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House demolition in the Israeli–Palestinian conflict : ウィキペディア英語版
House demolition in the Israeli–Palestinian conflict

House demolition is a method utilized by the Israeli army (IDF) in Jerusalem, the West Bank, and the Gaza Strip against Palestinians and in some cases Israeli settlers.
Demolition may be done to enforce building codes and regulations, which in the occupied Palestinian territories are set by the Israeli military.〔(Israel/Occupied Territories: House Demolition )〕 IDF explanations for other house demolitions include use as a counter-insurgency security measure to impede or halt militant operations〔 House demolitions are also claimed to be a potent deterrent against terrorism,〔(House demolitions as punishment ) B'Tselem - The Israeli Information Center for Human Rights in the Occupied Territories〕 in significantly decreasing Palestinian terrorists attacks.〔Efraim Benmelech, Claude Berrebi, and Esteban F. Klor, ('Counter-Suicide-Terrorism: Evidence from House Demolitions,' ) in The Journal of Politics, Vol. 77, No. 1 (January 2015), pp. 27-43.〕〔Ludovica Iaccino, (punitive demolition of Palestinian terrorist houses 'decreases suicide attacks',' ) International Business Times 10 December 2014.〕〔According to the study “Counter-Suicide-Terrorism: Evidence from House Demolitions,” demolishing the homes of Palestinian terrorists results in “an immediate, significant decrease in the number of suicide attacks.“ 〕
Human rights organizations and the United Nations criticize the ongoing demolitions〔(Israel levels Palestinian homes )〕 of Palestinian homes as violating international law, and Amnesty International has contended that the Israeli government actually uses demolitions to collectively punish Palestinians〔 and to seize property for the expansion of Israeli settlements.〔(Mass Demolition: Security Rationales, Demographic Subtexts )〕 Theodor Meron advised the Israeli government in 1968, soon after the occupation of the Palestinian territories in the Six Day War, that the practice contravened international law, in particular the Geneva Conventions.
House demolitions have occasionally been used to remove illegal (by Israeli law) Israeli settlements.
==History==

The practice originated under the British Mandate, when the government gave authority to military commanders to confiscate and raze “any house, structure or land... the inhabitants of which he is satisfied have committed… any offence against these Regulations involving violence.” During the 1936-1939 Arab revolt in Palestine, the British military frequently demolished homes in villages implicated in rebel activity, with entire villages sometimes being destroyed. Some 2,000 Arab homes were demolished during the Arab revolt.〔Golani, Motti: ''Palestine Between Politics and Terror, 1945-1947'', p. 201〕 In 1945 the authorities passed the ''Defence (Emergency) Regulations''〔(Harvard Program on Humanitarian Policy and Conflict Research ) The Legality of House Demolitions under International Humanitarian Law. Retrieved 30 June 2007.〕 and Regulation 119 made this practice available to the local Military Commander without limit or appeal. During the Jewish insurgency against the British in the 1940s, the British only employed this tactic one time against the Jews. In August 1947, after failing to quell the Jewish insurgency, the British military received clearance from the High Commissioner to demolish Jewish homes. Subsequently, a Jewish home in the Jerusalem neighborhood of Givat Shaul where arms were discovered during a routine search was destroyed.〔Hoffman, Bruce: ''Anonymous Soldiers'' (2015)〕
In 1968, after Israel occupied the West Bank and Gaza, Theodor Meron, then legal adviser to the Israeli Foreign Ministry, advised the Prime Minister's office in a top secret memorandum that house demolitions, even of suspected terrorists's residences, violated the 1949 Fourth Geneva Convention on the protection of civilians in war. Undertaking such measures, as though they were in continuity with British mandatory emergency regulations, might be useful as hasbara but were 'legally unconvincing'. The advice was ignored. His view, according to Gershom Gorenberg, is shared by nearly all scholars of international law, prominent Israeli experts included.〔Gershom Gorenberg,('Israel knew all along that settlements, home demolitions were illegal,' ) Haaretz 19 May 2015. 〕
In a 1987 letter, the British said this regulation had been repealed in 1948.〔In a 1987 letter, the British Foreign Ministry indicated that "in view of the Palestine (Revocations) Order in Council 1948 (S.I. 1948/1004, at 1350-51), the Palestine (Defense) Order in Council 1937 and the Defense Regulations 1945 made under it are, as a matter of English law, no longer in force." See Emma Playfair, "Demolition and Sealing of Houses as a Punitive Measure in the Israeli-Occupied West Bank," Al Haq, 33, April 1987.〕 However, the repeal was not published in the Palestine Gazette, as required in law at that time, and Israel still operates the contentious policy of punitive military house demolition under the 1945 British DER 119.
During the Second Intifada, the IDF adopted a policy of house demolition following a wave of suicide bombings. Israel justified the policy on the basis of deterrence against terrorism, and providing an incentive for families of potential suicide bombers to dissuade the bomber from attacking. Demolitions can also occur in the course of fighting. During Operation Defensive Shield, several IDF soldiers were killed early in the conflict while searching houses containing militants. In response, the IDF started employing a tactic of surrounding such houses, calling on the occupants (civilian and militant) to exit, and demolishing the house on top of the militants that do not surrender. This tactic, called "Nohal Sir Lachatz" נוהל סיר לחץ "Pressure Pot", is now used whenever feasible (i.e., non multi-rise building that is separated from other houses). In some heavy fighting incidents, especially in the 2002 Battle of Jenin and Operation Rainbow in Rafah 2004, heavily armored IDF Caterpillar D9 bulldozers were used to demolish houses to widen alleyways or to secure locations for IDF troops.
According to a report by Amnesty International in 1999, house demolitions are usually done without prior warning and the home's inhabitants are given little time to evacuate.〔(Israel: House demolitions -- Palestinians given "15 minutes to leave... ) Amnesty International. December 8, 1999〕
In February 2005, the Ministry of Defense (Israel) ordered an end to the demolition of houses for the purpose of punishing the families of suicide bombers unless there is "an extreme change in circumstances".〔BBC News, ("Israel limits house demolitions" ), Thursday, 17 February 2005〕 However, house demolitions continue for other reasons. In 2010 (to 9 Nov) 315 Palestinian-owned structures have been demolished in East Jerusalem and Area C (including 17 structures demolished by their owners following demolition orders). 402 people have been displaced and about 1,296 people have been otherwise affected.〔http://www.publications.parliament.uk/pa/ld201011/ldhansrd/text/101118w0001.htm#10111866000542〕
In 2009, after a string of fatal attacks by Palestinian against Israelis in Jerusalem, the Israeli High Court of Justice ruled in favor of the Israeli Defense Forces to seal with cement the family homes of Palestinian terrorists as a deterrent against terrorism.〔http://www.haaretz.com/news/court-orders-home-of-jerusalem-yeshiva-terrorist-sealed-off-1.267483〕

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