Israel's Supreme Court Rejects Ra'am Party's Petition to Halt Demolitions

Israel's Supreme Court has rejected a petition filed by the Ra'am party, led by MK Mansour Abbas, which sought to restrict enforcement actions related to building and planning violations and the evacuation of public lands during the election period leading up to the formation of a new government. The petitioners had argued that enforcement actions should be limited to exceptional, urgent, and essential cases, to prevent the political exploitation of enforcement powers. Specifically, the petition targeted the powers of the Minister of National Security, the Israel Police, the National Enforcement Authority for Real Estate, and the Israel Land Authority.

The petitioners contended that Minister of National Security Itamar Ben-Gvir, who is running in the upcoming Knesset elections, was using his enforcement powers, particularly in demolishing homes of Arab citizens, to advance his election campaign. They claimed that enforcement actions, especially in Arab communities and unrecognized villages, had intensified in the weeks before the election without apparent urgency, with Ben-Gvir reportedly present at demolitions and promoting them in propaganda videos. This, they argued, constituted an illegal use of public resources for election propaganda, a conflict of interest, and unequal enforcement that harms the public's right to vote.

The petition also raised concerns about the Israel Land Authority increasing its efforts to evacuate public lands and demolish homes in Arab communities, with some eviction notices scheduled for election day itself, potentially hindering Arab citizens' ability to vote. The petitioners requested that demolitions and evictions during the election period require prior written approval from the Attorney General and be limited to cases of immediate danger or vital public interest, with no appearance of political motivation.

Supreme Court Justice Gila Kenaf-Steinitz, writing the ruling, stated that the requested relief was too broad and that the petitioners had not provided sufficient factual evidence to justify judicial intervention. She noted that while statements from the minister and data on demolitions were attached, there was no evidence of a recent change in enforcement policy influenced by election considerations. The court found no basis for the claim of a "dramatic increase" in demolitions or selective enforcement.

Furthermore, Justice Kenaf-Steinitz dismissed the petition on grounds of delay and failure to exhaust administrative remedies. She pointed out that the petitioners first approached the Attorney General only on October 9, despite the Knesset dissolving in July, and had not approached other respondents prior to filing the petition. The court emphasized that in election-related matters, even short delays can be significant, and the petition was filed only about a week after the initial inquiry, leaving insufficient time for a response, and just ten days before the election.

The ruling also highlighted that the court generally does not intervene in the discretion of authorities regarding enforcement policy. The justices found the request to halt enforcement actions problematic, as it could send a negative message about the importance of upholding the rule of law. The court noted that the petitioners were seeking an unusual remedy, asking to suspend enforcement rather than compel it, which is typically the subject of such petitions.