The Fight against Hamas: The Legal Angle
INSS Insight No. 566, June 27, 2014
Following the abduction of three teenagers on June 12, 2014, Israel launched a campaign against Hamas in the West Bank that involves intensive activity on the ground, including searches, arrests, interrogations, confiscation of property, and other actions. The campaign is consistent with Israel’s obligations and rights to guarantee its security and the security of its citizens. To the extent that these measures involve arrests, there is a legal framework that regulates their implementation. Legal difficulty, however, arises mainly in regard to two potential measures, the expulsion of Hamas members from the area and the demolition of terrorists’ homes. The questionable legality of these steps must be factored into the decision making process undertaken by the Israeli leadership.