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HCJ 2088/10, 4019/10 - HaMoked: Center for the Defence of the Individual et al. v. Commander of West Bank et al. (Partial) Judgment
Judgment | 2088/10 | 24.5.2012

(Partial) judgment on two petitions submitted by HaMoked and other organizations, against the military procedure permitting Palestinians from the Gaza Strip "to settle" in the West Bank only in exceptional humanitarian cases, and against the forced removal of Palestinians from the West Bank to Gaza based on their out-of-date addresses. The HCJ rejects the petition against the "settlement procedure", but recommends that the military expand the criteria for permitting "settlement" in the West Bank. The HCJ rules that Israel's policy harms Palestinians who are not involved in terrorism, and recommends viewing marriage as justification for "settlement". In the "address petition", the judges issue an order nisi instructing the state to explain why it does not avoid the forced removal to Gaza of Palestinians who are registered in the population registry as living in Gaza, but who moved to the West Bank prior to 2005.

Judgment in two general petitions filed by HaMoked: HCJ recommends broadening the criteria for “settlement” in the West Bank by Palestinians from the Gaza Strip and instructs the state to explain why it should not refrain from forcibly removing to Gaza Palestinians who moved to the West Bank before 2005
Israel continues to pursue its policy of separation between the West Bank and the Gaza Strip: the Coordinator of Government Activities in the Territories presents a revised procedure for the passage of Palestinians from Gaza to the West Bank for the purpose of relocation, which proves to be no less draconian than the original procedure
The HCJ to the State: it is unreasonable to compel lifelong inhabitants of the West Bank – from birth or infancy – to live there pursuant to renewable stay permits, like foreigners in their own land (02) 627 1698   (02) 627 6317

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