Justice Minister Daniel Friedmann
Photo: Haim Zach
Justice minister to push through 'Intifada Law'
High Court ruling revoked legislation that would prevent Palestinians from claiming compensation from Israel following IDF operations, but 6 months later, justice minister orders new legislation
Justice Minister Daniel Friedmann announced Tuesday morning that he intended to promote legislation that would reinstate the 'Intifada Law.'
Court Revokes Law
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Did High Court overstep its authority with compensation ruling?
According to the law, which was revoked by the High Court in December 2006 following numerous petitions by human rights organizations, residents of the territories, citizens of "enemy countries" and operators of "terrorists organizations" are ineligible to demand compensation for damages caused by security forces.
The proclamation was met with little surprise in the justice system and experts said the move was legitimate and acceptable.
The proposal to reinstate the law is credited to MK Michael Eitan (Likud). Media reports said Friedmann accepted Eitan's arguments in a cabinet meeting on Monday and ordered his staff to prepare the bill within two weeks, even if the matter might require additional legislation to amend Basic Laws.
The cancellation of the law in 2006 was one of the last verdicts passed by former High Court President Aharon Barak who called the law "unconstitutional."
In MK Eitan's proposal to renew the bill, Barak's comments were addressed: "Anyone who reads Barak's verdict understands that there was a failure of communication between what the legislator wrote and what the justice was reading."
The justice system does not see the renewed proposal as an act of defiance against the High Court. A source from within the court said on Tuesday: "If the Knesset wants to legislate we will not stand in its way, even if there is a High Court ruling. If they are unhappy – they are more than welcome to renew canceled laws, in keeping with the principles of the High Court verdict."
