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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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As voting nears, Israeli democracy is not healthy
When Israel’s Supreme Court upheld the right of Arab parties last week to run in the country’s Oct. 27 election, they didn’t only provide Israel’s 2 million-plus Arab citizens a reason to vote. They also sent yet another signal in the incredible noise of these elections: Israeli democracy is not healthy.
Every time Israel has held elections in the last two decades, this cycle repeats: The Central Elections Committee — a body mostly made up of politicians — bars Arab parties or candidates, the Supreme Court puts them back on the ballot, and the country congratulates itself that its democratic guardrails held up to the pressure. But when Israel’s political representatives think democracy means disqualifying parties representing 20% of its electorate, the guardrails are not holding. When that 20% of the electorate is told its voices are unwanted and its opinions suspect enough to ban, it is nearly impossible to call Israel a healthy democracy.
And there’s a deeper story here, too — one that came to a head in 2023, connected to the decades-long march of the populist far-right in Israel against the Supreme Court. Recall that one of the first things that Prime Minister Benjamin Netanyahu’s government did upon taking power was to announce a “judicial overhaul plan” built on the populist claim that the elected politicians are the only true representatives of the people, and the unelected, elitist, liberal-leftist Supreme Court ought to be subservient to them.
Since then, they have tried to eliminate the Court’s ability to review the quasi-constitutional Basic Laws, left the court’s top positions unfilled and languishing, and managed to pass a bill putting judicial appointments in political hands. In short, the Court is not simply a neutral referee in the fight over whether Arab parties can run. Its independence and authority are themselves at the center of Israel’s political struggle.
When the court restored Arab parties to the ballot, and liberals breathed a sigh of relief, the right went to work. It is telling its base that the Court, by simply upholding the most basic tenet of a democratic system — that parties be allowed to run regardless of their political positions — is in bed with the enemy: Arabs. In other words, it weaponizes the court ruling as proof of what it has been saying all along: that this is not the court of the Israeli people, it is the Arab’s court, the left’s court, and it must be brought to heel.
This is the double bind the Israeli Supreme Court has existed in for years. It is more hostage than guardrail. I have spent my career in Israeli civil society, and now lead an organization that funds a good deal of it, which is a long way of saying I have watched this cycle from close enough to know that the relief is a trap.
The court recognizes the part it plays in this game of political football, and it is caving to pressures and changing its own internal approach. The discussions it held last week were not limited to the Elections Committee’s decision to disqualify all the Arab parties. It went further. The court recommended Sami Abu Shehadeh of the Balad party withdraw his candidacy so that it would not have to disqualify him. Yes, Sami wrote an appalling article on Oct. 8 — one that I find deeply repugnant. But for many years, the court held that disqualification required extensive and consistent evidence of support for terrorism or opposition to democracy. On that basis, it allowed both Jewish and Arab candidates to run, even when they had written or said things that were unpopular, racist, or dangerous. And when it came to Abu Shehadeh, there was no solid evidence of a sustained pattern showing that he supported violence or opposed democratic principles. The court did not want to depart from its own precedent, but it could not withstand the pressure of public sentiment, so it asked Sami not to run. He withdrew.
It is clear to me that if Sami were Jewish, he would never have been disqualified. Jewish politicians have said things just as horrifying as he has, and they are consistently allowed to run. People fighting for Israeli democracy — both here in the U.S. and in Israel — can’t go to the mat for Israel’s democratic institutions without dealing with the essence of what democracy is.
In a democracy, the majority does not extend equality to the minority as a kindness. And for members of the minority, democracy is a bargain: You choose to live with the outcome because you had a real chance to shape it — by voting for politicians who represent your interests. With these bans, Israel asks two million citizens of the country to hold up their end of this bargain — to pay taxes and vote— while informing them every few years that the state’s end of the bargain is actually negotiable. That equality is not assured. That their parties could be barred from running.
