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13.2.2017

The state to the HCJ: the decision to punitively seal a home in Jabal Mukabber is proportionate, “in light of the case law which does not preclude use of the Regulation [no. 119] even when there are innocent people who are harmed”

On February 13, 2017, the High Court of Justice (HCJ) held a hearing on HaMoked’s petition against a punitive sealing order the military had issued for a house in Jabal Mukabber, East Jerusalem. The military order relates to the part of the house where the perpetrator of the January 8, 2017 attack in Armon HaNatziv, Jerusalem, lived with his wife and four little children (the youngest nine months old, the eldest seven years old).

To Justice Danziger’s question, whether the state’s decision took into account the fact that the widow and her children would be harmed for no wrong they had done, the state answered: “At the end of the day, when everything was placed on the scales, [the fact is] that this was a severe attack which had severe outcomes and in light of the case law which does not preclude use of the Regulation even when there are innocent people who are harmed, including minors who have lived in the house”.

Despite Justice Baron’s finding in previous judgments that the family’s degree of involvement was important in determining the proportionality of the home-demolition decision, she remained silent in the present hearing.
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