Israel iskee takaisin

”Key points

This note has reviewed the key legal aspects of house demolitions in the OPT under IHL. As final observations, one should retain that:
1. House demolitions are either administrative, military, or punitive in character.
2. House demolitions engage the responsibility of the occupying forces. The Israeli government is required to have a proper legal basis to engage in house demolitions. Illegal demolitions should be prosecuted as violations of IHL. Demolitions engage Israel state responsibility to
apply corrective measures (i.e. rebuild the demolished house).
3. Military demolitions rely mostly on the assessment of military commanders regarding the adequacy andproportionality of the measure. Although the Convention recognizes a wide scope of discretion to the military commander, the concept of military necessity is not a ”carte blanche” to the military. Military necessity incorporates clear conditions: (i) the presence of an immediate and concrete threat, (ii) that the demolition be an adequate response to the threat, and (iii)
that, even if the first two conditions are fulfilled, such demolition must
respect the principle of proportionality. If the demolition fails to fulfill one of the criteria, it is illegal.
4. Punitive demolitions remain a hotly debated issue. Although the practice has expanded over the recent year as a response to indiscriminate attacks against Israeli civilians, the legal grounds to
justify the maintenance of the DER 119 have been under increasing pressure by legal scholars.”
http://web.stanford.edu/group/scai/images/housedem…

Terveisin Kalevi Kämäräinen