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HCJFH 360/15 - HaMoked et al. v. Minister of Defense et al. Judgement
Judgment | 360/15 | 12.11.2015

The Court rejects a request for a new hearing on the principled petition against the punitive home demolition policy, submitted by HaMoked and seven other human rights organizations. The Court rules that there is no place for renewed discussion of the organizations' claims, stating that "this proceeding was intended for clear and detailed rulings by the Court, and not for questions that the Court does not discuss". In conclusion, the Court repeats its statements from the principled petition, that "there is no doubt that the issue of punitive home demolitions raises 'difficult questions' and sometimes even 'a moral dilemma'" and that "the State has a duty to continue to examine the efficacy of the described policy".

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
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” (02) 627 1698   (02) 627 6317

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