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SPECIAL REPORT:

No Compensation Law



Challenging a New Amendment to the Civil Wrongs (Liability of the State) Law – 1952, which Exempts Israel from Compensation Claims for Property Damage and Injury of Palestinians in the Occupied Palestinian Territories

Latest Developments

  Supreme Court Cancels Racist Law, Ruling that Palestinians Harmed by Israeli Military in the Occupied Palestinian Territories are Eligible for Compensation from Israel
12 December 2006

September 2005 Petition Challenging the Amended Compensation Law

H.C. 8276/05, Adalah, et. al. v. The Minister of Defense, et. al.

The petition was submitted in September 2005 by Adalah, HaMoked and ACRI on behalf of the three organizations and Al-Haq, The Palestinian Centre for Human Rights-Gaza. B’Tselem, Physicians for Human Rights, The Public Committee Against Torture in Israel and Rabbis for Human Rights. The petitioners demanded that the Supreme Court declare void new amendments to the Civil Wrongs (Liability of the State) Law, which deny residents of the Occupied Palestinian Territories, citizens of “Enemy States,” and activists or members of “a Terrorist Organization,” the right to compensation from the state of Israel for damages caused to them by the Israeli security forces, including those damages caused to them outside of the context of a military operation. On 12 December 2006, the Supreme Court, in a unanimous ruling delivered by nine justices, decided that the State of Israel cannot exempt itself from paying compensation to Palestinians in the West Bank and Gaza who have been harmed by the Israeli military. As a result of this ruling, Palestinians who have been harmed by the Israeli military since September 2000 can again seek compensation in Israeli courts.

 The Petition (English | Hebrew)
The petition was translated into English by HaMoked: Center for the Defence of the Individual

 The Amended Law (English | Hebrew)

 Supplemental Arguments (Hebrew)

 The Decision of the Supreme Court (Hebrew)

Related News Updates

  Israeli High Court of Justice, in an Expanded Panel of Nine Justices, to Hear Petition Filed by Nine Human Rights Organizations: Cancel Law Preventing Palestinians from Filing Claims for Damages against the State
29 August 2006

  Israeli High Court of Justice Issues Order Nisi Concerning Racist Amendment of Law Preventing Palestinian Residents of the Occupied Territories from Filing Claims for Damages Inflicted by the Israeli Security Forces
24 July 2006

  Nine Human Rights Organizations Petition the High Court of Justice: Law Preventing Palestinians from Claiming Compensation from the State of Israel is Unconstitutional and Thus Void
1 September 2005

External Links

 Amnesty International

  International Federation for Human Rights (FIDH)

  Human Rights Watch