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RIGHTS WITHOUT REMEDIES: ISRAEL’S COMPENSATION LAW

RIGHTS WITHOUT REMEDIES: ISRAEL’S COMPENSATION LAW

A legal commentary on Israel’s recently-amended Civil Wrongs (Liability of the State) Law 5712-1952 (the Compensation Law), legislation which raises a number of concerns in regards to its compliance with international law. The amendments to this law, which narrow the eligibility of Palestinians to submit claims for compensation as a result of illegal actions carried out by the Israeli military (including acts of negligence), were overwhelmingly passed by the Israeli Knesset (parliament) in July 2005. The Compensation Law seeks to preempt the Palestinians’ right to a remedy, in this case compensation, a right which is deemed customary under international law. Further, it is a blatant example of discrimination formalised into law, as in effect, it will deny compensation to Arabs in general, and Palestinians in particular.

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