Israel Hayom..
02 January '18..
Link: http://www.israelhayom.com/opinions/lost-deterrence-thanks-to-the-high-court/
The slaughtering of the Salomon family members in Halamish last July will be remembered for many years to come. A terrorist killed three family members and wounded another woman. He wanted to kill everyone who was present in the home, including children, but was stopped.
Last week military prosecutors asked that the killer be given three consecutive life sentences for the murders and another life sentence for the attempted murders. At the sentencing hearing, the terrorist could be seen flashed a wide smile for the cameras. He is now going to get tens of thousands of shekels from the Palestinian Authority. His home is still standing, because the state has decided to destroy only one floor so that the rest of his family members would not be affected. But let's not forget that five of his family members were convicted of being an accessory to a crime because they failed to act despite knowing his plan.
The Salomon family petitioned the High Court of Justice and asked that the rest of his family home be demolished, but their request was denied. Yes, his family members should be treated with compassion despite his attempt to destroy an entire family, but we should also show compassion for future victims of terrorism.
Under Israel's emergency statutes, the military can demolish structures where terrorists had resided. Former Supreme Court Justice Elyakim Rubinstein once wrote: "The defense establishment has shown that there is indeed a good reason to believe that such action does, in fact, deter terrorists from carrying out similar activity and the supporting evidence is overwhelming compared with other indications."
But the High Court of Justice has for years chosen to walk down a different path, imposing many restrictions on using this measure. This has undercut the state's deterrence and its efforts to fight terrorism.
Let's not forget Niv Nehemiah, the supermarket employee in Yavne who was stabbed and is now still recuperating. The High Court of Justice, as was the case after the Halamish murders, prevented the demolition of his home, citing the fact that his victim was not dead. That means that while Niv and his family continue to pick up the pieces, the terrorist's family will be able to lead a normal life.
The attack at Har Adar three months ago, in which two security guards and one border policeman were murdered, also led to a similar result. The GOC Central Command ordered that the home of the terrorist be demolished, but the pictures show that only several walls were torn down and perhaps his room was sealed. Is the terrorist's family's life worth more than the lives of the three families whose loved ones he killed?
The High Court of Justice has time and again watered down Israeli law, and this has hurt Israeli deterrence. The court has acted this way despite there being a right-wing government in Israel, and those who pay the price are the terrorist victims and their families.
As the Midrash says, he who is compassionate to the cruel will ultimately become cruel to the compassionate. When will the government realize this? Demolishing the homes of terrorists is not just punishment and revenge; it is a way of preventing similar terrorist attacks in the future.
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