(Mahmoud
Ezz Eddin Wahid Mousa lost 6 members of his family in an Israeli attack)

At approximately 20:30 on 14 January 2009, during ‘Operation Cast Lead’, Israeli forces carried out a drone strike
at the house of Ezz Eddin Wahid Mousa Family, in Gaza City. At the time of the
attack, the Mousa family members were sitting in the tin-roofed front yard of
their house and had just finished having dinner. As a result of this attack 6
members of the Mousa family were killed and another member was seriously
injured.

Mahmoud Ezz Eddin Wahid Mousa (28)
was severely injured in the attack, when several shrapnel from the missile
pierced his body. Among other injuries, Mahmoud sustained several injuries in
his right hand and right leg, impairing the nervous system in both the limbs.
More than four years after the attack, Mahmoud has still not fully recovered
from his injuries, despite having been treated in hospitals in the Gaza Strip
and Egypt. In January 2010, the Palestinian Centre for Human Rights (PCHR)
filed a civil compensation case before the Israeli court on Mahmoud’s behalf
but, on 27 February 2013 the case was arbitrarily dismissed on the grounds that
certain Israeli legal provisions, in particular a 2012 amendment to the Israeli
Civil Tort Law, absolve the State of Israel of any liability arising from the
damages caused by Israeli forces during a ‘combat action’.

“I cannot believe that my case has
been dismissed”, Mahmoud explained. “I got the news that my case was dismissed
through my uncle, much later, because I was in Egypt at that time. I was
receiving medical treatment in Egypt when my case was dismissed. My whole
family, my parents, my brother and my sister were killed in the attack and I
want to know why. Why did they kill my family? I did not file this case to get
money. Money cannot bring back my family”. When Mahmoud learnt about the
Israeli legal provisions owing to which his case was dismissed, he said, “This
is not a law. How can they make such a law? They targeted my family in the
attack. We are all civilians, and do not have any connections with militants.
This was not a military operation; this was a civilian operation to kill my
family. Why can’t they give me any reasons? It feels like my family died for nothing.
I want the Israeli judge to tell me what he would do if he were in my place. He
should look at the case fairly. If his family was killed in such an attack, he
won’t have dismissed the case.” Tears welled up in Mahmud’s eyes as he said, “I
was sure that my case will succeed. It is a very clear case. All of us were
targeted without any reason. We were just having dinner. What is wrong with
that? They cannot kill us like this.”

(The
tin-roofed front yard where the attack took place)

Mahmoud expressed his disappointment
by saying, “The reason behind this law is that they keep committing crimes
against us civilians. They know that they are wrong. My case was valid and it
should not have been dismissed like this. This is not right, this is wrong.
They know that we are ordinary people who don’t have the money to meet their
high court fees. Till when will the world keep silent about such crimes? Till
when will they keep killing us like this? What do they want from us? We had to
leave our homes because of them, and now when we are trying to build our lives
again, they keep killing us.”

To file the case for a review
Mahmoud need a huge amount of money but his financial condition is very weak.
Despite being disheartened, Mahmoud hasn’t lost hope, “If someone else was in
my place, he would lose all hope. He would give up. But I won’t. I will keep
fighting this case, no matter how long it takes. I am not expecting anything
new from them, but I still have hope that someone will do justice. If I die
before that then I will tell my next generations to fight the case. But I
cannot give up my family’s dignity.”

(Mahmoud
suffered serious injuries in his right leg and hasn’t recovered yet)

The medical treatment Mahmoud has
received so far is insufficient to improve his condition. He explains, “After
the attack when I was taken to the hospital in Gaza, they told me that they
will have to cut my right leg to decrease my pain. But I did not want that. My
nerves in my right arm and leg were damaged in the attack. The Palestinian
Authority in Ramallah arranged for me to go to Egypt for treatment. I underwent
many operations and surgeries there, and my condition improved. Now, I am at a
stage where I can save my leg. The problem is that even in Egypt they cannot
sure me completely. The doctors said that I need to go to Europe for treatment,
and there are better facilities there. The time is running out and if I don’t
get treated soon then they will have to cut my leg. But I don’t have the money
for that. I hope that somehow I will manage to get the treatment I need.”
Mahmoud needs to undergo a bone-marrow transplant operation to be able to save
his leg, but given the lack of financial support this seems difficult.

After the devastating attack
Mahmoud’s life has altered completely, and he has been having difficulties in
both his personal and professional life, “No one here will hire a person whose
hand and leg don’t work properly. I tried working with the Ministry of
Transport in Gaza as a receptionist for four months, but I could go there only
for 10 days every month because I was undergoing treatment. I left later
because it was very difficult for me. In Gaza there are so many people who are
unemployed. When they can hire a person whose legs and hands work properly, why
will someone hire me?” Mahmoud further said, “I was married earlier, but my
wife divorced me after the attack. She could not live with me like this. With
God’s grace I am engaged again. I want to start a family and lead a normal
life. To do this I need to make money, but I am not able to do that because of
my condition.”

Following the 2008-2009 Israeli
offensive on the Gaza Strip (‘Operation Cast Lead’), PCHR filed 1,046 civil
complaints (or “damage applications”), on behalf of 1,046 victims, to the
Compensation Officer in the Israeli Ministry of Defence. These damage
applications sought compensation for victims following alleged violations of
international law committed by Israeli forces. Because the Israeli authorities
did not act upon these damage applications, between June 2010 and January 2011,
PCHR filed 100 civil cases before Israeli courts, seeking compensation for 620
victims. However, the Israeli legislature (Knesset) and the courts, through
legislative amendments and recent decisions, have imposed various legal and
procedural obstacles on the achievement of justice for victims.

In dismissing Mahmoud’s case, the
court relied upon the 2012 Amendment No. 8 to the Israeli Civil Tort Law
(Liability of the State), which exempts the State of Israel of any liability arising
from damages caused to a resident of an enemy territory during a “combat
action” or a “military operation”. This amendment, which applies retroactively
from 2000 onwards, and specifically in the context of the Gaza Strip from 12
September 2005 onwards, widened the scope of “combat action” by including any
operations carried out by Israeli forces in response to terrorism, hostilities,
or insurrections, if it is by nature a combat action, given the overall
circumstances, including the goal of the action, the geographic location, and
the inherent threat to members of the Israeli forces who are involved in
carrying out the action. This amendment disregards the vital question of the
legality of these attacks and ignores the damages caused to the victims as a
result of such attacks, which can potentially constitute violations of the
rules governing the conduct of armed forces during military operations, as
prescribed under international humanitarian law. Amendment No. 8 directly
contravenes norms of customary international law, which establish that a State
is responsible for all acts committed by persons who are operating as part of
its armed forces. Moreover, as a High Contracting Party to the 1949 Fourth
Geneva Convention relative to the Protection of Civilian Persons in Time of
War, Israel cannot be absolved of any liability it incurs in respect of grave
breaches or serious violations, which are committed against the civilian
population during military operations. Moreover, the Israeli courts charge an
average court guarantee of approximately NIS 30,000 (USD 8,000) from every
claimant, and if the case does not reach the trial stage the court withholds
this guarantee as ‘defense costs’.

Significantly, these decisions
result in a situation whereby victims are financially penalised for having
pursued their legitimate right to access to justice by filing civil cases
before the courts. The judicial system is being used to provide an illusion of
justice, while systematically denying Palestinian civilians their right to an
effective remedy.