HCJ 8276/05 - Adalah – The Legal Center for Arab Minority Rights in Israel et al. v. Minister of Defense et al. Petition for Order Nisi and Interim Order
Court Documents | Petition to HCJ | 01.09.2005
HCJ 8276/05 - Adalah – The Legal Center for Arab Minority Rights in Israel et al. v. Minister of Defense et al. Petition for Order Nisi and Interim Order
Petition to void Amendment No. 7 of the Civil Wrongs (Liability of the State) Law, which denies subjects of an “enemy state” and members of “terrorist organizations” the right to compensation for injuries they sustain at the hands of security forces. The amendment also denies Palestinians the right to sue for compensation if they are injured in an area outside Israel declared a “conflict zone” by the Defense Minister, except for a few exceptions. The amendment applies retroactively to injuries sustained after 29 September 2000, and even to claims pending in the courts. The amendment severely violates the fundamental rights to life, bodily integrity, dignity, property, and access to the courts. It breaches the fundamental principles of tort law, denies on grounds of ethnic identity the right of Palestinians to compensation, and impairs deterrence of security forces from causing damage and injury to Palestinians.
Petition to void Amendment No. 7 of the Civil Wrongs (Liability of the State) Law, which denies subjects of an “enemy state” and members of “terrorist organizations” the right to compensation for injuries they sustain at the hands of security forces. The amendment also denies Palestinians the right to sue for compensation if they are injured in an area outside Israel declared a “conflict zone” by the Defense Minister, except for a few exceptions. The amendment applies retroactively to injuries sustained after 29 September 2000, and even to claims pending in the courts. The amendment severely violates the fundamental rights to life, bodily integrity, dignity, property, and access to the courts. It breaches the fundamental principles of tort law, denies on grounds of ethnic identity the right of Palestinians to compensation, and impairs deterrence of security forces from causing damage and injury to Palestinians.
