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Demolition of the home of an assailant's family: the case of the AD family
9353/08 | 7528/08 | documents: 5  |  Updates: 3 In August 2008, the GOC Home Front Command proclaimed his intention to demolish the two intermediate floors of the building where the family of the assailant in the attack at the "Merkaz Harav" Yeshiva in March 2008 resides. Some three months later, after its objection to the demolition had been denied, HaMoked petitioned the High Court of Justice (HCJ) against this decision. The petition argued there were no grounds for altering the Israeli policy, presented during proceedings in HCJ 7733/04, to discontinue the use of house demolitions. As part of the petition, HaMoked requested a copy of the report of the Shani Committee, erected in 2004, which concluded, inter alia, that house demolitions are ineffectual. HaMoked also requested a copy of the military's demolition plan, in order to examine how it intends to demolish the two intermediate floors of the four-story building, without damaging its bottom and top floors, pronounced feasible by the state-appointed engineer.

Thereafter, the Military Advocate General delivered to HaMoked both a computer presentation detailing the main findings the Shani Commission report, as well as the military's new plan, to only seal, rather than demolish, the two intermediate floors. The state-appointed engineer found the structure “looked okay" and therefore had most likely been built according to regulations and standards. His counterpart on behalf of HaMoked rejected his conclusions after his own survey of the house, concluding that the proposed sealing method endangered the whole structure.

It is worth noting that the state did not suggest the assailant's parents, who live in the building, had any connection to their son's actions. They are only guilty by association to him. The act of damaging the building is thus an act of collective punishment, forbidden under international humanitarian law, and graver still, serves as a punishment driven by Israeli public outcry for retribution. In its judgment, the court rejected the petition, finding insufficient cause to intervene in the shift in Israeli policy. On January 19, 2009, the intermediate floors of the AD home were sealed. The family continues to live in the two remaining floors.


HCJ 9353/08 - Abu Dheim et al. v. GOC Home Front Command Judgment
Judgment / Supreme Court  |  9353/08  |  5.1.2009
Judgment in HaMoked's petition to prevent the sealing of the home of the family of the perpetrator of the attack against Merkaz Harav, as this is a disproportionate punitive measure, motivated by vengeance. The Court rejects the petitioners' claim that the use of Regulation 119 of the Defense (Emergency) Regulations – the basis for the decision to seal the house - contradicts the conclusions of...
HCJ 9353/08 - Abu Dheim et al. v. GOC Home Front Command Petition for Order Nisi
Petition to HCJ  |  9353/08  |  6.11.2008
HaMoked's petition against the decision to seal the home of the family of the person who carried out the attack at Merkaz Harav Yeshiva. The petitioners claim, inter alia, that there is no reason to change Israel's policy, which, since 2004, has precluded the use of house demolitions. The petitioners claim that Regulation 119 belongs to a different era, and contradicts Basic Law: Human dignity ...
HCJ 7528/08 – Abu Dheim et al. v. GOC Home Front Command Petition for Order Nisi and Interim Order
Petition to HCJ  |  7528/08  |  2.9.2008
HaMoked's petition regarding the home of the family of the Merkaz Harav Yeshiva attacker. HaMoked requests a copy of the Shani Committee Report. The committee examined the house demolition policy and recommended its cancellation. HaMoked also requested a copy of the demolition plans which detail how the middle floors may be demolished without damaging the other floors in the building. HaMoked a...
Objection against the use of regulation 119 against the home of the Abu Dheim family, Jabal al Mukabbir, Jerusalem
Objection  |  13.8.2008
HaMoked objects to the GOC Home Front Command's decision to demolish the home of the family of the person who carried out the attack at Merkaz Harav Yeshiva, or parts thereof. HaMoked recalls that a military committee which examined regulation 119 concluded that house demolitions did not serve as a deterrent but rather increased friction and hatred. HaMoked notes regulation 119 contradicts Basi...
Notice of Intention to Seize and Demolish the Building in which _____ Abu Dheim, ID No. _____, lives
Other  |  6.8.2008
GOC Home Front Command's Notice of Intent and Demolition Order issued under Regulation 119 of the Defense (Emergency) Regulations 1945, for the home of the Abu Dahim family in Jerusalem. The house has been marked for demolition because it was the home of the person who carried out the attack at Merkaz HaRav Yeshiva in March 2008. The military notes that since a number of families are living in ...
Updates
13.1.2009
The High Court of Justice rejected HaMoked's petition against the Israeli Military's decision to seal the home of the family of the person who carried out the attack at "Merkaz Harav" Yeshiva in March 2008: The court did not see fit to intervene in the decision to seal the house despite the Shani Committee’s recommendation to stop house demolitions for the purpose of deterrence
9.11.2008
HaMoked petitioned the HCJ against the military's decision to seal the home of the family of the person who carried out the attack at "Merkaz Harav" Yeshiva in March this year: In the course of handling the case, the Military Advocate General forwarded HaMoked a computer presentation of the main findings of the Shani Committee. The Committee was set up to reexamine the military's use of house d...
7.9.2008
HaMoked – Center for the Defence of the Individual petitioned the HCJ to instruct the military to provide the family of the man who carried out the attack at "Merkaz Harav" Yeshiva with the plans for the demolition of his home as well as the report of the Shani Committee which examined the use of house demolitions as a deterrent: The Court ruled that the State must respond in 30 days and issued...
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