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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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In the Michigan Senate race, Jews should (and will) vote for democracy
Michigan Jews are feeling the ground shifting beneath us. For the first time, the Democratic candidate to represent Michigan in the United States Senate is not an advocate of unconditional support for Israel’s government. And he is one of a growing number of progressive leaders pushing the Democratic establishment to fight for the values it claims to stand on.
Many in our communities hoped for a different outcome in yesterday’s primary and feel destabilized by the shifting political terrain. Others feel hopeful, for the first time, of being represented on the electoral stage. Moving into the general election, when the stakes are so high, I would like to refocus the conversation on our shared values.
When I cast my ballot Tuesday, and when I cast it again in November, I do so with the wisdom of Pirkei Avot 1:18 in mind: on three things does the world stand — on justice, on truth, and on peace, as it is said: “execute the judgment of truth and peace in your gates” (Zechariah 8:16). Rabban Shimon ben Gamaliel and others of his generation were building communities out of the rubble of the Temple’s destruction. They asked themselves, as they rebuilt: what are our core principles? What values need to sit at the center of this new order? Out of the wreckage, what new world will we create?
Let those three pillars be our voting guide.
Din — Judgment. Who will fight for fairness? Who is beholden to corporate interests and who will stand for economic equality? A candidate’s record on wages, on housing, on the right to organize — these will show commitment to justice.
Emet — Truth. Who tells us the truth, even when it costs them? In the words of former Rep. Andy Levin, we are looking for “authenticity, bravery, and truth-telling.” Who can help to rebuild trust in our public servants and institutions?
Shalom — Peace. Which candidate will challenge the military-industrial complex? Who will work to reduce war and violence in our world, rather than fund more of it? At home and abroad.
In this election, we have an unusually clear lens for understanding a candidate’s values: immigration enforcement. Immigration and Customs Enforcement — ICE — is where our society’s authoritarian drift is most visible and most violent. So as we lean on the pillar of Shalom to consider candidates, we can ask a direct question: is this someone who will bakesh shalom v’radfehu — seek peace and pursue it — for the people in ICE’s crosshairs? Or will they support the expansion of a paramilitary force into our schools and neighborhoods?
Justice, Truth and Peace — these are the values upon which “the world stands.” But what does it mean for the world to stand? A classic rabbinic commentary interprets this as the preservation of human society. Which candidate will protect the environment, will put people over profit, will choose the survival of our communities over the balance sheet of the insurance, arms and oil industries? By this measure, the idea that Jews who want unconditional aid for Israel should therefore vote for a candidate who would strip away abortion rights, gut health care, and undermine the basic machinery of democracy is, to use a technical term, cuckoo banana-cakes.
And then there is the issue of antisemitism. My teacher Rabbi Mordechai Liebling explains that on the left, antisemitism is a bug and not a feature — a problem that can be and must be addressed. On the right, antisemitism is a foundational worldview. The real threat to American Jews is the far right. It’s they who promulgate conspiracy theories and it’s they who deploy ICE into our communities to kidnap our neighbors.
I personally think that Dr. El-Sayed is not antisemitic — certainly not any more than the general population. But I don’t need to convince you of that. What I hope you’ll hear is that Abdul is someone with whom we share core values — that he is someone the Jewish community can work with. What I hope you’ll hear is that a liberal-fascist coalition is out of the question, and that a liberal-left coalition is the only path forward. In November, we will elect a politician who will work with the people and not against us. Our loyalty is not to any party, but to the movement for a true democracy — and to the leaders who will work with us to advance it.
The ground doesn’t have to shift beneath us; we can be a part of moving that ground, of redrawing the politics of the possible. May Zechariah’s vision of justice, truth and peace come to pass, speedily and in our days, and may we merit to help make it so.
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On El-Sayed, Michigan’s Jewish Democrats aren’t all ready to unite behind nominee
Following Abdul El-Sayed’s narrow win of the Democratic nomination for Michigan’s open Senate seat, the state’s Jewish Democrats are reflecting on whether the divisions El-Sayed’s candidacy brought to the fore can be bridged before November.
Jewish voters make up just 1.4% of the electorate in Michigan. But the community had become deeply invested in the race, with Jews both in fierce opposition and fiery support of El-Sayed in an election that had become a proxy fight over the Gaza war and the U.S.-Israel relationship.
Jewish former Michigan congressman Andy Levin, who had endorsed El-Sayed, believes Democrats will get behind the nominee in the interest of defeating Republican Mike Rogers — a race that could determine which party controls the Senate. Pre-primary polls found Rogers leading El-Sayed by single digits.
“Shame on any Jewish Democrat if they’re going to go vote for Mike Rogers and put our democracy at risk because they can’t find their way to supporting Abdul El-Sayed, who is such a brilliant person, just because he doesn’t share their exact beliefs on Israel and Palestine,” Levin told the Forward. “That’s ridiculous.”
Levin lost his Senate seat to Rep. Haley Stevens after heavy spending against him by AIPAC, the campaign fundraising group advocating for unrestricted U.S. aid to Israel. An AIPAC-associated super PAC spent some $32 million in a failed attempt to get Stevens the Senate nomination.
