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Laws 2015, 4(2), 216-228; doi:10.3390/laws4020216

House Demolitions

1
Faculty of Law, Hebrew University of Jerusalem, Har ha-Tsofim, Jerusalem 9190501 , Israel
2
The Israel Democracy Institute, Pinsker Street, Jerusalem 92228, Israel
3
Faculty of Law, Freie Universität Berlin, Kaiserswerther Straße 16-18, Berlin 14195, Germany
*
Author to whom correspondence should be addressed.
Academic Editor: Robert Johnson
Received: 27 January 2015 / Revised: 12 May 2015 / Accepted: 13 May 2015 / Published: 29 May 2015
(This article belongs to the Special Issue Rough Justice: Penal Sanctions, Human Dignity, and Human Rights)
View Full-Text   |   Download PDF [207 KB, uploaded 29 May 2015]

Abstract

This article discusses the nature of “house demolitions” as used by the State of Israel in the West Bank and East Jerusalem. In our opinion, and in contrast to the view of Israel’s Supreme Court, such demolition orders constitute a penal sanction. As a penal sanction, we argue that this measure violates the basic principles of criminal liability. Even if this conclusion is not accepted, it will be argued that making innocent people homeless is an illegal collective measure. Even if assuming arguendo that it is not an illegal collective measure, it violates the basic principle of personal responsibility. The general conclusion of the article is that the examination of the nature of sanctions should go beyond the labels that are attached to them. Labeling sanctions as either penal or civil may not always reflect its true nature, and labels are sometimes deliberately used or rather misused in order to escape from the requirements stemming from the true essence of a sanction. View Full-Text
Keywords: house demolition; penal sanction; personal culpability; collective punishment; deterrence house demolition; penal sanction; personal culpability; collective punishment; deterrence
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

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Kremnitzer, M.; Saba-Habesch, L. House Demolitions. Laws 2015, 4, 216-228.

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