On August 29, 2024, residents of unrecognized Bedouin villages, alongside the Council of Unrecognized Villages and human rights organizations, filed a petition with the High Court of Justice demanding that the state provide protective measures against rocket and missile fire. The petitioners include the Israel Religious Action Center, the Association for Civil Rights in Israel, Itach-Ma'aki – Lawyers for Social Justice, The Abraham Initiatives, Bimkom – Planners for Planning Rights, Negev Coexistence Forum for Civil Equality, and Physicians for Human Rights.
The petition describes a dire situation: the approximately 85,000 residents of these unrecognized villages lack any means of protection against rocket, missile, or drone attacks. Since the onset of the war, they have been exposed to constant danger and have been forced to rely on makeshift protective measures, such as sheltering under bridges, digging trenches, or finding narrow crevices in the ground. These villages are without sirens, Iron Dome coverage, or any formal state-regulated protection, due to their unrecognized status.
The absence of adequate protection has resulted in significant physical and mental harm, and loss of life. Despite numerous legal correspondences to the Home Front Command and the Minister of Defense, and discussions in Knesset committees, minimal action has been taken, with only a few shelters installed that do not provide sufficient protection.
The petition argues that the State of Israel has an obligation to protect the lives and physical safety of residents in these villages, just as it does for all its citizens. It contends that the State's failure to do so constitutes a severe breach of constitutional rights, including the right to life, bodily integrity, dignity, and equality. The petitioners assert that this situation is an abdication of authority and an extreme example of unreasonableness that necessitates the High Court's intervention.
On January 13, 2025, the High Court rejected the petition. The Court accepted the State's position that it is working to reduce the gaps in protection in the unrecognized villages, and determined that it does not need to interfere in the considerations and discussions being undertaken by the professionals.
HCJ 71000-08-24 Abu Quweider v. Home Front Command Commander
Attorney: Noam Price and Uri Narov (Reform Center for Religion and State), Abir Joubran (Association for Civil Rights in Israel), Hila Sharon (Itach-Ma'aki)
The petition, August 29, 2024 (Hebrew)
State's preliminary response, December 2024 (Hebrew)
The verdict, January 13, 2025 (Hebrew)
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