15.08.2000|Judgment|Judgment / Magistrate's Court
CC (Jerusalem) 7646/95 - Udwan v. The Israel Defense Forces et al.
Judgment
The Court ruled that the State must pay damages to a UNRWA worker and resident of the Qalandiya refugee camp who had fallen victim to soldier violence in an incident during which he was injured by a gas grenade. The violence was a response to the Plaintiff's refusal to throw a gas grenade into a house in the camp. The Court rejected the Defendants' claims, including the claim that the Plaintiff had violated curfew and that he had been shot following an attempt to seize a weapon from a soldier. The Court also determined that the soldiers, who acted on behalf of the Plaintiffs, breached the duty of caution by using violent means of action without any justification; that battery had been proven and that the Defendants did not enjoy immunity from this charge and that this was not an act of war which would have exempted the Defendants.
