High-profile case10/13/2026

Legal Adviser: Declaring the Protective Shelters Antiquities May Not Withstand High Court Scrutiny

Heritage Minister Amichai Eliyahu declared the “death shelters” in the area bordering Gaza to be antiquities of national historical value. The ministry’s legal adviser, Hanan Ehrlich, said the decision had been prepared without his involvement and without the required reviews, and therefore had an extremely low chance of withstanding judicial scrutiny.

Key facts

•Minister: Amichai Eliyahu
•Legal adviser: Attorney Hanan Ehrlich
•Minister’s announcement: October 7
•Legal basis: Antiquities Law
•Also applicable: October 7 Massacre Commemoration Law
•No legal proceeding or case number is specified in the source

What the Minister Decided

Eliyahu announced on October 7 that the protective shelters would be granted antiquity status under the Antiquities Law. According to him, this was intended to subject them to a strict preservation regime: they could not be demolished, moved, plastered over, or painted without professional approval. The dispute arose against the backdrop of the Eshkol Regional Council’s intention to relocate the shelters, apparently to the site of the “Nova” festival.

Why the Legal Adviser Objects

Attorney Hanan Ehrlich wrote to the minister that he had not been involved in preparing the documents or in the administrative work that preceded them, insofar as such work had been carried out at all. According to the information available to him, the possibility of recognizing the shelters as antiquities had been raised only as a secondary option. He emphasized that such a step must undergo a thorough legal and professional review, especially during an election period.

The Legal Problem

Ehrlich noted that antiquity status has far-reaching legal implications. According to him, since the enactment of the Antiquities Law, no minister has ever declared an object an antiquity in the manner described, and movable property has never previously been granted such status in Israel. The legal adviser warned that without a proper administrative process, the likelihood that the decision would withstand review by the High Court of Justice — Bagatz — was extremely low.

A Different Preservation Mechanism

The October 7 Massacre Commemoration Law, which was recently enacted, establishes a different procedure. The local authority must give notice of a decision to move a “death shelter” or make a physical alteration to it, including information about the public discussion that was held. The law does not prohibit recognizing the shelters as antiquities, but in Ehrlich’s view it indicates that the legislature did not choose such status as the solution to the dispute.

What this means for you

Antiquity status could significantly restrict the relocation, dismantling, and alteration of such protective shelters. However, the legal adviser’s letter does not in itself nullify the decision: the source does not indicate that the High Court of Justice has already considered the dispute or issued a judgment. For members of the public and the families of those killed, the final preservation regime governing the sites currently depends on further administrative review, and possibly judicial review as well.

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