Adalah Demands Cancelation of Order Issued by Defense Minister to Prepare for Demolition of the Family Homes of Individuals Implicated in Attacks on Civilians in Jerusalem, in Breach of International Law

On 6 July 2008, Adalah sent a letter to the Israeli Prime Minister, the Minister of Defense and the Attorney General demanding the cancellation of an order issued by the Defense Minister Ehud Barak to make preparations for the demolition of the homes of the Abu Dahim family from Jabal al-Mukabbir and the Duwiyat family from Sur Baher. Individuals from these two families were implicated in two recent fatal attacks on civilians in Jerusalem. Adalah further demanded the termination of the Israeli government’s policy of home demolitions on the basis that it is illegitimate and in breach of international law.

The Attorney General recently made an announcement that there is no legal impediment to demolishing the homes of the two families in question. His announcement followed the two recent attacks on civilians in Jerusalem, in the first of which Alaa Abu Dahim opened fire on students in a yeshiva, and in the second Hussam Duwiyat drove a bulldozer into vehicles containing people. Both men were killed during the attacks. Following the announcement, the Israeli army began to make preparations for the demolition of the homes of the families of Alaa Abu Dahim and Hussam Duwiyat.

In the letter, Adalah Attorney Fatmeh El-‘Ajou argued that the policy of home demolitions violates the rights to dignity, property and life of the members of these two families, including elderly people and children, who bear no responsibility, and would have a direct and devastating effect on their lives. Adalah stressed that demolishing the homes of the families of individuals who carry out attacks is a clear violation of international law, and an inhumane and immoral act. Moreover, punishing someone who bears no responsibility for an act carried out by a member of his or her family also violates Israeli law and in particular the Basic Law: Dignity and Liberty, Adalah argued.

Adalah further made reference to a military committee established to examine the deterrent effect of punitive house demolitions, and which in 2005 came to the conclusion that this policy was ineffective. Adalah also emphasized that the motives behind the latest attack in Jerusalem remain unclear today, and it could yet turn out to have been a tragic accident.

The Letter