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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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Photos: Pro-Israel counter-protesters overwhelm anti-Zionist bike rally in Philadelphia, where police arrest 3

Hundreds of pro-Israel counter-protesters gathered around Philadelphia’s Rittenhouse Square Sunday morning ahead of a bike rally targeting six Jewish-owned restaurants. There were about 300 anti-Zionist protesters and about 200 pro-Israel counterprotesters, police estimated. Rally organizers said the timing — just before the 88th anniversary of Kristallnacht, when Nazis attacked Jewish shops and homes — was coincidental.

Three people were arrested Sunday, according to police. Pennsylvania Gov. Josh Shapiro, who is Jewish, said a few hours after the crowd had dispersed, “In the midst of blatant antisemitic targeting of Jewish-owned restaurants on the anniversary of Kristallnacht, the City of Brotherly Love showed up to support our neighborhood businesses and prove once again that hate has no place in our Commonwealth.”















The post Photos: Pro-Israel counter-protesters overwhelm anti-Zionist bike rally in Philadelphia, where police arrest 3 appeared first on The Forward.

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Israel’s President Herzog tasks Gadi Eisenkot with forming Israel’s next government

(JTA) — JERUSALEM – Israeli President Isaac Herzog on Sunday formally tasked Gadi Eisenkot with forming the next government, nearly two weeks after the country held a national election and days after a majority of parliamentary factions said they would recommend Eisenkot as the next prime minister.

“Yashar Leader Gadi Eisenkot, I expect you to do everything in your power to establish a government that will serve the entire people, those who supported it and those who did not, and that will be a responsible and decent address for all sectors, faiths, ways of life, and worldviews,” Herzog said in a televised ceremony held at his residence in Jerusalem.

Eisenkot has up to six weeks to assemble a coalition, a step that typically includes at least 61 seats out of 120 in Israel’s parliament, the Knesset. If he fails to do so within that time, then the president can give another Knesset member the opportunity to form a government.

In his speech on Sunday, Eisenkot said that Israeli democracy was “at one of its most vulnerable moments.”

“The campaign to undermine the legitimacy of our democracy, together with the growing distrust in state institutions, fueled daily, has brought us to an extremely dangerous point,” he said, adding that continuing on this path Israel would reach the “point of no return.”

“The formal consultations held here, at the President’s Residence, have revealed a clear picture: an absolute majority of Knesset members, representing the Israeli public, support change and support me as prime minister,” he said.

Some 67 members of the Knesset recommended Eisenkot, a former IDF chief of staff, for prime minister during those consultations. Meanwhile, 46 members of Knesset recommended incumbent Prime Minister and Likud Leader, Benjamin Netanyahu. One faction, United Torah Judaism, with seven members of Knesset, refrained from recommending any candidate.

The consultations, Herzog said, “brought to the surface the disputes, the painful points, and of course, the multitude of voices within Israeli society and politics.”

He added that the differences “reminded us all that every citizen of Israel has an equal voice, from every side, every view, every way of life, and every faith.”

Eisenkot said he would work to bridge those divisions and attempt to form a national emergency government, even if it required “creative and unconventional political initiatives.”

For his part, Netanyahu has urged Eisenkot to join him in an emergency national unity government that will keep Israel strong against ongoing threats.

Eisenkot has responded that the “national emergency government” he will form will comprise the “four Zionist parties” of the change bloc – his own Yashar Party, B’Yachad headed by former prime ministers Naftali Bennett and Yair Lapid, Avigdor Liberman’s Yisrael Beitenu Party and the Democrats under Yair Golan.

He also said he would welcome “parties and Knesset members who support Yashar’s four principles” to join the coalition.

At the President’s Residence in Jerusalem on Sunday, Eisenkot said he would be sending out formal invitations as soon as possible “to every Knesset faction, calling on all their members, both as parties and as individuals, to take part in forming the government and bringing it to its swearing-in.”

“The rule is simple,” he added. “If you are prepared to sign on to the four principles I have set out, you are potential partners in a national emergency government under my leadership.”

Throughout his campaign, and particularly since the Oct. 27 election, Eisenkot has emphasized these four principles as the basis for forming the next government.

1)    Recognition of the State of Israel as a Jewish and democratic state.

Eisenkot wants to define his coalition as a government that is committed to Israel’s Jewish national identity and to democracy, not simply an alliance united by opposition to Netanyahu.

Any party wanting to join must accept Israel’s identity as the national home of the Jewish people first. The requirement has historically been contentious for Israel’s two Arab parties, who represent 19 Knesset members.

Parties must also accept the country’s democratic institutions, which uphold equality and rights for all citizens and prioritize the rule of law.

This means parties, such as the far-right and the ultra-Orthodox, that, as members of the outgoing government, have been pushing to overhaul the country’s judiciary – a key institution in Israel’s system of democratic checks and balances – might think twice about joining.

