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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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Mamdani concedes he can’t arrest Netanyahu but urges U.S. to enforce International Criminal Court warrant

New York City Mayor Zohran Mamdani announced Tuesday night that a legal review he ordered found he does not have the authority to arrest Israeli Prime Minister Benjamin Netanyahu when he visits the city, putting to rest a question that has repeatedly surfaced since he first vowed to take custody in light of an International Criminal Court order for Netanyahu’s arrest.

In the two-minute address posted on his official social media accounts, Mamdani opened by declaring “Benjamin Netanyahu is a war criminal, the architect of a horrific genocide against the Palestinian people” but acknowledged the legal limits that prevent him from following through on his pledge, which had become a rallying cry for his pro-Palestinian supporters. (The use of the term “genocide” to describe the Gazan death toll in the Israel-Hamas war remains contested.)

“My administration has reviewed every avenue available under applicable law to determine whether New York City could execute the International Criminal Court’s arrest warrant if Benjamin Netanyahu came here,” Mamdani said. “It is clear that we do not have the independent legal authority to enforce this one.”

The United States does not recognize the court’s authority over American citizens or foreign nationals on U.S. soil, and local authorities have no power to execute such a warrant. U.S. law gives the federal government control over foreign policy, and heads of state traveling to the United Nations are protected by diplomatic immunity.

The announcement ended days of speculation and fierce backlash over one of his most controversial campaign promises after comments he made when asked about his arrest vow in an interview with The New York Times reignited the issue. “If someone is charged with a warrant from the International Criminal Court for these types of crimes, that’s something I believe should be honored,” Mamdani told reporters on Monday.

Mamdani, who rose to power aligned with pro-Palestinian activism, has been unapologetic about his anti-Zionist views. He came under fire during the mayoral race last year for defending the slogan “globalize the intifada,” used by some at the pro-Palestinian protests and perceived by many as a call for violence against Jews, and repeatedly said he’d arrest the Israeli leader over the conduct of the war in Gaza.

Netanyahu’s representatives in the U.S. responded angrily to Mamdani’s move, calling him “an antisemite” and accusing him of attacking Israel to cover up for political failure.

On Tuesday night, Danny Danon, Israel’s ambassador to the United Nations, responded on social media: “Zohran Mamdani, ENOUGH. Enough with the blood libels. Enough with the attacks on Jewish organizations. Enough with the outreach to the Iranian regime. You were elected to serve New Yorkers, not Hamas’ propaganda. Do your job!”

Tuesday’s video mirrored the Nakba Day video produced by his City Hall media team commemorating the displacement of Palestinians during Israel’s founding in 1948, which drew sharp criticism from Jewish and Zionist organizations. But it also highlighted the tension that has defined Mamdani’s first six months in office: balancing the activist politics that propelled him to City Hall with the legal limits and governing responsibilities of leading the city with the largest Jewish population outside Israel.

In his address, Mamdani said that while the city had exhausted its legal options, the federal government had not. He urged the Trump administration to join the International Criminal Court and enforce its arrest warrant for Netanyahu. President Donald Trump, writing on Truth Social on Monday, reassured Netanyahu that he “will not be arrested, in any way, shape, or form, while in the United States of America.”

Mamdani concluded that Netanyahu “is not welcome in New York City” and said New York leaders can choose not to remain silent to defend Palestinian human rights. “That is my commitment to you,” he said.

The post Mamdani concedes he can’t arrest Netanyahu but urges U.S. to enforce International Criminal Court warrant appeared first on The Forward.

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Democratic socialist rails against AIPAC in uphill primary bid against pro-Israel incumbent in Arizona

(JTA) — Kai Newkirk, an activist and democratic socialist, has made Israel and AIPAC a focal point in his effort to unseat pro-Israel Rep. Greg Stanton in Tuesday’s Arizona Democratic primary.

