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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.
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The post Israel’s home demolitions after terrorist attacks, explained appeared first on Jewish Telegraphic Agency.
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Talarico blames Netanyahu, not the Israeli people, for devastation in Gaza
(JTA) — James Talarico, Texas’ Democratic nominee for the U.S. Senate, said he holds Prime Minister Benjamin Netanyahu, rather than the Israeli people, responsible for civilian devastation in Gaza.
Talarico, a Texas state representative, is running neck and neck against Republican Attorney General Ken Paxton, in a race whose results could affect which party controls the Senate this November. Israel has been one of many sources of disagreement among the candidates, who have sparred on issues ranging from affordability to immigration to reproductive rights.
“I believe that Israel, like any nation, has a right to defend its people,” the candidate said while fielding questions on Wednesday at a CNN town hall. “But I don’t believe that Benjamin Netanyahu has a right to wage war against civilians or use collective punishment or restrict aid to civilians.”
A Texas Politics Project poll, issued by the University of Texas this week, showed Paxton trailing Talarico by 3 percentage points, with 47% to the Democrat’s 50% and a margin of error of 3.34 percentage points.
Talarico said in August that he supported stopping arms sales to the Netanyahu government and conditioning military aid “on ending the death and the destruction in Gaza and the West Bank.” He declined to call the crisis “genocide,” noting that the term is being litigated in the International Court of Justice. But he said he’d “use every bit of our nation’s diplomatic and financial leverage to protect the lives of Palestinians.”
When he was pressed further by Rabbi Holly Levin Cohn of Congregation Beth El Binah in Dallas during the town hall, Talarico stressed the importance of directing his criticisms “toward Prime Minister Benjamin Netanyahu and not the Israeli people.”
Addressing Israelis’ trauma, Talarico acknowledged that the Oct. 7, 2023, Hamas attack on Israel “was the deadliest day for the Jewish people since the Holocaust.”
Cohn pushed back on his comments regarding aid restrictions, noting Israeli support of humanitarian efforts and arguing that there’s much more going on in the country than the media may be projecting.
Talarico told the rabbi he recognized that his “words carry weight” and gave her his word that he’s “going to continue to listen to all sides of this conflict.” He also expressed hope that “we can all come together to fight for a two-state solution where we have security for Israel and we have freedom and self-determination for Palestinians.”
Talarico also gave a “shoutout” to a local rabbi, Neil Blumofe at Congregation Agudas Achim in Austin. “I spent my first year of my seminary studies learning the Hebrew scriptures from a local rabbi,” he said. “Shout out Rabbi Neil Blumofe!” Cohn grinned.
The post Talarico blames Netanyahu, not the Israeli people, for devastation in Gaza appeared first on The Forward.
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Irish Jewish leader ‘shocked’ after hotel cancels over 70 rooms for antisemitism conference
(JTA) — DUBLIN — An Irish Jewish leader said a Dublin hotel canceled rooms reserved for European delegates after learning that they were visiting for an antisemitism conference.
Maurice Cohen, the president of the Jewish Representative Council of Ireland, said he booked over 70 rooms at the Herbert Park Hotel for people attending a meeting of the Special Envoys and Coordinators Combating Antisemitism (SECCA).
The envoys, who included Jewish community leaders, diplomats and government ministers from across Europe, were invited to the conference this week organized by the World Jewish Congress and the European Commission. The event was tied to Ireland’s Presidency of the Council of the European Union, which rotates between EU member states, and included delegates meeting with Irish Prime Minister Micheál Martin. Most of the government-appointed special envoys are not themselves Jewish.
Cohen said he met with Herbert Park Hotel’s general manager in May to inspect its conference rooms and explained the purpose of the event. According to Cohen, the manager responded by asking, “Will the IDF be involved?”
That question “shocked” Cohen, he told the Jewish Telegraphic Agency.
“I said, this is about antisemitism. It’s not about Israelis, it’s not about Israel, it’s not about the IDF,” he said.
Cohen said the manager told him she had to consult with the hotel owners to determine if his booking could be accepted. The next day, he learned that the rooms were canceled without explanation. The Herbert Park Hotel did not respond to JTA requests for comment.
Cohen booked rooms for the delegates and the conference at different hotels. He described the cancellation in a speech at the SECCA meeting on Tuesday, calling it an example of “contemporary antisemitism.”
“How quickly does the word ‘Jewish’ change a conversation?” he said to the attendees. “How easily does a gathering about antisemitism become associated with the Israeli army? And how quickly can people who were welcome when they were simply 70 hotel guests become something rather different once they are known to be attending a Jewish conference?”
