Israeli Amendment denies Palestinians the right to judicial remedy, compensation

[ PIC 22/02/2013 – 08:27 PM ]

GAZA, (PIC)– Palestinian human rights activists have launched a judicial battle against the Israeli state, to stop its evasion of compensating the families of Palestinian victims killed by its soldiers.

The Knesset has approved, on the 23rd of last July, Civil Damages (State Liability) Law amendment No. 8, which denies Palestinians the right to receive compensations for damage caused by Israeli security forces. It applies under all circumstances.

The Israeli Southern Central Court in Be’er Sheva dismissed, on Thursday the 7th of February 2013, three civil claims cases brought before it by the Palestinian Centre for Human Rights (PCHR). These cases concerned three separate incidents involving the killing of 14 Palestinian civilians and wounding of 24 others during the Israeli offensive on the Gaza Strip, ‘Operation Cast Lead’, in 2008-2009

Amendment No. 8 exempts the State of Israel from any liability arising from damage caused to a resident of an enemy territory during a “combat action” or a “military operation”

Raji Sourani, Director of PCHR, said that such tactics employed by the Israeli judiciary deny Palestinian victims the right to access justice and the right to an effective remedy with respect to both civil and criminal cases.

He asserted that such measures very strongly indicate Israel’s unwillingness to fulfil its legal obligations towards the victims of its military operations through its domestic mechanisms.

Sourani told Quds Press Agency that recourse to international justice mechanisms, such as the International Criminal Court, is essential for achieving justice and accountability for Palestinian victims, thereby tackling Israeli impunity and ensuring respect for the rights of Palestinians in the future.

Israel classifies the entire occupied Palestinian territory as a ‘conflict zone’ and, since 2007, Israel has prevented Palestinians living in the Gaza Strip – whether victims, witnesses, or their lawyers – from travelling to appear before Israeli courts. As a result, the courts have dismissed many cases under the pretext of the complainants and witnesses not being present during the proceedings.

Amendment no. 8 directly contravenes norms of customary international law, which establish that a State (in this instance Israel) is responsible for all acts committed by persons who are operating as part of its armed forces.

Moreover, as a High Contracting Party to the 1949 Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, Israel cannot be absolved from any liability it incurs in respect of grave breaches or serious violations, which are committed against the civilian population during military operations.

Fayez Salha, a Palestinian citizen whose wife, four children and sister-in-law were killed as Israeli forces bombed his home in 2009, has sued the occupation demanding financial compensation, but the Court decided to dismiss the lawsuit filed by Al Mezan Center for Human Rights, and fined the plaintiffs 20000 shekels.

Fayez said he is planning to go to the Palestinian Presidency to demand it to defend his case, demanding the PA President to take it “seriously”.

He has also threatened to escalate the judicial procedures, expressing surprise at the international community’s silence regarding such Israeli measures.

For his part; Issam Younis, Director of Al Mezan Center for Human Rights, stressed on the liability of the international community, especially the Contracting Parties to the Fourth Geneva Convention.

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PHOTOS | Israel’s Massacre Cast Lead on Gaza 2008-2009



Martyred By Israeli Occupation Attacks

انّا للہ و انّا الیه راجعون

May Allah Subhana wa Ta’ ala grant the Shuhada Jannatul Firdaus, and ease it for their families, loved ones and anyone around them. Allahumma Ameen ya Rabbil Alameen. ‘ Inna Lillahi wa ‘ Inna ‘ Ilayhi Raji’un, Allahu Akbar


* The list of shuhada does not display, the numerous victims of the zionist occupation which are undocumented by media. Nor it displays the victims of the “silent onslaught” due to restrictions of movement, ability to go to hospitals for treatment or life saving surgery, due to lack of medication because of the blockades and so on. For example: The Slow Motion Genocide by the Siege on Gaza only, killed 600 patients since Gaza got under Israeli Siege.

For an overview of All Israeli Massacres Palestinians go here

Neither does this list, display the avoidable mortality. A clear and statistical factual evidence, about the number of deaths due to indecent ruling by occupation forces. For even an occupier has obligations under International Laws, Geneva Convention and the Hague regulations, which it is neglecting. These circumstances, together with deliberate policies of the occupier to neglect and even deny every basic human right, severes avoidable mortality which is totally silenced by media or reporting organisations. While in the Holocaust, 1 on 6 Jewish people directly died of deliberate neglect, so if we believe the facts over 1 million due to avoidable mortality, neither should these same circumstances be ignores which are ongoing in Palestine. For this report displays a avoidable morality of at least 0,5 million Palestinians.

How many more dead corpses of Palestinians does the international community need to see in order to act? How many more cruelties and violations of Human Rights, Regulations and International Law will be needed to intervene so this ongoing warcrime is being stopped once and for all.

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