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Compensation for Victims of Terrorist Actions: Israel as a Case Study

Published online by Cambridge University Press:  28 February 2019

Ruth Levush
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Extract

The State of Israel has been subjected to numerous terrorist attacks since its establishment in 1948. The issue of rehabilitation, treatment, and compensation of victims of terrorism has been extensively regulated by its law. Special state funds for compensation of victims of terrorism have been established. This brief will describe the management and distribution of state funds to such victims. In addition, the right of victims to collect damages from those responsible for terrorist attacks will be analyzed. Specifically, this brief will explore whether victims of terrorism in Israel, as a precondition for filing for state compensation, are required to waive their rights to sue those responsible for the attack, and whether the State is entitled to reimbursement for money paid to victims. In addition, the right of Israeli victims of terrorism to sue knowing or unknowing tortfeasors and to sue terrorist states or quasi states will be analyzed. Special attention will be made to the application of the doctrine of foreign sovereign immunity to states and bodies responsible for terrorist actions.

Type
Articles
Information
International Journal of Legal Information , Volume 32 , Issue 3 , Winter 2004 , pp. 582 - 592
Copyright
Copyright © 2004 by the International Association of Law Libraries. 

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References

1 24 Laws of the State of Israel [hereafter LSI] 131 (5730-1969/70).Google Scholar

2 15 LSI 101 (5721-1960/61).Google Scholar

3 Supra note 1, §1.Google Scholar

4 Id. §2.Google Scholar

5 Id. §12.Google Scholar

6 Victims of Hostile Action (Determination of an Area held by the Israeli Defense Forces), 5731-1971, Kovets Hatakanot (Subsidiary Legislation) 163 (5731-971), as amended.Google Scholar

7 Victims of Hostile Action (Grant of Pensions to a Foreign Resident) Regulations, 5734-1974, Kovets Hatakanot (Subsidiary Legislation) 566 (5734-1974), as amended.Google Scholar

8 Id. §19b.Google Scholar

9 National Insurance Law (Consolidated Version), 5755-1995, ch. E, part c, Sefer Hahukim (official gazette) 210 (5755-1995), as amended, applicable in accordance with the Victims of Hostile Action (Pensions) Law, 5730-1970, id. §3.Google Scholar

10 See Victims of Hostile Action Pensions (Application of Regulations Regarding Professional training, Guarantees and Medical Insurance) Regulations, (5732-1971), Hatakanot, Kovets(Subsidiary Legislation) 110 (5732-1971).Google Scholar

11 Supra note 1, §4.Google Scholar

12 Id. §6a.Google Scholar

13 Id. §§7 and 16a. See also Fallen Soldiers’ Families (Pensions and Rehabilitation) Law, No. 49 (5710-1950), 4 LSI 115 (5710-1950), some provisions of which apply mutatis mutandis.Google Scholar

14 Supra note 11.Google Scholar

15 Victims of Hostile Action Pensions (Burial Expenses) Regulations (5738-1978), Hatakanot, Kovets(Subsidiary Legislation) 1630 (5738-1978).Google Scholar

16 §36, 13 LSI 315 (5719-1958/59).Google Scholar

17 53(2) Piske Din [Decisions of the Supreme Court] 79 (5759-1999).Google Scholar

18 Her Majesty the Queen in Right of Canada v. Sheldon Edelson et al., 51 Piske Din (Decisions of the Supreme Court, hereafter PD) 625 (1997); available on Takdin (Juridisc, legal database).Google Scholar

19 Irena Litvak Nuritz et al. v. the PA and Yasser Arafat (Mar. 30, 2003) available at http:www.takdinet.co.il.Google Scholar

20 Violent uprising erupted following disagreements at Camp David negotiations in September 2000. See Palestinian Violence and Terrorism Since Sept. 2000, at http://www.mfa.gov.il.Google Scholar

21 32 Kitve Amana No. 1067, at 1.Google Scholar

22 33 Kitve Amana No. 1071, at 1.Google Scholar

23 Ritreski, T. Compensations from the Palestinian Authority, YNET (Yediot Acharonot newspaper online edition, Feb. 7, 2003) at http://www.ynet.co.il.Google Scholar

24 Meiri, O. The Additional Hit of the Park Hotel Victims, Yediot Acharonot newspaper (Apr. 26, 2002), translated by Levush.Google Scholar

25 15 LSI 101(5721-1960/61).Google Scholar

26 Id. ch. 2.Google Scholar

27 Id. §12.Google Scholar

28 Id. §§36(c) and 38(b).Google Scholar

29 Property Tax and Compensation Fund (Payment of Compensation) (War and Indirect Damages), 5733-1973 Kovets Hatakanot 1682 (5733-1973), as amended.Google Scholar