Yousef Alhelou:
Israeli High Court Ruling Enables Palestinians to Sue for Damages Inflicted During Israeli Army Operations
The Israeli High Court of Justice ruled unanimously on Tuesday that the state of Israel is responsible for paying compensation for harm caused by Israeli army operations against civilians in the occupied West Bank and the Gaza Strip, according to media reports in the Israeli press.
According to the Israeli newspaper “Haaretz”, the ruling cancels a portion of the "Intifada law", which exempted the State from paying compensation for harm caused by Israeli military operations against civilians in the West Bank and the Gaza Strip, during Israeli security forces’ operations in areas termed "conflict zones" by the Israeli defense ministry.
Haaretz says that this move was spurred by an initiative on the part of nine human rights groups in Israel, led by the “Adalah” organization, the Legal Centre for Arab Minority Rights in Israel. The groups argued that the Israeli law is "racist and inhumane" because it frees the State from the responsibility to pay compensation to civilians hurt in "non-belligerent" Israeli military operations carried out since September 2000.
Despite this, Adalah told Ynet, the website of the Israeli newspaper “Yedioth Ahranoth”, “The petition is based on technicalities, but leaves an opening for individual claims at civil courts.”
In any case, the judges ruled that damages still cannot be claimed if the damage was suffered by "citizens of enemy states and workers or members of terrorist organizations", Haaretz says.
The Israeli media says that this ruling will go into effect immediately and will be applied retroactively.
The Israeli defense and security establishments have considered the West Bank and Gaza Strip as one "conflict zone" for most of the time since September 2000, according to statements by former defense minister Shaul Mofaz in Haaretz.
This ruling would apply to these "conflict zones" as well, opening the door for legal action over events which have taken place in these areas in previous years.
Left-wing Israeli politicians have praised this new ruling, while right-wing members of the Israeli Knesset have condemned it.
In Haaretz, the Arab member of the Israeli Knesset, Mohamed Barakeh (from the “Hadash” / Democratic Front for Peace and Equality party) praised the "important decision which will allow the victims of the occupation to sue the State for compensation." He told Ynet, “The High Court ruling can’t compensate people for the loss of their loved ones, but the decision, though partial, is significant.”
On Ynet, the right-wing member of Knesset, Zvi Hendel (National Union – National Religious Party) said, "The High Court once again has forgotten that Israel is at war and the Palestinian citizens are not innocent as long as they are sheltering the murderers and cooperating with them."
Yousef Alhelou is a freelance Palestinian journalist based in Gaza. He can be contacted on ydamadan@hotmail.com
Israeli High Court Ruling Enables Palestinians to Sue for Damages Inflicted During Israeli Army Operations
The Israeli High Court of Justice ruled unanimously on Tuesday that the state of Israel is responsible for paying compensation for harm caused by Israeli army operations against civilians in the occupied West Bank and the Gaza Strip, according to media reports in the Israeli press.
According to the Israeli newspaper “Haaretz”, the ruling cancels a portion of the "Intifada law", which exempted the State from paying compensation for harm caused by Israeli military operations against civilians in the West Bank and the Gaza Strip, during Israeli security forces’ operations in areas termed "conflict zones" by the Israeli defense ministry.
Haaretz says that this move was spurred by an initiative on the part of nine human rights groups in Israel, led by the “Adalah” organization, the Legal Centre for Arab Minority Rights in Israel. The groups argued that the Israeli law is "racist and inhumane" because it frees the State from the responsibility to pay compensation to civilians hurt in "non-belligerent" Israeli military operations carried out since September 2000.
Despite this, Adalah told Ynet, the website of the Israeli newspaper “Yedioth Ahranoth”, “The petition is based on technicalities, but leaves an opening for individual claims at civil courts.”
In any case, the judges ruled that damages still cannot be claimed if the damage was suffered by "citizens of enemy states and workers or members of terrorist organizations", Haaretz says.
The Israeli media says that this ruling will go into effect immediately and will be applied retroactively.
The Israeli defense and security establishments have considered the West Bank and Gaza Strip as one "conflict zone" for most of the time since September 2000, according to statements by former defense minister Shaul Mofaz in Haaretz.
This ruling would apply to these "conflict zones" as well, opening the door for legal action over events which have taken place in these areas in previous years.
Left-wing Israeli politicians have praised this new ruling, while right-wing members of the Israeli Knesset have condemned it.
In Haaretz, the Arab member of the Israeli Knesset, Mohamed Barakeh (from the “Hadash” / Democratic Front for Peace and Equality party) praised the "important decision which will allow the victims of the occupation to sue the State for compensation." He told Ynet, “The High Court ruling can’t compensate people for the loss of their loved ones, but the decision, though partial, is significant.”
On Ynet, the right-wing member of Knesset, Zvi Hendel (National Union – National Religious Party) said, "The High Court once again has forgotten that Israel is at war and the Palestinian citizens are not innocent as long as they are sheltering the murderers and cooperating with them."
Yousef Alhelou is a freelance Palestinian journalist based in Gaza. He can be contacted on ydamadan@hotmail.com