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HCJ 390/79 - Duweikat et al. v. Government of Israel et al. Judgment
Judgment | 390/79 | 22.10.1979
Judgment in a petition by Palestinians who own lands near Nablus to instruct the Government of Israel to return their lands expropriated for the establishment of the Elon Moreh settlement. The petition is granted. The Court rules that the military government cannot create for its military needs facts on the ground which are planned to last after the end of the military government, when the fate of the area is unknown. As the dominant consideration behind the government's decision to establish the settlement was not a military consideration, the expropriation does not meet the standards set under both Israeli domestic law and international customary law.
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