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.



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MOD PRIMED FOR POLITICAL BATTLE ON EVACUATION...
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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.


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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."

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