Amit Ben Yigal
Amit Ben Yigal צילום: ללא קרדיט

The Israeli Supreme Court has ruled against a demolition order for the home of a Palestinian Arab terrorist who murdered a 21-year-old IDF soldier in May.

The IDF was set to demolish the home of Nizmi Abu Bakr, the 49-year-old terrorist and resident of the Palestinian Authority-controlled town of Yabad in the Jenin district.

On Monday, however, the court ruled two-to-one in favor an appeal filed on behalf of the terrorist’s wife and eight children.

Justices Menny Mazuz and George Kara ruled in favor of the appeal, cancelling the demolition order, while the third justice on the panel, Yael Vilner, opposed the appeal, saying that the demolition order had been signed in accordance with the law.

“In our case, the appeal comes from the terrorist’s family, his wife and eight children, including minors, who slept while their father woke up at 4:30 a.m. to the sound of shouting and women crying from the neighbor’s home, went up to the roof of his apartment on the third floor and picked up a half of a cinder block from there and threw it at the soldiers who were in the town then for an operation, resulting in the death of IDF soldier Amit Ben Yigal,” Judge Kara wrote.

“No one else in the family knew or was involved in the terrorist’s actions,” continued Kara.

“Under these circumstances, I do not believe it is proper to punish the terrorist’s wife and children by demolishing their home. Justice will come by way of punishing the terrorist. But there is no justification to punish those who have not sinned for their father’s actions.”

The Im Tirtzu group, which works in tandem with the Choosing Life Forum of Bereaved Families, slammed the court's decision Monday.

"The High Court has proven time after time that it places a greater importance on the property of the families of terrorists than on the lives of Israelis, Jews and Arabs alike. We call on Defense Minister Gantz to disregard the High Court's ruling and destroy the terrorist's home."

"This is another dark day for the High Court of Justice," added Im Tirtzu.

In June, Israeli security forces captured Abu Bakr.

Amit Ben Yigal, who had been part of an IDF force which was withdrawing from the town of Yabad following an arrest operation of a wanted terrorist was killed when the 10 kilogram cinder block thrown by Abu Bakr struck him in the face.

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