A/HRC/28/78
however, come across any supporting evidence for this to date. Indeed, in 2005, a military
committee appointed by then chief of the Israel Defense Forces (and current Minister for
Defence) Moshe Ya’alon recommended a moratorium on home demolitions after it had
found little proof that they served as an effective deterrent to future terrorists.35
52.
Aside from the questions of “effectiveness”, from an ethical and legal standpoint,
family members who have committed no crime should not be punished for the actions of a
relative. In short, punitive home demolitions are an act of collective punishment that
contravenes international law. It is therefore all the more disconcerting that the Supreme
Court of Israel continues to sanction the practice, which deprives innocent Palestinians of
the right to adequate housing. 36 All those accused of being responsible for acts of violence
should be tried before a court of law and, if found guilty, sentenced for their crimes; the
State cannot, however, go beyond what is sanctioned by international law.
53.
On 27 November 2014, the Ministry of Foreign Affairs of Israel responded to a joint
press release issued by this Special Rapporteur and the Special Rapporteur on adequate
housing as a component of the right to an adequate standard of living, and on the right to
non-discrimination in this context, in which they called upon Israel to cease targeting
Palestinian homes. In its response, Israel sought to deflect attention from its resort to the
illegal practice of home demolitions by making unfounded accusations that “the mandate
holders have turned a blind eye to terrorism, incitement, celebrations of violence and
encouragement of extremism carried out by Palestinians and their leaders”. Any incitement
to hatred and violence must of course be condemned in all its forms, but genuine deterrence
needs to look at the root causes of violence. Punitive home demolitions only add to the
frustration and despair felt by people living under the prolonged Israeli military occupation.
It sows the seed of more hatred, particularly in children, that may fuel the cycle of more
violence in the future.
IV. Arrest and detention of Palestinian children
54.
Around 8,000 Palestinian children under the age of 18 have reportedly been detained
and prosecuted by the Israeli military courts since 2000. According to information provided
by a Palestinian non-governmental organization, as at October 2014, there were 201
Palestinian children held in Israeli prisons, 23 of whom were between the ages of 14 and
16. The ill-treatment of Palestinian children by Israeli security forces from the time of arrest
to the end of detention in Israeli military facilities has been well documented across the
United Nations, from the reports of the Secretary-General and the High Commissioner, to
the United Nations Children’s Fund (UNICEF), which in February 2013 reported that “the
ill-treatment of children who come in contact with the military detention system appears to
be widespread, systematic and institutionalised throughout the process, from the moment of
arrest until the child’s prosecution and eventual conviction and sentencing.”37
55.
The situation of Palestinian children has also received significant attention across the
United Nations human rights mechanisms, including during the consideration of the reports
submitted by Israel to the Committee on the Rights of the Child in June 2013,38 in the
context of the universal periodic review in October 2013,39 and most recently by the Human
35
36
37
38
39
16
Asher Schechter, “Immoral, ineffective: Destroying terrorists’ homes is nothing but empty revenge”,
Haaretz, 20 November 2014.
See www.hamoked.org/files/2014/1158616_eng.pdf.
UNICEF, Children in Israeli Military Detention: Observations and Recommendations, February 2013.
CRC/C/ISR/CO/2-4,.
A/HRC/WG.6/17/ISR/1.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents