Ref: 74/2011

The Legal Aid Unit of the Palestinian Center for Human Rights
(PCHR) has been able, following years of legal actions and intensive follow-up,
to ensure reparation for the family of Mustafa Jihaini al-Sawarka, 35, from
Juhor al-Dik area, southeast of Gaza City, who was killed by Israeli Occupation
Forces (IOF) more than 6 years ago. PCHR
was able to conclude a settlement with representatives of the Israeli military
prosecution, under which an amount of 310,000 NIS (approximately US$ 91,177) would
be paid to al-Sawarka’s family in return for closing the claim. Procedures to hand this amount to the family
are currently ongoing. 

On 15 December 2004, IOF positioned to the west of the evacuated
Israeli settlement of “Nitzarim,” south of Gaza City, opened fire at a number
of Palestinian civilians on the coastal road. Al-Sawarka, who was traveling in a taxi, was wounded by a bullet to the
neck. He died while on the way to Shifa
Hospital in Gaza City. 

On 22 December 2004, al-Sawarka’s family referred to PCHR and
granted it a power of attorney to take necessary legal action concerning his
death. On 29 December 2004, PCHR
submitted complaints to the Israeli military legal advisor at Erez crossing,
the compensation officer of the Israeli Ministry of Defense and the Israeli
military prosecution of the southern command, in which it demanded opening an
investigation into the attack, holding the perpetrators accountable and
ensuring reparation for the victim’s family.  

On 10 August 2006, PCHR received a negative response from the
Israeli Ministry of Defense, which refused to admit legal responsibility and
ensure reparation for the al-Sawarka’s family. Accordingly, PCHR filed a compensation claim before the Magistrate Court
of Haifa demanding compensation for al-Sawarka’s family for his death by IOF. In such case, legal responsibility must be
proved before claiming for compensation. On 7 August 2007, the Israeli public prosecution deposited a submission
in response to PCHR’s claim. 

Several court hearings in the claim were held over the past years,
during which PCHR supported its claim by evidences confirming IOF’s
responsibility for al-Sawarka’s death. Consequently, the Israeli prosecution sought to close the claim through
a settlement, under which an amount of 310,000 NIS would be paid to
al-Sawarka’s family in return for closing the claim. The court approved this settlement. 

This is not the first time that PCHR succeeds in its efforts to
prosecute Israeli war criminals before Israeli courts. In April 2010, PCHR was able to compel the
State of Israel to pay an amount of 450,000 NIS to the family of Naim Hussein
al-Madhoun, who was killed by an Israeli settler near Beit Hanoun (Erez)
crossing on 8 March 1993, when he was on his way from his work inside Israel
back to his house in Gaza. 

Commenting on this achievement, Attorney Raji Sourani, Director of
PCHR, stated that PCHR “would continue its efforts to prosecute suspected
Israeli war criminals before Israeli courts, or national courts of other
countries.” He added: “We will never forgive nor forget war crimes
committed by IOF against Palestinian civilians. This is our principle, based on universal jurisdiction, to ensure that
Israeli war criminals do not evade justice, and to ensure reparation for
thousands of Palestinian civilians who have been affected by Israeli practices
and crimes.”