The Israeli legislature and judiciary, through legislative amendments and recent decisions, have imposed various legal and procedural obstacles for the achievement of justice for victims. 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. This leads to the denial of individual victims’ legitimate right to an effective remedy, as well as the loss of considerable sums of money. As will be outlined in this report, such practices violate Israel’s obligations under customary international law. The State of Israel’s unwillingness to compensate Palestinian victims and make reparations for losses resulting from its military operations in the Gaza Strip is reflected in the treatment and outcomes of civil cases filed before Israeli courts to seek compensation on behalf of the victims.
Full Report - 30 pages
http://www.pchrgaza.org/files/2013/Penalising%20the%20Victim-report.pdf
This report is an update of previous reports by the Palestinian Centre for Human Rights (PCHR), which discuss the issues hindering the delivery of justice to Palestinian victims of violations of international law. It supports the conclusions of previous reports and provides an update with respect to the status of cases filed by PCHR, as of 25 March 2013. Specifically, this report concludes that the Israeli authorities are unwilling to conduct effective domestic investigations into cases which accuse Israeli forces of violating international law and, moreover, that such investigations cannot be conducted within the Israeli national system. The report will outline the issues which obstruct the investigation and prosecution of violations of international law in the Israeli military court system. For this purpose, the report will highlight the outcomes of cases arising from the 2008-2009 Israeli offensive on the Gaza Strip, ‘Operation Cast Lead’, during which 1,167 Palestinian civilians were killed, including 318 children and 111 women.
Full Report
- 20 pages
http://www.pchrgaza.org/files/2013/An%20illusion%20of%20Justice.pdf
Joint statement by Palestinian & Israeli orgs regarding civil compensation in Israeli courts
http://www.pchrgaza.org/files/2013/2013-04-25%20Malaga%20Statement.pdf
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