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Israel’s home demolitions after terrorist attacks, explained

(JTA) – Less than a hour after a terror attack in eastern Jerusalem on Friday killed three people, Israeli Prime Minister Benjamin Netanyahu delivered a succinct message: Destroy the Palestinian attacker’s home.

“Prime Minister Netanyahu has decided to take immediate action to seal and demolish the home of the terrorist,” said the statement from Netanyahu’s office. 

Home demolition orders have almost become a matter of course following Palestinian attacks. They don’t usually make headlines, nor do they tend to spark public outcry. For decades, Israel has used the tactic as a routine instrument of punishment, claiming that the effect of tearing down the homes of terrorists deters future attacks.

But critics question that claim, and say that home demolitions constitute collective punishment that violates international law. At a moment of deep political strife in Israel, the home demolition practice, like many others related to security, generates little political opposition. And while the Israeli Supreme Court, whose power Israel’s right-wing government hopes to limit, can delay home demolitions, it almost always ultimately permits them to go forward.

Here’s how the practice of Israeli home demolition began, how it’s viewed in Israel and abroad, and how it may be changing under Israel’s new government. 

Why does Israel destroy the homes of terrorists?

Israel began demolishing homes of Palestinian attackers after it captured the West Bank and eastern Jerusalem, along with other territories, in the 1967 Six Day War. Since then, according to a 2019 assessment by the Israel Democracy Institute, Israel has demolished some 2,000 homes due to terrorism. The demolitions have taken place in the West Bank and eastern Jerusalem, not within Israel’s internationally recognized borders. 

Israel claims that demolishing the homes of terrorists acts as a deterrent, a rationale cited last month in a bill introduced by lawmaker Eliahu Revivo, a member of Netanyahu’s Likud Party who also wants to deter attacks by deporting the families of terrorists. 

“The national security establishment and the Israeli army have conducted research over the years into dozens of suicide attackers, and it emerged that the one deterrent for suicide attackers is what the consequences for their families will be after the attack,” the text of the bill said.

Home demolitions were largely suspended in 2005 after the Israel Defense Forces found that the practice had no discernible deterrent effect. The demolitions were sporadically reinstituted a few years later and fully brought back by Netanyahu in November 2014 during a wave of Palestinian attacks.

A 2010 research paper by political scientists at Northwestern University and Hebrew University suggested that home demolition works as a deterrent. The authors of the study based their findings on an examination of home demolitions in the five years prior to the army’s 2005 suspension, a period that coincided with the second intifada. 

“We show that punitive house demolitions (those targeting Palestinian suicide terrorists and terror operatives) cause an immediate, significant decrease in the number of suicide attacks,” the paper said. “The effect dissipates over time and by geographic distance.”

This year, Netanyahu’s new government, the most right-wing in Israeli history, has indicated it will accelerate and expand the demolition of the homes of terrorists. It recently ordered the closing-off of an apartment belonging to the family of a 13-year-old who shot and wounded two Israelis near Jerusalem’s Old City. The move was unusual because Israel had previously reserved home demolition for attackers who killed people.

Does Israel demolish the homes of Jewish terrorists?

No. The Palestinian family of a boy murdered by a Jewish terrorist sued to have his killer’s home destroyed. The High Court in 2017 rejected the lawsuit, saying too much time had passed since the 2014 murder. The government argued that deterrence was not necessary in the case of Jewish terrorism, because, in the words of Judge Neal Hendel, Jewish terrorists are “a minority of a minority of a minority.” The Israeli government counted a total of 16 Jewish attacks of terrorism in 2015, according to the Jerusalem Post. Israeli Arab politicians, including Knesset member Ahmed Tibi, had called on the government to demolish the Jewish terrorist’s house as a matter of fair treatment.

Is demolishing terrorists’ homes legal?

Yes, according to Israel. No, according to experts in international law. 

Israel bases its argument on a regulation from 1945, when Britain controlled what is now Israel, that was carried over into Israeli law when the state was established in 1948. It is known as “Defense regulation (emergency) 1945, regulation 119.”

The regulation is broadly written, allowing a “A Military Commander” to destroy the home of “anyone who offended, or attempted an offense, or assisted offenders or abetted offenders after the fact,” as determined by a military court.

Multiple international law experts say that home demolition is illegal under international law because it is a form of collective punishment, which is banned by the Geneva Conventions. Israel has long argued that the Geneva Conventions do not apply to its presence in territories it has captured, because the land in question was not the internationally recognized territory of any state prior to 1967. 

The Biden administration also considers home demolitions to be collective punishment. “We attach a good deal of priority to this, knowing that the home of an entire family shouldn’t be demolished for the action of one individual,” State Department spokesman Ned Price said in 2021.

Israeli human rights groups, including B’tselem and the Israeli Committee Against House Demolitions, agree with international scholars that the practice violates international law. B’tselem cites both the Fourth Geneva Convention and a verse in Deuteronomy that reads, “Parents shall not be put to death for children, nor children be put to death for parents: they shall each be put to death only for their own crime.”

Who owns the land once a home is demolished?

Under the 1945 regulation, military authorities maintain control of the land, and it reverts to the original owners — if they are present — once military authorities leave.

