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Expert Opinion: The Lawfulness of Israel’s House Demolition Policy under International Law and Israeli Law
Other | 27.11.2014
Legal opinion by academic scholars attached to the public petition for a blanket ban on the authority to order punitive house demolition. The opinion finds that this policy constitutes a grave breach of international humanitarian law, and that the rulings of Supreme Court in the matter are incongruent with fundamental principles it established in rulings addressing the tension between security considerations and human rights under international law, primarily the principle of individual responsibility and individual threat. The opinion also concludes that in certain circumstances, this policy may constitute a war crime, over which, in certain conditions, the International Criminal Court has jurisdiction.
Updates
27.11.2014
HaMoked heads group of human rights organizations in HCJ petition: Instruct the state to cease the illegal practice of punitive house demolitions in the OPT, including East Jerusalem.
30.11.2014
The HCJ has ruled: HaMoked's general petition on punitive house demolitions will be heard on December 3, 2014, at 11:30 a.m., together with the petitions filed on behalf of two East Jerusalem families whose homes are slated for demolition
2.12.2014
In response to the petition of human rights organizations against the practice of punitive house demolition: the state attempts to avoid discussing the morality and legality of the inhuman policy
15.1.2015
HaMoked heading a group of human rights organizations to the HCJ: a further hearing before an expanded panel should be held in the general petition against punitive house demolitions
15.2.2015
State to HCJ: No room for further review of punitive house demolitions after general petition filed by HaMoked against it was dismissed
11.5.2015
In a legal opinion from 1968, then legal advisor of the Israeli foreign ministry determines that punitive demolition of houses in the OPT contradicts international law: HaMoked and other human rights organizations request the court to hold a further, expanded hearing in the general petition recently rejected
mail@hamoked.org.il (02) 627 1698   (02) 627 6317

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