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Legal Analysis / Family can appeal demolition By Ze'ev Segal Following the terror attack in Jerusalem this week, the cabinet is considering resuming house demolitions, including the East Jerusalem homes of terrorists. The authority to demolish homes has existed on local law books since 1945, requires no due process, and also applies to houses inside Israeli territory. The state has said in the past that house demolition is a critical means of pressuring Palestinian families to prevent acts of terror. Advertisement A series of High Court of Justice rulings state there is no guarantee that the method is effective. However, given "the few means at the state's disposal to defend itself against living bombs, it cannot be scorned," the court has stated. The Supreme Court has avoided commenting on the efficacy or wisdom of the means, and addressed only its constitutionality. The rulings state that demolition cannot be used as a punishment. Nonetheless, the High Court has consistently rejected appeals against house demolition and accepted defense establishment arguments that it is a preventive measure designed to deter potential terrorists, and stated that family members' prior knowledge of planned attacks is "a mandatory precondition to applying the military authority to demolish." In any case, it is evident that a house cannot be demolished, in contrast to being sealed off, without giving the family the opportunity to be heard by the High Court of Justice. The court already has ruled that house demolition does not contradict the Basic Law on Human Dignity and Freedom. The High Court will not approve a demolition if it is convinced it constitutes disproportionate and unreasonable harm to the family of the terrorist. And in recent years, the High Court has shown increasing willingness to intervene in security considerations. Bookmark to del.icio.us   Video attack West Bank settlers tie Palestinian man to phone pole and beat him. A static future Iran's nuclear program remains unchanged despite economic incentives.

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