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Hebron Local Council and others v. the State of Israel and others HCJ 5968/05 and 6353/05 Supreme Court of Israel
01.03.2006

Summary
(From the Yearbook of International Humanitarian Law)

The case concerned orders for the requisitioning of private land in the Hebron area for the purpose of constructing concrete walls around two military bases. In both cases the requisition was to be followed by transplanting olive and fruit trees from the requisitioned area. The orders had been partly modified by the respondents following appeals by the land owners. However, the petitioners claimed that the orders were motivated by unlawful discrimination and caused disproportionate injury to their rights. The Court ruled that requisition of land for essential military purposes was permitted under the law of occupation, embodied in the 1907 Hague Rules and in the humanitarian provisions of the IV Geneva Convention. Such needs include the protection of combatants and civilians present in the area. The Court upheld the proportionality of the measures taken.

Areas of particular interest:

Para 4: Confiscation of private property due to military needs

Para 5: The right of the injured party to state their opinion prior to the requisition of the land.


Decision
File TypeSizeFile Name
application/pdf 31 KB HCJ 5968.05.pdf