The Petition
H.C. 4969/04, Adalah et.al. v. IDF Major General, Central Command, Moshe Kaplinski, et.al. (case pending).
Adalah, the Palestinian Centre for Human Rights – Gaza (PCHR) and Al-Haq filed a petition and a motion for injunction to the Supreme Court in May 2004 against IDF Major General – Central Command, IDF Major General – Southern Command, the Chief of Staff, the Minister of Defense and the Prime Minister. The petitioners asked the Supreme Court to define, for the first time, the scope of the legal term “military necessity,” and challenged the army’s use of the justification of “military necessity” for its policy of home demolitions. The most recent examples of this policy have occurred during the Israeli army’s military operations in Rafah refugee camp, Gaza Strip, in May 2004, as well as in Jenin refugee camp and Nablus, West Bank, in 2002, during the course of which homes have been extensively demolished, rendering hundreds of families homeless.
The Petition (Hebrew)