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  1. #1
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    Law Against Palestinian Suits Overturned

    Dec. 12, 2006 0:37 | Updated Dec. 13, 2006 1:07
    Law against Palestinian suits overturned
    By DAN IZENBERG
    The Jerusalem Post

    Following a High Court of Justice ruling on Tuesday that overturned the so-called "intifada law," civil courts will have to deal with hundreds of lawsuits filed by Palestinians who suffered material loss in the wake of IDF actions, Adalah head Hassan Jabarin told The Jerusalem Post.

    "We also expect hundreds of new lawsuits to be filed as a result of recent IDF operations, particularly in the Gaza Strip," Jabarin said. "These civil courts will have to decide whether the deaths and injuries suffered by Palestinian civilians during the IDF operations in Beit Hanun and other areas are to be regarded as war operations or not."

    A panel of nine High Court justices headed by retired Supreme Court President Aharon Barak unanimously struck down a key provision in a law passed by the Knesset last year 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.

    The court ruled that the key provision of an amendment to the Civil Wrongs (Liability of the State) Law passed on July 27, 2005 violated the Basic Law: Human Freedom and Dignity and was therefore null and void.

    "The amendment denies responsibility for damages from any injury inflicted in the conflict zone by [Israeli] security forces, including acts that had nothing to do with war operations," wrote Barak. "This expansion of lack of state responsibility is unconstitutional...

    "It releases the state from acts resulting in damages having nothing whatsoever to do with military operations. There is nothing in regular law enforcement activities carried out by the security forces in areas under their control that justifies their being removed from the sphere of regular tort law."

    Tuesday's ruling marks the sixth time that the High Court has canceled all or part of a law passed by the Knesset since the two human rights laws, Basic Law: Human Dignity and Freedom and Basic Law: Freedom of Occupation were passed in 1992. It is arguably the most significant of the six and the most important in the eyes of the Knesset.

    MK Michael Eitan (Likud) submitted an urgent motion to Knesset Speaker Dalia Itzik calling for a debate on the issue in the plenum. "If the court continues to strike down Knesset legislation, it will put an end to Israeli democracy and the IDF's capacity to defend," he said.

    The amendment in question has two provisions. The first states that citizens of enemy countries, terrorists and anyone executing a mission on behalf of either cannot sue for damages under any circumstances. The court did not reject this provision.

    The second provision empowered the minister of defense to designate areas of the West Bank and the Gaza Strip as "conflict zones." The law was to be applied retroactively, starting with the beginning of the intifada and continuing for six months.

    During the time the areas were designated as "conflict zones," people living within them were unable to sue the state for damages for any injury caused by Israeli security forces, whether the injury was connected to the war against terrorism or not.

    Soon after the law was passed, then-defense minister Shaul Mofaz divided the West Bank into 88 subdistricts and the Gaza Strip into four subdistricts. He designated the subdistricts as conflict zones for specific periods of time beginning on September 29, 2000, many of them for months and years.

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  2. #2
    TheWorker Guest

    Re: Law Against Palestinian Suits Overturned

    pretty stupid of them to do that i would think. arent US soldiers and others in Iraq invulnerable to lawsuits from iraqis???
    why would you allow the people you are attacking to sue you over it???

    israel aint doing so hot this week...

  3. #3
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    Re: Law Against Palestinian Suits Overturned

    Quote Originally Posted by TheWorker
    pretty stupid of them to do that i would think. arent US soldiers and others in Iraq invulnerable to lawsuits from iraqis???
    why would you allow the people you are attacking to sue you over it???

    israel aint doing so hot this week...

    Think of it this way...this is regarding non military operations and they are neighbors. Canadians would be allowed to sue us if we overstepped our bounds and it was not a military operation.

    Although it will probably clog up the courts with nonsense suits, it also may make IDF think twice about it's actions in making sure the ends justify the means.

  4. #4
    TheWorker Guest

    Re: Law Against Palestinian Suits Overturned

    Quote Originally Posted by Button
    Think of it this way...this is regarding non military operations and they are neighbors. Canadians would be allowed to sue us if we overstepped our bounds and it was not a military operation.

