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Examining the Conservative Shift from Harsh Justice

House Demolitions

Faculty of Law, Hebrew University of Jerusalem, Har ha-Tsofim, Jerusalem 9190501 , Israel
The Israel Democracy Institute, Pinsker Street, Jerusalem 92228, Israel
Faculty of Law, Freie Universität Berlin, Kaiserswerther Straße 16-18, Berlin 14195, Germany
Author to whom correspondence should be addressed.
Academic Editor: Robert Johnson
Laws 2015, 4(2), 216-228;
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)
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
MDPI and ACS Style

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

AMA Style

Kremnitzer M, Saba-Habesch L. House Demolitions. Laws. 2015; 4(2):216-228.

Chicago/Turabian Style

Kremnitzer, Mordechai, and Lina Saba-Habesch. 2015. "House Demolitions" Laws 4, no. 2: 216-228.

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