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HCJ 1631/16 - 'Aliwa et al. v. Commander of IDF Forces in the West Bank Judgment
Judgment | 1631/16 | 27.9.2016

Judgment on two petitions submitted by HaMoked against the demolition of the family homes of two suspects of involvement in a shooting attack in which Eitam and Naama Henkin were killed, given after the Court issued an order nisi in the petitions, instructing the state to justify demolition of the homes. The court accepts one of the petitions due to evidentiary difficulties, and rejects the other by a majority of votes, due to the assailant's actions being of the most severe nature. In a dissenting opinion on the second petition, Justice Baron rules that demolition of the house is disproportionate. The Justices focus on questions regarding "the impact of the [suspect's] actions on the execution of the attack, and if they were sufficient to justify enacting the sanction stemming from Regulation 119".

The HCJ revokes one punitive demolition order and upholds another: Regulation 119 may be implemented against “indirect” culprits if their actions were crucial for the “realization of the attack” (02) 627 1698   (02) 627 6317

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