Center for the Defence of the Individual - HCJ 1630/16 - Masudi et al. v. Commander of IDF Forces in the West Bank Judgment
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23.03.2016|Judgment|Judgment / Supreme Court

HCJ 1630/16 - Masudi et al. v. Commander of IDF Forces in the West Bank Judgment

Rejection of HaMoked's petition against the state's intention to destroy, in the Qalandiya Refugee Camp, the family home of the assailant in a stabbing attack in the Cave of the Patriarchs in December 2015. The Court rules by majority that it "cannot be avoided in this case that there are no grounds for interference, in light of precedent in its current form". In a dissenting opinion, Justice Mazuz states the petition should be accepted and the demolition order revoked, and reiterates his opinion that punitive home demolitions give rise to a number of difficult legal questions. He further joins Justice Vogelman's call, rejecting the petition, "to re-examine, in an expanded panel, issues regarding the enactment of Regulation 119", which provides the legal authority for punitive home demolitions.

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