HCJ 8091/14 - HaMoked: Center for the Defence of the Individual et al. v. Minister of Defense et al. Judgment
Judgment | Judgment / Supreme Court | 31.12.2014
HCJ 8091/14 - HaMoked: Center for the Defence of the Individual et al. v. Minister of Defense et al. Judgment
Judgment dismissing a public petition filed by HaMoked and seven other human rights organizations. The court rules that Israel has the authority to demolish houses pursuant to Regulation 119 of the Defense (Emergency) Regulations, and that the aim of such demolition is deterrence rather than punishment. However, the court stresses that the authority to demolish houses must be exercised in a proportionate manner and only against perpetrators of particularly severe acts. The court rules that the actual deterrence achieved by house demolition should be examined in future, and therefore, henceforth, the court will ask the state to present concrete evidence for effective deterrence.
Judgment dismissing a public petition filed by HaMoked and seven other human rights organizations. The court rules that Israel has the authority to demolish houses pursuant to Regulation 119 of the Defense (Emergency) Regulations, and that the aim of such demolition is deterrence rather than punishment. However, the court stresses that the authority to demolish houses must be exercised in a proportionate manner and only against perpetrators of particularly severe acts. The court rules that the actual deterrence achieved by house demolition should be examined in future, and therefore, henceforth, the court will ask the state to present concrete evidence for effective deterrence.
