21.06.2009|Judgment|Judgment / Magistrate's Court

CC 7798/04 - Odeh v. Ministry of Defense – State of Israel Judgment

The Jerusalem Magistrates Court rejects a civil claim filed by HaMoked on behalf of the family of a Palestinian who was killed by helicopter shell fire during Operation Defensive Shield. In its decision, the Court accepted the Plaintiffs’ claim that the Deceased was killed by air force helicopter shell fire, but held that the action is immune from legal action as it is a wartime action. The Court therefore rejects the claim and orders the Plaintiffs to pay 15,000 shekels in legal fees and trial costs.