVE OPENLY BOASTED ON THEIR WEBSITE THAT ACQUISITION OF THIS BUILDING IS A "TREMENDOUS ASSET, WHICH MARKS ANOTHER STEP IN THE RENEWAL OF THE JEWISH COMMUNITY IN HEBRON." ********************************************* ******************** VISIT EMBASSY TEL AVIV'S CLASSIFIED WEBSITE: HTTP://WWW.STATE.SGOV.GOV/P/NEA/TELAVIV YOU CAN ALSO ACCESS THIS SITE THROUGH THE STATE DEPARTMENTS CLASSIFIED SIPRNET WEBSITE. ********************************************* ******************** JONES