    Although it will probably clog up the courts with nonsense suits, it also may make IDF think twice about it's actions in making sure the ends justify the means.
    i wouldnt compare US/Canada to Israel/Palestine.....weve already discussed this many times, it is a COMPLETELY different world out there and im not sure this is either smart not going to amount to much anyways.....

    this kind of stuff is the ridiculousness that is todays "warfare" ...you have to tiptoe through the roses and be careful to not kill a civilian or blow up a power plant. that is why Iraq was doomed to fail from the get go, and why Israel Palestine will always be at odds. we dont have conventional war anymore.

  5. #5
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    Re: Law Against Palestinian Suits Overturned

    Quote Originally Posted by TheWorker
    i wouldnt compare US/Canada to Israel/Palestine.....weve already discussed this many times, it is a COMPLETELY different world out there and im not sure this is either smart not going to amount to much anyways.....

    this kind of stuff is the ridiculousness that is todays "warfare" ...you have to tiptoe through the roses and be careful to not kill a civilian or blow up a power plant. that is why Iraq was doomed to fail from the get go, and why Israel Palestine will always be at odds. we dont have conventional war anymore.
    I'm playing devil's advocate here...what exacty would you consider conventional war? Think about it and think about how war has changed over the centuries. At one time huge armies would clash, we had the indians over here that would raid whomever was in their way, we had the british that would only martch in straight lines thus leading to their downfall in the Revolutionary war with us using more sneak type tactics. Then you get to the 1900s. Planes and helicopters started doing lots of the dirty work and just blowing everything up, then you had the jungle fighters and now we've got Iraq. We've got suicide bombers and tanks, etc. There is no conventional war.

  6. #6
    TheWorker Guest

    Re: Law Against Palestinian Suits Overturned

    Quote Originally Posted by Button
    I'm playing devil's advocate here...what exacty would you consider conventional war? Think about it and think about how war has changed over the centuries. At one time huge armies would clash, we had the indians over here that would raid whomever was in their way, we had the british that would only martch in straight lines thus leading to their downfall in the Revolutionary war with us using more sneak type tactics. Then you get to the 1900s. Planes and helicopters started doing lots of the dirty work and just blowing everything up, then you had the jungle fighters and now we've got Iraq. We've got suicide bombers and tanks, etc. There is no conventional war.
    i dont think we have conventional was really anymore, cept maybe some places in africa... that was kind of my point. as long as "war" now consists of large foreign forces in countries who are basically weak but still have what we now call "an insurgency", this tiptoeing BS wont cut it...

  7. #7
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    Re: Law Against Palestinian Suits Overturned

    Quote Originally Posted by TheWorker
    i dont think we have conventional was really anymore, cept maybe some places in africa... that was kind of my point. as long as "war" now consists of large foreign forces in countries who are basically weak but still have what we now call "an insurgency", this tiptoeing BS wont cut it...

    Maybe so, but as long as we have small unpowerful countries fighting against powerful countries, we will have sucide attacks and attacks on civilians. It's a cycle...if the stronger country just bombs the hell out of everything that walks in the weaker country then they have problems to fight with world outrage and stronger countries stepping up to "avenge" the weaker country. War is dirty, no matter how you look at it.

  8. #8
    TheWorker Guest

    Re: Law Against Palestinian Suits Overturned

    Quote Originally Posted by Button
    Maybe so, but as long as we have small unpowerful countries fighting against powerful countries, we will have sucide attacks and attacks on civilians. It's a cycle...if the stronger country just bombs the hell out of everything that walks in the weaker country then they have problems to fight with world outrage and stronger countries stepping up to "avenge" the weaker country. War is dirty, no matter how you look at it.
    yea thats what i was saying in the beginning...

  9. #9
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    Re: Law Against Palestinian Suits Overturned

    Quote Originally Posted by TheWorker
    yea thats what i was saying in the beginning...
    It's a cycle and in an era where countries and religions have allies with weapons and troops to back it up then those are the rules. Of course the rules can be broken but if somebody does, then I don't want to hear them complain about the consequences.

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