2)    Acceptance of the values of the Declaration of Independence.

Israel’s Declaration of Independence, proclaimed and signed on May 14, 1948, is a foundational document that has helped shape the country’s constitutional principles, although Israel does not have a single, formal written constitution.

In it, the signatories laid out their vision for Israel, including the historical ties the Jewish people have to the land of Israel and its place as a safe haven for Jews around the world who are in trouble.

For Eisenkot, the emphasis appears to be on one particular section that declares: “The State of Israel will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its citizens,​​ irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; and it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.”

By embracing the Declaration of Independence, Eisenkot is recognizing the place of Israel’s minority groups, highlighting their “full and equal citizenship.” A point mentioned twice in the declaration.

The declaration also reaffirms that Israel is a country seeking peace, rather than endless conflict, at a time when Netanyahu has recently been criticized over his handling of the country’s wars on multiple fronts.

3)    Mandatory service for all — military, national, and civilian, to strengthen the IDF and expand its ranks.

Including this condition for joining the government is a direct message to the ultra-Orthodox parties, at least one of which is considering supporting Eisenkot’s coalition.

United Torah Judaism, which has been aligned closely with Netanyahu’s bloc for at least the past two decades, on Thursday refused to recommend the prime minister as Israel’s next leader. Instead, the party, which holds seven seats, abstained from recommending any candidate.

Both UTJ and the second ultra-Orthodox party, Shas, have resisted efforts that would include ultra-Orthodox young men studying in yeshiva under a universal draft law requiring all eligible Israelis to perform military service.

Previous exemption laws have expired, and Israel’s Supreme Court has ruled that the state’s blanket exemption of yeshiva students from military service has no legal basis and violates principles of equality before the law.

By including this condition, Eisenkot is telling the ultra-Orthodox – and even the Arab community, most of whose members are also exempt from mandatory military service – that everyone in Israel must do their part, whether through military service or some type of national or community service.

This stipulation could either keep the ultra-Orthodox out of the government, even though Eisenkot’s partners have expressed willingness to allow their participation. Or it could force them to be more flexible on an issue that until now they have appeared unrelenting.

4)    Recognition of Hamas as a terrorist organization and commitment to dismantling its military and governing power.

Leaders of the two Arab parties, the Islamist Ra’am Party and the more nationalist Joint List, have refused to make this statement out loud.

Ra’am leader Mansour Abbas, who has repeatedly condemned the Oct. 7 attack, has said he does have a clear position on this but refuses to state it publicly for several reasons ranging from concerns about his personal safety to his ties to the Muslim Brotherhood, to which Hamas is also affiliated. He has also questioned why Arab politicians are required to pass loyalty tests that are not applied equally to Jewish politicians.

When President Herzog pressed him on the matter last week, Abbas said: “I have an unequivocal answer, but leave me space to be a bridge. To also influence the other side.” He argued that maintaining channels of communication with Palestinians requires him not to adopt language that would immediately alienate them.

For the Joint List, the continued refusal to call Hamas a terror group appears to reflect the view that Hamas is part of the broader Palestinian political movement. Some of its members argue that labeling it a terrorist organization risks delegitimizing Palestinian political aspirations as a whole.

Members of the 11-member faction have condemned the Oct. 7 massacre, but are unlikely to accept this particular condition because it could be used to justify Israel’s military campaigns in Gaza and the West Bank. Its leaders also want to preserve their credibility among Palestinian voters, many of whom see the conflict through the lens of occupation and Palestinian national rights.

This article originally appeared on JTA.org.

The post Israel’s President Herzog tasks Gadi Eisenkot with forming Israel’s next government appeared first on The Forward.

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Boy George’s Tel Aviv concert was not perfect. For the crowd, that was beside the point

(JTA) — TEL AVIV — Sound problems, guitar trouble and an admission of forgotten lyrics punctuated Boy George’s second Tel Aviv show Saturday night. But the British pop star, irreverent, occasionally exasperated and frequently hilarious, could hardly have asked for a more forgiving audience.

At 65, the Culture Club frontman is no longer the chart-topping phenomenon of the 1980s. Although plenty of those who filled Menora Mivtachim Arena were old enough to remember his heyday firsthand, his appeal went well beyond nostalgia.

At a time when international stars have largely stayed away from Israel, George has become one of the country’s most outspoken supporters, enduring considerable backlash from within the music industry for his refusal to remain silent over the Oct. 7 Hamas attack.

“Silence is not a f—ing option,” he said to thunderous applause.

Saturday’s concert, the second of two nearly sold-out performances following Wednesday’s show at the same venue, was dedicated to survivors of the Nova music festival massacre and bereaved families, with 1,500 tickets donated to members of the community. Israeli DJ and producer Ofer Nissim joined George onstage in the second half, bringing a dance-club element to an evening that mixed Culture Club classics, covers and newer material.

