MEMORANDUM

To: Democratic Members of Congress

From: Mark Mellman, President, Democratic Majority for Israel
Re: Destruction of Encampment in Area C of the West Bank
Date: December 1, 2020
_________________________________________________________________

Recently, a number of Members wrote to Secretary Pompeo urging him to condemn the
“demolition of a Palestinian Bedouin community,” which they labeled “a violation of
international law” and “creeping annexation.”

In our view, there is nothing wrong with criticizing Israeli polices with which you
disagree. We too have issued such criticisms when we think they have been warranted,
just as we all take issue with polices of America’s current government.

And while people losing their homes is always heart wrenching, based on the letter’s
assertions, it seems that Members who signed it were importantly misinformed about
the circumstances surrounding this unfortunate event.

The issue requires a bit of historical context. The Oslo Agreements, signed by Prime
Minister Yitzhak Rabin and PLO Chairman Yasser Arafat, divided the West Bank into
three areas. Area A is under the full control of the Palestinian Authority. In Area B,
Israel controls security matters, while the Palestinian Authority runs the civilian
administration. Area C was designated for full Israeli control.

- The Khirbet Humsa encampment was located in Area C where Israel legally
exercises full civilian and security control, as per agreements signed by the PLO.

- The encampment was illegally placed in the midst of an area used by the Israeli
military for live fire exercises since 1972. Those living in the encampment knowingly
put themselves in danger.

- Those living in the encampment arrived about 8-10 years ago and have never had
ownership of the land on which they were residing.

- A total of 7 residential tents (according to the Israeli government, 11 according to

other sources) and 8 animal pens were demolished.

- As aerial and ground photos make clear, while the encampment is home to some, it
is not a “village” in any meaningful sense.

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 - When the Israeli military announced its intention to
remove the encampment from the live fire zone several
years ago, Palestinians living there took the government to
court, as they have every right to do. In other cases, Israeli
courts have stopped evacuations or demolitions in Area C.

- In this case, Israel’s Supreme Court ruled last year that:

“The land in question was declared a firing zone already
in 1972. Furthermore, there is no dispute that the
appellants do not have recognized property rights in these
areas. Essentially, the case involves squatters using the
land for shepherding purposes. It is undisputed that the
Israel Defense Forces undertakes training exercises on
these lands from time to time, and as a result, during the
training, the appellants, together with the residents, are
requested to vacate the area not only for security reasons,
but also for their personal safety. Moreover, building in
the area is not authorized and not legal”

In short, the government of Israel went through the legal

process over the course of several years, and in
accordance with a final Supreme Court decision, removed
illegally built structures from a live fire, military training
area that has been used for that purpose for nearly 50
years.

Perhaps it would have been better for the Israeli government to have refrained from taking this step, or taken it
differently, but attempting to label the removal of these 7 tents and 8 animal pens “illegal” or “creeping annexation”
or (as some have) “ethnic cleansing” reflects either ignorance of the facts or an intention to create hostility toward
Israel in spite of the facts.

All that said, while the issues here are difficult and complex, a negotiated two-state solution, which we strongly
support, would put an end to problems such as this.

However, as veteran diplomat, and President of the Council On Foreign Relations, Richard Haass wrote last month,
“Most Palestinians still seem unprepared to accept that the path to a state of their own does not run through the
Arab League or the United Nations or even Washington, DC, but rather through direct talks with Israel.”

We respectfully ask you to urge the Palestinian Authority to return to the negotiating table and accept a two-state
solution which they have repeatedly refused.