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HCJFH 360/15 HaMoked - Center for the Defence of the Individual et al.v. Minister of Defense Request for Further Hearing
Court Documents | 360/15 | 15.1.2015
Request for further hearing in the public petition against the policy of punitive house demolition filed by HaMoked and seven other human rights organizations. HaMoked asserts that the issue and its repercussions are of the utmost importance and difficulty; that the petition's main arguments, that this is collective punishment and needless destruction of protected persons' property - both prohibited under international law, were never exhaustively discussed, in this judgment too. HaMoked mentions that the Palestinians have joined the Rome Statute, and thus gave the ICC jurisdiction to investigate and adjudicate violations of the laws of war in the West Bank. Based on the opinion of international-law experts, HaMoked cautions that punitive demolition may be considered a war crime.
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…”
The HCJ approves the punitive demolition of two homes in Jabal al Mukabber: in the dissenting opinion, Justice Mazuz held that “a sanction which directs itself at harming the innocent cannot, in my opinion, be justified under any circumstance”
HaMoked to HCJ in motion for further hearing on punitive house demolitions: “Six justices of the Honorable Court believe themselves bound by case law… and are uncomfortable with this position”
HaMoked in HCJ petition against a punitive house demolition: the time has come to revisit the general issue before an expanded panel (02) 627 1698   (02) 627 6317

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