(From the Yearbook of International Humanitarian Law)

The Supreme Court of Justice unanimously declared the invalidity of Article 5C of the Civil Wrongs (Liability of the State) Law, referred to as the ‘intifada law’. Article 5C provides that the State would not be liable for acts committed by its security forces in conflict areas as designated by the Minister of Defence except in limited cases.

The Court noted that Article 5C denied access to remedies in Israeli courts and should therefore be examined in light of Israeli constitutional law, namely Basic Law: Human Dignity and Freedom. It left open the question whether the Basic Law was applicable extraterritorially. The Court found that the existing expansion of the State immunity infringes excessively on the rights to life, property and liberty of plaintiffs. It relieves the State from liability for civil wrongs that are unrelated to combat action. Accordingly the Court found Article 5C invalid.

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