ABSTRACT
This chapter presents a case study on collective punishment being used by Israeli forces in the Occupied Palestinian Territories. Punitive house demolitions in response to suicide attacks are a pertinent example and they are even covered by law through the continuing application of outdated emergency regulations. Punitive house demolitions do not affect the person responsible for the attack but their families who do not bear individual responsibility for it. The Israeli Supreme Court has handled a number of cases dealing with punitive house demolitions which were brought by local non-governmental organisations on behalf of affected Palestinians. However, the Court has not dealt with the core issue of their claims, that those house demolitions and the law providing for them are in contravention of the prohibition of collective punishment enshrined in the law of armed conflict. However, from an empowerment perspective, the prohibition of collective punishment has provided Palestinians with the legal tools necessary to bring such cases and to challenge Israel’s collective punishment policy and to document state behaviour.
