(From the Yearbook of International Humanitarian Law)

Compensation

The Court rejected a motion by the State to summarily dismiss a compensation claim brought by a Lebanese citizen, who had been detained in Israel between 1994-2004 – a period in which he was allegedly tortured and sexually assaulted. The State argued that the active membership of the claimant in the Hezbollah – a terror organization, which is a declared enemy of the State of Israel – renders the claim inadmissible by virtue of the common law rule barring claims by enemy citizens. The Court held,however, that the aforementioned rule had not been incorporated into Israeli law, and that even if it had been incorporated it would conflict with the right of the claimant to enforce by way of court proceedings his constitutional rights under the Basic Law: Human Dignity and Liberty. The Court held that existing legislation, i.e., Trade with the Enemy Ordinance, 1939, would bar the transfer of any sums to be awarded to the claimant as long as he resides in an enemy State or belongs to an enemy organisation. According to the Ordinance, such sums would be held in trust in Israel until the termination of the state of war between the parties.

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