Adalah Legal Centre for Arab Minority Rights in Israel v. Minister of Defense

HCJ 8276/05 (2006)

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Adalah Legal Centre for Arab Minority Rights in Israel v. Minister of Defense

Israel Supreme Court
HCJ 8276/05 (2006)

Facts

Israel’s civil tort law recognized that Israel can be held liable for torts unless there is an express exception set forth by statute. One exception is torts related to combatant activity of the Israeli Defense Forces (IDF). The IDF conducted roadblocks and searches in the West Bank and, prior to 2005, in Gaza. The Israel Supreme Court had previously ruled that such activity did not constitute combatant activities. The Israeli Knesset responded to the ruling by adding Amendment 7 to the exception, with broadened state immunity to include any activity by the IDF in a conflict zone. Adalah Legal Centre (plaintiff) filed a petition against the Israeli minister of defense (defendant), claiming that Amendment 7 violated the basic law guaranteeing the rights of human dignity and liberty.

Rule of Law

Issue

Holding and Reasoning (Barak, J.)

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