Center for the Defence of the Individual - A house wholly rebuilt after incidental negligent demolition by the military is again to undergo partial punitive demolition: following HaMoked’s petition, the demolition’s scope is limited and occasional use of the targeted floor is allowed provided “it does not conflict with the purpose of the seizure and demolition order”
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חזרה לעמוד הקודם
16.01.2017

A house wholly rebuilt after incidental negligent demolition by the military is again to undergo partial punitive demolition: following HaMoked’s petition, the demolition’s scope is limited and occasional use of the targeted floor is allowed provided “it does not conflict with the purpose of the seizure and demolition order”

About a year after the military punitively demolished a floor of a residential building in a negligent manner, which required the rebuilding of the entire structure, the military accused the family of “construction on the floor that was attributed to the terrorist and seized by the military commander”. The military ordered the property owners to speedily demolish the staircase and support columns built on the roof, otherwise the military would do it.

Following HaMoked’s petition to the High Court of Justice (HCJ) on the matter, the military agreed, on January 15, 2017, to require only the demolition of the support columns, to be carried out by the occupants themselves, “while leaving a handrail on the roof of the structure to allow safe use of the roof for the installation of solar water heaters, water containers, the hanging of laundry and so on”. The military demanded in return a written undertaking by the property owners that no construction would be made on the seized floor, and that no additional floors would be constructed beyond the existing ones without prior coordination with the military commander.

The military ordered the occupants to carry out the demolition within 21 days.

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