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
Recommended Citation
Barak, Aharon; Beinisch, Dorit; Procaccia, Ayala; Levy, Edmond E.; Naor, Miriam; Joubran, Salim; Hayut, Esther; Cheshin, David; and Grunis, Asher, "Adalah Legal Center for Arab Minority Rights in Israel v. Minister of Defense" (2006). Translated Opinions. 25.
https://larc.cardozo.yu.edu/iscp-opinions/25
