01.05.2005|Other|Opinion
Opinion on the Proposed Civil Wrongs (Liability of the State) (Amendment No. 5) (Filing of Claims against the State by a Subject of an Enemy State or a Resident of a Zone of Conflict) Law, 5762 – 2002
HaMoked and the Association for Civil Rights in Israel state in this opinion that the proposed amendment will make it almost impossible for Palestinians to sue the state for injuries they sustain as a result of pillage, negligence in training areas, use of firearms when soldiers’ lives are not under threat, abuse and humiliation at checkpoints, physical violence, and other acts by security forces. The amendment will create a regime of gross discrimination by blocking claims on grounds relating to the identity of the plaintiff and not the cause of action alleged. The immunity from compensating injured Palestinians in such cases contradicts Israeli and international law. In blocking suits in Israeli courts, potential plaintiffs will file their claims abroad.
