Israel court blocks home demolition of accused Palestinian attacker

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Palestinian, Israel's top court, demolish
Palestinans sit near the remains of a demolished house on Monday near Jenin in the occupied northern West Bank village of Farasin.

Occupied Jerusalem - Decision marks a rare judicial rebuke of Israel's controversial practice of destroying homes of Palestinians suspected of carrying out attacks

By AFP

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Published: Mon 10 Aug 2020, 9:22 PM

Last updated: Wed 26 Aug 2020, 4:47 PM

Israel's top court on Monday blocked the military's plans to demolish the home of a Palestinian accused of killing a soldier, in a ruling condemned by Prime Minister Benjamin Netanyahu.
The decision marked a rare judicial rebuke of Israel's controversial practice of destroying the homes of Palestinians suspected of carrying out attacks that critics say amounts to illegal collective punishment.
Israeli soldier Amit Ben Ygal was killed by a stone-thrower on May 12 while his unit was patrolling in the village of Yaabad, near Jenin in the occupied West Bank.
Israel arrested several people that day and later identified Nizmi Abu Bakr as Ygal's suspected killer.
Trials of Palestinians suspects in the West Bank are conducted by Israeli military tribunals.
Abu Bakr has not yet been convicted but his home demolition had already been scheduled.
His family successfully appealed the demolition order, arguing that innocent people with no role in the attack would suffer.
In a 2-1 decision seen by AFP, Israel's high court ruled that "the (suspect's) wife and children have no connection to the criminal acts of the father, neither by helping him, nor by knowing his intentions, nor by aiding him after the fact".
"Destroying their home will leave them homeless," and would amount to "a violation of respect for human rights," the judgement said.
Netanyahu called it a "miserable decision" on Twitter and demanded a new high court hearing, with a larger panel of judges.
"My policy as prime minister is to destroy the homes of terrorists and I intend to continue it," he said.
The father of the slain soldier, Baruch Ben Ygal, quoted by Israeli media, condemned the court ruling as "a gift for terrorism".
Hamoked, an Israeli rights group that assists Palestinians living in occupied territory and filed the appeal on behalf of Abu Bakr's family, praised the decision.
But it voiced regret that the court had not gone a step further by "completely prohibiting this policy of destroying houses which amounts to collective punishment".


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