A/HRC/44/60
May 2020, at least 68 homes were demolished or sealed (many with the approval of the High
Court), while only 8 orders were revoked by the Court.77
51.
Punitive demolitions have never been used against the homes of Israeli Jewish
civilians who have committed ‘nationalist’ crimes similar to those for which Palestinian
homes have been destroyed.78 This distinction has been called “outrageously racist” by Ami
Ayalon, a former director of the Israeli Shin Bet, who added that no homes – Palestinian or
Israeli – should be punitively destroyed. 79
52.
The High Court’s endorsement of the IDF’s core belief in deterrence has been widely
criticized. Ami Ayalon has stated that punitive home demolitions are not only “patently
immoral”, but that: “the likelihood that a policy of demolishing their families’ homes actually
serves as a deterrent is quite low.” 80 Professors Amichai Cohen and Yuval Shany have
pointed out that: “there is very little empirical proof that the home demolitions actually deter
terrorists; to the contrary, such practice is likely to create an atmosphere of hate that would
breed the next generation of terrorists.”81
D.
The Closure of Gaza
53.
In June 2007, Israel initiated a comprehensive air, sea and land closure of Gaza, which
it maintains to this day. This followed the victory by Hamas in the 2006 Palestinian elections,
the imposition of international sanctions against the Hamas-led Palestinian Authority and the
subsequent political split between Fatah and Hamas, each with nominal control over a
fragmented segment of the Palestinian territory.82 Subsequently, Gaza has suffered through
three devastating rounds of conflict – in 2008-9, 2012 and 2014—as well as sustained protests
at the Gaza frontier in 2018-9, all of which resulted in significant civilian deaths and injuries
along with widespread property destruction.
54.
The impact of Israel’s 13-year closure has been to turn Gaza from a low-income
society with modest but growing export ties to the regional and international economy to an
impoverished ghetto with a decimated economy and a collapsing social service system. In
2012, the United Nations wondered whether Gaza, given its trajectory, would still be liveable
by 2020.83 In a follow-up report in 2017, the UN found that life in Gaza was deteriorating
even faster than anticipated.84 In 2020, the UN Special Coordinator for the Middle East Peace
Process observed that “the immense suffering of the population” in Gaza has continued.85
55.
Israel’s stated reason for imposing the closure on Gaza, and for designating the Strip
as an “hostile territory” and an “enemy entity” was because of Hamas’ history of deliberating
or indiscriminately launching rockets towards civilian centres in Israel and initiating suicide
bombings aimed at Israeli civilians. Human rights organizations have verified these acts and
condemned their illegality. 86 The Special Rapporteur observes that such practices violate a
77
78
79
80
81
82
83
84
85
86
Ibid.
https://www.timesofisrael.com/defense-ministry-no-need-to-demolish-homes-of-abu-khdeir-killers/
https://www.haaretz.com/opinion/.premium-no-one-s-house-should-be-demolished-1.5422912.
Ibid.
https://www.lawfareblog.com/house-demolition-israeli-supreme-court-recent-developments. Also
see: G. Harpaz, “Being Unfaithful to One’s Own Principles” (2014), 47 Israeli Law Review 401.
T. Baconi, Hamas Contained (Stanford University Press, 2018); S. Roy, The Gaza Strip (3rd ed.)
(Institute for Palestine Studies, 2015).
https://www.un.org/unispal/document/auto-insert-195081/ .
https://www.un.org/unispal/document/gaza-ten-years-later-un-country-team-in-the-occupiedpalestinian-territory-report/.
https://reliefweb.int/report/occupied-palestinian-territory/paper-ad-hoc-liaison-committee-2-june2020-office-united.
https://www.hrw.org/report/2002/10/15/erased-moment/suicide-bombing-attacks-against-israelicivilians; https://www.amnesty.org/download/Documents/100000/mde150872004en.pdf.
13
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