Today, July 31, 2014, HaMoked filed three urgent petitions with the High Court of Justice (HCJ) against the intended punitive demolitions of two homes in Hebron – the homes of
two fugitives who have been missing from their homes since the abduction and killing of the three Israelis and the intended sealing of the third home –
the family home of a third man, suspected to have aided the two.
In the petitions HaMoked requested an interim order, which would prevent any damage to the houses until a final decision in the petitions is given.
With respect to the apartment of one of the fugitives, located on the upper floor of a two story building and which is intended for demolition, HaMoked clarified, that the demolition should not be carried out without the state's submission of a professional opinion concerning the anticipated effects of the demolition on the other parts of the building or adjacent buildings, and its undertaking to compensate the injured parties – if any damage is caused.
With respect to the family home of the nuclear family of the man suspected of having aided the two fugitives, which is intended to be completely demolished, HaMoked demanded that to the extent it is decided to carry out the demolition order, the state would undertake to carry out the demolition in a moderate manner, which would not cause damage to the surrounding environment.
HaMoked reiterates its general position, according to which punitive demolition of homes – or their sealing – is an inappropriate and prohibited collective punishment, in violation of international law and the fundamental principle of Israeli jurisprudence, according to which a person is not punished for the actions of others. The demolition of homes is not executed in lieu of criminal punishment but in addition thereto, and those who are injured thereby are the inhabitants of the demolished home, rather than the person to whom the actions are attributed and who, in the vast majority of cases, was either imprisoned or killed.
The court accepted HaMoked's request for an interim order and directed the state to respond to the petitions until August 3, 2014, at 17:00. A hearing in the petitions was scheduled for August 4, 2014, at 10:00 a.m.
