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HCJ 8150/15, 8154/15, 8156/15 - Abu Jamal et al. v. GOC Home Front Command Judgment
Judgment | 8150/15 | 22.12.2015

Judgment rejecting three petitions submitted by HaMoked against the punitive demolition of two houses in the Jabel Mukaber neighborhood in Jerusalem -  homes to the families of the assailants in an attack in Jerusalem on October 13, 2015. In the majority opinion, the judges rule that the petitions should be rejected due to the recent precedent in the principled petition against punitive home demolitions, and in light of the many recent judgments deeming the practice legal. In the dissenting opinion, it was stated that orders nisi should be issued in two of the three petitions, and that "a sanction aimed at harming innocent parties cannot stand, whether we see in it a harm of rights, a breach of authority, unreasonableness or disproportionality".

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”
The HCJ approved a punitive demolition of a housing unit in Surda: “we sit amongst our people in the current grim daily reality… we cannot assume that things are made only to appease public opinion…”
Despite the insufficient administrative evidence presented by the state: the HCJ rejected HaMoked’s request to hold a further hearing in the petition against the punitive demolition of a home in Jabal al-Mukabber
Following the HCJ’s approval: the military punitively demolished two housing units in Jabal al Mukabber in East Jerusalem (02) 627 1698   (02) 627 6317

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