HaMoked sent an
urgent letter today to the Minister of Defense, the Attorney General, and the Military Commander in the West Bank, demanding
the policy of punitive house demolition, abandoned in 2005, not be reinstated. The letter followed media reports about Israel's intention to employ the authority established in Regulation 119 of the Defense (Emergency) Regulations of the British Mandate – authorizing house demolition based on just a suspicion of crime – following the abduction and killing of three Israelis. Thus, inter alia, the
Haaretz newspaper published that the military began preparatory staff work toward the issuing of demolition orders against dozens of houses in the West Bank, houses of individuals who had been involved in attacks or Hamas-related activities.
HaMoked maintains that the demolition of a residential building is a disproportionate measure that harms the innocent and constitutes a grave breach of international law, the laws of occupation, and the universal principles of morality. HaMoked cautions that the practice of punitive house demolition amounts to a war crime, and its implementation puts at legal risk all those who are involved in it, including decision makers.
HaMoked adds that the applicability of Regulation 119 in the Occupied Palestinian Territories is highly questionable, as it was repealed by the British even before the Mandate had ended, and recalls that the military establishment abandoned this measure, determining it was ineffective and at "the threshold of legality and legitimacy".
