Heritage Ministry Legal Advisor Criticizes Gaza Shelter Antiquity Declaration
The legal advisor to Israel's Heritage Ministry criticized the move to declare October 7 emergency shelters as antiquities, warning of potential Supreme Court rejection.
Legal Controversy Surrounding Shelter Preservation
In a sharp memorandum sent to Heritage Minister Amichai Eliyahu, the ministry's legal advisor, attorney Hanan Ehrlich, criticized the procedure used to declare October 7 emergency shelters in the Gaza envelope as historical antiquities. The letter, which surfaced following the minister's announcement, points out that the legal review was bypassed.
Ehrlich emphasized that the decision lacked staff work and proper legal evaluation, noting that such a designation for movable assets has no precedent in Israel. Furthermore, he warned that the move could face severe legal challenges and might be overturned by the Supreme Court, especially given the upcoming Knesset elections.
"In the absence of examining these and other matters prior to making a decision, as part of the required administrative process, the chances of the requested declaration surviving judicial review are likely to be very low," Ehrlich wrote.
The controversy arose after the Eshkol Regional Council planned to relocate several shelters, potentially to the Nova festival site. While Minister Eliyahu sought to impose a strict preservation regime banning alterations or demolitions, regional officials reported receiving no prior consultation, raising tensions with the newly enacted October 7 Commemoration Law.
