Supreme Court rules: Home of Dvir Sorek's murderer will not be destroyed - Defense/Security

Justices Uzi Fogelman and Anat Baron rule IDF cannot demolish home of terrorist in cell which murdered yeshiva student.

The Supreme Court on Monday ordered the IDF not to demolish the home of one of the terrorists who murdered Dvir Sorek.

The order, which was issued by Judges Uzi Fogelman and Anat Baron, saved the home of Mahmoud Atuna, who was part of the squad that carried out the stabbing attack near Migdal Oz in which Dvir Sorek was murdered. Sorek, 18, was returning to his yeshiva to give his rabbi a book as a present to mark the end of the school year when he was attacked and murdered in August, 2019.

The majority judges ruled that the demolition order was delayed for five months after the attack and three months from the indictment against the terrorist.

According to them, the delay in issuing the demolition order renders the discretion in issuing the order unreasonable, and therefore the order should be canceled.

"The demolition order at the heart of our business is aimed at demolishing the home of Atuna's wife and his three minor children, who are innocent and did not show any involvement in the attack - neither initially nor retrospectively. Already for this reason, there is a real concern that the demolition order serves as a purely punitive sanction, and that is not the purpose of the demolition authority given by the military commander by virtue of Regulation 119, "Justice Baron wrote.

She said, "This concern is growing in light of the passage of time from the attack to the time the demolition order was issued (five months), and especially during the period that has long since destroyed the homes of all other members of the terrorist group to which Atuna belongs."

Justice David Mintz wrote the minority opinion that the demolition order should be carried out.