In the hearing of the High Court of Justice held today, August 7, 2014, in
HaMoked's petitions against the intended punitive demolition of two homes in Hebron – the apartment in which lived the family of the fugitive who has been missing since the recent abduction and killing of three Israelis and the house of a suspected accomplice – and the intended punitive sealing of the apartment of the second fugitive's family – the military argued that in view of the deterioration in the security situation, the demolitions and sealing were imperative for deterrence.
HaMoked argued that this measure, which would harm innocent people – including many children – who had not known about the actions of their relative – constituted collective punishment in breach of international law and Israeli basic rights. The claim that the measure was intended for deterrence – rather than punishment – did not stand the test of reality, especially with regard to the apartment of one of the fugitives that was already detonated by the military during "operational activity".
HaMoked added that the military itself had invalidated the policy of punitive house demolitions, having realized that it did not achieve deterrence, and was sometimes even detrimental.
The justices remarked that the military was entitled to change its policy, especially following a change in the circumstances.
Judgment is expected soon.
