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HCJ 6745/15 - Abu Hashiyeh et al. v. Military Commander of the West Bank Judgement
Judgment | 6745/15 | 1.12.2015

Judgment on HaMoked's petition against the State's intention to demolish the home of a suspect in a stabbing in Tel Aviv in November 2014. The Court accepts the petition, in a majority of two to one, and instructs the cancellation of the demolition order due to the substantial delay in issuing it. In the Judgment, the majority judges rule that "application of the authority must be related to the legal justification for its use, that is, the order must be issued because of the attack committed by the relative who lived in the house to which the order applies, and not due to later, unrelated events".

The HCJ in a rare decision in HaMoked’s petition against a punitive demolition order: the family home in the Askar Refugee Camp will not be demolished; “the Respondent’s exercise of the authority about a year after the [suspect]’s murderous deeds cannot anyhow lead to the desired and legitimate deterrence outcome”
The HCJ rejects a petition to demolish the family homes of Israeli Jewish assailants: “Given the difficulties arising from exercising the authority under Regulation 119… it seems it would be wrong to extend it to other attribution groups regarding whom even the state considers it unnecessary at this stage” (02) 627 1698   (02) 627 6317

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