Stevens endorsed El-Sayed for the general election Wednesday morning. But some Jews who voted for Stevens see no possibility for reconciliation. Rabbi Asher Lopatin of the modern Orthodox synagogue Kehillat Etz Chayim in suburban Detroit had endorsed Stevens in the primary, alarmed by El-Sayed’s association with the controversial Twitch streamer Hasan Piker and condemnation of Israel as a genocidal and apartheid state.
In a TV interview Wednesday, El-Sayed used the term “bloodthirsty” to describe Israel.
“To have so many people vote for someone who is so hurtful to the Jewish community, the things that the Jewish community values — I think it’s depressing,” Lopatin told the Forward.
Lopatin has made up his mind that he will not vote for El-Sayed in the general election, but he also isn’t yet sold on Rogers, the Republican nominee.
“I have to study him more,” Lopatin said. “But I will not vote for Abdul El-Sayed, definitely, and I would tell people they should not.”
Lopatin said he wishes Stevens would condemn El-Sayed rather than endorse him.
Still, others see El-Sayed as the best candidate to face Rogers in the general — and don’t want him to pull back on the issues that won him the nomination. Barbara Weinberg Barefield, a photographer outside Detroit who helped organize the group Jews for Abdul, said she has confidence El-Sayed will win the general — attributing the close primary race partly to the influence of outside money supporting Stevens.
“He was able to win this election in the face of close to $70 million of outside funding going to bolster his opponent,” Weinberg Barefield said. “This election is showing us, and elections around the country are showing us, that elections are not to be bought — they’re to be earned.”
Roslyn Schindler, a retired professor who taught Holocaust studies at Wayne State University, was also among El-Sayed’s Jewish supporters, even as she disagreed with him on his lack of support for a two-state solution. She stressed the importance of beating Rogers in November irrespective of disagreements on Israel.
“My motto is and will be: vote blue, no matter who,” Schindler told the Forward. “I am hoping that all Democrats realize that to do otherwise will be self-destructive and just plain wrong.”
Others are taking a wait-and-see approach. Decky Alexander, chair of the Michigan Democratic Jewish Caucus — which endorsed Stevens in the primary — isn’t issuing an endorsement in the general election yet.
She said the close margin El-Sayed won by, about 15,000 votes, gives her hope that El-Sayed will see the need to unify his party. A start, she said, would be focusing less on AIPAC during his general election campaign.
“There’s a lot of opportunity on Abdul’s side to be a better bridge maker versus kind of a bridge burner,” Alexander told the Forward. “The cards are his. It’s his responsibility to initiate.”
In his election night speech, El-Sayed didn’t mention AIPAC by name, instead speaking more generally about getting money out of politics.
On Wednesday, he addressed Jewish Michiganders directly: “I want you to know that my commitment to your safety, my commitment to Jewish safety, is the same commitment that I have to the safety of my own daughters.”
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‘The Yiddish Teacher’ (Poem)
One thing about the late Forverts staff writer and critic Miriam Hoffman — she cooked a heavenly eggplant in tomato sauce.
And why do I know this about one of our writers? Hoffman, a veritable lexicon-caldron of Yiddish sayings and terms she’d archived from her own mother’s distinct poylish dialect, was many things: A distinguished long-term professor of Yiddish at Columbia University; a theater critic turned playwright who turned the New York Public Theatre’s founding director Joseph Papp into a serious supporter of Yiddish culture; a child survivor of Siberian exile, and so much more.
As she encountered immigrant American life in da Bronx, the tiny dynamo that was Hoffman delighted in becoming American, freely advising everyone on the best consumer goods this country had to offer. A country that was a home and refuge to her, her parents, her husband and so many in her vast circle of Yiddishist friends, students, fellow writers, educators and chosen family. And then, once upon a time, she welcomed me into her Florida home for an overnight stay, so that I could record her jaw-dropping tales of how she and her beloved mameloshn Yiddish both survived the khurbn, the Holocaust. And talk into the video camera she did.
But first, there was lunch.
Rest in all your ferocious deliciousness, Miriam Hoffman, and thank you. For the eggplant, the advice on the best toothpaste, the stories — and for doing everything, everything, everything possible, to transmit your Yiddish to another generation.
The Yiddish Teacher
The Yiddish teacher bending saying:
In my book you’ll learn
the alefbeys through pictograms like so:
The gimel is a camel
The beys a house
You see?
The Yiddish teacher has an archive
in her bedroom closet
The folding doors open revealing:
shoeboxes filled with
stories and
poems and
songs she
wrote as a child
in the displaced persons camp
on paper donated to Jewish refugees
The Yiddish teacher was once
seated in back
of a transport truck
with all the other refugees
Trying to go over the Swiss Alps
to Mandate Palestine
The Yiddish teacher was born
in a Siberian prison camp
“people were starving, sure,
but there was sex”
The Yiddish teacher was the only
woman writer on staff
at the Forverts Yiddish newspaper
The Yiddish teacher remembers
the first time her family ate
Chef-Boy-Ar-Dee spaghetti and
meatballs
from a can
in the Bronx
We go shopping together
The Yiddish teacher loves Rao’s tomato sauce
“it’s the best”
The Yiddish teacher recommends
“Mavis Toothpaste”
It’s the best
The Yiddish teacher loves to
go fly fishing
The Yiddish teacher is short and slim
and round
I think
if I cup my hands together
I can
carry her around always
— Chana Pollack
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