“I’ve been arrested over 25 times in civil disobedience — and I’ll go to jail for justice again before I ever take a dime from AIPAC,” Newkirk wrote on X last week, referring to the American Israel Public Affairs Committee.

Newkirk, 45, whose organizing has largely focused on campaign finance reform, has repeatedly blasted Stanton’s support from the pro-Israel lobbying group. He has also accused the Israeli government itself of “trying to interfere in our elections,” including in Arizona’s 4th Congressional District where he is running and which covers parts of Phoenix and Maricopa County.

He pointed to a $45 million text message campaign to improve Israel’s image in the U.S. as a sign of such interference, and posited that “they may be targeting areas where AIPAC is more invested or where these issues are more at stake.”

The primary comes as a number of left-wing congressional candidates with sharply critical Israel stances have won the Democratic nomination around the country, and as Israel and AIPAC grow increasingly unpopular among Democratic voters.

The most recent poll on the Arizona race, commissioned by a group that favors Newkirk, had Stanton up by 8 percentage points, while another poll, conducted two weeks earlier by a group favoring Stanton, showed the incumbent ahead by 33 points.

Newkirk’s platform includes ending all military aid to Israel and imposing an arms embargo on the country, which he accuses of genocide.

Stanton, 56, a four-term incumbent, voted against Kentucky Rep. Thomas Massie’s amendment to cut military aid to Israel last week. Newkirk criticized Stanton, saying that he would have voted for the amendment, and suggested that Stanton’s vote was the result of his support from AIPAC.

“Greg Stanton has taken over $300K from AIPAC,” Newkirk wrote. “And today — as so many Americans in our district and across the country struggle to get by — he just voted to send billions more of our tax dollars to Israel to fund their war crimes and genocide. Disgraceful.”

Among AIPAC’s endorsees in Congress, more than a dozen voted to cut aid to Israel last week; AIPAC has since removed the option on its website to donate to those candidates.

Stanton explained his vote on X, saying that the amendment “would undermine America’s ability to counter real threats from Iran” and weaken the ability to promote long-term stability across the region. He also criticized Israeli Prime Minister Benjamin Netanyahu and wrote that “clear change is necessary” as the U.S.-Israel security agreement, which includes $3.8 billion in annual military subsidies for Israel, nears its expiration in 2028.

Newkirk is endorsed by progressive groups such as Our Revolution, Track AIPAC and the Progressive Democrats of America.

Also among Newkirk’s endorsers is Cenk Uygur, the host of the Young Turks who has spread conspiracy theories about Israel. “Kai is Israel Free and has fought to get money out of politics his whole life,” wrote Uygur last month.

Newkirk has faced turbulence in establishing broader support.

The Young Democrats of Arizona pulled its endorsement of Newkirk earlier in July, writing that it had been “made aware of some concerning patterns of behavior” displayed by Newkirk, without specifying what it meant.

Newkirk did not respond to the Jewish Telegraphic Agency’s request for comment. After the Young Democrats of Arizona retracted its endorsement, Newkirk wrote that the withdrawal of the endorsement was based on a false report amid “a wave of wins by democratic socialists” and called it a “weaponization of … disavowed misinformation.

Newkirk did speak out against last year’s killing of two Israeli Embassy staffers outside the Capital Jewish Museum in Washington, D.C. “I stand always with my beloved Jewish siblings against the scourge of antisemitism just as I will never stop in the nonviolent struggle to end the genocide in Gaza, release all hostages, and open the way to just, lasting peace,” he said.

The post Democratic socialist rails against AIPAC in uphill primary bid against pro-Israel incumbent in Arizona appeared first on The Forward.

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Ed Miliband, Britain’s new Jewish foreign secretary has a long history of support for — and disagreement with — British Jews

(JTA) — Tapped to become Britain’s new foreign secretary, Ed Miliband said he would strive to honor the memories of his Holocaust refugee parents.

