Human rights organizations have welcomed a decision by Israel’s High Court of Justice to bar the demolition of the West Bank home of a convicted Arab terrorist.
But they say the decision is not likely to result in a major change of military policy.
The High Court this week canceled a military order for the demolition of Mohammed Turkman’s home in Jenin, saying it would cause his family “disproportionate” suffering.
Instead, the court allowed the army to seal of two of the home’s three rooms, rendering them inaccessible to the nine family members living there.
Israeli and Palestinian human rights activists tepidly welcomed the move, but stressed it did not signal any change in what they describe as the army’s policy of “collective punishment.”
It is unclear what effect, if any, the court ruling will have on future demolition orders.
“Sealing is less harsh than demolition, which is irreversible,” said Tami Bash, a researcher for B’Tselem, an Israeli information center for human rights in the territories.
“But it is still harsh and denies innocent people their homes, people who haven’t been charged with anything,” she said. “And, as with all collective punishment, we believe it’s wrong and forbidden by international treaties.”
Turkman was convicted two months ago for the October murder of an Israeli, Motti Biton, and was sentenced to life imprisonment.
A military order to demolish his house was challenged by Turkman’s mother, who lives in the house with eight other family members.
Upholding the mother’s petition, the justices wrote that “under these circumstances, less drastic” measures should be taken.
Usama Halabi, an Israeli Arab who is a senior attorney with the Quaker Legal Aid Center in East Jerusalem, said the decision was “something positive.”
The court intervened and allowed for individual circumstances to play a role, Halabi said, and “decided the case on its merits.”
But the substance of the ruling is “nothing new,” he added.
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