Damage to Property

Using “Security Grounds” to Legalize Illegal Settler Building: HCJ 4331/10 Municipality of Hebron v. State of Israel (Judgment of February 1, 2012)

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 judgment,[1] is still quoted in many judgments concerning the military's activities in the OPT.

Down the Slippery Slope: HCJ 2164/09 Yesh Din v. IDF Commander in the West Bank (Judgment of December 26, 2011)

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. Gandhi demanded Indians regain control over the subcontinent’s natural resources. To do so, he chose an effective symbol, one ordinary people could relate to, a symbol as simple as salt.

Alleged Investigation: The Failure of Investigations Into Offenses Committed by IDF Soldiers Against Palestinians

A report by Yesh Din uncovering the systematic flaws which prevent the success of MPCID investigations into offences committed by soldiers against Palestinians. Consequently, 96.5% of complaints filed are closed without indictments. The report is based on Yesh Din's monitoring of 192 complaints and analysis of dozens of investigation files, covering diverse offences against Palestinians and their property, including killing and injury, theft and other property damage, and abuse of detainees.

LCA 3675/09 - State of Israel v. Daud et al. Judgment

Judgment in an application for leave to appeal the District Court's decision that the State was liable for the damage the military had caused to Palestinians' greenhouses in a land-clearing operation. The appeal is granted. The Supreme Court rules that the elements of the tort of negligence were absent as to military's land-clearing operation. Nonetheless, contrary to the State's position, it rules that Amendment 4 of the Civil Wrongs (State Liability) Law does not apply to events which occurred prior to its enactment.

Soldiers Do Not Lie: CC (Jer.) 8811/04 Abu Snineh v. State of Israel (Judgment of November 9, 2009)

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.

CC (Jer.) 8811/04 Abu Sneina v. State of Israel Judgment

Judgment of the Jerusalem Magistrates' Court dismissing HaMoked's civil claim on behalf of Palestinians whose homes were taken over by the military for ten days, resulting in property damage and theft of valuables. The Court rules that while the statements of both the plaintiffs and the soldiers contained contradictions, those found in the soldiers' versions were immaterial and those found in the plaintiffs' were not. The Court also rules that the State was immune from prosecution on the property damage because this was a wartime action.

A Sewage Treatment Facility as a Parable: HCJ 4457/09 Mana’ v. Minister of Defense (Judgment of July 27, 2011)

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 treatment facility that was built in Ofra, on stolen Palestinian land and with funding provided by the Israeli tax payer.

HCJ 9717/03 - Na'ale et al. v. Supreme Planning Council in the Judea and Samaria Area Judgment

Judgment in petitions by two settlements, Na'ale and Nili, to prevent the building of a quarry in their vicinity. The petitions were rejected. The court rules that an "administrative authority, is not subject, for purposes of its decisions, to the finality and res judicata rules. Naturally, a change of information or circumstances may lead to, and occasionally must lead to, the changing of an administrative decision".

Complaint – conduct of a private investigator in the course of an open investigation by the Defense Ministry

HaMoked's complaint to the Legal Advisor to the defense agencies regarding severe suspicions against a private investigator sent by the Defense Ministry to conduct an open investigation in the home of Palestinian residents of Arraba. The investigator is suspected, inter alia, of breaching his duties under the regulations, creating a false presentation, providing false information to the persons under investigation, trespassing and violating of the complainants' rights and their proper contact with their lawyers and employees of HaMoked who liaise with them.

HCJ 10356/02, Haas v. IDF Commander in the West Bank - Judgment

Judgment in a petition by various right holders harmed by the Military Commander's seizure and demolition order to secure the safety of worshipers at the Cave of the Patriarchs. After considering the commander's discretion, the Court rules that the Area Commander is entrusted both with the safety of the military force under his command, and with the safety and wellbeing of the local inhabitants.

Jenin: IDF Military Operations

A report by Human Rights Watch regarding the events in the Jenin refugee camp during operation "Defensive Shield." The report establishes that during the incursion into the camp, security forces carried out severe breaches of international humanitarian law, some of which amount, prima facie, to war crimes. Among other things, the report details security forces' using Palestinian civilians as human shields from shooting and sending them to look for suspicious objects by means of coercion and armed threat. From the website of Human Rights Watch