Palestinian to be indicted today in killing of Esther Horgen

Previously, the Shin Bet has said that during his interrogation, Kabaha said that he planned the attack some six weeks in advance. 

One reason was to avenge the death of his friend Camal Abu Wae’r – a Palestinian prisoner who fell sick and died in jail.

Looking for a place to carry out an attack, Kabaha allegedly went through a hole in the security barrier and found that a number of Israelis took strolls in the Reihan forest.

On December 20, while smuggling cigarettes in the forest near the fence, he spotted an Israeli woman, Horgen, walking alone, and murdered her, a Shin Bet statement said.

Separately, the High Court of Justice on Wednesday approved the demolition of the home of both the second and third floors of the building where Kabaha and his family have lived, as requested by the IDF. 

The decision split 2-1 with Justice Anat Baron dissenting, saying that only the third floor should have been demolished since Kabaha lived there separately from his family, who lived on the second floor and were unaware of his murderous plans.

However, Justice Yitzhak Amit and Justice Daphna Barak-Erez ruled that whether a family is aware of their family member’s criminal intent is only one factor in deciding how much of a building to demolish in connection to a nationalist murder committed as an act of terror.

The judges said that the High Court should generally not question the IDF’s discretion about what message of deterrence  is needed in a given case to help prevent future acts.

Kabaha has already confessed to the killing, according to the Shin Bet, a factor which was weighed heavily with the High Court.  

In contrast, the petitioners in this case and global critics have said that Israel is isolated among current democracies in carrying out house demolitions against international law.  

Israel argues that there is a basis for house demolitions in international law if the purpose is preventative and not punitive.