Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Jefferson23

(30,099 posts)
Tue Jun 24, 2014, 09:37 AM Jun 2014

The Israeli government has adopted an official policy of harming the innocent


Published:
23 Jun 2014

The intention to demolish the family home of the two Palestinians charged with the killing of Baruch Mizrahi means adopting an official policy of harming the innocent, stated Israeli human rights NGO B'Tselem. The two suspects will be tried for the attack, and are expected to be sentenced to long periods of detention. Their family members, who are not suspected of any offence, are the ones who will suffer the loss of their home: 13 people are currently living in the house, including 8 children.



Years ago, the army concluded that punitive home demolitions are not an effective measure to deter attacks against Israelis, and there are even indications that they achieve the opposite effect. It seems therefore that the motives are reaping revenge and politically capitalizing on the current public mood in Israel, in light of the abduction. This draconian measure was not utilized for almost ten years, except for one case in 2009:

Background on the Demolition of Houses as Punishment

On 17 February 2005, the minister of defense announced that the procedure would no longer be used. In the period between October 2001 (when Israel began once again to demolish homes as a means of punishment in the Occupied Territories, after four years in which it had not used this measure) and the end of January 2005, Israel demolished 664 houses as punishment.

Despite this decision, in 2009, Israel demolished one housing unit in East Jerusalem and sealed two. In January 2009, two housing units were sealed in East Jerusalem, as a result of which 24 persons lost their home. In April 2009, one housing unit was demolished in East Jerusalem, and four people lost their home.

in full: http://www.btselem.org/press_releases/20140623_renewal_of_punitive_house_demolitions
1 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
The Israeli government has adopted an official policy of harming the innocent (Original Post) Jefferson23 Jun 2014 OP
Punitive House Demolitions from the Perspective of International Law Jefferson23 Jun 2014 #1

Jefferson23

(30,099 posts)
1. Punitive House Demolitions from the Perspective of International Law
Tue Jun 24, 2014, 12:47 PM
Jun 2014

House demolition is an administrative procedure carried out without trial and without proof in court of the guilt of the person because of whom the action is taken. In the past, before the policy of punitive house demolitions was renewed during the al-Aqsa intifada, the demolitions were carried out following a military order given by the regional commander pursuant to Section 119 of the Emergency Defense Regulations of 1945. The section empowers the military commander to demolish a house - in any community, neighborhood, or street - of a resident of that area who carried out a violent offense. After the demolition order was delivered to the family, the IDF allowed the family to appeal to the military commander within forty-eight hours. In a decision made in 1989, the High Court of Justice held that, in the event the appeal is denied, the family must be allowed to petition the High Court before the house is demolished.

During the current intifada, until recently, the IDF acted differently. Israel treated the action as an imperative military action. Most of the house demolitions took place at night without any prior warning and without giving the occupants a demolition order, as required by Section 119 of the Emergency Defense Regulations. The occupants were given a few minutes to remove their possessions to avoid having them buried in the rubble. Israel remained vague in its statements relating to whether the demolitions were carried out pursuant to Section 119 or were an imperative military operation.

Whatever the legal basis, punitive house demolitions flagrantly breach international law which allows destruction of property only when necessary for a military operation (article 53 of the Fourth Geneva Convention). According to the official commentary of the International Committee of the Red Cross, “military operation” is defined as “the movement, maneuvers, and actions of any sort, carried out by the armed forces with a view to combat.” Punitive house demolitions do not meet this definition.

International law also prohibits collective punishment, i.e. the punishment of persons for acts committed by others (article 33 of the Fourth Geneva Convention and Article 50 of the Hague Regulations). House demolitions are a clear case of collective punishment in that the primary victims are relatives of the persons suspected of committing an offense.

Over the years, more than 150 judgments have been given in petitions against punitive house demolitions. The petitioners raised fundamental arguments contesting the legality of the measure, made contentions on the manner in which it was implemented, and argued against the use of the measure in specific cases. Other than in rare instances, the High Court denied the petitions and accepted the state's position that the measure, which is intended to deter Palestinians from carrying out attacks, is lawful. The High Court has ruled continuously that, insofar as the offenses involved are violent, aggressive action is needed, and demolition of the houses of the suspects is proper punishment.

http://www.btselem.org/punitive_demolitions/legal_basis

Latest Discussions»Issue Forums»Israel/Palestine»The Israeli government ha...