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HCJ 7220/15 - 'Aliwa et al. v. Commander of IDF Forces in the West Bank Judgment
Judgment | 7220/15 | 1.12.2015

Judgment on HaMoked's petition to instruct the State not to demolish the home of a man suspected of planning an attack from October 2015, during which the Henkin couple was murdered. The Court rejects the petition by a two vote majority, ruling that the military's decision is proportionate, and there is no cause to interfere in it. In a dissenting opinion, Justice Mazuz rules a sufficient evidentiary basis for rejecting the petition has not been presented. On the one hand, the criminal investigation against the young man, who did not take part in the shooting attack but is suspected of participating in its organization, is still ongoing; on the other hand, executing the demolition order would result in irreversible harm to the man's innocent family.

The HCJ rejects a petition against a punitive demolition in Nablus: the minority opinion holds that “Using Regulation 119 in the areas of Judea and Samaria and East Jerusalem … raises a series of tough legal questions, which… have not yet been given a satisfactory and up-to-date answer in the adjudication of this court” (02) 627 1698   (02) 627 6317

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