Annual Report - Palestinian Center for Human Rights

Racist Amendments to the Israeli Civil Wrongs Law to Deprive
Palestinian Victims of Their Right to Seek Compensation
In an attempt to cement the already existing laws, which discriminate against
Palestinians, on 27 July 2005, the Israeli Knesset passed Amendment No. 5 to the
Civil Wrongs (Liability of State) Law. The amendment effectively stops Palestinians
in the OPT from seeking compensation in Israeli courts on the basis of their
residence. The amendment is contrary to Israel’s international law obligations and
demonstrates again the impunity that is granted to IOF by Israel.
These amendments to the Civil Wrongs Law came in the context of a systematic
pattern of previous limitations on the ability of Palestinians from the OPT to claim for
injury and damage inflicted by IOF. In a previous amendment in 2002, the Israeli
Knesset ensured that compensation claims would be out of reach for most Palestinians
through an expanded definition of what Israel calls “war time actions” and strict
procedural amendments. However, under this 2002 amendment, Palestinians broadly
retained the right, under these severe restrictions, to claim compensation in the Israeli
court system.
Amendments to the Civil Wrongs Law approved by the Knesset, which entered into
force on 10 August 2005, would prohibit, with retroactive effect back to September
2000, a national of an “enemy state”, a member of a “terrorist” organisation or a
person who suffered injury or damage in a “conflict zone” by the IOF from launching
a compensation case in the Israeli legal system. The law defines a “conflict zone” as
area outside the State of Israel that has been declared so by the Israeli Minister of
Defence. It is clear that this broad term will be used to stop Palestinians from
seeking compensation in the future.
PCHR is concerned that the amendments grant complete discretion to the Minister of
Defence and even allow the Minister to determine an area a “conflict zone” after a
Palestinian has filed a complaint. This will eradicate the 1000s of cases for which
PCHR has collected evidence and built legal files for throughout the Intifada.
In an attempt to cover up the wholesale denial of access to justice for Palestinians, the
law sets out some exceptions: (1) injury in a traffic accident in which a soldier/driver
was convicted; and (2) abuse of Palestinian detainees/prisoners in Israeli jails.
The law goes on to create an ‘Exceptions Committee’ appointed by the Minister of
Defence which will allow the Minister to propose exceptional amounts of money in
exceptional cases. No criteria are stipulated to define what amounts to an
“exceptional” violation of a Palestinian’s basic rights. Awards made in “exceptional”
cases are outside any legal framework and allow the claimant no right of appeal to a
Court. The awards never constitute an admission of wrongdoing on the part of the
IOF. PCHR is concerned that this amendment has codified the impunity granted by
the military and judicial system to their soldiers throughout this belligerent
occupation.
The amended law is contrary to Israel’s legal responsibility as a state subject to
international law. It once again demonstrates that Israel does not respect the
obligations placed upon States. Israel has an obligation to provide an effective
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