Nahal Oz petitions High Court against gov't decision to repopulate Gaza border communities
The government's decision to repopulate some of the Gaza border communities while the Israel-Hamas War rages on and 50 hostages remain in Hamas captivity is not appropriate and should be reversed to allow the communities agency in the matter, Kibbutz Nahal Oz said in a petition it submitted to the High Court of Justice on Monday.
The government's decision, which passed in June, came following military estimates that 'there is no immediate security threat' to civilians living near the Gaza Strip. Nahal Oz was one of 12 towns cleared for repopulation at the time.
In response, the Hostages and Missing Families Forum had said, 'If, security-wise, there is no reason as to why one should not go back to living in the Gaza border communities, then there is no reason for the Israel-Gaza war to continue.'
On Monday, Nahal Oz said, 'As long as there is a war in Gaza and hostages are being held captive in Hamas's torture tunnels, it is impossible to live a normal life 800 meters from the border fence.'
It added that it felt it was left with no choice but to petition the court after sensing that the government was not meeting its needs.
Omri Miran, from Kibbutz Nahal Oz, is still being held in Hamas captivity. Lishay Miran Lavi, his wife, is one of the 120 signatories to the petition.
Kibbutz Nahal Oz devastated by October 7 massacre
Nahal Oz is geographically the closest to the Palestinian enclave, and on October 7, terrorists led by Hamas attacked the kibbutz for hours on end. Fifteen residents were killed and eight people were taken captive, out of the larger tally of 251 kidnapped on that day.
'The petition reflects the desire everyone in Nahal Oz has to return to a life of productivity and growth. The first step toward that end goal cannot be forceful. Residents should be given the agency to decide when and how to return to their ruined homes to rebuild,' said the kibbutz.
The petition calls to extend the temporary residency conditions for the kibbutz members (they were evacuated after the attacks) until the war in Gaza ends, 'given the kibbutz's close proximity to operative locations in northern Gaza, as well as the collective trauma that the residents carry,' the kibbutz added.
Other signatories included Gali Idan, the widow of Tsachi Idan, who was kidnapped on October 7 and killed in captivity, and also the mother of 18-year-old Maayan, who was killed on October 7. Yehuda and Nurit Fiorentino, the parents of Ilan, who was the chief security officer for the kibbutz and was killed on October 7, also signed the petition.
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