Justice minister to push through 'Intifada Law'

[Scurrilous]

High Court ruling revoked legislation that would prevent Palestinians from claiming compensation from Israel following IDF operations, but 6 months later, justice minister orders new legislation

http://www.ynetnews.com/articles/0,7340,L-3408937,00.html

<snip>

"Justice Minister Daniel Friedmann announced Tuesday morning that he intended to promote legislation that would reinstate the 'Intifada Law.'

According to the law, which was revoked by the High Court in December 2006 following numerous petitions by human rights organizations, residents of the territories, citizens of "enemy countries" and operators of "terrorists organizations" are ineligible to demand compensation for damages caused by security forces.

The proclamation was met with little surprise in the justice system and experts said the move was legitimate and acceptable.

The proposal to reinstate the law is credited to MK Michael Eitan (Likud). Media reports said Friedmann accepted Eitan's arguments in a cabinet meeting on Monday and ordered his staff to prepare the bill within two weeks, even if the matter might require additional legislation to amend Basic Laws.

The cancellation of the law in 2006 was one of the last verdicts passed by former High Court President Aharon Barak who called the law "unconstitutional."

[Scurrilous]

1. Palestinians will sue Israel in U.S. if 'intifada law' repassed

<snip>

"Palestinian residents intend to sue the State of Israel for damages in U.S. courts and in other countries if the Knesset repasses a law barring suits in Israeli courts over damages incurred in non-warfare incidents.

Palestinians with grounds for suits against the Israeli army over bodily harm and property damage sustained during the armed conflict since September 2000 have already contacted American law firms through Adalah-Legal Center for Arab Minority Rights in Israel. U.S. law permits suits against countries responsible for "humanitarian damages" in situations where the victims have no legal recourse in the offending country.

According to Adalah's director, attorney Hassan Jabareen, the possibility of filing suits overseas has come up again in view of the initiative by Justice Minister Daniel Friedmann to legislate anew the so-called "intifada law," which was tossed out by the High Court of Justice half a year ago.

Until now, Israelis were the ones to take advantage of the U.S. law permitting damages suits against state entities where these suits are not allowed. Such proceedings are ongoing against Arab Bank, which operates in the West Bank and Gaza Strip, and which the plaintiffs claim bankroll terrorists who cause mass carnage among Israelis.

Adalah last year approached several prominent New York law firms about the possibility of Palestinian suits in the U.S. and elsewhere, in case the High Court throws out the petition to abolish the law."




http://www.haaretz.com/hasen/spages/868212.html

[Scurrilous]

2. Cabinet C'tee proposes new intifada law

<snip>

"The Ministerial Committee on Legislative Affairs approved on Sunday a proposal absolving the government of responsibility for providing compensation to residents of the Gaza Strip who are hurt during IDF operations.

The proposal was initiated by MK Effi Eitam (NU-NRP) and Deputy Defense Minister Matan Vilna'i (Labor), and directly contradicts a ruling which was handed down by former Supreme Court president Aharon Barak, who declared that Palestinians wounded during IDF operations were eligible for compensation.

In December 2006, a panel of nine High Court justices headed by Barak unanimously struck down a key provision in a law passed by the Knesset in 2005 that prevented virtually all Palestinians from suing the state for damages caused by IDF soldiers during the second intifada. The court ruled that Palestinians who suffered damages in a situation that was demonstrably not combat-related could demand financial compensation."

more



New gov't bill: Israel won't compensate Gazans

http://www.ynetnews.com/articles/0,7340,L-3422760,00.html

Ministerial Committee for Legislative Affairs approves bill recognizing Gaza Strip as foreign entity. If proposal is backed by Knesset, State will not see itself responsible for paying compensation to Gaza residents injured in IDF activities. Bill contradicts High Court ruling from December 2006

<snip>

"The Ministerial Committee for Legislative Affairs on Sunday approved a bill recognizing the Gaza Strip as a foreign entity, thus exempting the State of Israel from paying compensation to Gaza residents injured during IDF activities."

<snip>

"Last December, an expanded panel of Supreme Court judges had ruled that the State was responsible for damages caused during the IDF's activity in the territories.

The judges had partially accepted in principle a petition filed by human rights organizations against an amendment to the Civil Wrongs Law regarding the eligibility of West Bank and the Gaza Strip residents for compensation following the IDF's activities there.

That being said, the court rejected the eligibility for compensation to citizens of enemy state or members of terrorist organizations.

The human rights groups demanded to cancel a legislation which prevents Palestinians from claiming compensation from the State.

The organizations claimed that "the amendment to the Civil Wrongs Law, which deprives (Palestinians) of their right to claim compensation also for damages caused not during war activities is a racist and unethical law, and it also leads to lack of control over the army's activities in the occupied territories."