“My parents came to Britain as Jewish refugees from the Nazis,” Miliband tweeted just hours after Prime Minister Andy Burnham named him to the post. “To them, Britain was both a sanctuary and a beacon of hope in the global fight against fascism. I will carry my parents’ faith in that spirit of Britain to my role representing our country.”

The appointment by the new prime minister positions Miliband as the highest-ranking Jewish official in the British government, assuming a role once held by his older brother David and at a time when questions of the country’s relationship to Israel are a pressing priority. Miliband has long decried antisemitism, including within his own party, and is also known as a critic of Israeli Prime Minister Benjamin Netanyahu.

Among the priorities facing the office is whether Britain should move forward with an effort to ban imports from West Bank settlements, which has support across the political spectrum, and how to handle surging anti-Israel and anti-Jewish violence that authorities say has been orchestrated by actors abroad.

Ed Miliband led the Labour Party when it was in opposition from 2010-2015; his brother was among the candidates he bested in the party’s 2010 leadership race.

He has said he has no Jewish practice or formal education and that his parents favored politics over religion. His mother, Marion Kozak, who died last month, was an early supporter of Jews for Justice for Palestinians, a British group, but ceased speaking out publicly as her sons ascended in British politics.

David Miliband, now the president of the International Rescue Committee, has also said his career choices stem from the suffering their parents endured as Jewish refugees.

Ed Milliband’s stances on Israel have caused consternation among British Jewish groups in the past. In 2014, he led his party in a symbolic vote to recognize a Palestinian state and also criticized the toll of Israel’s operations during that year’s Gaza war.

“I defend Israel’s right to defend itself against rocket attacks,” he said then. “But I cannot explain, justify or defend the horrifying deaths of hundreds of Palestinians, including children and innocent civilians.”

He also told the Jewish News at the time that he did not eschew the “Zionist” label.

“I am proud to be Jewish,” he said. “I’ve no issue with people calling me a Zionist.” He described Israel as “the homeland for the Jewish people.”

The Board of Deputies of British Jews and the Jewish Leadership Council said they recognized Miliband’s overall support of Israel, but also chided him for his comments about the Palestinian civilian death toll. “These comments regrettably ignore the ideology of Hamas, the psychology of Hamas, the actions of Hamas and thus the reality faced by Israel,” they said then in a joint statement at the time.

Miliband was succeeded as Labour Party leader by Jeremy Corbyn, whose strident pro-Palestinianism and perceived insensitivity to Jewish sensibilities marked the worst relations between the party and the Jewish community in decades.

Miliband was cautious about criticizing his successor but made clear his unhappiness with how Corbyn was handling the antisemitism charges in 2018 when he took the organized Jewish community’s side in lambasting the party leadership for rejecting a definition of antisemitism that includes some forms of anti-Israel rhetoric and activity.

“Labour should adopt the full IHRA definition,” he said then, referring to the International Holocaust Remembrance Alliance. “The argument that it is somehow incompatible with criticizing the actions of the Israeli government is wrong. The views of the vast majority of the Jewish community are very clear.

Miliband condemned Hamas’ Oct. 7, 2023, attack on Israel, but also persisted as one of Labour’s most forceful critics of Israel’s government.

During the 2024 general election campaign, he called Oct. 7 “an appalling terrorist atrocity,” saying, “We in the Labour leadership are completely committed to the security for the people and security for the state of Israel.”

However, he added that “the continuing Israeli action in Gaza is not either beneficial now for Israel, or for the people of Gaza.”

One of the first questions Miliband will face is how he will handle relations with U.S. President Donald Trump, who is famously averse to people who have criticized him in the past. “These are dark days for America and the world,” Miliband wrote in 2017, as Trump assumed his first term of office. The same year, Miliband also said Trump had “lowered the bar for idiocy.”

The post Ed Miliband, Britain’s new Jewish foreign secretary has a long history of support for — and disagreement with — British Jews appeared first on The Forward.

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