Israel's Legal Advisor Modifies E1 Settlement Tender Timing Ahead of Elections

Israel's Attorney General, Gali Baharav-Miara, has amended her decision regarding the timing of a settlement construction tender in the E1 area east of Jerusalem. The modification allows contractors to submit bids before the upcoming Israeli elections on October 27, but the envelopes will only be opened and a winner announced after the vote.

This change means the tender process will proceed as scheduled, contrary to her previous directive to postpone bid submissions until after the elections. However, the finalization of the tender, including opening bids and announcing the winner, remains delayed until post-election. The attorney general's shift in position followed a petition to the Israeli Supreme Court by the Ma'ale Adumim settlement municipality against her earlier decision to delay the tender deadline.

Baharav-Miara had initially instructed a one-month postponement of bid submissions to after the elections, citing concerns about the tender being exploited for electoral purposes. The tender encompasses the construction of 2,167 settlement units in E1. The original deadline for bid submissions was October 25, two days before the elections.

This tender adds to 1,234 settlement units previously put out for tender on August 18, bringing the total units approved within the E1 settlement plans to 3,401.

Finance Minister Bezalel Smotrich, leader of the Religious Zionism party, criticized the amendment, calling it a "trick." He argued that while bids can be submitted before the election, the delay in opening them means construction won't begin as planned. Smotrich accused the attorney general of joining Benny Gantz in opposing strategic construction in E1, which he believes would prevent a Palestinian state. He asserted her goal is to prevent the tender from concluding during their term, allowing a left-wing government to potentially cancel the construction.

Smotrich demanded that the tender be completed, including announcing the winner and starting construction, by its originally scheduled date. His criticism comes amid his election campaign, during which he has also called for war in the West Bank and the dismantling of the Palestinian Authority.

The E1 settlement plan is a significant project located between Jerusalem and Ma'ale Adumim. Construction there would connect the settlement to Jerusalem, sever Palestinian geographical contiguity, and divide the northern and southern West Bank, undermining the possibility of a contiguous Palestinian state. Construction in E1 has been frozen for decades due to international objections until the Israeli government intensified efforts to advance it under the cover of the war in Gaza.