Israel High Court orders criminal probe into settlement leaders over illegal outposts

The Israel High Court of Justice yesterday ordered the police to launch a criminal investigation into whether Jewish settlement leaders from the Mateh Binyamin Regional Council and the Karnei Shomron Local Council illegally facilitated the construction of unauthorised settlement outposts.

According to the Times of Israel, the ruling follows a series of petitions filed over the past seven years by Peace Now, which monitors settlement activity. The group had repeatedly urged legal action due to lack of enforcement from Israeli authorities.

Israeli settlement councils have supported unauthorised outposts for years, even though such activities are considered illegal, even in the occupation state, without formal government approval. The international community, including the UN, considers all settlements and outposts illegal under international law. The UN has repeatedly warned that continued settlement expansion threatens the viability of a two-state solution to the Israeli-Palestinian conflict. In July last year the International Court of Justice ruled that the occupation is “illegal” and should be dismantled as soon as possible.

Peace Now welcomed the High Court’s decision, emphasising the importance of criminal investigations to curb illegal outpost construction and prompt settlement leaders to “reconsider breaking the law.”

In 2017, Peace Now published a report titled Unravelling the Mechanism Behind Illegal Outposts, which outlined how unauthorised settlement outposts are established. The report highlighted the role of local Israeli municipal authorities, non-governmental organisations, and the failure of law enforcement to intervene.

Following the report, Peace Now presented evidence to the Israeli police and the State Attorney’s Office, urging investigations into specific outposts. When no action was taken, the organisation filed its first High Court petition in 2018 against the Israeli police, Attorney General’s Office, State Attorney’s Office, and the Amana settlement construction group.

The petitions specifically addressed illegal activities at the Shvut Rachel and Haroeh outposts within the Mateh Binyamin Regional Council and Alonei Shiloh under the Karnei Shomron Local Council.

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Peace Now accused Israeli officials from the Mateh Binyamin Regional Council and the Karnei Shomron Local Council of unlawfully aiding the establishment of unauthorised settlement outposts by “exploiting public resources and funds to create political and security facts on the ground.” The group asserted in its petitions that these Israeli settlement leaders provided infrastructure, administrative and bureaucratic support to facilitate the construction of the illegal outposts.

In response to the petitions, the High Court of Justice highlighted that the State Attorney’s Office had informed the court in December 2024 that the allegations had been transferred to the Judea and Samaria District police for investigation. The court formalised this as a binding ruling, making it a legal obligation for the police to conduct the investigation.

Following yesterday’s ruling, Peace Now emphasised the importance of accountability. “For too long, settler leaders have acted with impunity, exploiting public funds to entrench facts on the ground that impose political and security costs on all of Israeli society,” said the NGO. “Opening an investigation is a critical first step in tackling this phenomenon. It is time for settler leaders to reconsider before breaking the law and using public resources to further entrench the occupation, deepening the conflict and moving Israel further away from peace.”

While acknowledging that the Israeli police might close the investigations, Peace Now vowed to monitor the process by requesting access to investigative materials to ensure that a thorough and genuine inquiry is conducted.

The number of settlers in the occupied West Bank, including occupied Jerusalem, has surged to more than 750,000 residing in more than 170 settlements, in addition to hundreds of outposts. Settlements in the occupied Palestinian territories have witnessed a significant upsurge since the latest Israeli government of Prime Minister Benjamin Netanyahu came to power in December 2022.

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