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MK Benny Elon: in my country there's a problem...
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| By Ynetnews December 13, 2006 |
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The High Court of Justice partially approved Tuesday a petition by nine human rights organizations regarding the issue of compensatory payments to residents of the West Bank and the Gaza Strip following IDF operations in the area.
However, the court rejected the eligibility for compensation to citizens of enemy state or members of terrorist organizations.
The NGO "human rights" groups which petitioned the court demanded cancellation of legislation which prevents Palestinians from claiming compensation from the State.
The organizations claimed that "the amendment to the Civil Damages 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."
The petitioners also asked the High Court to rule that Basic Law: Human Dignity and Liberty applies to all the residents of the areas controlled by Israel.
According to the amendment to the law, which is also called the "Intifada Law" and was approved by the Knesset about a year and a half ago, residents of the territories, citizens of "enemy countries" and operators of "terrorists' organizations" are deprived of the right for compensations following damages caused by security forces, also not as part of war activities.
The amended law authorizes the defense minister to declare every area in the territories an "area of confrontation," even if no fighting has been held there, thus depriving any person who suffered damages in the area of the right to claim compensation at a court of law.
'Amendment not constitutional'
The law retroactively applies to damages caused since September 29, 2000 and to pending court cases.
The State's response presented by the State Prosecutor's Office said: "The conflict between Israel and the Palestinians since the year 2000 is a war in every respect."
According to the State Prosecutor's Office, if the amendment isn't accepted, an absurd situation could be created in which "Israel, the attacked side, will be responsible for damages of war, as well as the Palestinians."
It was written in the response: "The war obligated Israel to match its damage laws, which weren't suited to the special characteristics of war, to the new situation that was created."
The State Prosecutor's Office tried to explain the complicated situation in the field. "Fighting in an authority that isn't a state, even if it is a political entity that is contained within territory that is partially held in a militant perspective, is a situation that veers from the acceptable."
It also added, "If the Palestinian Authority were an enemy state, the amendment would be superfluous. However, this is a terrorist authority that is hostile toward Israel."
The organizations for their part emphasized in the petition that "this is a law that grossly violates the legal humanitarian principles and the international law of human rights, occurring in the Occupied Territories, and damages fundamental rights in contradiction to the foundation law: respecting a person and his freedom. Therefore, the amendment is not constitutional.
Elon: High Court an "Existential Problem"
MK Benyamin Elon (National Union) commented on the High Court's ruling on the intifada law saying that "The High Court that cancels laws and doesn't understand that we are at war is becoming one of the State of Israel's gravest existential problems."
"The system must be changed," said Elon. MK Zvi Hendel (National Union -- National Religious Party) said, "The High Court once again has forgotten that Israel is at war and the Palestinian citizens are not innocent as long as they are sheltering the murderers and cooperating with them.
"I suggest the court remember that with all due respect, setting laws in Israel is the Knesset's job, and the High Court cannot change democratic decisions with a single blow," he added.
One of "Land of Israel's Legal Forum" heads, Attorney Yossi Fuchs, responded negatively to the ruling.
"The ruling is a parting gift from Aharon Barak to Palestinian Prime Minister Ismail Haniyeh, a gift that will buy Barak a respected status in the eyes of the international legal community at the expense of the security of Israel's citizens," Fuchs said.
'High Court restoring Israel's moral image'
On the other hand, the Left applauded the ruling. "It's too bad the coalitional majority in the Knesset leads us to a situation every time in which the High Court is forced to change house decisions," he said.
"I hope Knesset members honor the court's decision this time," he added.
Meretz-Yahad Chairman MK Yossi Beilin said, "The High Court has proved that the Knesset can't take rampant liberties and ignore Israel's responsibility for its actions in occupied territories."
"The High Court is restoring Israel's moral image which was stolen by the blunt Intifada law," he said.
MK Zahava Gal-On, chairwoman of the Meretz faction also congratulated the ruling regarding the "Intifada law" and said, "The law provides the country with immunity for unlawful actions."
"The law is immoral and discriminates between bloods," she said.
Members of Adalah, the Legal Center for Arab Minority Rights in Israel, received news of the ruling with satisfaction and said, "The petition is based in technicalities, but leaves an opening for individual claims at civil courts."
Hadash (Communist party) Chairman MK Mohammad Barakeh said, "The High Court ruling can't compensate people for the loss of their loved ones, but the decision, though partial, is significant."
MK Dov Khenin (Hadash-Communist party) said, "It appears yet aging that the Knesset's hand is too light on the trigger in rulings that violate human rights."
"On the day of human rights I call on the Knesset to do some real soul-searching regarding its limitations in this area," he concluded.
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