08.07.2002|Judgment|Judgment / District Court
CA (Jerusalem) 2163/01 - Abu Rian v. The State of Israel
Judgment
The District Court accepted an appeal against a judgment to dismiss a tort claim by a Palestinian who had been injured by military fire. The Respondent claimed that the Appellant had participated in stone throwing, which occurred a few minutes before and far away from where he was shot. It was determined that the shooting soldier had acted against open fire regulations since the suspect detention procedure was not executed immediately and promptly after the alleged incident. It was also established that the incident was not an act of war which grants the state immunity from liability in torts, but rather an action for the purpose of apprehending suspects and that the soldiers had not faced immediate genuine danger. Once the State chose to claim that the shooting by the soldier was legal, it is viewed as having approved the assault and is therefore vicariously responsible for it.
