A hearing was held today, 16 September 2026, before the Israeli Supreme Court, sitting as the High Court of Justice, in HCJ 79409-08-26, concerning the village of Qusra and the petition filed by the Qusra Village Council and residents, including Louay Abu Rida, represented by Attorney Ghiath Nasser. During the hearing, Attorney Nasser argued that the case reflects an unprecedented failure in the enforcement of the rule of law in the West Bank. He emphasized that the events in Qusra have continued for many months, that settlers remain present in the area, including in structures and near residents’ homes, and that the army has not effectively removed them despite the existence of closure orders and repeated complaints. The Court raised a number of pointed questions regarding the conduct of the army and police. Justice Ofer Grosskopf noted that the incident was serious and that, unlike ordinary cases in which the army claims limited resources, here the army is present in the area on a permanent basis, which raises the question of what is actually being done on the ground. The Court also questioned why settlers are present in Area B at all, and why enforcement measures are not taken when there is a closed military zone order. Justice Grosskopf asked: “Why are they in Area B at all?” and later added that once there is a closure order, anyone present there in violation of the order is, by definition, committing an offense. Justice Khaled Kabub raised strong concerns regarding the effectiveness of enforcement. He referred to the low rate of indictments in cases handled by the Judea and Samaria Police, and asked how this could be reconciled with the claim that enforcement is being carried out. He also referred to images showing soldiers and settlers together despite the existence of an order prohibiting entry, and asked how such a situation can be reconciled with the duty to enforce the law and protect the local population. Justice Alex Stein stressed the need for firm criminal enforcement, including arrests and the seizure and forfeiture of vehicles used in criminal offenses. He stated that the Court expects “hard-handed criminal enforcement”, including placing behind bars those who should be arrested, and emphasized that if a vehicle was used in the commission of a criminal offense, it should be forfeited. Justice Kabub also referred to material showing settlers publicly boasting of extensive acts of violence, including burning homes and vehicles, breaking windows, and causing harm to Palestinians. He questioned how such conduct could exist without effective enforcement, asking in substance: “What kind of enforcement is this?” and described the lack of response as a glaring failure of enforcement. The military representative acknowledged that there is a broad problem and stated that the army is dealing with serious challenges in the area. He said that forces are currently holding the area and that the army has adjusted its operational deployment after realizing that earlier measures had harmed the daily life of Qusra residents and had amounted almost to a military siege. He also stated that the army is now trying to use more mobile and targeted protection measures. Louay Abu Rida addressed the Court in English and explained that his family and neighbors have been under siege for around 40 days, that they are unable to move freely, that family members and friends cannot reach the house, and that although the IDF is present, the settlers have not been removed. He asked the Court for justice. At the end of the hearing, the Court indicated that it expects to receive concrete updates regarding the matters raised during the hearing, including criminal enforcement, arrests, vehicle seizure and forfeiture, and the removal of settler presence from the relevant locations. Justice Grosskopf stated that the Court would issue a decision later and that it wants to see progress. Justice Kabub added that it was regrettable that the steps now being taken had not been taken earlier, noting that the Court’s impression was that the recent measures were producing results.
