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HCJ 8091/14 - HaMoked: Center for the Defence of the Individual et al. v. Minister of Defense et al. Petition for Order Nisi
Court Documents | 8091/14 | 27.11.2014
Public petition filed by HaMoked and seven other human rights organizations asking the court it revisit the lawfulness of using Regulation 119 of the Defense (Emergency Regulations) for punitive house demolition. HaMoked asserts that house demolition constitutes a grave breach of international humanitarian law, and that the rulings of Supreme Court in the matter are incongruent with fundamental principles it established in rulings addressing the tension between security considerations and human rights under international law. Furthermore, that in certain circumstances, the house demolition policy may constitute a war crime, over which, in certain conditions, the International Criminal Court has jurisdiction.
HaMoked heads group of human rights organizations in HCJ petition: Instruct the state to cease the illegal practice of punitive house demolitions in the OPT, including East Jerusalem.
The HCJ has ruled: HaMoked's general petition on punitive house demolitions will be heard on December 3, 2014, at 11:30 a.m., together with the petitions filed on behalf of two East Jerusalem families whose homes are slated for demolition
In response to the petition of human rights organizations against the practice of punitive house demolition: the state attempts to avoid discussing the morality and legality of the inhuman policy
The HCJ's decisions over the planned punitive demolitions of four homes in East Jerusalem and in the general petition against this punitive policy: the general petition was rejected; three of the homes may be demolished and the state must justify again the planned demolition of the fourth home
The court denied the general petition filed by HaMoked and other human rights organizations against the punitive house demolition policy: the court ruled that the state had the authority to demolish houses, but it should exercise it proportionately
HaMoked heading a group of human rights organizations to the HCJ: a further hearing before an expanded panel should be held in the general petition against punitive house demolitions
State to HCJ: No room for further review of punitive house demolitions after general petition filed by HaMoked against it was dismissed
In a legal opinion from 1968, then legal advisor of the Israeli foreign ministry determines that punitive demolition of houses in the OPT contradicts international law: HaMoked and other human rights organizations request the court to hold a further, expanded hearing in the general petition recently rejected
The HCJ dismissed the motion for further hearing before an expanded panel in the public petition against punitive home demolitions: Court President Naor ruled that “this petition, at the time it was filed, was not the optimal vehicle for the applicants’ arguments…” (02) 627 1698   (02) 627 6317

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