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HCJ 8276/05 - Adalah – The Legal Center for Arab Minority Rights in Israel et al. v. Minister of Defense et al. Petition for Order Nisi and Interim Order
Court Documents | 8276/05 | 1.9.2005
Petition to void Amendment No. 7 of the Civil Wrongs (Liability of the State) Law, which denies subjects of an “enemy state” and members of “terrorist organizations” the right to compensation for injuries they sustain at the hands of security forces. The amendment also denies Palestinians the right to sue for compensation if they are injured in an area outside Israel declared a “conflict zone” by the Defense Minister, except for a few exceptions. The amendment applies retroactively to injuries sustained after 29 September 2000, and even to claims pending in the courts. The amendment severely violates the fundamental rights to life, bodily integrity, dignity, property, and access to the courts. It breaches the fundamental principles of tort law, denies on grounds of ethnic identity the right of Palestinians to compensation, and impairs deterrence of security forces from causing damage and injury to Palestinians.
Updates
1.9.2005
HaMoked, together with other human rights organizations, filed a petition to the HCJ demanding to revoke the amendment no. 7 to the Civil Wrongs (Liability of the State) Law: The law prevents Palestinians from seeking compensation from the State of Israel for damages inflicted by the Israeli security forces, even those inflicted outside of the context of a military operation
26.12.2006
Announcement by HaMoked to members of the legal profession concerning lawsuits submitted by Palestinians against the State of Israel: Following the ruling of the High Court of Justice (HCJ) annulling Article 5C of the Civil Wrongs Law, all proclamations by the Minister of Defense concerning conflict zones are void, and any claim raised by the state in this matter is invalid
22.7.2012
The Knesset approved Amendment No. 8 of Civil Wrongs (Liability of the State) Law: Israel continues to exempt itself from liability for damage caused by its soldiers in the OPT and raises additional obstacles on the way of Palestinians to sue compensation for the damage sustained by them
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