Israel/OPT: Supreme Court Upholds Controversial Policy of Demolishing Home of Child Detainees

Table of Contents

The Israeli Supreme Court Approves Punitive Demolition of Palestinian Boy’s Family Home

I. Background

In a controversial ruling, the Israeli Supreme Court has approved the punitive demolition of the family home of a 13-year-old Palestinian boy, Mohammed Zalabani. The decision comes after Mohammed spent the past six months in pre-trial detention for allegedly stabbing an Israeli border police officer in February 2023. Despite an autopsy confirming that the officer was killed by a private Israeli security guard’s accidental shot, Mohammed was charged with murder and is now awaiting trial in a juvenile facility.

II. Unlawful Collective Punishment

The punitive demolition of Mohammed’s family home is seen as an act of unlawful collective punishment by Israeli human rights group HaMoked and international rights organizations. These demolitions, carried out by Israeli authorities against the relatives of Palestinians who have perpetrated or are accused of attacks on Israeli forces or civilians, have been described as war crimes and grave breaches of the Fourth Geneva Convention.

III. Brazen Contempt for International Law

Amnesty International’s Regional Campaigner on Israel and the Occupied Palestinian Territories, Khulood Badawi, argues that the Israeli Supreme Court’s approval of the punitive demolition reflects Israel‘s brazen contempt for international law. This ruling further highlights Israel‘s disregard for the rights of Palestinians and its persistent violation of international legal standards.

IV. Role of the Supreme Court

The Supreme Court’s role in enforcing what critics describe as apartheid against Palestinians is also emphasized by Badawi. The court’s approval of punitive demolitions, despite their inherently unjust nature, underscores a systemic bias against Palestinians and raises questions about the court’s commitment to upholding justice and the rule of law.

V. Impact on Innocent Family Members

Mohammed’s siblings and parents, who had no involvement in the attack, now face the prospect of losing their home and being displaced as a result of an act of vengeance divorced from justice and the rule of law. The practice of demolishing the homes of innocent family members creates a climate of fear and terrorizes entire Palestinian communities.

VI. Ineffectiveness of Punitive Demolitions

Punitive demolitions were initially suspended in 2005, following the recommendation of a military committee that found the policy did not effectively deter Palestinian attacks on Israelis. However, the practice was resumed in 2014, resulting in hundreds of Palestinians losing their homes. The purported goal of deterring future attacks does not hold up under scrutiny, as evidence suggests that punitive demolitions are ineffective as a deterrent measure.

VII. Violation of International Standards

The United Nations Human Rights Committee and the Committee on Economic, Social and Cultural Rights have both called for Israel to end the practice of punitive demolitions. Furthermore, the minimum age of criminal responsibility in Israel is 12 years, while the UN Committee on the Rights of the Child encourages states to raise it to at least 14 years of age. Mohammed’s treatment as a child detainee and the punitive demolition of his family’s home raise concerns about the adherence to international standards and human rights principles.

VIII. Editorial: A Call for Upholding Justice

The Israeli Supreme Court’s approval of the punitive demolition of Mohammed Zalabani’s family home highlights the need for a critical examination of Israeli policies and their impact on the rights and well-being of Palestinians. The court plays a crucial role in ensuring justice and the protection of human rights but has seemingly failed in this instance. Upholding international law and respecting the rights of all individuals, regardless of their nationality or ethnicity, must be a priority for Israel.

IX. Conclusion: Pursuing a Just and Equitable Future

The case of Mohammed Zalabani underscores the urgent need for a fair and equitable resolution to the Israeli-Palestinian conflict. The demolition of homes as a form of collective punishment serves only to perpetuate further grievances and deepen divisions. Israel should align its policies with international legal standards, including the Geneva Conventions, and work towards a just and peaceful resolution that respects the rights and dignity of all individuals involved.

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