The High Court of Justice rules this morning that the state cannot demolish the home of a Palestinian terrorist’s family.
Nur al-Din Abu Hashayeh stabbed and killed Almog Shiloni in Tel Aviv in November 2014. Hashayeh was tried and convicted of murder, and 11 months after the incident — that is, a month ago — the state decided to demolish his family’s home, near the West Bank city of Nablus, as part of escalating deterrent measures being taken against the families of terrorists amid a wave of terror attacks.
In a 2-1 decision, the High Court rules that the deterrent effect is too weak 11 months later to justify punishing innocent family members by carrying out the demolition.
Justices Zvi Zylbertal and Menachem Mazuz, who wrote the majority opinion, explain that they are not questioning the legitimacy of home demolitions as a deterrent measure, even arguing that it is a legitimate and effective policy, but rather are questioning the slow implementation of the policy in this case.
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