11.04.2007|Court Documents|Petition to HCJ

HCJ 3216/07 - Hamdan et al. v. The State of Israel et al. Petition for Order Nisi and Interim Order

HaMoked's Petition to allow Palestinian residents of the Occupied Territories to have their spouses enter the Territories and lead a normal, shared family life with them. The Petition was filed after the military has long since refused to receive new applications for family unification and visitor permits, save for isolated cases. The military's refusal to do so has been blamed on lack of cooperation with the Palestinians or on an attempt to reduce the number of illegal aliens. Sometimes it has remained unexplained. HaMoked claims that the military's policy is driven by racist, demographic considerations and that its aim is to harm the Palestinian population and put pressure on it. The military's refusal impedes the residents' right to a shared family life, which was recognized as a fundamental constitutional right by a majority of the Justices in the Adalah case. In that case, the restrictions were presented as based on security needs. No such claim has been made by the military in this matter.