12.06.2008|Court Documents|Petition to HCJ
HCJ 5263/08 - Al-Harimi et al. v. Commander of the Military in the Occupied Territories Petition for Order Nisi
HaMoked's petition to allow a woman and her children to travel from the West Bank to the Gaza Strip to visit the father of the family - who was removed to Gaza following the May 2002 incident in which Palestinians barricaded themselves in the Church of the Nativity - whom they had not seen since September 2006. The petitioners claim the army's refusal to allow the visit constitutes a violation of its undertaking in the Alabayiat case – to allow the families to visit Gaza subject to a security check and the absence of a full closure. Such a refusal also injures the petitioners' basic right to family life and constitutes a blatant violation of Israel's obligations as an occupying power in accordance with international humanitarian law.