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HCJ 5141/16 HCJ 5506/16 - Mahamara et al. v. Commander of Military Forces in the West Bank et al. Judgment
Judgment | 5141/16 | 24.7.2016

Judgment on HaMoked's petitions against the state's intention to demolish the homes of the suspects in a shooting attack in Tel Aviv in June 2016. The Court rejects one of the petitions and accepts the other partially, by limiting the demolition order to the third floor of the building. The Court rejects HaMoked's principled claims that home demolitions do not create deterrence. The State's claims that the suspects' families were involved in the actions are accepted, but Justice Vogelman expresses a reservation, stating that "it is necessary to differentiate between advance knowledge by the family and knowledge after the fact; as well as differentiating between general awareness on the part of the family regarding a person's worldview, and their knowledge regarding a concrete plan for an attack".

The HCJ approved two punitive demolition orders, one partially: “there are grounds to the assumption that the atmosphere prevailing at the assailants’ homes encouraged them… to be involved in security activity against Israelis”; Justice Vogelman: “a distinction should be made between general awareness on part of the family members… and their actual knowledge of a concrete plan”
HaMoked to the HCJ: direct the military not to resume enforcing a partially-implemented punitive demolition order (02) 627 1698   (02) 627 6317

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