Ref: 29/2013

For two consecutive days, 23 and 24
April, the Palestinian Centre for Human Rights (PCHR) will convene an
international legal conference in Malaga, titled “Pursuing justice and redress
for Palestinian victims: developing strategies for advocacy and litigation”.
This is the fourth conference of its kind organized by PCHR, in close
cooperation with international partners, especially Al Quds Malaga. 21
Palestinian, Israeli, and international human rights organizations and lawyers
are taking part in the conference.

The three previous Malaga conferences were held to discuss
issues related to the rule of law and human rights of Palestinian victims of
Israeli crimes and human rights violations.

This conference relates to recent
developments within the Israeli legal system, which are effectively blocking
nearly all avenues for access to justice for Palestinian victims. The most
recent of these developments is Amendment No. 8 to the Israeli Tort Law, which
came into force in 2012.[1] This amendment
absolves the State of Israel of any liability arising from damages caused to a
resident of an enemy territory during a “combat action”, and has led to the
dismissal of a number of civil complaints submitted by PCHR on behalf of
victims of Israeli military attacks in the Gaza Strip. This Amendment
effectively prevents victims from obtaining or compensation. This Amendment has
followed a number of other practical, legal and procedural obstacles put in
place in recent years.

Another of the obstacles, and a
pressing reason for convening the conference, is the dramatic increase in court
guarantees that the Israeli court imposes on victims for pursuing their claim
in the Israel
civil law system. These charges are now imposed per claimant, rather than per
case. The judiciary imposes financial obstacles by charging each claimant a
court guarantee, set at an average of NIS
30,000 (USD 8,000). These expenses make it practically impossible for victims
to pursue their right to redress.

Additionally, many civil complaints
submitted by PCHR on behalf of victims of Israeli military offensives were
recently dismissed for the stated reason that they did not comply with newly-imposed procedural
requirements, according to which a power of attorney for a civil case arising
from the Gaza Strip is considered valid only if it bears the signature and
stamp of an Israeli diplomat. Complying with this procedure is not possible
because claimants from the Gaza Strip are generally prevented from travelling
to Israel.

Because of these developments, as
well as other legal, procedural and practical obstacles that have been put in
place[2], PCHR is
convening the conference with the aim of developing possible legal and advocacy
strategies  for moving forward. These
challenges to access to justice must be addressed through in-depth discussions
involving many human rights organizations and lawyers who should adopt a
unified position. If it is concluded that the domestic legal system is blocked,
this means international legal mechanisms for justice are the only available
alternatives available to victims, such as the International Criminal Court,
following the recognition of Palestine
as a State by the UN General Assembly.

As human rights organizations and
lawyers who represent victims and seek to defend and promote the rule of law,
we must discuss, in a responsible way, the strategies for the future in
defending the rights of Palestinian victims.