HCJ 5263/08 - Al-Harimi et al. v. Commander of the Military in the Occupied Territories Judgment
Judgment | Judgment / Supreme Court | 11.02.2009
HCJ 5263/08 - Al-Harimi et al. v. Commander of the Military in the Occupied Territories Judgment
The HCJ rejected 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. The Court ruled that the undertaking was contingent upon circumstances, and the security situation in Gaza following the fighting prevented its fulfillment. However, the Court also ruled that the State's undertaking to allow visits was still in effect, and would be realized once the security circumstances change.
The HCJ rejected 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. The Court ruled that the undertaking was contingent upon circumstances, and the security situation in Gaza following the fighting prevented its fulfillment. However, the Court also ruled that the State's undertaking to allow visits was still in effect, and would be realized once the security circumstances change.
