Israel Matzav

Sanity returns to the Israeli court system?

If sanity has really returned to the Israeli court system, it is high time.

Earlier this week, the Jerusalem Magistrate's court denied a request for compensation from the State filed by the family of Izz al-Din Shuheil al-Masri. The compensation request related to the destruction of al-Masri's family's home by the State. The court ruled that destroying the homes of terrorists is a deterrent against terrorism, and the deterrent would be undermined if the State had to pay compensation for doing so. Does al-Masri's name sound familiar to any of you? It should....

Izz al-Din Shuheil al-Masri blew himself up in the middle of the Sbarro restaurant on August 9, 2001. The deadly attack, which included a 70kilogram (15-pound) explosives belt rigged with nails, nuts and bolts, claimed the lives of 15 people, including seven children, and left 130 wounded.

The Israel Defense Forces was ordered to tear down the al-Masri family home one year later.

Judge Yoel Tsur, presiding over the hearing, ruled Monday that razing and sealing off of terrorists' homes was a legal act of war. Tsur cited a Supreme Court ruling stating that such an act could be used as a measure of deterrence and that it complies with international law.

The ruling also dismissed the plaintiff's claims that the demolition itself was careless, noting that the soldiers tasked with the miss took every precaution necessary – the razing was planned by an IDF officer who was an engineer by training and was preformed at nights, as means of minimizing the presence of civilians in its vicinity.

The plaintiffs, continued Judge Tsur, were given ample time to move out and remove their belongings from the house and the house was torn down, using explosives, only after the soldiers canvassed the premises and ensured it was empty.

For Israel to have to pay 'compensation' for tearing down a terrorist's home would be the height of insanity.

posted by Carl in Jerusalem @ 3:19 PM