Israel Accused of Violating Court Order with E1 Housing Tender Publication
Israel's Ministry of Construction and Housing published a tender in mid-August 2026 for approximately 1,200 housing units in the E1 area, located east of Jerusalem. This publication occurred despite a commitment made by state attorneys to the court to provide advance notice to petitioners challenging the construction plan. The tender was reportedly released without any prior notification to the petitioners or even to the State Attorney's Office, which is representing the state in the legal proceedings. The deadline for submitting bids is October 19, 2026, just one week before the general elections.
Three consolidated petitions filed by Ir Amim, Peace Now, and Palestinian residents are currently before the court, seeking to freeze the tender. The petitioners argue that the tender's publication constitutes a significant change in circumstances since the court previously rejected requests for interim orders. They contend that the publication, made in direct contravention of the state's commitment, allows bids to be submitted, undermining their ability to seek legal recourse in a timely manner.
Minister of Finance Bezalel Smotrich, who oversees civilian administration in the West Bank, has previously stated that the E1 construction plan aims to "erase the possibility of a Palestinian state, not with slogans but with actions." The Ministry of Construction and Housing, headed by Minister Haim Katz, is responsible for the tender. The tender's final submission date, set for October 19, 2026, falls exactly one week before the scheduled October 27 elections, raising questions about potential political motivations behind the timing.
The E1 construction plan has faced previous delays, including three instances attributed to international diplomatic pressure. Eleven countries had previously warned that contractors participating in the tender risked violating international law. The current situation, where the state is accused of breaching its commitment to the court regarding the tender's publication, prompts questions about legal enforcement and the timing of the tender's announcement.