NEW YORK, June 28: The Human Rights Watch said on Monday that Israel had not upheld its obligation under international law to provide an effective remedy to victims of human rights abuses in the territories.
The HRW noted that a bill in the Israeli Knesset being debated now would prohibit residents in the occupied Palestinian territories from seeking compensation for death or injury at the hands of Israeli soldiers even if the soldiers are found to have acted unlawfully.
“If implemented, this bill would prohibit Palestinians under occupation from seeking compensation even if an Israeli soldier is found guilty of killing a civilian without any justification at all,” said Sarah Leah Whitson, Middle East director at Human Rights Watch.
“It sends the message that Israel will offer no remedy to certain victims, no matter how wrong or unlawful the conduct of its soldiers.”
The Israeli government maintains that it has no duty under international law to pay compensation to civilians during a time of armed conflict. The government also claims that there is a permanent state of armed conflict in the occupied Palestinian territories.
However, as the occupying power, much of the time Israel is policing and performing law enforcement duties instead, Human Rights Watch said.
More than 1,600 civilians have been killed in the territories in situations outside of armed conflict since September 2000. But if implemented as the government has suggested, this bill would preclude compensation for any of the victims of unlawful conduct even in cases outside armed conflict.
The proposed amendment would prohibit ‘a national of an enemy state or a resident of a conflict zone’ from bringing claims for compensation against the state in an Israeli court for harm inflicted by Israeli forces.
