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Re: HCJFH 360/15 – Petitioners’ Motion for Leave to Submit an Authority
Court Documents | 360/15 | 10.5.2015
The state's response to HaMoked's request to submit to the court an expert opinion authored in 1968 by then Israeli foreign ministry legal advisor, Prof. Theodor Meron. HaMoked's request was submitted in the context of the application for a further hearing of the public petition against the policy of punitive house demolition, filed by HaMoked and a line of human rights organizations. The state maintains that the document is completely irrelevant given that its does not concern house demolition for deterrence but for punishment. The state also asserts that only rarely is it permissible to submit new evidence when seeking a further hearing by the court; however, the state leaves it for the court's discretion.
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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