Democracy is only more than a word if every citizen has both the right to vote and the right to govern. Israel simply is not a democracy if it fails to offer Palestinian citizens full participation. Period. Israel’s Palestinian citizens are not a test Israeli democracy has to pass, where the Supreme Court is a cheat code. Israel’s Palestinian citizens and their rights are what Israeli democracy ought to be made of.
Yes, it is a relief to know that Israel’s Supreme Court restored the Arab parties to the ballot, but we ought to notice what we are relieved about: that judges had to stop Israel’s elected representatives from cutting out a fifth of the electorate just five weeks before a general election. A democracy that has to be rescued from its own politicians on a regular basis is not a healthy one.
The post As voting nears, Israeli democracy is not healthy appeared first on The Forward.
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‘Remember 7.10.23’: In Israel, Hostage Square bears few remnants of a national crisis – but trauma lingers
(JTA) — TEL AVIV – In the days following the Oct. 7, 2023, Hamas attacks, the families of the hostages held in Gaza turned the plaza next to the Tel Aviv Museum of Art into what became known as Hostage Square.
Filled with “Bring Them Home” signs and hostage posters, yellow ribbons and yellow balloons, the square hosted demonstrations and press conferences.
It was here that the families created a replica of a Hamas tunnel and established the Empty Shabbat Table, a haunting art installation to remind visitors – and especially the Israeli government – that their loved ones still languished in Gaza. And it was here, two years later, that the families and thousands of other Israelis gathered to watch the last of the living hostages return to Israel.
Three years after the attack on Simchat Torah, there are few remnants of the hostage families’ encampment: the tunnel replica, a few yellow ribbons and a sign bearing the words “Remember 7.10.23.” During the days leading up to the third anniversary, some paid respects to the few hostage families who set up a sukkah on the square, but the plaza was nearly empty.
By all outward appearances, Israelis have moved on.
Yet beneath the surface, many are still grappling with the trauma of Oct. 7 and the multifront war the attack triggered.
In a Channel 12 TV poll in June, 74% of respondents said they fear that terrorists will carry out another large-scale attack, and 66% said they want the Oct. 7 attack to be investigated by a state commission of inquiry.
Last month, in an Israel Democracy Institute survey, 68% of Jewish Israelis and 32% of Arab Israelis said the Oct. 7 attack is a “central factor” in deciding which party to vote for, behind security and the high cost of living.
In the café at the edge of Hostage Square, Isaac Badra, a 33-year-old realtor, recalled how he and his wife opened their home to their upstairs neighbors because the Badras live on the “safer” ground floor and their Tel Aviv building has no bomb shelter. The trauma persists, he said.
He vividly remembered the air-raid sirens, reserve soldiers rushing to base on Simchat Torah and the frantic phone calls with his wife’s family near the Gaza border as Hamas attacked Sderot, where they live.
“My wife’s mother said she saw terrorists in the street, but I couldn’t grasp what she was saying,” he recalled. When he turned on the TV, he realized the scale of the attack. “I locked all of our doors and our windows and prayed.”
Three years later, Badra said, “When I hear noises outside, I jump. When Arab construction workers shout out to each other, I jump. And now I doubt whether my friends abroad really have our back.”
Roni Shoval, a defense industry worker from northern Israel not far from the Lebanon border, said the trauma of the past three years “is still inside me.” He called the attacks “a modern Holocaust for Israel.”
Even three years later, “I’m not ready to visit Nova,” he said, referring to the memorial at the site of the music festival where Hamas murdered 378 people and abducted dozens more. “Look, I’m getting goosebumps now just talking about it.”
Shoval, 54, is still doing IDF reserve duty, years beyond the maximum age because the IDF needs his expertise. He doesn’t want the same for his children.
“My son will be drafted soon,” he said. “Back in the day, I served in Gaza and Lebanon. I don’t want him sent to Gaza and Lebanon.”
