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HCJ 1014/16 - Skafi et al. v. Military Commander of the West Bank Area et al. Judgment
Judgment | 1014/16 | 28.2.2016

Rejection of HaMoked's petition not to demolish the home in Hebron of the suspect in a vehicular attack at the Halhul junction in November 2015. Regarding HaMoked's claim that the evidentiary basis is not sufficient for ruling that the event was an attack, rather than an accident, the judges rule by majority that the evidence meets the threshold for applying the military commander's authority. Justice Zilbertal, in a dissenting opinion, states an order nisi should be issued, "because the respondent did not have sufficient administrative evidence to enact its authority", and that in light of the severity of the method of home demolitions, an evidentiary threshold is required which is not just "sufficient proof", but "clear, indisputable and convincing".

The HCJ approves the punitive demolition of a home in Hebron, as “we must promote deterrence also in this manner”; Justice Zylbertal in the minority opinion: “the Respondent did not have sufficient administrative evidence in order to exercise his authority”
The HCJ rejected HaMoked’s request for further hearing in a punitive demolition case: the judgment does not set a new precedent on the required evidence level for exercising the authority to demolish homes, it only rules on this issue under the particular circumstances of the present case (02) 627 1698   (02) 627 6317

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