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Civil Wrongs (Liability of the State) Law

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Civil Wrongs Order (State Liability) (Declaration of Enemy Territory – Gaza Strip), 5775-2014
Subsidiary Legislation  |  7.10.2014
Declaration of the Gaza Strip as "Enemy Territory" according to the Civil Wrongs (State Liability) Law, 5712-1952
Proposed Bill  |  7.8.2014
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
Civil Wrongs (Liability of the State) Law, 5712-1952 [Full version as of 16.7.2012, including Amendment No. 8]
Law  |  16.7.2012
Compensation for Civilians Injured by Security Forces Activity: CA 5964/92 Bani ‘Odeh v. State of Israel (Judgment of March 20, 2002)
Criticism  |  5964/92  |  1.2.2011  |  Adv. Alon Margalit
Criticism
A civilian, resident of the occupied territory, who is not taking part in combat is injured in the course of security forces activity and suffers bodily or property damages. He files a compensation claim against the state with a court in Israel. Israeli statute determines that the state is not civilly liable and is exempt from paying compensation if the damage was incurred in the course of a “w...
16.11.2010
The Constitution, Law, and Justice Committee of the Knesset reviews the amendment to the Civil Wrongs (Liability of State) Law: HaMoked reasserts that this is an unconstitutional amendment, aimed at exempting the state from its responsibility for damages it caused to Palestinians of the Occupied Territories
Soldiers Do Not Lie: CC (Jer.) 8811/04 Abu Snineh v. State of Israel (Judgment of November 9, 2009)
Criticism  |  8811/04  |  1.4.2010  |  Adv. Yossi Wolfson
Criticism
Unit 202 of the Israeli military has a reputation as being a top operations unit. This is judicial knowledge; or so at least according to the judgment of Judge Malka Aviv at the Jerusalem Magistrates Court in the matter of Abu Snineh. I will confess: this author has no idea what Unit 202 is, or what reputation it has gained. Perhaps this is the root of the problem.The verdict concerns events th...
CC (Jer.) 8811/04 Abu Sneina v. State of Israel Judgment
Judgment / Magistrate's Court  |  8811/04   |  9.11.2009
Judgment of the Jerusalem Magistrates' Court dismissing HaMoked's civil claim on behalf of Palestinians whose homes were taken over by the military for ten days, resulting in property damage and theft of valuables. The Court rules that while the statements of both the plaintiffs and the soldiers contained contradictions, those found in the soldiers' versions were immaterial and those found in t...
The Law Applicable to Non-Occupied Gaza: A Comment on Bassiouni v. Prime Minster of Israel
Academic  |  25.2.2009
The paper discusses the relevant legal framework for evaluating the sanctions Israel imposed on the civilian population in Gaza during Operation "Cast Lead", in light of the judgment in Bassiouni, HCJ 9132/07, which dealt with Israel's obligation to provide electricity and fuel to the Gaza Strip. The author assess the HCJ's position in Bassiouni, whereby after disengagement Gaza is not an occup...
Exceptions: Prosecution of IDF soldiers during and after the Second Intifada, 2000-2007
Report  |  28.10.2008
A report by Yesh Din on the outcome of indictments against soldiers charged with offences against Palestinians and their property from September 2000 to the end of 2007. The report reveals that indictments have been filed in only 6% of all investigations opened in the period covered by the report. The report also shows that although thousands of Palestinians had been killed in that period, sold...
7.7.2008
HaMoked – Center for the Defence of the Individual, The Association for Civil Rights in Israel and Adalah publish a position paper against the proposed Civil Wrongs (Liability of State) Law (Amendment No. 8) – 2008, which passed first reading in the Knesset. The proposed law is intended to prevent residents of the Territories from filing tort claims against the State even in cases in which dama...
Proposed Civil wrongs (Liability of the State) Law (Amendment No. 8), 5768-2008 - Position Paper
Position Paper  |  1.7.2008
11.6.2008
Yesterday, Tuesday, 10 June 2008, the Civil Wrongs (Liability of State) Law (Amendment No. 8) – 2008 passed first reading in the Knesset.  The bill, promoted by Justice Minister Freidman, is designed to prevent residents of the Territories from filing tort claims against the state, even when damage was incurred in circumstances unrelated to acts of war: human rights organizations, including HaM...
10.6.2008
Today, 10 June 2008, the Knesset will vote on the first reading of the Civil Wrongs (Liability of State) Law (Amendment No. 8) – 2008. The bill, promoted by Justice Minister Freedman is aimed at denying residents of the Territories the possibility to file compensation claims against the State even when the damage was incurred irrespective of wartime actions: human rights organizations, includin...
Civil Wrongs (Liability of the State) Law (Amendment No. 8), 5768 – 2008
Proposed Bill  |  28.5.2008
14.5.2008
The Right to Compensation for the Violation of Fundamental Rights: the article outlines Israel's duty to compensate Palestinians for the injustices of the occupation and its attempts to evade this duty. The article explains the importance of civil claims for justice on an individual level
The Right to Compensation for the Violation of Human Rights
Article  |  1.5.2008
An article on Israel's obligation to compensate Palestinians for the injustices of the occupation. The article explains the importance of civil claims by Palestinians as it is the only way to see some justice done and expose the mechanisms of wrongdoing. The article also explains the Israeli legislature's attempts to avoid civil claims and legislate an immunity mechanism for the State.
9.9.2007
HaMoked - The Center for the Defence of the Individual opines in a position paper, that the memorandum of Amendment No. 8 to the Civil Torts Law (Liability of the State) is unconstitutional, violates basic principles of Israeli and international law, and should therefore be set aside: The proposed memorandum attempts to revive Amendment No. 7 which has been unanimously struck down as unconstitu...
Memorandum of the Civil Wrongs (Liability of the State) Law (Amendment No. 8), 5767-2007 Position Paper
Position Paper  |  7.9.2007
Position paper by HaMoked and other human rights organizations on the memorandum of Amendment No. 8 to the Civil Wrongs (Liability of the State) Law, holding it is unconstitutional, violates basic principles of Israeli and international law, hence must be set aside. The memorandum attempts to revive that part of Amendment No. 7 that was unanimously struck down as unconstitutional by a panel of ...
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


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