Case Number

HCJ 8276/05

Date Decided

12-12-2006

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: In 2005, an amendment was made to the law of torts with regard to the liability of the State of Israel arising from the activities of its security forces in the territories of Judaea, Samaria and the Gaza Strip. Section 5C of the Torts (State Liability) Law, 5712-1952, which was introduced by the amendment, increased the scope of the state’s exemption from liability, which was previously limited to combatant activities, to any activity (subject to some exceptions) taking place in a ‘conflict zone,’ and the Minister of Defence was authorized to determine which areas would constitute ‘conflict zones.’ He exercised this power on a large-scale basis.

The petitioners attacked the constitutionality of this amendment.

Held: Section 5C of the Torts (State Liability) Law, which was introduced by the 2005 amendment, is unconstitutional. It releases the state from liability for tortious acts that are in no way related to ‘combatant activities,’ no matter how broadly the term is defined. The proper approach is to consider each claim on a case by case basis, in order to determine whether the damage is the result of combatant activities or not.

Petition granted.

Keywords

Constitutional Law -- Legislation, Torts -- Exemptions from liability

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