Yoni Wieder, Ireland’s chief rabbi, suggested that the hotel could have based its decision on fears of controversy.
“It’s possible that whoever took the decision had no objection to the conference itself,” Wieder told JTA. “They may simply have wanted to avoid the possibility of protests outside the hotel or some other backlash.”
Ireland’s government has been sharply critical of Israel. The country has recognized Palestinian statehood, barred Israeli far-right ministers from entering its borders and in July passed a law that banned imports from Israeli settlements in the Palestinian territories. Martin has said that Israel committed genocide in Gaza, a charge Israel vigorously rejects. He has also condemned rising antisemitism in Ireland, which is home to about 2,200 Jews.
Herbert Park Hotel is “actually quite familiar with Jewish guests,” according to Wieder, who said that he has overseen kosher catering at the hotel.
Cohen, who has lived in Dublin all his life, said he had fond memories of the hotel. For years it was his favored site for meetings, New Year’s Eve celebrations and his mother’s birthdays through her 93rd.
“Over time the hotel became associated in my mind with friendship, celebration and my mother,” he said in his speech. “So it was strange that, many years later, the same hotel would acquire a very different place in my memory.”
The post Irish Jewish leader ‘shocked’ after hotel cancels over 70 rooms for antisemitism conference appeared first on The Forward.
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Whatever you think of Ilhan Omar, these threats are unconscionable
The Trump administration is reportedly planning to build a case to strip Congresswoman Ilhan Omar (D-MN) of her citizenship and eventually deport her.
It is my hope that American Jews — even those who do not like Omar and can recite every questionable comment she has made over the past 15 years to illustrate why — will understand this as offensive and outrageous not only because they are Americans, but because they are Jews.
The Trump administration may claim that it is building a case against Omar due to paperwork (reports suggest that they are interested in whether her father listed her age as 17 on her citizenship application when she was really 18). It is similarly filing dozens of lawsuits attempting to denaturalize citizens by trying to prove they lied in the process of gaining citizenship. However, that this is happening now, ahead of the midterm elections against a sitting member of Congress, a high-profile progressive whom the president has said should “go back” to her country of origin, suggests that it is, to put it mildly, politically motivated.
Evidently, the Trump administration sees citizenship not as a right or a responsibility but as a reward, one that can be taken away if that is seen as useful to the president and his adherents. That use could be silencing political opposition or something as simple (and callous) as an opportunity to brag about the sheer number of attempted denaturalizations.
Jews, too, have found themselves on the wrong end of political denaturalization. I do not mean to compare the Trump administration to the Nazis, but the stubborn fact is that Jews were indeed stripped of their citizenship as part of a political project in Germany and elsewhere in Europe in the 1930s and 40s. And in the early 20th century in the United States, it was Jews who politicians claimed were incapable of assimilating, of ever really being a part of the United States. These arguments culminated in legislation that kept out Jews who could have found refuge here. The threat of denaturalization and the experience of perpetual otherness is a grievous part of modern Jewish history; we should be offended by its presence in our political present.
Jewish tradition as well as history encourages us to stand up to authority when that authority is wrong. Mordecai refuses to bow to Haman; Nathan yells at King David for sleeping with Bathsheba and having her husband killed; Moses famously urges Pharoah to change his oppressive ways. Even God is on the receiving end of pushback when Abraham pleads and negotiates to spare Sodom.
I do not think one needs to be Jewish to be outraged by the attempt to denaturalize Ilhan Omar. I think it is also bone-chilling as an American who believes we, including our elected officials, have the right to openly oppose our president, and I am worried as a person who thinks it would be good to continue to live in a democratic republic. And I am sure that there are Jews who will say that Omar deserves to lose her citizenship because she has said things about Israel they do not like.
But the Jewish lens through which I see this is that it is right to challenge power when it is abused, and it is wrong for the powerful to make a show of trying to cast their opponents out of the country.
The point is not whether Trump can make good on the threat to strip Omar of her citizenship and deport her, but that it is obscene to use denaturalization as punishment for being a high-profile political opponent in the first place. If he is trying to make it more dangerous to speak out while being from the “wrong” country, then the rest of us need to say that this is a fundamental misunderstanding of what it means to be an American citizen.
We should do this because we are Americans and we should do this because we are Jews. We should do this because of the ways in which our American and Jewish identities bleed into one another. And, we should do this because we may not know exactly whether it is as Americans or as Jews that we know we have to protect the right to speak truth to power, but we know we need to do it all the same.
The post Whatever you think of Ilhan Omar, these threats are unconscionable appeared first on The Forward.
