Tuesday, May 11, 2010

Shouldn't the Punishment Fit the Crime?

I read this and have a question:-

Israel to demolish West Bank construction freeze violations

The Civil Administration is planning to raze buildings in 46 locations in the northern West Bank where violations of the freeze on settlement construction were found to have occurred.

According to a document obtained by Haaretz, the plan includes razing six foundations for buildings in the settlement of Yitzhar.


And my question is:

If the construction moratorium was announced for a 10-month time period, it would seem to be only a temporary measure.

If so, then why should the structures be destroyed? They should be halted but no more.

Maybe the owner or the contractor could be fined or some other measure but destruction?

Destruction is much too harsh and almost 'permanent' whereas the policy of suspension is declared as temporary.

Shouldn't the punishment fit the crime?

7 comments:

aparatchik said...

Why is Israel even going along with this stupid freeze? The Arabs have a cryogenic mindset that they hope will turn the clock back to 1948. Israel should just get on with living.

Anonymous said...

I like your argument. However, I don't think it would fly. The obvious response is that any building that took place in violation of the freeze is ipso facto illegal. In other words, had the owners abided by the law they would never have started the construction . The fact that the freeze is limited in duration does not change the fact that the construction was commenced during the period of prohibition and was therefore improper from the start. The obvious remedy is to eliminate the work that was done in violation of the government order. That means destroying the foundations. Any other result would mean that one could violate the building restriction with impunity. Wait for the expiration of the freeze and then continue after the freeze was lifted.

Having said all of this, I am inalterably opposed to the idea of the freeze on idealogical grounds. I also think that the freeze is infirm from a legal perspective as others have pointed out. My response is limited to the narrow question you raised.

Anonymous said...

Excellent point!! The owners should submit a petition to the Supreme Court.

Anonymous said...

It would seem to be a bit harsh if they had permits to build prior to the freeze, but if they built without any permit? Also, why should people living in settlements be subject to lesser penalties than people living in Jerusalem? If they built during the freeze, they were violating the law. . . When we lived in Baka, our neighbor added 2 floors illegally and the city came and destroyed them a couple times. Even though he eventually got approval to build them (and did). I know someone who had a mirpeset sherut destroyed for building without a permit.

The Magav also came to a house once in Abu Tor with a city building inspector (Arab by the way -- he is also the inspector for Baka) and they put a freeze on paving our driveway b/c the permit for it hadn't been approved yet. They would have come to destroy it if the approval had not been gotten shortly thereafter. And during the freeze people were barred from even PAINTING INSIDE a house. They also threatened to arrest the kablan who was there at the time.

In any event, they have already begun destroying homes built during the freeze -- someone in our office lives in Hashmonaim and they destroyed 2 homes there last week.

Anonymous said...

You can’t justify housing demolitions of Arab homes on grounds of zoning violations and condemn housing demolitions of Jewish homes despite zoning violations. What’s good for the goose…


OF course, I’m waiting for the HR crowd that claims housing demolitions are human rights violations when it’s Arab housing violations to stand up for the Jewish lawbreakers. But I won’t hold my breath.

Anonymous said...

Excellent point.

Anonymous said...

"First they should go and raze the building in Tayba and Tira and with the bedouins around here taht were built without a permit. they did 1 house in Tayba last week and they were rioting for a day and they had to close the road 444.
Maybe that is what the Jews should start doign if they try to raze the houses. People put good money into them in good faith and just because the gov't wants to suck up to Obama ymach smo they don't have to loose everything. "