Uncategorized
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.
Uncategorized
Ukraine reburies Nazi collaborator with state honors, drawing Israeli condemnation
(JTA) — Israel criticized Ukraine Monday after President Volodymyr Zelensky gave full state honors to a Ukrainian nationalist leader who was part of a movement that collaborated with the Nazis during World War II.
During a reburial ceremony on Sunday, Zelensky described Andriy Melnyk and his wife, Sofia Fedak-Melnyk, as “iconic Ukrainians of the 20th century who are deeply respected,” according to The New York Times.
Melnyk led one of the factions of the Organization of Ukrainian Nationalists during its collaboration with Nazi Germany during World War II. Though the Ukrainian organization shared a mutual opposition to Soviet rule with the Nazis, it also promoted antisemitic rhetoric and some of its members participated in the persecution of Jews during the Holocaust. Melnyk initially sought cooperation with Nazi Germany but was later detained by the Nazis as relations with Ukrainian nationalist groups deteriorated.
The ceremony marked the latest flashpoint in a longstanding dispute over Ukraine’s commemoration of World War II-era nationalist figures linked to Nazi collaboration. In 2018, the country designated the birthday of Nazi collaborator Stepan Bandera as a holiday, and in 2017, a statue was unveiled honoring a nationalist leader whose regime killed tens of thousands of Jews in pogroms during the Russian Revolution.
The remains of Melnyk and his wife were exhumed from Luxembourg last week and then transported to Ukraine for reburial at Kyiv’s National Military Memorial, which opened last year for soldiers killed in Russia’s invasion of Ukraine.
“Glory to every Ukrainian hero! Glory to all our Ukrainian warriors! Glory to our people!,” Zelensky, who is Jewish, wrote in a post on X marking the ceremony, adding that he was “grateful to everyone who has worked to make such returns of great Ukrainian figures possible and to give the Ukrainian People their own pantheon of heroes.”
The reburial was quickly decried by Yad Vashem, Israel’s Holocaust memorial, which wrote in a post on X that it was “deeply troubled by such national commemorations, which come at the expense of historical truth and the memory of Holocaust victims.”
“Honoring the leader of a movement that supported and collaborated with Nazi Germany during the persecution and murder of millions of Jews undermines the moral integrity essential to Holocaust remembrance,” the post read.
Israel’s Foreign Ministry wrote on X that there is “no place for ignoring historical truth and the memory of the victims murdered by the Nazis and their collaborators.”
The post Ukraine reburies Nazi collaborator with state honors, drawing Israeli condemnation appeared first on The Forward.
Uncategorized
Trump administration again sues UCLA over antisemitism, alleging ‘hostile educational environment’
(JTA) — The U.S. Department of Justice sued the University of California for the second time this year over allegations of an antisemitic campus environment at UCLA, claiming the school “was deliberately indifferent to the suffering of its Jewish and Israeli students” after Oct. 7.
The federal lawsuit, filed Tuesday, claims UCLA violated the students’ civil rights by failing to intervene during pro-Palestinian encampment activity in early 2024. It follows an earlier suit that focused on the university’s treatment of its Jewish and Israeli employees, and comes 10 days after the university unveiled its own “Initiative to Combat Antisemitism.”
“Earlier this year, we sued UCLA for subjecting its Jewish and Israeli employees to an antisemitic hostile work environment,” assistant U.S. attorney general Harmeet Dhillon said in a press release. “Now, the Department of Justice calls UCLA to account for its toleration of the equally appalling hostile educational environment against its Jewish and Israeli students.”
Requests for comment to the Justice Department and UCLA were not immediately returned.
The new suit draws on widely reported accounts of UCLA’s campus environment in spring 2024, when protesters in pro-Palestinian encampments clashed with pro-Israel counter-protesters, sparking violence and turmoil. The failure to protect Jewish students violated their Title VI civil rights, attorneys said.
