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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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Cooper Union settles antisemitism case with 10 Jewish students who were barricaded in library after Oct. 7
(JTA) — The Cooper Union has settled a Title VI case of antisemitic discrimination dating back to a highly publicized incident in which Jewish students were trapped in a school library by protesters after the Oct. 7, 2023, attacks.
The Manhattan engineering college has agreed to pay an unspecified sum to 10 affected Jewish students, create a Title VI coordinator position who will monitor cases “including discrimination or harassment based on antisemitism or anti-Zionism,” and ban masks at protests.
“This landmark settlement is the result of the extraordinary courage of the students who came forward to demand accountability from Cooper Union,” Ziporah Reich, an attorney with the pro-Israel legal group The Lawfare Project, said in a statement announcing the settlement. The Lawfare Project sued the school on behalf of the Jewish students.
Reich’s statement continued, “Jewish students deserve to learn without being targeted, harassed, or excluded because of who they are or what they believe. This case sends a clear message that universities have a legal duty to protect them and will be held accountable when they fail to do so.”
In a statement, Cooper Union’s president Steven W. McLaughlin said the settlement “reflects our ongoing commitment to maintaining a campus where every student in our community feels respected, safe, and included.”
McLaughlin, who became president last year following the resignation of the school’s previous president, continued, “We are dedicated to continuing our efforts to confront discrimination of any kind, including antisemitism, and to fostering a productive culture of curiosity and compassion. Settling this litigation is an important step as we move forward.”
Cooper Union Hillel/Midrash, a student-run Jewish organization that several of the plaintiffs belong to, did not immediately return a request for comment.
In the immediate weeks after Oct. 7, The Cooper Union was one of the first colleges thrust into the national spotlight for alleged antisemitic behavior on campus. Viral video showed Jewish students having barricaded themselves in the campus library for 20 minutes while pro-Palestinian protesters pounded on the doors and shouted slogans.
Under President Joe Biden, the Department of Education opened a Title VI civil rights investigation into the school. The Jewish students separately sued the school over their treatment, a suit The Cooper Union attempted to have thrown out. Last year a judge ruled the lawsuit could continue.
The settlement comes as the Trump administration has more aggressively prosecuted other elite colleges for fostering antisemitic environments, freezing federal grants and forcing large payouts. It also comes days after New York City’s new mayor, Zohran Mamdani, reversed an executive order for the city to adopt the International Holocaust Remembrance Association’s definition of antisemitism.
As part of The Cooper Union’s settlement, the private school’s new Title VI coordinator “will implement all applicable guidance” established under Biden to consider IHRA in discrimination cases, the school’s statement said.
The post Cooper Union settles antisemitism case with 10 Jewish students who were barricaded in library after Oct. 7 appeared first on The Forward.
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Following pressure from Jewish leaders, Australian PM Anthony Albanese announces inquiry into Bondi attack
(JTA) — Australian Prime Minister Anthony Albanese announced on Thursday the launch of a Royal Commission inquiry, the country’s highest level of inquiry, into the antisemitic terrorist attack on Bondi Beach last month.
The wide-ranging inquiry will also investigate the “nature and prevalence of antisemitism” in the country, provide recommendations to law enforcement to combat antisemitism and counter the “spread of ideologically and religiously motivated extremism in Australia,” according to a press release from the Prime Minister’s office.
“I’ve repeatedly said that our government’s priority is to promote unity and social cohesion, and this is what Australia needs to heal, to learn, to come together in a spirit of national unity,” Albanese told reporters on Thursday. “It’s clear to me that a royal commission is essential to achieving this.”
The announcement of the inquiry comes weeks after two attackers motivated by “Islamic State ideology” killed 15 people and injured dozens more at a Hanukkah celebration in Sydney. Until now, Albanese had largely dismissed mounting pressure from the victims’ families as well as Jewish groups to launch a Royal Commission.
“I’ve listened, and in a democracy that’s a good thing. To listen to what people are saying and what people are saying is, yes, we’re concerned,” Albanese told reporters. Last month, Albanese also announced a review of federal intelligence and law enforcement agencies.
In the government’s press release, it also pointed to its previous actions in the wake of the attack, which have included tightening gun ownership laws and introducing legislation to curb hate speech.
The president of the Executive Council of Australian Jewry, Daniel Aghion, said that the Australian government had “made the right decision” in establishing the royal commission in a statement.
He added that the group expected the commission to “allow an honest examination of government policies and the conduct and policies of key institutions and figures in major sectors of our society in contributing or failing to adequately respond to the unprecedented levels of antisemitism in Australia over the past two years or more.”
