• Research
  • Emissary
  • About
  • Experts
Carnegie Global logoCarnegie lettermark logo
DemocracyIran
  • Donate
{
  "authors": [
    "Zaha Hassan"
  ],
  "type": "commentary",
  "centerAffiliationAll": "dc",
  "centers": [
    "Carnegie Endowment for International Peace",
    "Malcolm H. Kerr Carnegie Middle East Center"
  ],
  "collections": [],
  "englishNewsletterAll": "menaTransitions",
  "nonEnglishNewsletterAll": "",
  "primaryCenter": "Carnegie Endowment for International Peace",
  "programAffiliation": "MEP",
  "programs": [
    "Middle East"
  ],
  "projects": [],
  "regions": [
    "North America",
    "United States",
    "Middle East",
    "Israel",
    "Palestine",
    "Levant"
  ],
  "topics": [
    "Political Reform",
    "Democracy"
  ]
}

Source: Getty

Commentary

A Lawsuit Could Expose U.S. Organizations’ Involvement in West Bank Settlements

U.S. judges recently accepted an appeal that clears the way for the courts to hear claims against tax-exempt American organizations and prominent donors involved in Israeli settlements.

Link Copied
By Zaha Hassan
Published on Feb 27, 2019
Program mobile hero image

Program

Middle East

The Middle East Program in Washington combines in-depth regional knowledge with incisive comparative analysis to provide deeply informed recommendations. With expertise in the Gulf, North Africa, Iran, and Israel/Palestine, we examine crosscutting themes of political, economic, and social change in both English and Arabic.

Learn More

What does the case ultimately come down to?

The plaintiffs in Al-Tamimi v. Adelson are Palestinian villagers and Palestinian-Americans who allege that several Israeli and U.S. tax-exempt organizations and individuals have been involved in genocide, land theft, and trespass in the occupied Palestinian territories.

The defendants include casino magnate Sheldon Adelson, known for his financial support for Israeli settlements in the occupied West Bank. Also named in the complaint is American Friends of Bet El Yeshiva Center, a U.S. tax-exempt organization formerly headed by U.S. Ambassador to Israel David Friedman, an organization that the family foundation of the U.S. president’s adviser and son-in-law Jared Kushner has supported financially in the past. Neither Friedman nor Kushner is named as a defendant in the case.

The lead plaintiff is the father of Ahed Tamimi, the sixteen-year-old Palestinian girl who gained international notoriety after she was sentenced to eight months in prison for slapping an Israeli soldier. Tamimi said the solder had trespassed on her property only hours after another soldier shot her younger cousin with a rubber-coated metal bullet at close range, resulting in the loss of part of his skull.

What did the recent ruling mean?

The case almost ended abruptly when a judge dismissed the plaintiffs’ claims in August 2017, asserting that the matter was outside the court’s purview. But the appeals court found that not all the issues at stake were political and beyond the court’s jurisdiction. Its ruling came down to two pivotal questions: whether the court would have to determine who held sovereignty over the territory in question, and whether the judges were empowered to hear claims of genocide allegedly committed by Israeli settlers funded by the defendants.

The court found that the executive branch of the U.S. government has exclusive authority to determine matters of sovereignty. Nonetheless, the judges ruled that it was possible that the trial court could adjudicate all the claims without intruding on the powers of the executive branch over foreign affairs.

What results might the case bring about?

The case may move forward on the genocide claims as well as the trespass and property theft claims, if the plaintiffs can prove their property ownership without having a U.S. court weigh in on who holds sovereignty over the land in question. The plaintiffs are asking for $1 billion in damages, though the hurdles in this complicated, politically charged case will be high.

Beyond a payout, the litigation will likely reveal a great deal about how Israeli and U.S. individuals and tax-exempt organizations, including corporate foundations, are involved in settlement construction in the occupied Palestinian territories, as well as how settlements violate the human rights of Palestinians.

What’s more, the information revealed in the case may be useful in potential cases filed against U.S. tax-exempt entities to strip them of their charitable status. One report by the Israeli newspaper Haaretz found that these charities’ activities included everything from providing air conditioning for settlements to paying families of settlers convicted of terrorism against Palestinians. Over nearly a decade, it is estimated that more than $200 million worth of U.S. tax-exempt donations have been sent to further Israel’s settlement enterprise.

Whatever the outcome of the Al-Tamimi litigation, the case will undoubtedly shed light on such activities and will receive U.S. media attention, given the defendants’ prominence and close connections to the President Donald Trump’s administration.

About the Author

Zaha Hassan

Senior Fellow, Middle East Program

Zaha Hassan is a human rights lawyer and a senior fellow at the Carnegie Endowment for International Peace.

    Recent Work

  • Article
    By Endorsing the U.S. Gaza Plan, the UN Security Council Elevates “Rule by Law” Over Rule of Law

      Zaha Hassan

  • Commentary
    Is the U.S.-Israel Gaza Peace Plan a Deal or a Distraction?

      Zaha Hassan

Zaha Hassan
Senior Fellow, Middle East Program
Zaha Hassan
Political ReformDemocracyNorth AmericaUnited StatesMiddle EastIsraelPalestineLevant

Carnegie does not take institutional positions on public policy issues; the views represented herein are those of the author(s) and do not necessarily reflect the views of Carnegie, its staff, or its trustees.

More Work from Carnegie Endowment for International Peace

  • Commentary
    Diwan
    The Greatest Dangers May Lie Ahead

    In an interview, Nicole Grajewski discusses the military dimension of the U.S. and Israeli attacks on Iran.

      Michael Young

  • Commentary
    Strategic Europe
    The EU Needs a Third Way in Iran

    European reactions to the war in Iran have lost sight of wider political dynamics. The EU must position itself for the next phase of the crisis without giving up on its principles.

      Richard Youngs

  • Trump United Nations multilateralism institutions 2236462680
    Article
    Resetting Cyber Relations with the United States

    For years, the United States anchored global cyber diplomacy. As Washington rethinks its leadership role, the launch of the UN’s Cyber Global Mechanism may test how allies adjust their engagement.

      • Christopher Painter

      Patryk Pawlak, Chris Painter

  • Commentary
    Diwan
    Firepower Against Willpower

    In an interview, Naysan Rafati assesses the first week that followed the U.S. and Israeli attack on Iran.

      Michael Young

  • Crowds holding Iranian flags and photos of the late Khamenei
    Commentary
    Emissary
    Who Will Be Iran’s Next Supreme Leader?

    If the succession process can be carried out as Khamenei intended, it will likely bring a hardliner into power.

      • Eric Lob

      Eric Lob

Get more news and analysis from
Carnegie Endowment for International Peace
Carnegie global logo, stacked
1779 Massachusetts Avenue NWWashington, DC, 20036-2103Phone: 202 483 7600Fax: 202 483 1840
  • Research
  • Emissary
  • About
  • Experts
  • Donate
  • Programs
  • Events
  • Blogs
  • Podcasts
  • Contact
  • Annual Reports
  • Careers
  • Privacy
  • For Media
  • Government Resources
Get more news and analysis from
Carnegie Endowment for International Peace
© 2026 Carnegie Endowment for International Peace. All rights reserved.