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Civil Wrongs (Liability of the State) (Amendment No. 7) Law, 5765 – 2005
Legislation | 10.8.2005
The amendment grants the state and its security forces sweeping immunity against claims of Palestinians who sustained damages in areas of the West Bank or Gaza Strip that the Defense Minister declares a "zone of conflict." The immunity will apply not only to damages related to hostilities in the Occupied Territories but also to acts such as looting, abuse at checkpoints, negligent gunfire, unnecessary damage to property, and the like. The amendment also grants the state almost total immunity from claims made by subjects of an enemy state and by a person who is "active in, or a member of, a terrorist organization," even when the damage is unrelated to the conflict between the State of Israel and the enemy state or such organization. The amendment applies retroactively to events that took place after September 2000, including incidents as to which claims have already been filed but the taking of evidence in court has not yet begun. Following the judgment in HCJ 8276/05, Adalah et al. v. Minister of Defense et al., given on December 12, 2006, section 5c of the law is void.
Amendment no. 5 to the Civil Wrongs (Liability of State) Law will block virtually any possibility for Palestinian residents of the Occupied Territories harmed by Israel to sue for damages: The proposal is unconstitutional and contradicts international law
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 (02) 627 1698   (02) 627 6317

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