How long does it take for a home demolition to take place? What happens to the family?

Generally, the military consults with Israel’s intelligence services before ordering a home demolition.In the case of high-profile attacks, however, the order may come down immediately, as it did on Friday. Families have 48 hours to appeal a demolition to the military commander or another relevant authority. 

However, Israel’s Supreme Court has reserved the right to review demolition orders. This may delay demolition for months or years, but B’Tselem reports that in the majority of cases, the court ultimately upholds the demolition. In one notable case in 2018, the court stopped the demolition after the family presented evidence showing that the assailant suffered from a mental illness. 

Homes may be demolished by bulldozers. Apartments or rooms are generally filled with cement, rendering them unlivable. Families sometimes split up among relatives, at least in the near term, according to a United Nations report. 

According to the Jerusalem Post, the army commission that recommended ending the practice in 2005 reported that families of the terrorists often rebuild their homes with compensation funds from the Palestinian Authority and other sources. The Palestinian Authority pays monthly stipends to the families of Palestinians imprisoned by Israel or killed while committing violent attacks. Israel and its advocates decry the payments as an incentive for terrorism.

How many home demolitions have taken place?  Are homes demolished for reasons other than deterrence?

According to the Israel Democracy Institute, more than 50 homes “have been either fully or partially demolished” between 2014 and 2019 as a deterrent to terrorism. Hamoked, an Israeli human rights group, placed the total since 2014 at 75, according to Haaretz.

Israel has demolished a far greater number of Palestinian buildings due to lack of a building permit. Palestinian groups and Israeli human rights organizations argue that Palestinians face discrimination in obtaining such permits. Israel also has a policy of demolishing Palestinian dwellings for being built in a closed military zone. 

The same academic paper that concluded demolishing the homes of suicide attackers was an effective deterrent also found that home demolitions for other reasons — including as a preventative measure — spurred an increase in terror attacks.


The post Israel’s home demolitions after terrorist attacks, explained appeared first on Jewish Telegraphic Agency.

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As Conservative rabbis, we’re rethinking our communities’ policies toward interfaith families

(JTA) — As Conservative/Masorti rabbis, we see firsthand the joy of couples building a life together in the Jewish community, and the pain of those who feel shut out because one of them is not Jewish.

We think of the community member, though not Jewish, who developed a profound love for davening (prayer) and Torah study, and has supported his children’s and grandchildren’s Jewish education and observance of mitzvot. We think of another community member who faithfully drove her four children to Hebrew school for years and, after her youngest child’s bat mitzvah, chose to convert to Judaism herself.

It is time for our halacha, or Jewish law, to address issues facing intermarried couples and families robustly.

The two of us had the honor of joining colleagues in co-authoring a teshuvah — a rabbinic response to questions of Jewish law — that does just that. The Rabbinical Assembly’s Committee on Jewish Law and Standards has approved a teshuvah that seeks to honor these couples and families and their commitment to Jewish life in our congregations and communities.

Since we are part of a movement that balances a commitment to halacha with the realities of modern life, our work is grounded in traditional Jewish texts, laws and principles while also reflecting the core belief that welcoming others and extending hospitality are essential Jewish values.

Based on halacha and Jewish tradition, the teshuvah affirms the longstanding standard of Conservative/Masorti rabbis that clergy may officiate only at weddings where both partners are Jewish. It emphasizes that while a wedding is a significant moment that often singularly drives these conversations, there are many other important life-cycle moments that rabbis can offer as occasions for Jewish celebration and reaffirmations of commitment to mitzvot.

Through this teshuvah, we formalize a public mishebeirakh (blessing) before or after the wedding day for a couple committed to building an exclusively Jewish home, as well as a hanukkat habayit ceremony to dedicate their home.

We welcome non-Jewish parents on the bimah during their children’s b’nei mitzvah and offer “mazal tov” and other basic gestures of inclusion to intermarried couples, both of which were once considered unacceptable. Our goal in doing so is to inspire the couple and family to grow in Jewish living.

We affirm that synagogues may not hire intermarried individuals as clergy but may hire intermarried individuals for other roles, and that rabbis may officiate at funerals for non-Jewish family members and support a Jewish mourning process when a non-Jewish loved one dies.

It’s been about 40 years since the Committee on Jewish Law and Standards, which sets halachic policy for our movement internationally, broadly addressed questions around intermarried couples and families. We have learned over time that those intermarried couples who choose to embrace Jewish life are integral to the fabric of Conservative/Masorti communities.

We invite these couples to engage meaningfully in Jewish practice at home and in community, and, if they are having children, to raise them as Jews. Sometimes they may even choose to convert to Judaism at some point.

We do so because, as rabbis, we enjoy the privilege of being invited into people’s lives, and our role is both pastoral and educational. As people figure out their own identities and relationships, our role is to help them integrate Jewish tradition. As couples turn toward each other and seek to integrate Judaism into their lives, we are here to help them chart a course and to bring Torah into the conversation and observance of mitzvot into their lives.

