Introduction
Al Makhrour Valley, located west of Bethlehem between Beit Jala, Battir, Al Walajeh, Al Khader, and Husan, constitutes one of the last remaining Palestinian open landscapes in the Bethlehem governorate. In 2014, the valley was recognized as part of the UNESCO World Heritage Site of Palestine: Land of Olives and Vines – Cultural Landscape of Southern Jerusalem, Battir, reflecting its exceptional cultural, agricultural, and environmental significance. Beyond its heritage value, Al Makhrour remains the primary agricultural and natural space for surrounding Palestinian communities whose access to neighboring lands has been progressively curtailed by Israeli settlements, bypass road infrastructure, and movement restrictions.
For years, Palestinian landowners have challenged repeated attempts by Israeli settlers, coordinated efforts with Israeli authorities to establish a permanent settler presence in the valley. While recent litigation concerning ownership of a specific parcel of land has received considerable public attention, developments on the ground since 2024 demonstrate that the broader settlement project has continued irrespective of those proceedings. The continued expansion of settler infrastructure should therefore be assessed within the wider context of Israel’s settlement enterprise and its gradual annexation of the western Bethlehem area, and not as a matter of legal proceedings between a Palestinian family and a group of settlers.
Recent Developments and the Broader Annexation Context
On June 1, 2026, settlers placed one caravan on the site of a land previously targeted for takeover. The caravan currently houses approximately 5 settlers, with supporting infrastructure being set to serve it, including a greenhouse, sanitation facilities, water tanks, and additional utilities capable of facilitating future expansion, which indicates long-term plans.
Since the erection of settler caravans in Al Makhrour and the expulsion of a Palestinian family from their land in 2024, the Balasan Initiative for Human Rights (BIHR) has repeatedly warned that the case of Al Makhrour cannot be reduced to a dispute over the ownership of a plot of land between a Palestinian family and a group of settlers. Rather, it must be understood within the broader context of Israel’s policy of de facto annexation of Palestinian land through settlement expansion, particularly in the western Bethlehem area and its surrounding villages, land appropriation, and the deliberate alteration of the area’s demographic and geographic reality.
Developments on the ground demonstrate that the legal proceedings concerning competing ownership claims have merely constituted one component of a broader system designed to facilitate settlement expansion and consolidate Israeli control, with various Israeli institutions playing an active role in entrenching this reality including the Civil Administration, the Israeli Occupying Forces (IOF), the judiciary, and quasi-governmental bodies such as the Jewish National Fund (JNF), in supporting and facilitating settlement expansion.
This context stems from an understanding of Al-Makhrour’s strategic location, situated between the Jerusalem hills and the Western villages of Bethlehem: Husan, Battir, Al-Walajah, Wadi Fukin, and Nahalin, which together are home to approximately 25,000 Palestinians. The area is of particular significance because it serves as a geographical link between these Palestinian communities and forms part of the Battir UNESCO World Heritage Site, which is also inscribed on the List of World Heritage in Danger.
Through its settlement project in Wadi Al-Makhrour, Israel seeks to connect the surrounding settlement blocs, including the settlements of Har Gilo and Beitar Illit, as well as the Gush Etzion settlement bloc. This would consolidate Israeli control over the area south of Jerusalem, isolate the western part of the Bethlehem Governorate from its center and eastern areas, and further fragment Palestinian territorial contiguity.
These developments take place within the broader context of an unprecedented escalation of Israeli settlement expansion in the West Bank, including the expansion of settlement outposts, the legalization of several of them, and plans for the establishment of new settlements, including the Nahal Heletz settlement within the Battir UNESCO World Heritage Site. These measures form part of Israel’s broader policy of expanding its settlement enterprise and strengthening the infrastructure of settlements and settlement outposts.
Legal Analysis & Framework
The recent developments in Al Makhrour form part of a broader pattern of Israeli settlement expansion and territorial consolidation throughout the western Bethlehem area, including Battir, Al Walajeh, Cremisan, Husan, and Al Khader. Recent measures, including the advancement of new settlements, the declaration of additional “state land,” alterations to the route of military checkpoints, and the continued expansion of settlement infrastructure, collectively demonstrate an integrated policy aimed at consolidating Israeli control over this strategically significant area.
The continued maintenance and expansion of settler caravans despite ongoing judicial proceedings illustrates a well-established method through which Israeli settlements are consolidated: the gradual creation of irreversible facts on the ground. Under international law, the legality of settlement activity cannot be determined solely by reference to domestic property disputes or individual court proceedings. Rather, settlement construction, expansion, and the transfer of Israeli civilians into occupied territory are prohibited irrespective of competing claims concerning ownership of individual plots.
Article 49(6) of the Fourth Geneva Convention expressly prohibits an occupying power from transferring parts of its civilian population into occupied territory. This prohibition extends beyond the formal establishment of permanent settlements and encompasses measures facilitating the implantation and maintenance of civilian settler communities within occupied territory. Likewise, Article 8(2)(b)(viii) of the Rome Statute classifies the direct or indirect transfer of the occupying power’s civilian population into occupied territory as a war crime.
The continued existence and expansion of residential settler caravans in Al Makhrour therefore carries legal significance beyond the physical structures themselves. The installation of residential units together with water infrastructure, sanitation facilities, agricultural installations, and supporting services reflects an intention to establish a sustained civilian presence rather than a temporary occupation. Such measures contribute incrementally to the consolidation of settlement infrastructure and increase the practical difficulty of reversing the unlawful situation.
These developments must also be assessed in light of the International Court of Justice’s 2024 Advisory Opinion, which reaffirmed that Israel’s settlement enterprise and the continued expansion of settlements in the Occupied Palestinian Territory violate international law. The Court further emphasized that measures which consolidate Israel’s permanent control over occupied territory, including settlement expansion and related administrative and planning practices, contribute to the unlawful maintenance of Israel’s occupation and its annexationist policies.
Within this framework, the pending litigation concerning ownership of a single parcel cannot be regarded as determinative of the legality of developments in Al Makhrour. Even if domestic proceedings ultimately recognize Palestinian ownership over particular land, such recognition would not alter the broader legal character of the settlement enterprise or diminish the ongoing risks arising from continued settlement expansion throughout the valley.
