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Israel’s High Court of Justice Cancels Punitive Home Demolition

The Court accepts petition filed by human rights organization HaMoked on behalf of eleven members of the Abu Bakr family from the town of Yaabed

In a majority opinion issued today, Israel’s High Court of Justice cancelled an Israeli military order for a punitive home demolition in the West Bank. The military had ordered the demolition of the third floor apartment of the Abu Bakr home in Yaabed, near Jenin.

The father of the family, Nizmi Abu Bakr, is accused of dropping a concrete block from the roof of the house on soldiers during an operation in the town, killing the soldier Amit Ben Yigal. HaMoked filed the petition on behalf of the mother of the family and her eight children, as well as two other family members who live in the building.

IDF soldiers and Israeli settlers (Photo credit: Wikipedia)

Justices Mazuz and Karra accepted HaMoked’s petition, ruling that in issuing the demolition order, the military had ignored the fact that nine innocent people live in the apartment, including seven minors. This tips the scales against demolishing the whole apartment, the judges ruled, leaving open the possibility that the military could issue a new order to seal off only the assailant’s room.

Justice Karra noted his concern that the use of the Defense Emergency Regulation 119 allowing punitive home demolition has become routine, contrary to the military’s statements that it is reserved for exceptional situations. The two judges of the majority both repeated their view that the Court should revisit the legality of punitive home demolitions as a whole, in light of principles of both Israeli and international law.

Jessica Montell, Executive Director of HaMoked said in response: “We welcome this decision, which saves a mother and her eight children, against whom there are no allegations of wrongdoing, from being made homeless. However, the Court should have ruled against the whole policy of punitive demolitions as an illegal collective punishment, with doubtful effectiveness as a deterrent, even according to the military. It is long past time to end this barbaric practice, which contradicts basic principles of morality and justice.”

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rayhanania

Op-Ed writer, author, radio host, podcaster at The Arab Daily News

RAY HANANIA — Op-Ed writer, author, radio host, podcaster

Ray Hanania is an award winning political and humor columnist who analyzes American and Middle East politics, and life in general. He is an author of several books.

Hanania covered Chicago Politics and Chicago City Hall from 1976 through 1992 at the Daily Southtown and the Chicago Sun-Times. He began writing in 1975 publishing The Middle Eastern Voice newspaper in Chicago (1975-1977). He later published “The National Arab American Times” newspaper (2004-2007).

Hanania writes weekly columns on Middle East and American Arab issues as Special US Correspondent for the Arab News ArabNews.com, at TheArabDailyNews.com, and at SuburbanChicagoland.com. He has published weekly columns in the Jerusalem Post newspaper, YNetNews.com, Newsday, the Orlando Sentinel, Houston Chronical, and Arlington Heights Daily Herald.

Hanania is the recipient of four (4) Chicago Headline Club “Peter Lisagor Awards” for Column writing. In November 2006, he was named “Best Ethnic American Columnist” by the New American Media. In 2009, Hanania received the prestigious Sigma Delta Chi Award for Writing from the Society of Professional Journalists. He is the recipient of the MT Mehdi Courage in Journalism Award. He was honored for his writing skills with two (2) Chicago Stick-o-Type awards from the Chicago Newspaper Guild. In 1990, Hanania was nominated by the Chicago Sun-Times editors for a Pulitzer Prize for his four-part series on the Palestinian Intifada.

His writings have also been honored by two national Awards from ADC for his writing, and from the National Arab American Journalists Association.

Hanania is the US Special Correspondent for the Arab News Newspaper, covering Middle East and Arab American issues. He writes for the Southwest News newspaper group writing on mainstream American issues.

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