We aim to inspire the couple to grow in Jewish living, observing mitzvot, studying Torah and searching for God in daily life. To do so, we must create gateways so everyone can find a place to learn and find joy and inspiration in our traditions, within the boundaries of halachic standards and principles.

Many of the practices in the teshuvah are already in place in some communities. Some offer solutions that speak most directly to realities in North America, and we call on local rabbis to interpret them in light of the circumstances in their local communities.

In the days of the Mishnah and the Talmud, when faced with new and challenging circumstances, our rabbis found creative and often beautiful solutions to embody the Torah as they understood it. As we follow in their footsteps, we use the wisdom we have inherited to both uphold and transform those values and honor the halachic principles that are central to our rabbinates and communities.

The views and opinions expressed in this article are those of the author and do not necessarily reflect the views of JTA or its parent company, 70 Faces Media.

The post As Conservative rabbis, we’re rethinking our communities’ policies toward interfaith families appeared first on The Forward.

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I was a reluctant Yiddishist. Here’s what converted me.

I couldn’t understand my peers’ embrace of Yiddish culture. Now I’m fascinated –– by the world evoked in Yiddish music and literature, and the leaders of its revival. My conversion began at Yidstock: a Festival of new Yiddish Music.

 

The post I was a reluctant Yiddishist. Here’s what converted me. appeared first on The Forward.

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Mamdani confronts backlash over exclusion of Jewish lawyers from judicial panel

Since taking office in January, Mayor Zohran Mamdani has shrugged off criticism from Jewish organizations over his opposition to Israel and Zionism. But new allegations that his administration excluded Jewish lawyers from a key City Hall appointments committee appeared to strike a nerve — getting directly at how he is governing New York City.

“The suggestion that there would be any decision-making motivated by religion, it does bother me,” Mamdani told reporters on Wednesday. “This is a city that is beautiful because of the breadth of diversity of those who call it home, and that includes the Jewish community across the five boroughs.”

On Monday, a coalition of New York City’s Jewish bar associations circulated a letter accusing Mamdani of excluding Jews from his appointees to the city’s 18-member Advisory Committee on the Judiciary. New York City has the largest Jewish population in America, and Jews are heavily represented in the legal profession.

The critics suggested that the absence of Jewish attorneys on the judicial advisory committee follows a “troubling pattern” that has left many Jewish New Yorkers “feeling increasingly marginalized.” The letter also pointed out that the rejection of retired Appellate Division Justice John Leventhal during the vetting process was “disconcerting” given the lack of outreach to other Jewish lawyers.

Mamdani forcefully denied suggestions that religion played any role in assembling legal experts for the committee. “I did not ask for the religion of each of the person that was put forward,” he said on Wednesday.

Mamdani’s press secretary, Joe Calvello, said that Leventhal was rejected after the vetting team found that he served on the legal team of Ghislaine Maxwell, a socialite who was sentenced for helping late sex offender Jeffrey Epstein. Calvello also said that Mamdani “had the privilege of appointing a dozen qualified judges from a range of backgrounds, including Jewish judges.” In January, Mamdani appointed three new judges. Another nine, including those referenced as being Jewish, are sitting judges whose original appointments were made under previous administrations.

That explanation became the centerpiece of Mamdani’s defense Wednesday. “The thing that matters most to me is that in the judges that have been appointed and reappointed, that they do reflect that diversity of New York City, and that diversity includes Jewish New Yorkers,” he said.

Why this controversy is different for Mamdani

The exchange with two reporters at Wednesday’s press conference, who questioned him about the appearance of excluding Jewish lawyers, reflected a different political challenge than the one Mamdani has faced for much of his first six months in office.

Mamdani has clashed with Jewish organizations that have largely centered on foreign policy or how to define antisemitism related to anti-Zionist activity.

His Day One repeal of the International Holocaust Remembrance Alliance definition of antisemitism, labeling Israel’s war in Gaza a genocide, support of boycotts, production of a Nakba Day video commemorating the displacement of Palestinians during Israel’s founding in 1948, response to pro-Palestinian protesters outside synagogues hosting an Israel real estate sale, pledge to seek the arrest of Israeli Prime Minister Benjamin Netanyahu if he visited New York, and most recently his call for protests against Netanyahu’s expected visit to the United Nations alienated much of New York’s organized Jewish community. But they reinforced Mamdani’s standing with his progressive base and the pro-Palestinian movement that helped propel him into office.

The judicial committee controversy is different. It raises questions about Jewish representation within his own government and whether the country’s largest Jewish community is being included in an influential legal panel.

It also follows questions earlier this year about the administration’s outreach to the Jewish community. Mamdani’s Jewish American Heritage Month reception at Gracie Mansion in May drew few leaders from mainstream Jewish organizations, after many declined invitations amid ongoing tensions over the mayor’s handling of antisemitism and Israel. The guest list reflected stronger ties with progressive Jewish groups, anti-Zionist activists and Hasidic leaders.

Wednesday’s response showed that Mamdani sees this as a different kind of political challenge. Unlike criticism over Israel, accusations that Jews are being left out of his own administration strike at the inclusive image he has tried to build as mayor.

The post Mamdani confronts backlash over exclusion of Jewish lawyers from judicial panel appeared first on The Forward.

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