1 Sept. 2005: High Court Petition against law denying Palestinians compensation

On 1 Sept. 2005, nine human rights organizations petitioned the Israeli High Court of Justice demanding that the Court declare void the amendment to the Civil Wrongs (Liability of the State) Law passed by the Knesset in July 2005. This amendment prevents Palestinians from filing compensation suits in Israeli courts for injury caused by Israeli forces.

Since 2002, Palestinians have not been able to sue the state for damages caused by combatant activity, broadly defined as, "…any action of combating terror, hostile actions, or insurrection, and action intended to prevent terror and hostile acts and insurrection committed in circumstances of danger to life or limb."

The new amendment goes one step further and almost completely blocks Palestinians filing compensation suits. The law will not even allow Palestinians to file for compensation for harm caused by illegal shooting, looting, negligence on training grounds, abuse and degrading treatment at checkpoints, or physical violence.

The law is blatantly discriminatory in that it denies the right to sue for compensation based on the identity of the victim, rather than the substance of the claim.

The petition was submitted by HaMoked, Adalah, ACRI, Al-Haq (West Bank), The Palestine Centre for Human Rights (Gaza Strip), B’Tselem, Physicians for Human Rights, The Public Committee against Torture in Israel, and Rabbis for Human Rights.