Israel's top court rules to legalise settlement outpost in West Bank

The Israeli Supreme Court has cleared the way for Jewish settlers living in an illegal outpost built on Palestinian land in the occupied West Bank to continue living in them, overturning an earlier eviction order that determined the outpost had been built improperly.

In their decision, a panel of judges found that though the Mitzpe Kramim outpost was built on privately owned Palestinian land, it had been allocated to the settlers in “good faith” by the Israeli government. Therefore, the 40 Jewish families living there remain, the judges said.

Israel's Supreme Court held today that settlers in an outpost (illegal even under Israeli law) can stay in the stolen homes built on privately owned Palestinian land. Why? Because they claim the settlers and the government official who gave them the land did so in "good faith."

— Yeshayahu Leibowitz stan account (@leibowitzadak) July 27, 2022

Outposts are built by Israeli settlers in the West Bank without government authorisation, which are often turned into settlements. Both settlements and outposts are viewed as illegal by the international community. 

Palestinians and human rights groups fear this could set a precedent for future disputes over Jewish settlements built on privately owned Palestinian land.

Peace Now, an Israeli rights organisation, called the ruling an “absurd decision.” According to the group, an estimated 150 unauthorized settlements dot the West Bank. Peace Now fears that Wednesday’s decision could open the floodgates for more similar rulings.

“These outposts in the future might be recognized by Israeli law,” said Mauricio Lapchik, a Peace Now spokesman. “This is the biggest danger.”

Israel has occupied the West Bank illegally since 1967, and commits various abuses against Palestinian civilians, as documented by numerous human rights groups.

More than 600,000 Jewish Israelis live in settlements in the occupied West Bank and East Jerusalem, in constructions considered illegal under international law.

In 2018, the Jerusalem District Court issued a decision legalizing Mitzpe Kramim, saying the settlers who purchased the land acted in “good faith” and were unaware they were building on privately owned Palestinian property.

That ruling was appealed to Israel’s Supreme Court, which ordered residents of Mitze Kramim to be evacuated. Wednesday's decision by a larger panel allows settlers to remain there.