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Jerusalem Report on court decision

October 2012

School, build of mud and used car tires, services community of Beduin, most of whose homes are marked for demolition.

“The High Court of Justice recently rejected a petition filed by settlers of Kfar Adumim demanding the demolition of a nearby Beduin “tire school.”

The school services a community of Beduin, most of whose homes are marked for eventual demolition, and it is ecologically built of mud and used car tires.

The petitioners had demanded that the court order the IDF to carry out the demolitions in the near future, as opposed to on whatever later date the IDF might theoretically carry them out in the course of following its own procedures.

Although the court recognized the petitioners’ claim that the Beduin community is likely eventually to be demolished, the court declined to intervene and second-guess the IDF on the timing of the demolition.

In fact, the court said that the judicial branch only intervenes in issues such as timing, which are firmly within the IDF’s operational discretion, in the most extenuating circumstances or where the IDF’s delay is so long as to be unjustifiable.

Moreover, as long as the community would be residing in the area, and the IDF has no near-term plans for removing the community, the court said there was no reason to block the community’s access to education by demolishing the school it has been using for years, illegally built or not.


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