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HCJ 6492/08 - S.H.A.’A.L. – Peace Now for Israel Educational Enterprises et al. v. IDF Commander in the West Bank Judgment
Judgment | 6492/08 | 14.1.2010
Judgment in a petition to instruct the military to evacuate the Israeli civilians living in the “Plugat Hamitkanim” Compound inside Hebron. The petition is dismissed. The petitioners claim that the military is violating the "principle of distinction" in the law of armed conflict, which requires distinguishing between combatants and civilians, thereby making the Israeli civilians legitimate targets for attack; also, that the seizure of the area was done for "political, settlement needs" rather than military ones, and is therefore illegal and must be revoked. The Court dismisses the petition for delay, and because there was a petitioner "closer" to the issue, who has previously turned to the Court.
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