His habit of mocking himself and mimicking others repeatedly drove the crowd to laughter, turning interruptions that might have derailed a slicker performance into part of the entertainment.

The banter ranged from wisecracks about technical glitches to personal reflections on the hostility he has encountered over his support for Israel. When a guitar failed to produce any sound, he appeared mildly irritated, telling the crew, “You have to plug things in, you know.”

“This is a weird moment,” he added, before smiling and continuing, “but this whole night has been a weird moment.”

Introducing his cover of Bob Dylan’s “It Ain’t Me, Babe,” he explained that he had attempted it on Wednesday but forgotten the lyrics. “Luckily, this time I have autocue,” he said, breaking into his trademark laugh.

As for his detractors around the world, he made clear that he had little interest in winning them over.

“I’m 65. It’s too late to hate me, I don’t give a s–t,” he told the audience.

The one person’s opinion that mattered to him, he said, was his late mother’s. Recalling an Irishman who had suggested that his Irish mother would be ashamed of his support for Israel, given Ireland’s strong sympathy for the Palestinian cause, George was defiant.

“I can tell you categorically my mother will be more proud of me than she’s ever been,” he said.

In another characteristically unpredictable diversion, George dedicated his solo release “Clouds” to Philip Sallon, a longtime Jewish friend and influential figure in London’s club scene who helped introduce him to Jewish traditions when he was young.

The two have since fallen out. “He hates my guts right now,” George said, asking anyone who knew Sallon to tell him that he had sung the song for him in Israel as an act of forgiveness, “as a mitzvah.”

But the evening’s most emotional moments belonged to “We Will Dance Again,” the song George released in July about the Nova attack. Its lyrics explicitly reference the atrocities committed on Oct. 7, criticize fellow musicians for their silence and challenge accusations of genocide against Israel.

George’s eight-day visit included a meeting with President Isaac Herzog and a trip to the Nova massacre site near Kibbutz Re’im, where Hamas terrorists murdered more than 360 festivalgoers on Oct. 7, 2023.

Having visited Israel many times before, he told the audience that this trip had affected him differently. He also appeared uneasy about the gratitude being lavished on him.

“It’s awkward for me as an outsider to be in the midst of this amazing recovery and sadness,” he said.

Survivors of the Nova massacre and relatives of those murdered joined George onstage carrying Israeli flags for “We Will Dance Again.”

George, having changed into a colorful, geometric-print suit and rhinestone-studded black hat, performed the reggae-inflected song about one of the most traumatic events in Israeli history while embracing the survivors and bereaved relatives beside him.

At one point, he seemed close to tears. “I’m going to cry,” he said.

But even the solemnity didn’t last long. When George invited one of the bereaved women to address the crowd, she demurred because she didn’t speak English.

“I’ve never met a Jewish person who doesn’t have anything to say,” he joked, drawing laughter and applause from the crowd.

In the audience, people swayed to lyrics that included an explicit reference to girls raped against trees. Kay, a singer from Tel Aviv, remained seated, tears in her eyes.

“I can’t dance to that,” she said.

Yet she was deeply moved by George and the atmosphere surrounding the performance, and was untroubled by its hiccups.

“It doesn’t have to be perfect. It just has to be human, and that’s what connects us,” she said.

Tammy, a 60-year-old dance instructor who regularly plays Culture Club songs in her classes, hadn’t initially intended to attend. But after seeing footage of George’s Wednesday performance, she changed her mind.

“I saw the clips on social media and was jealous of people who went,” she said.

Lavie, a 24-year-old Israeli-born performer who divides his time between New York and Los Angeles, had never heard of Boy George before the singer began making headlines in Israel. He started studying his music ahead of the concert, hoping to learn from the veteran entertainer’s stagecraft.

“I learned a lot,” he said toward the end of the performance. “What impressed me most was how he handled all the glitches with grace and humor.”

Not everyone was quite so impressed.

Daniel, a Jaffa resident originally from Los Angeles, was scathing about the musical performance and even more critical of the audience’s reaction.

“Everyone was off-key, and it was just awful,” he said. “But what bothered me most was the crowd’s desperate need for approval.”

“We need a national therapy session to counter our neediness,” he added.

George saved “Karma Chameleon,” the 1983 hit that made him a household name around the world, for the finale. By then, the show had stretched to roughly two and a half hours, but thousands of people were still on their feet.

George contrasted the atmosphere in Israel with London, which he described as “full of anxiety and tension.”

“It feels so relaxed here,” he said. “I don’t want to go home.”

This article originally appeared on JTA.org.

The post Boy George’s Tel Aviv concert was not perfect. For the crowd, that was beside the point appeared first on The Forward.

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