The Jerusalem District Court has ordered the Hamas terrorist organization to pay nearly 1 billion shekels in compensation to hundreds of victims of the October 7 massacre. The ruling was issued in a default judgment after Hamas failed to file a statement of defense.
The decision was handed down by Judge Eran Shila at the request of hundreds of plaintiffs, who are heirs of those killed in the terror attack as well as victims who, through attorney David Simana, sought a judgment against Hamas after it did not respond to the lawsuit filed against it.
The lawsuits were filed by attorney Simana on behalf of hundreds of families under the Terror Victims Compensation Law (punitive damages), which came into force in 2024. Alongside the claims against Hamas, whose judgment is expected to be difficult to enforce, legal proceedings are also continuing against the Palestinian Authority, which did file a defense. The ruling and compensation therefore do not relate to the case against the Palestinian Authority, which is still pending.
In the lawsuits, the plaintiffs argued that they are victims of the October 7, 2023 terror attack, as well as heirs or dependents of those killed in the attack. Some of the plaintiffs are family members of victims of the massacre, while most are people injured in the attack. Most live in kibbutzim and communities in the Gaza border area and nearby. The statement of claim further asserted that all plaintiffs suffered psychological and or physical harm as a result of the October 7 terror attack.
The Terror Victims Compensation Law, on which the current plaintiffs based their claims, establishes eligibility for punitive damages in tort actions filed against the perpetrator of a terror act, those who reward terrorism, or anyone found liable for a terror act. The law provides that if a terror act caused a person’s death, the heirs are entitled to punitive damages of 10 million shekels. If a person was injured in a terror act and sustained permanent disability, the victim is entitled to punitive damages of 5 million shekels.
'Paradise turned into hell in seconds'
One of the plaintiffs who survived the October 7 massacre said: “On October 7 we were at Zikim Beach. We arrived the day before to fish. We saw them with our own eyes. I tried to help others. Since that day I have been traumatized. Saying post-trauma minimizes the reality. I am not post. Illnesses erupted in me because of the event. The decision is very important for our rehabilitation. I want to thank the court and the law office that accompanied and continue to accompany us and are doing sacred work. It is time that the victims receive what we deserve. Hopefully we will get a new horizon. I sincerely hope we receive the money for our rehabilitation now and not in 20 years. The state must step in and ensure this.”
The mother of one of the victims who was murdered on his way home from the Nova music festival to his home in the Gaza border area along with his friends said: “I am in total shock from the ruling. I did not expect it. It is unprecedented. The judge sees the families and the victims. For me, this ruling is about being seen, when in our country responsibility was not taken and a state commission of inquiry was not established. It was important for us to be recognized. We raised our children here, and our son did not move to Tel Aviv but grew up here. My son knew this area as paradise. We never imagined October 7, or that our paradise would turn into hell in seconds. My son and his friends who were murdered trusted this area so much. What is happening now is closure.”
Attorney David SimanaIn one of the cases, some of the plaintiffs are represented by attorney Maayan Yohai of the Yohai Atzofi law firm.
Attorney David Simana, who represents hundreds of the plaintiffs, said in response: “I welcome the court’s decision, which gives justice to the victims and their families. We are aware of the difficulties in collecting the compensation awarded from Hamas, but we will examine all options available to us. It is important to emphasize that this is only a partial ruling."
"I hope that in the proceedings against the Palestinian Authority, after more than 5 billion shekels have already been seized for the benefit of about 2,000 of our clients, the court will accept our arguments, recognize the Palestinian Authority’s responsibility for the events of October 7, and order it to compensate the victims," he added. "My team and I will continue to act on behalf of our clients and stand up for their rights in all the lawsuits being conducted in their name, in Israel and in the United States.”