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HCJ 1630/16 - Masudi et al. v. Commander of IDF Forces in the West Bank Judgment
Judgment | 1630/16 | 23.3.2016

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.

HaMoked to the HCJ on the issue of legality of punitive demolition: the time is ripe for a discussion of the principle issues before an expanded panel, in view of the fact that six of the justices are in favour of revisiting the prevailing case law
HCJ majority approved another punitive demolition in Hebron: but two of the justices were in favor of revising the core issues in an expanded panel
HaMoked to HCJ in motion for further hearing on punitive house demolitions: “Six justices of the Honorable Court believe themselves bound by case law… and are uncomfortable with this position”
HCJ rejects motion for further hearing on punitive house demolitions: “This is not the appropriate case for considering further review of the issues of principle relating to the use of Regulation 119 before an expanded panel of this Court”, ruled President Naor (02) 627 1698   (02) 627 6317

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