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COURT WATCH - Damage to Property

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Using “Security Grounds” to Legalize Illegal Settler Building: HCJ 4331/10 Municipality of Hebron v. State of Israel (Judgment of February 1, 2012)
Criticism  |  4331/10  |  30.12.2012  |  Adv. Yotam Ben Hillel
Criticism
When the High Court of Justice (HCJ) reviews the military's conduct in the Occupied Palestinian Territories (OPT), it routinely says that every Israeli soldier carries in his backpack the rules of customary public international law concerning the law of war and the fundamental principles of Israeli administrative law. This statement, which originates in the famous Jam'iat Iscan Al-Ma’almoun jud...
A Sewage Treatment Facility as a Parable: HCJ 4457/09 Mana’ v. Minister of Defense (Judgment of July 27, 2011)
Criticism  |  4457/09  |  1.12.2012  |  Adv. Clara Unger
Criticism
There is no longer a need to delve into poetry or prose.Reading the judgment and submissions in the Mana’ judgment reminds us that the metaphoric force of reality is as powerful as the inventiveness of a talented poet with the richest of imaginations.The stench, quite literally, of this case which found its way to the High Court of Justice (HCJ), reeks to high heaven. It is the case of a sewage...
Down the Slippery Slope: HCJ 2164/09 Yesh Din v. IDF Commander in the West Bank (Judgment of December 26, 2011)
Criticism  |  2164/09  |  1.10.2012  |  Adv. Clara Ungar
Criticism
In 1930, at the age of 61, Mahatma Gandhi led the famed Salt March. Gandhi walked for about 400 kilometers towards the Indian Ocean shore in order to produce salt using his own hands and a small cooking pot. He did this to protest the British monopoly on the manufacture of salt and the restrictions that prohibited Indians from making salt and forced them to buy it from the British Empire. Gandh...
Expropriation by Forestation: HCJ 704/85 ‘Attoun v. Ministry of Finance (Judgment of November 18, 1986)
Criticism  |  704/85  |  1.3.2012  |  Adv. Yotam Ben Hillel
Criticism
In Shakespeare’s classic tragedy, Macbeth, the protagonist, asks the three witches to tell him what his future holds. The witches assure him that he will be king as long as Birnam Wood does not advance toward his castle. The witches’ prophecy calms Macbeth, but later on, the English army cuts boughs from the trees of Birnam Wood and uses them as camouflage to advance toward his castle. Macbeth’...
The Right to Compensation According to International Law and According to the Supreme Court: LCA 3675/09 State of Israel v. Daud (Judgment of August 11, 2011)
Criticism  |  3675/09  |  1.1.2012  |  Adv. Yossi Wolfson
Criticism
The relationship between the Supreme Court of Israel and international law has had its share of ups and downs. The Supreme Court’s judgment in Daud, with the lead opinion written by Deputy President Eliezer Rivlin, marks one of the lowest points in this relationship. In a short paragraph at the end of the opinion, the court relegates international law to the status of outcast among the laws it ...
Demolition of Palestinian Homes in Hebron to Ease the Daily Life of Jewish Settlers: HCJ 10356/02 Haas v. IDF Commander in the West Bank (Judgment of March 4, 2004)
Criticism  |  10356/02  |  1.12.2011  |  Adv. Yossi Wolfson
Criticism
In one of the Israeli Supreme Court’s comprehensive judgments regarding the law applicable in the OPT, the court acknowledged the constitutional status of the human rights of residents of the OPT. In that same judgment, the High Court of Justice (HCJ) sanctioned the demolition of Palestinian houses in Hebron. The judgment was penned by Justice Procaccia with the consent of the then Supreme Cour...
Soldiers Do Not Lie: CC (Jer.) 8811/04 Abu Snineh v. State of Israel (Judgment of November 9, 2009)
Criticism  |  8811/04  |  1.4.2010  |  Adv. Yossi Wolfson
Criticism
Unit 202 of the Israeli military has a reputation as being a top operations unit. This is judicial knowledge; or so at least according to the judgment of Judge Malka Aviv at the Jerusalem Magistrates Court in the matter of Abu Snineh. I will confess: this author has no idea what Unit 202 is, or what reputation it has gained. Perhaps this is the root of the problem.The verdict concerns events th...
Expropriation of Private Palestinian Land for Building a Road for Israelis: HCJ 393/82 Jam'iat Iscan Al-Ma’almoun v. IDF Commander in Judea and Samaria Area (Judgment of December 28, 1983)
Criticism  |  393/82  |  1.1.2010  |  Adv. Yossi Wolfson
Criticism
The judgment in Jam'iat Iscan Al-Ma’almoun is a pillar of the Israeli law of occupation. One would be hard pressed to find a common law rule relating to the occupation which cannot be supported by this judgment. It is essential reading material for any lawyer training in this field and an inexhaustible source for quotes. The judgment is also a microcosm of the Supreme Court’s functioning when i...
Seizure of Private Land for the Purpose of Building Settlements: HCJ 390/79 Dweikat v. Government of Israel (Judgment of October 22, 1979)
Criticism  |  390/79  |  1.1.2010  |  Adv. Yossi Wolfson
Criticism
The Dweikat judgment (also known as the Elon Moreh judgment) is considered a bright spot in the Israeli Supreme Court’s case law regarding the OPT. Then Acting Supreme Court President Moshe Landau, who wrote the principal opinion in the case, undoubtedly viewed the ruling in favor of the Palestinian residents as a bold, dramatic and courageous step for which the court might yet pay the price. A...
The Plundering of Resources and their Exploitation for Israeli Interests: HCJ 9717/03 Na’ale v. Supreme Planning Council in the Judea and Samaria Area; HCJ 10359/03 Nili v. Supreme Planning Council in the Judea and Samaria Area (Judgment of June 14, 2004)
Criticism  |  9717/03  |  1.1.2010  |  Adv. Yossi Wolfson
Criticism
One of the most important rules in the laws of occupation is the prohibition on the occupying power to plunder the occupied territories and transfer its non-renewable resources to its own hands. The Israeli court reviewed this rule in a petition filed by residents of two settlements, Na’ale and Nili, against the establishment of a quarry in the Natuf valley nearby.The settlers were concerned ab...
Affirmative Action in Favor of the Majority: HCJ 114/78 Burqan v. Minister of Finance (Judgment of July 4, 1978)
Criticism  |  114/78  |  1.12.2009  |  Adv. Yossi Wolfson
Criticism
It could be said that the Burqan judgment enshrines in Israeli law the principle of affirmative action – in favor of the Jewish majority.These are the facts as reflected in the judgment: the family of the petitioner, a Palestinian resident of East Jerusalem, had lived in a rented apartment in the Jewish Quarter in the Old City of Jerusalem since 1947. The apartment may have been partly owned by...
Punitive Home Demolitions: HCJ 1730/96 Sabih v. IDF Commander in the Judea and Samaria Area (Judgment of March 19, 1996)
Criticism  |  1730/96   |  1.12.2009  |  Adv. Yossi Wolfson
Criticism
It seems that some views merit being heard only as a minority opinion in the Israeli Supreme Court. So, for example, then Justice Mishael Cheshin's firm stance against home demolitions as collective punishment.The language of the Regulation clearly indicates that this is pure collective punishment. Such punishment contravenes the fundamental principles of democratic law Israel demolishes homes ...
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