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HCJ 1938/16, 1999/16, 2002/16 - Abu Alrub, Nasser, Kmeil et al. v. Commander of IDF Forces in the West Bank Judgment
Judgment | 1938/16 | 24.3.2016

Judgment on three petitions submitted by HaMoked against the intention to destroy three homes in Qabatiya, belonging to the assailants in a stabbing and shooting attack in the Old City of Jerusalem. The Court rejects the petitions, ruling that "the basic assumption is that harming property is permitted where there is a chance of saving human lives; if the deterrence is indeed helpful, and lives will be spared, the sorrow of causing damage to property is overpowered by the sanctity of life". In a dissenting opinion, Justice Joubran states that the petition should be accepted. In his words: "I feel uneasy with the use of Regulation 119", which grants the legal authority for home demolitions, and "the questions arising from enacting the authority in Regulation 119 should be re-examined in an expanded panel". This statement is joined by Justice Barak-Erez, though she was of the opinion that the petition should be rejected.


Updates
27.3.2016
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
30.3.2016
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”
4.4.2016
HCJ approves punitive demolition of three homes in Qabatiya: Two of the justices called for reconsideration of case law on demolitions
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