The Israeli state prosecution considered that there was no need to appeal to the Israeli High Court regarding concerns about extensive demolition of house in "Philadelphi" sector in Rafah to establish a trench, claiming that such demolition requires political and judicial approval and such approval has not been given. Thus, according to the prosecution's claim, this case can be brought to the Israeli High Court only if a decision to demolish houses in this area was taken.

These claims were cited in a response by the Israeli state prosecution to the Israeli High Court regarding a petition submitted by PCHR, Adalah and al-Haq on 10 January 2005 against the intention of the Israeli authorities to demolish 3000 houses in "Philadelphi" sector in Rafah to establish a trench.

PCHR, Adalah and al-Haq submitted an appeal to the Israeli High Court in May 2004 to define the legal term “military necessity” in accordance with international law and international humanitarian law, particularly the Fourth Geneva Convention. The appeal is still being pursued.

PCHR is gravely concerned that Israeli occupation forces may implement their plan to demolish houses in Rafah in order to establish a trench, using the element of surprise. PCHR calls upon the international community and concerned international organizations to ensure that Israel will not implement this plan which will make thousands of families homeless. PCHR calls upon the international community to pressure Israel to stop attacks on Palestinian civilians and property and establish a mechanism to confront such attacks.