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Punitive house demolitions: the case of the J family and the A family
6329/02 | documents: 5  |  Updates: 0 On the night between July 18th and 19th, 2002, Israeli forces raided the homes of several families in the Nablus area and arrested several men, claiming in each case that a son was wanted by Israel. Among the detainees in the raid were several of the A family and the father and eldest son of the J family from the village of Tell. The J family house is a two storey building that serves as the mainstay of their livelihood – the eight members of the family live on the second floor, their livestock and water cistern are on the ground floor.

On the same night, men of two other families were detained in similar circumstances. The houses of both their families were demolished immediately by the military, without the required demolition orders and without granting opportunity to remove the belongings from the houses. This led to concerns that the military was intending to demolish the houses of the J and A families. On the following morning, HaMoked made intense efforts vis-à-vis the office of the legal advisor for the West Bank to discover the fate of the detainees and to prevent the possible demolitions. On July 20, HaMoked filed an urgent petition to the court on the matter.

The court then issued an interim order instructing the military to refrain from demolishing the homes of the two families. In its response, the state claimed that a decision to demolish the houses had not been made, and therefore, the petition should be dismissed. HaMoked, declined to withdraw the petition and demanded that the state guarantee it would provide prior notice and the opportunity for a hearing ahead of demolition. The state refused and requested an urgent hearing, without supplying any reasons for the need to demolish or for the urgency. The state's request reinforced the concerns of an impending demolition that was prevented only by the interim order. Following a court agreement, HaMoked submitted administrative objections to the demolitions, stressing that these families were not held accountable for any crime and that the intended demolition, aimed at deterrence, was illegal and did not meet the proportionality test.

In February 2004, the court dismissed the petition, but ordered that the military must not damage livestock or other property except the houses themselves, if the decision to demolish them is made. In March 2005, following the state's decision to abandon punitive house demolitions, the three year long threat of demolition was finally removed.


HCJ 6329/02 - Jaberi et al. v. Commander of IDF in the West Bank Judgment
Judgment / Supreme Court  |  6329/02  |  10.2.2004
Judgment in HaMoked's petition to instruct the military not to demolish the homes of two families of suspected assailants from Kafr Tal, Nablus district. The petition was deleted. Nonetheless, the justices stress that during house demolition, the military should do the utmost under the specific circumstances of each case to avoid damage to livestock and property other than the house itself.
Appeal against the demolition of the house of the Jaberi family from Kafr Tal within the framework of HCJ 6329/02
Objection  |  6329/02  |  9.9.2002
HaMoked's objection against the demolition of a family house in Tal village, Nablus district. HaMoked asserts that the demolition is illegal and fails the criteria established by case law for house demolition under Regulation 119 or for military needs. The house occupants are innocent and uninvolved in security-related activities; the suspicions against the wanted son are unclear. The demolitio...
HCJ 6329/02 - Jaberi et al. v. Commander of IDF in the West Bank Urgent Request of the State Attorney's Office to cancel the Interim Order granted in the Petition
Application  |  6329/02  |  6.8.2002
Urgent request by the State Attorney's Office regarding the interim injunction instructing the military to refrain from the punitive demolition of the petitioners' homes in Kafr Tal, Nablus district. The request seeks that the interim order be cancelled or an immediate hearing be scheduled in the petition, based on previous judgments in similar petitions which the court had rejected. The State ...
HCJ 6329/02 - Jaberi et al. v. Commander of IDF in the West Bank Petition for Order Nisi and Interim Order
Petition to HCJ  |  6329/02  |  20.7.2002
HaMoked's petition to instruct the military to refrain from the punitive demolition of the homes of two families of suspected assailants from Kafr Tal, Nablus district. HaMoked requests the court to issue an interim injunction to halt the irreversible act and enable the families to present their arguments. HaMoked also demands that the families be presented with reasoned demolition orders. the ...
HCJ 6329/02 - Jaberi et al. v. Commander of IDF in the West Bank Interim Order
Judgment / Supreme Court  |  6329/02  |  20.7.2002
Interim order in HaMoked's petition to instruct the military to refrain from the punitive demolition of the homes of two families of suspected assailants from Kafr Tal, Nablus district. The interim injunction directs the military to refrain from demolishing the petitioners' homes pending another decision.
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