An appeal to members of Knesset in anticipation of the approaching vote on the compensation law: in the coming days, Amendment No. 5 to the Law of Civil Wrongs (Liability of the State) will be brought before the Knesset plenum for the second and third readings. Major human rights organizations in Israel appeal to members of Knesset, requesting that they oppose the disgraceful and unconstitutional bill

HaMoked: Center for Defence of the Individual
B'Tselem – the Israeli Information Center for Human Rights in the Occupied Territories
The Association for Civil Rights in Israel
Adalah- the Legal Center for Arab Minority Rights
Physicians for Human Rights - Israel
The Public Committee against Torture in Israel
Rabbis for Human Rights

Dear Sir or Madam,

In the coming days, Amendment No. 5 to the Law of Civil Wrongs (Liability of the State) will be brought before the Knesset plenum for a vote in the second and third readings. We, major human rights organizations in Israel, appeal to you to oppose this disgraceful and unconstitutional bill.

The bill will provide the State and its agencies with blanket immunity from prosecution by Palestinians who were harmed by the State's actions in extensive areas of the West Bank and Gaza.

The amendment is not intended to block claims for damages caused by security forces during combat activity

It is already impossible to receive compensation for damages of this kind, in light of the previous amendment to the law, which was passed in 2002. The previous amendment imposed strict limitations on Palestinians' ability to sue for damages caused in the Occupied Territories, and totally blocked suits resulting from actions categorized as counter-terrorism, suppressing insurrection, and so forth, which are carried out in circumstances of danger. The amendment seeks to extend the immunity to cover damages which are not at all related to the fighting in the Occupied Territories: looting, abuse at checkpoints, negligent gunfire, unwarranted damage to property, injury by negligent gunfire on training grounds, car accidents, and so forth.

Experts have stated that the amendment is a perversion of the fundamental principles of tort law and a blatant violation of international law, which is incumbent on Israel.

The amendment also provides the State with total immunity from claims by foreign nationals from enemy states, as well as from claims by anyone categorized as active in a terrorist organization (whether Jewish or Arab), even in cases when the damages caused are completely unrelated to the conflict between Israel and the enemy State or organization. Among those who oppose the bill are Prof. Mordechai Kremnizer, Prof. Ariel Ben Porat and Prof. Daphne Barak-Erez, as well as human rights organizations in Israel and across the world.

It must be noted that even if the bill is passed by the Knesset, it will not exempt Israel from liability in damages claims, since those affected could still file suit against Israel in foreign and international courts.

Do not lend your hand to an unconstitutional, racist and immoral bill.

Vote against Amendment No. 5