Israel's High Court presses government over failed return of Palestinian family

The Israeli High Court of Justice questioned the state on Monday regarding a failed operation to return a Palestinian family to their home in Jalud, a village south of Nablus in the West Bank.

The state acknowledged a sense of shame and failure before the panel, which included President Isaac Amit, Justice Yechiel Kasher, and Justice Dafna Barak-Erez. The court had previously ordered authorities to secure the family's return within 14 days of September 6, providing security and access for repairs. That deadline passed without the residents settling back in.

The attempted return occurred on the night of September 28 and September 29. More than 100 Israeli extremists attacked security forces, preventing the Tubasi family from staying. Three Border Police officers were wounded, and the family's two houses were burned. The state's written response stated that officers shielded the residents with their bodies after exhausting crowd-control ammunition before evacuating them in an armored vehicle.

Attorney Ghiath Nasser, who represents the petitioners, told the court that the case began before the houses burned and has now reached a worse position. He noted that his clients still want to return and that the destruction has not changed that demand. Nasser also reported that his request to bring in engineers to assess the damage had gone unanswered.

State attorney Avi Milikovsky argued that the operation's failure did not reflect indifference to the court's order. He stated that the homes are now unsuitable for an immediate return because they are burned. The military's local liaison office has conducted a damage-assessment visit, according to Milikovsky. However, Justice Amit distinguished a brief inspection from the protection needed for sustained repairs, noting that workers would need to remain at the houses for a period of time.

The justices also pressed for an explanation on why a fire burned for seven hours without being extinguished. Justice Barak-Erez noted that if soldiers could be present, fire engines could also be present, despite the deputy commander citing difficulties in bringing equipment into Area B. The officer said he needed to check the specific details of the incident before providing a definitive answer.

Petitioners have sought enforcement through contempt proceedings, including a daily fine of 50,000 shekels. The state opposes this, arguing it acted to carry out the order. The deputy commander estimated that preparations for a lasting return would take up to 30 days, though operational circumstances could affect that timeline. President Amit closed the hearing by stating that a decision would follow.