CA (Jerusalem) 2163/01 - Abu Rian v. The State of Israel
Appeal
Court Documents | Appeal | 01.04.2001
CA (Jerusalem) 2163/01 - Abu Rian v. The State of Israel
Appeal
Appeal filed against the judgment to dismiss a tort claim by a Palestinian who had been injured by military fire. In its judgment, the Court accepted the military's position that the Appellant had participated in stone throwing, despite the fact that no direct evidence of this was presented. The Court also interpreted the open fire regulations in a manner which permits shooting even after some time has passed since the stone throwing, in a location far away from where the stone throwing was alleged to occur and where the shooting soldier was not in danger. Additionally, the judgment deviated from case law in ruling that negligent shooting by soldiers constitutes only the tort of battery, for which the State has no vicarious liability and from which it is immune, by virtue of the Torts Ordinance. For the judgment accepting the appeal, see linked items.
Appeal filed against the judgment to dismiss a tort claim by a Palestinian who had been injured by military fire. In its judgment, the Court accepted the military's position that the Appellant had participated in stone throwing, despite the fact that no direct evidence of this was presented. The Court also interpreted the open fire regulations in a manner which permits shooting even after some time has passed since the stone throwing, in a location far away from where the stone throwing was alleged to occur and where the shooting soldier was not in danger. Additionally, the judgment deviated from case law in ruling that negligent shooting by soldiers constitutes only the tort of battery, for which the State has no vicarious liability and from which it is immune, by virtue of the Torts Ordinance. For the judgment accepting the appeal, see linked items.
