HCJ 32416-10-25 Faraj et al. v. Military Commander in the West Bank et al.

Date of submission: October 20, 2025

In early December 2024, a group of Israelis established an unauthorized shepherding outpost deep within the agricultural lands of Silwad in Area C, far from any Israeli settlement. The outpost, built on privately owned land belonging to local Palestinian residents, expanded almost unchecked and now includes several shacks, tents, a water tower, and a flock of goats.

Since the outpost’s establishment, its occupants have subjected the owners of the plots on which it was built and adjacent plots to constant harassment and violence. Palestinians who have attempted to access their lands, where they cultivate fruit trees and seasonal crops, have suffered severe violence and threats from their new “neighbors,” including at gunpoint. The outpost settlers illegally fenced off private plots belonging to Palestinian residents, and later, an iron gate was installed on a nearby agricultural access path, completely blocking landowners from reaching their property without any security or legal justification.

The Israeli outpost residents have not stopped at denying access and erecting illegal structures. They graze their flocks on nearby agricultural plots, intentionally destroying Palestinian residents’ crops, and inflict severe violence on Palestinians, including physical assaults, vehicle arson, and property destruction. As a result, Palestinian families living near the outpost have been forced out of their homes, and their property was subsequently looted. Outpost residents have also taken over an adjacent plot located within an archaeological site containing relics of a Crusader fortress and ancient olive trees, where they engaged in digging. These criminal acts are met with inaction from law enforcement authorities and sometimes take place with protection from armed and uniformed individuals whose exact role, soldiers or members of an emergency response team, is unclear.

Shortly after the outpost’s establishment, Israeli authorities removed some of its structures in what appears to be a first and last attempt to maintain the appearance of rule of law. However, within 48 hours, settlers returned to the site in greater numbers than before, built new structures, and resettled. The attempt to remove the outpost was accompanied by violent incidents against Palestinian residents of the area.

In the months following the outpost’s establishment, local Palestinians continued trying to reach their plots but were repeatedly driven away by force, as settlers used severe violence, armed threats, arson, property theft, and damaged the power supply to Palestinian buildings near the outpost. As it became more established, the outpost turned into a launching pad for violence affecting the lives of many Palestinians over a wide radius, including those residing in Area B.

In February 2025, the landowners, through Yesh Din, approached the Military Commander in the West Bank, the head of the Civil Administration, and their legal advisors, demanding they exercise their enforcement powers to remove the violent outpost, but to no avail. Repeated appeals yielded no substantive response from the authorities, and the outpost continued to set roots.

In October 2025, after months of disregard and foot-dragging by Israeli authorities, the landowners filed a High Court petition with Yesh Din’s help, demanding that the military and Civil Administration exercise their authority to remove the outpost from their private lands, as well as the illegally installed gate, and take all necessary measures to halt the damage to the archaeological site.

The petition argues that the property, safety, freedom of movement and dignity of Silwad’s residents have been severely violated by the construction of the outpost on private lands, fencing off of plots, violent expulsions, and denial of access. These violations contravene local law, international law, and previous High Court rulings. The petition emphasizes that the military forces have not only failed to act to prevent the grave impingement on the rights of the local Palestinian residents but have, in fact, enabled it, both directly and indirectly, while ignoring a reality of daily violence and illegal construction.

The state was given 14 days to respond to the petition, but has since asked the court for extensions and has yet to submit a full response. Yesh Din, on behalf of the landowners, opposed the delay request, stressing that the military authorities have dragged their feet for months regarding the illegal gate installed on the land, and that, amid the olive harvest season, further extension would substantially interfere with the 2025 harvest.

With regard to the blocked access road, the state claimed that inquiries it made revealed that the gate, located in Area B, was neither installed nor approved by the military or the Civil Administration. The state further noted that a Civil Administration enforcement officer visited the site and placed a stop-work order on the gate, which the state claims marks the beginning of the planning enforcement process.

Petition status: pending