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PCHR Palestinian Centre for Human Rights PRESS RELEASE |
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Ref: 91/2005
Date: 28 July 2005
Time: 12:30 GMT
Knesset Passes 2 Anti- Palestinian Discriminatory Laws in 1 Day
In an attempt to cement the already existing laws which discriminate against Palestinians, yesterday, 27 July 2005, the Israeli Knesset passed Amendment No. 5 to the Civil Wrongs (Liability of State) Law 5712-1952 and confirmed an amendment to the Family Reunification Law of 2002 which discriminates against Palestinians trying to get Israeli citizenship.
Amendment No.5 to the Civil Wrongs Law effectively stops Palestinians in the Occupied Palestinian Territory (OPT) from seeking compensation in Israeli courts on the basis of their residence. The amendment is contrary to Israel’s international law obligations and demonstrates again the impunity that is granted to the Israeli Occupying Forces (IOF) by Israel.
The confirmation, and moderate amendment, to the Family Reunification Law means that Palestinian men under the age of 35 and women under the age of 25 will be unable to apply for Israeli citizenship even when married to an Israeli citizen and when a resident inside Israel.
The latest amendments to the Civil Wrongs Law comes in the context of a systematic pattern of previous limitations on the ability of Palestinians from the OPT to claim for injury and damage inflicted by the IOF.[1] In a previous amendment in 2002 the Israeli Knesset ensured that compensation claims would be out of reach for most Palestinians through an expanded definition of what Israel calls “war time actions” and strict procedural amendments. However under this 2002 amendment Palestinians broadly retained the right, under these severe restrictions, to claim compensation in the Israeli court system.[2]
Yesterday’s changes to the Civil Wrongs Law approved by the Knesset will prohibit, with retroactive effect back to September 2000, a national of an “enemy state”, a member of a “terrorist” organisation or a person who suffered injury or damage in a “conflict zone” by the IOF from launching a compensation case in the Israeli legal system. The law defines a “conflict zone” as area outside the State of Israel that has been declared so by the Israeli Minister of Defence. It is clear that this broad term will be used to stop Palestinians from seeking compensation in the future.
PCHR is concerned that the amendments grant complete discretion to the Minister of Defence and even allow the Minister to determine an area a “conflict zone” after a Palestinian has filed a complaint. This will eradicate the 1000s of cases which PCHR has collected evidence and built legal files on throughout the Intifada
In an attempt to cover up the wholesale denial of access to justice for Palestinians the law sets out some exceptions: (1) injury in a traffic accident in which a soldier/driver was convicted; and (2) abuse of Palestinian detainees/prisoners in Israeli jails.
The law goes on to create an ‘Exceptions Committee’ appointed by the Minister of Defence which will allow the Minister to propose exceptional amounts of money in exceptional cases. No criteria are stipulated to define what amounts to an “exceptional” violation of a Palestinian’s basic rights. Awards made in “exceptional” cases are outside any legal framework and allow the claimant no right of appeal to a Court. The awards never constitute an admission of wrongdoing on the part of the IOF. PCHR is concerned that this amendment has codified the impunity granted by the military and judicial system to their soldiers throughout this belligerent occupation.
The amended law is contrary to Israel’s legal responsibility as a State subject to international law. It once again demonstrates that Israel does not respect the obligations placed upon States. Israel has an obligation to provide an effective remedy to those within its jurisdiction that have been victims of human rights violations by the IOF.
The latest amendments are contrary to international humanitarian law and Israeli’s responsibility as an ‘Occupying Power’. International humanitarian law governs situations of occupation and Article 3 of the Hague Regulations of 1907 (Annexed to the Fourth Hague Convention) provides that “A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces”. The Hague Regulations are widely considered customary international law (including by the Israeli High Court of Justice) and thus binding on all States.
Furthermore, the law is contrary to international human rights instruments to which Israel is a party to including Article 2 of the International Covenant on Civil and Political Rights. Article 2(3) provides “Each State Party to the present Covenant undertakes: (a) to ensure that any person whose rights or freedoms are herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity”.
Under international law Israel has clear responsibilities towards Palestinian civilians. Israeli lawmakers state that because of the large numbers of “incidents” which occur in the OPT it is difficult to investigate and check responsibility for the violations. Israel is now trying to eliminate its legal responsibilities by stating that they are an administrative burden.
However the real burden of this belligerent occupation has been borne by the 2822 Palestinian civilians (including 645 children) who have been killed in the OPT since the start of the recent Intifada. On top of this in the Gaza Strip alone 2704 homes have been completed destroyed since the beginning of recent Intifada and a further 2187 have been partially destroyed, but rendered uninhabitable. All of the Palestinians affected by such acts will now effectively be prohibited from claiming compensation.
PCHR believes that this law is in contravention of the Israeli Basic Law and intends to challenge it on this basis in cooperation with Israeli and Palestinian human rights organisations.
PCHR is also deeply concerned at the continued discrimination imposed by the Knesset when they decided to amend the Family Reunification Law which was due to expire on July 31 2005. The Law gives scope for Israeli security services (Sinn Beht) to assess citizenship and will remove welfare rights from many Arab-Israeli families. On the 4 April this year Israeli Prime Minister Sharon stated: “There is no need to hide behind security arguments. There is a need for the existence of a Jewish state.”
PCHR condemns this policy and the practise of legal discrimination by the Israeli political establishment against Palestinians.
PCHR calls on the international community to immediately exert serious pressure against Israel to end institutionalised discrimination against Palestinians.
[1] The Amendment excludes Occupied East Jerusalem which Israel illegally annexed in 1967.
[2] In 2004 alone PCHR’s Legal Unit received 487 complaints from Palestinians civilians in cases of killing, injury and destruction of property by the IOF and has lodged them with the IOF in anticipation of later lodging them with the Israeli court.
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