Israel's Supreme Court Approves Demolition of Terrorist's Apartment

Israel's Supreme Court, sitting as the High Court of Justice (Bagatz), has approved the demolition of an apartment belonging to a terrorist who spent years planning rocket launches at Israeli communities. The ruling came despite the fact that the specific launch attempt that led to the demolition order failed and caused no casualties.

The court, comprising Justices Yael Vilner, Yechiel Kasher, and Ruth Ronen, unanimously rejected an appeal against the demolition order. They determined that the severity of the terrorist's actions and the potential for mass casualties justified the exceptional measure. The terrorist, identified as Abd Allah Mahmoud Saud Alhatib, is accused of attempted murder, weapons manufacturing and possession, and membership in an unauthorized association. He allegedly studied and produced rockets and explosives for years, forming a cell to launch rockets at Israeli cities and towns every few days.

According to the indictment, Alhatib aimed to support Hamas and the October 7th massacre, hoping to end the fighting in Gaza. He recruited accomplices, manufactured rockets, conducted tests, and attempted to improve their accuracy. On September 17, 2025, two cell members, under Alhatib's direction, approached a location near Modi'in Illit and prepared two rockets for launch. However, a malfunction caused one rocket to fall and disable the other, resulting in no launch and no injuries.

Justice Vilner stated that the failure of the attack does not negate the possibility of demolishing the terrorist's home, emphasizing the deterrent purpose of the measure. While demolition orders are typically issued after attacks causing death or significant injury, she noted that exceptional cases involving severe actions warrant demolition even without casualties. Vilner described Alhatib's actions as having "extreme severity and murderous potential on a large scale," highlighting systematic activity including cell formation, rocket production, testing, and preparation for repeated launches. She added that Alhatib's actions went beyond planning and were put into practice, with the attack failing "by chance, and miraculously."

The indictment also attributes another incident to Alhatib on October 9, 2023, where he allegedly used a drone to drop an explosive device over people in the community of Sde Ephraim, which detonated in the air without causing harm. The appeal against the demolition order was filed by Alhatib's wife and two minor children, who reside with him in the village of Na'ama. They argued that the demolition was unjustified due to the lack of casualties and their own alleged lack of knowledge or involvement. They also claimed a delay in issuing the demolition notice weakened its deterrent justification.

Initially, the military commander sought to demolish the entire ground floor, but the order was reduced to Alhatib's apartment following the family's appeal. The state explained that the decision for demolition, even without casualties, required specific approval from the Prime Minister and Defense Minister due to the case's unusual nature. The National Security Council is reportedly developing a policy for demolishing homes after attacks that do not result in casualties. Justice Vilner also dismissed the delay claim, accepting the state's explanation that security constraints and the need for approvals caused the postponement. She concluded that demolishing only Alhatib's apartment was proportionate, with measures taken to minimize damage to adjacent units. Justice Kasher concurred with Vilner's decision. Justice Ronen agreed with the outcome but expressed reservations about demolishing the apartment of a woman and two children not accused of involvement, ultimately concurring due to the severity of the acts, Alhatib's direct residency, and the limited scope of the order.