Palestinian Hebron to appeal Israel's decision to strip urban planning powers

The Palestinian municipality of Hebron announced it will appeal a recent decision by Israel's Civil Administration's Higher Planning Council that removes its authority over new construction and urban planning in areas inhabited by Jewish populations and at holy sites. These sites are significant to both Islam and Judaism.

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We consider that there is legal basis to file an administrative/judicial petition against the decision, requesting a provisional or precautionary order to prevent its implementation or use for the issuance of permits and the advancement of new plans until the petition is resolved.

Hebron's municipality stated its belief in having legal grounds to file an administrative/judicial petition against the decision. They are seeking a provisional order to halt its implementation or use for permit issuance and new plan approvals until the petition is resolved. The decision, formalized a week prior, grants Israel the power to issue new building permits in the Jewish sections of the city and potentially expand settlements within Hebron's municipal territory without Palestinian oversight.

This move is particularly significant as it places the urban planning and management of Hebron's main holy sites, the Tomb of the Patriarchs for Jews and the Ibrahimi Mosque for Muslims, entirely under Israeli control for the first time since the 1997 Hebron Protocol. According to meeting minutes, Israel will now "assume all planning and construction powers" related to Jewish holy sites like the Tomb of Avner Ben Ner and others.

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Israel from now on 'assumes all planning and construction powers' in 'matters related' to the Jewish holy sites of the Tomb of the Patriarchs; the Tomb of Avner Ben Ner; the Tomb of Jesse and Ruth; the Tomb of Othniel Ben Kenaz; Abraham's Spring; the Sephardic or Ashkenazi cemetery.

The 1997 Protocol saw Israel withdraw its army from Area H1, about 80% of the city, transferring security to Palestinian police, while retaining security control in Area H2 (the remaining 20%), which includes the Tomb of the Patriarchs. Civil competencies, including planning and construction in H2, were largely transferred to Palestinian authorities, even in areas with Jewish residents and holy sites. Israel's Planning Council justified the decision by stating the Palestinian council "has not promoted any (urban planning) project related to the Jewish areas over the years."

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the Palestinian municipality of Hebron 'has not promoted any (urban planning) project related to the Jewish areas over the years' and, therefore, they decided to withdraw its building powers 'across the board' 29 years later.