Citing the report of UCLA’s own task force on antisemitism, published in response to the 2024 campus upheaval, the suit states, “UCLA’s leadership apparently preferred a do-nothing ‘de-escalation strategy’ to protecting their Jewish and Israeli students from an angry mob organized by peers armed with tasers, lumber, and a sword.”
The Justice Department is seeking several redress measures, including the return of all federal grants made to UCLA “during the time of UCLA’s noncompliance with Title VI.” The school had previously resolved several Title VI antisemitism cases under the Biden administration, and also reached a $6.13 million settlement with Jewish groups in a private suit related to the spring 2024 incidents on campus — a case cited in DOJ’s new lawsuit.
The Trump administration has sought to make a particular example of UCLA in its aggressive approach to campus antisemitism. Officials had sought to levy fines in excess of $1 billion against the public university for its alleged failure to protect Jewish and Israeli students, until a federal judge intervened. Several DOJ lawyers have left the department over its UCLA investigation, telling reporters the case was “fraudulent,” a “sham” and driven by pressure to “find” evidence to support further legal action against UCLA.
In addition, some of the most violent clashes on the campuses included perpetrators on both sides of the conflict, leading some members of the UCLA Jewish community to complain that pro-Israel counter-protesters ultimately undercut the Jewish students’ legitimate grievances regarding the harassment they had been facing inside the campus gates.
And the campus environment for Jews remains tense. Last month, the UCLA student senate condemned a campus visit by a freed Israeli hostage, drawing blowback from a university regent.
The post Trump administration again sues UCLA over antisemitism, alleging ‘hostile educational environment’ appeared first on The Forward.
Uncategorized
Jewish leaders say Belgium’s prosecution of circumcision is antisemitic
(JTA) — Dozens of European Jewish leaders, joined by Israeli and American diplomats, decried Antwerp prosecutors who plan to charge two Jewish men with performing illegal circumcisions.
In an open letter on Tuesday to European and Belgian officials, 45 communal and religious Jewish leaders accused the Antwerp Public Prosecutor’s Office of “effectively criminalizing the act of circumcision” and infringing on religious freedom.
Earlier this month, Belgian prosecutors announced their recommendation to refer two mohels, or ritual circumcisers, to the criminal court following investigations into alleged illegal circumcisions.
In Belgium, the law requires all circumcisions to be performed by licensed medical professionals. The two men would be charged with intentional assault or battery against minors and the unlawful practice of medicine.
The European Jewish leaders responded that prosecuting mohels was “antisemitic in nature, reminiscent of efforts taken in Europe against Jewish practice prior to the Second World War.”
They said the potential prosecutions sent a message that “Jews are no longer welcome in Belgium” and “Belgian Jews are now second class citizens with limited rights.” Their appeal was led by the chairman of the European Jewish Association, Rabbi Menachem Margolin.
Israeli and U.S. officials have also accused Belgium of targeting Jews for practicing their faith.
Gideon Saar, Israel’s minister of foreign affairs, called the prosecutors’ decision a “scarlet letter on Belgian society.” He was joined by the U.S. ambassador to Belgium, Bill White, who said on X that Belgium “will be thought of now as anti Semitic by world.”
Belgium’s foreign minister fired back that it was “inappropriate to publicly criticize a country and tarnish its image simply because you disagree with judicial proceedings.”
“I recall that the proceedings in question were initiated by representatives of the Jewish community themselves,” said Maxime Prévot. “To portray those as a country’s desire to undermine the religious freedom of Jews is defamatory.”
The mohels were first investigated after complaints lodged by Moshe Aryeh Friedman, an Antwerp rabbi. He alleged in 2023 that six local mohels practiced metzitzah b’peh, in which the circumciser cleans the circumcision wound with oral suction. Over the past two decades, several infants in New York City were infected with herpes as a result of the practice.
The letter from European Jewish leaders did not address Friedman’s claims.
The post Jewish leaders say Belgium’s prosecution of circumcision is antisemitic appeared first on The Forward.