At a nearby table, 24-year-old Yael Meyer sat with classmates from Tel Aviv University. The attack the previous day aboard a flydubai flight bound for Tel Aviv, they said, only reinforced the trauma of Oct. 7 and the war that followed.
“I’m always aware that there could be another terror attack. But I always had the sense that the security services would protect us.” Since Oct. 7, that trust in the government is gone, she said.
Her friend Talia Zecler, also 24, said she felt “helpless” after the attack. “I was angry at my country. Entire families were killed or kidnapped,” she added. “It feels like we’re living in an endless war.”
Her heart races when the sound of a passing motorcycle resembles an air-raid siren. But at the same time, she still marvels at the bravery and solidarity of ordinary Israelis in the months after the attack.
“People became more connected after Oct. 7. They volunteered everywhere, including at Hostage Square,” she said. “There was a sense of unity, that we’re in this together, and we saw it on the flydubai flight.
“This is the Israeli spirit.”
Sitting in the café with her parents, S., a 19-year-old IDF soldier, said the trauma she experienced on Oct. 7 at her home in Jerusalem “is minuscule” compared to the experience of those whose families were directly harmed by the attacks on the Gaza border and, later, attacks by Hezbollah, Iran and the Houthis.
“Sure, when I hear a plane flying in the sky, I think, will there be another war with Iran? I immediately go there,” said S., whose name could not be published due to military protocol.
But as the country prepares to vote for the next government on Oct. 27, she plans to channel her hopes and dreams in the voting booth.
“The most important things for me right now are to have a national investigation of what happened on Oct. 7 and to repair our relations not only with our immediate neighbors but everywhere. We don’t live in a vacuum,” she said.
The post ‘Remember 7.10.23’: In Israel, Hostage Square bears few remnants of a national crisis – but trauma lingers appeared first on The Forward.
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Antisemitic flyers turn up in Ontario neighborhood where a man charged at a synagogue two weeks ago
(JTA) — Police in the Ontario town where a gunman charged the Sons of Jacob synagogue on Yom Kippur are investigating antisemitic flyers distributed around the synagogue’s neighborhood..
In an Oct. 1 press release, Belleville, Ontario, police encouraged those with tips or video evidence to contact police.
“We recognize that incidents such as this can cause concern within our community,” the police said. “Hate has no place in Belleville, and the Belleville Police Service remains in contact with community leaders and are taking proactive steps to support the safety and well-being of residents.”
Police have not identified the distributor of the flyers, and no arrests have been made.
The Canadian Jewish News published photos of the flyers, which included antisemitic conspiracy theories, such as “every single aspect of the Covid agenda is Jewish” and “every single aspect of abortion is Jewish.”
Coming so soon after the attack, the flyers rattled Sons of Jacob congregant Sari Watson, 40. “It’s so incredibly concerning to see this sort of antisemitic rhetoric surface, less than two weeks after the shooting,” said Watson, who skipped attending services the night of the shooting because she was wary of the increase in antisemitic violence in Canada. “This is a sign that this sort of hatred has infiltrated the public consciousness here.”
Belleville police chief Murray Rodd has confirmed the Sept. 20 attack was deliberate.
“This was an exclusive threat to our Jewish community,” he said soon after the attack. “There is no indication there was a threat to any other population or segment of our community, and it was a hate-motivated crime.”
According to police and Ontario’s Special Investigations Unit, the shooter, identified as 29-year-old Sean Ward of nearby Quinte West, Ontario, opened fire on Const. Jeff Smith, who was stationed outside the synagogue as security. Smith, who was seriously wounded, returned fire, and another officer who arrived at the scene also fired at Ward. Ward later died of his injuries. Smith remains hospitalized.
A GoFundMe site dedicated to Smith’s recovery has raised nearly $1 million on behalf of the Canadian Jewish community.
This article originally appeared on JTA.org.
The post Antisemitic flyers turn up in Ontario neighborhood where a man charged at a synagogue two weeks ago appeared first on The Forward.
