Court hears appeal against Hebron home demolitions

The Jerusalem Post ^ | 12 February 2003 | DAN IZENBERG

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Feb. 12, 2003
Court hears appeal against Hebron home demolitions
By DAN IZENBERG

The State Attorney's Office argued on Wednesday that the decision to destroy Palestinian houses along "Worshippers Way," linking Kiryat Arba to the Machpela Cave in Hebron was in accordance with international law.

Attorney Yochi Gnessen, representing the state, claimed that the state was allowed to protect Jewish worshippers seeking to pray at one of Judaism's holiest sites according to the Hague Convention and the Fourth Geneva Convention.

The government decided to destroy homes belonging to Hebron residents that straddle the road to the Machpela Cave after an attack on November 16, 2002, when Islamic Jihad fighters killed nine soldiers and three Kiryat Arba security guards protecting worshippers returning from Friday night prayer services at the Machpela Cave.

On November 29, the army issued an order calling for the seizure of land belonging to 110 families and the demolition of some 15 houses along the 730-meter long "Worshipper's Way."

In the following days, two groups petitioned the High Court to nullify the order. One included Yesh Gvul, Peace Now, Meretz MK Mossi Raz and Yoav Hess, who protested the demolitions of the houses along the southern half of the route. The other included the Municipality of Hebron, the Committee to Rehabilitate Hebron and six owners of property earmarked for demolition who also protested the land seizure along the northern half of the route.

On December 18, the court issued a show-cause order to the state, demanding that it explain why it wanted to destroy the houses. It also extended an interim injunction prohibiting the army from destroying the homes until it made another decision.

In rejecting the arguments of the petitioners, Gnessin argued that many of the houses earmarked for demolition were ruins. She also said the army would not use explosives to destroy the structures, so that there was no danger that other homes in the area would be damaged.

The court is due to resume the hearing on Thursday to hear the arguments of the petitioners, represented by Attorneys Yishai Niv and Shlomo Lecker.

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Israel, a nation of laws, a democracy, gives the Palestinians due process even when their is a clear national interest to act and even when failure to act may cost Jewish lives. Tell me: would the Palestinian courts grant the same courtesy?

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Courtesy? Palestinians do not know what that means.