2018 | Israel Beer Sheva District Court, (minor) et al. vs the State of Israel

On 16 November 2018 the Israeli Beer Sheva District Court handed down its judgment in a case filed by the Al Mezan Center for Human Rights and Adalah -Legal Center for Minority Rights in Israel, on behalf of the 15-year-old Gaza resident Attiya Fathi al-Nabahin and his family.

Attiya was fired at by Israeli forces on November 11th 2014, while he was on his family's property near a refugee camp located half a kilometre away from the security border fence with Israel. The shooting caused permanent and serious injury; Attiya is permanently paralyzed in all four of his limbs and is confined to a wheelchair. He and his family sued high ranked Israeli commanders, holding them liable for their damages.

However, the court dismissed the claim, arguing that, Article 5/B-1 of the 8th Amendment of Israel’s Civil Wrongs Law (State Responsibility) of 1952, excludes residents of a territory declared by the Israeli government as ‘enemy territory’ from eligibility to seek compensation from Israel. Israel has declared Gaza to be enemy territory since 2007. Al Mezan & Adalah have announced that they will appeal to Israeli Supreme Court.

The court ruling is available in Hebrew here. More information on this case is to be found in this folder, under ‘Reports’.