Decree regarding the disposal of new buildings (Judea and Samaria) (temporary order) (No. 1797), 2018

The Decree Regarding the Disposal of New Buildings (Judea and Samaria) (Temporary Order) (No. 1797), 2018 authorizes the demolition and removal of structures built without proper authorization in the West Bank. Under this decree, such buildings must be removed within 96 hours of the issuance of a removal order. However, filing a petition to the Israeli High Court of Justice (HCJ) or an Administrative Petition before the District Court in Jerusalem typically results in a temporary stay of demolition while the case is under review.

For example, in some cases, the HCJ addressed appeals challenging removal orders for schools in the West Bank. In HCJ 7656/17, the Court found that the school was constructed in a manner that posed significant safety risks to the children using it. In HCJ 8206/22, the school was built illegally within an active military fire zone, rendering its location both unlawful and hazardous. Both appeals were dismissed, upholding the demolition orders.

These cases occurred in the West Bank, which, while not considered an active battlefield at the time, operates under the laws of belligerent occupation. Hence, the application of international humanitarian law (IHL) remains relevant to the context.