He added, “This is the only way that Australia’s time-honoured standards of decency and fairness can be upheld.”
The inquiry will be led by former High Court judge Virginia Bell, whose appointment raised concerns among some Jewish leaders in Australia who pointed to her role in a ruling that was cited by the New South Wales Supreme Court’s decision to overturn a ban on a pro-Palestinian march in August, according to the Sydney Morning Herald.
“The Prime Minister has been told directly by leaders of the Jewish community that they have serious concerns about this appointment,” said former treasurer Josh Frydenberg in a post on X. He did not elaborate on his opposition to Bell in the post.
Following the attack, Albanese also invited Israeli President Isaac Herzog to visit Australia. While the invitation was welcomed by the Executive Council of Australian Jewry, some Labor party members and progressive Jewish groups called for Albanese to rescind his invitation.
The announcement of the inquiry comes as Gefen Bitton, an Israeli living in Australia who was critically injured while trying to confront the Bondi attackers alongside Ahmed al-Ahmed, was slated to be flown to Israel on Wednesday for continued medical treatment.
It also comes as al-Ahmed, a Muslim man who received widespread support from the Jewish community after he was shot while disarming one of the attackers, was feted in New York City by the Chabad movement, whose emissaries were holding the Hanukkah event and were among the dead. Al-Ahmed arrived in New York City on Tuesday where he visited the Ohel, the gravesite of the Chabad-Lubavitch movement’s late leader Rabbi Menachem M. Schneerson, before being honored at a gala recognizing defenders of the Jews.
“Ahmed did what he did that day because he believed that God placed him at the scene for a reason, and that’s what gave him the strength to save lives,” Rabbi Yehoram Ulman, whose son-in-law, Rabbi Eli Schlanger, was killed in the attack, told Chabad.org. “This is something people from all walks of life can and must learn from.”
The post Following pressure from Jewish leaders, Australian PM Anthony Albanese announces inquiry into Bondi attack appeared first on The Forward.
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Trans screenwriter Our Lady J condemns anti-Zionism in LGBTQ spaces: ‘Zionism is not a dirty word’
(JTA) — Prominent transgender writer, actress and producer Our Lady J took aim at anti-Zionism within the LGBTQ community in a post on Instagram Tuesday.
“Until the LGBTQ community distances itself from all forms of antisemitism, including antizionism, our allies will continue to fall away, and we will remain defenseless in the face of attack,” wrote Our Lady J in the Instagram post.
The post, which at some point had its comments turned off, has ignited controversy in queer spaces, where anti-Israel sentiment has prevailed in recent years. “Check out Our Lady J’s Zionist page and unfollow them on Instagram,” wrote one user on X, while another referred to her as a “turncoat prick.”
Thousands of users also flooded the comment sections of posts from the LGBTQ magazine Them on Instagram and Facebook about her statement. “You can’t use trans rights etc to cover up a genocide,” wrote one user on Instagram.
In recent years, queer activism has grown increasingly aligned with anti-Zionist activism, a trend that has placed many Zionist Jews in the LGBTQ community at a crossroads. Over the summer, Pride celebrations were widely marred by debates over Israel. In Brooklyn, a Pride interfaith service was canceled allegedly over some groups’ opposition to the hosting synagogue’s “public alignment with pro-Israel political positions.”
In December, the pro-Israel LGBTQ group A Wider Bridge shut down its operations amid financial strain. While not cited as a reason for its closure, the group also faced criticism from other LGBTQ groups for “pinkwashing,” a claim that efforts to highlight Israel’s record on LGBTQ rights are used to distract from or justify its policies towards Palestinians.
Our Lady J grew up in an evangelical Christian family and, around 2015, became the first trans writer to be hired in a television writers’ room for the hit TV show “Transparent,” which follows the story of a Jewish family in Los Angeles whose parent comes out as trans. The show’s fourth season, while filmed in Los Angeles, shows the family traveling to Israel.
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In her post, Our Lady J claimed that “Zionists have always been at the core of LGBTQ progress,” citing prominent pro-Israel Jewish activists including Magnus Hirschfeld, Elizabeth Taylor, Larry Kramer and Eli Windsor.
“Zionism is not a dirty word. It is the belief in Israel’s right to exist as a Jewish state. Any definition of Zionism that aligns it with oppression or imperialism is a strategic attempt to undermine Jewish self-determination,” continued Our Lady J.
She concluded, “Not only does antizionism erode Jewish solidarity, it erases LGBTQ history, preventing us from understanding the foundation our own self-determination was built on.”
The post Trans screenwriter Our Lady J condemns anti-Zionism in LGBTQ spaces: ‘Zionism is not a dirty word’ appeared first on The Forward.