8 july 2019
Unprecedented ruling handed down in light of Palestinian Authority support for families of suicide bombers and terrorists jailed in Israel; joint petition by victims and their relatives focuses on 17 terror attacks at start of millennium in which 34 Israelis were killed; petitioners seeking total compensation of some NIS 1 billion
Jerusalem District Court ruled Monday that the Palestinian Authority must pay compensation for 17 attacks carried out by terrorist organizations such as the PLO, Hamas and Islamic Jihad at the start of the millennium, in which 34 Israelis were killed and seven others were wounded.
The attacks cited in the ruling include the October 2000 lynching of two IDF soldiers in Ramallah; the December 2001 suicide bombing on Ben Yehuda Street in Jerusalem; and the March 2002 attack at the Gavish family home in Elon Moreh.
The ruling applies to 17 petitions presented by the Shurat HaDin (Israel Law Center) organization on behalf of the victims of the attacks and/or their families.
The total compensation demanded in all of the claims together stands at around about NIS 1 billion (approx. $280 million).
Monday's ruling states that the Palestinian Authority is responsible for the attacks and that the victims can seek compensation, but the exact amount will be determined at a later date.
This is an unprecedented decision, as Israeli courts have until now only deemed the Palestinian Authority responsible for attacks carried out by its employees.
The hearings in some of the claims have been going on for about 20 years, and all of the claims were finally consolidated into one case.
The court has now found the PA responsible for terror attacks carried out by terrorist organizations due on the grounds that it provided financial aid and weapons to carry out the attacks and because of ideological and financial support for the families of suicide bombers and Palestinian prisoners jailed in Israel.
In his ruling Monday, Justice Moshe Drori, the vice president of the Jerusalem District Court, wrote: "The PLO, the PA, (Yasser) Arafat, Abu Mazen (Mahmoud Abbas) and other senior figures such as Marwan Barghouti all aimed to kill Jews and Israelis and harm the State of Israel."
Jerusalem District Court ruled Monday that the Palestinian Authority must pay compensation for 17 attacks carried out by terrorist organizations such as the PLO, Hamas and Islamic Jihad at the start of the millennium, in which 34 Israelis were killed and seven others were wounded.
The attacks cited in the ruling include the October 2000 lynching of two IDF soldiers in Ramallah; the December 2001 suicide bombing on Ben Yehuda Street in Jerusalem; and the March 2002 attack at the Gavish family home in Elon Moreh.
The ruling applies to 17 petitions presented by the Shurat HaDin (Israel Law Center) organization on behalf of the victims of the attacks and/or their families.
The total compensation demanded in all of the claims together stands at around about NIS 1 billion (approx. $280 million).
Monday's ruling states that the Palestinian Authority is responsible for the attacks and that the victims can seek compensation, but the exact amount will be determined at a later date.
This is an unprecedented decision, as Israeli courts have until now only deemed the Palestinian Authority responsible for attacks carried out by its employees.
The hearings in some of the claims have been going on for about 20 years, and all of the claims were finally consolidated into one case.
The court has now found the PA responsible for terror attacks carried out by terrorist organizations due on the grounds that it provided financial aid and weapons to carry out the attacks and because of ideological and financial support for the families of suicide bombers and Palestinian prisoners jailed in Israel.
In his ruling Monday, Justice Moshe Drori, the vice president of the Jerusalem District Court, wrote: "The PLO, the PA, (Yasser) Arafat, Abu Mazen (Mahmoud Abbas) and other senior figures such as Marwan Barghouti all aimed to kill Jews and Israelis and harm the State of Israel."
1 feb 2019
The United States Agency for International Development (USAID) has ended all assistance to Palestinians in the occupied West Bank and besieged Gaza Strip, a US official confirmed on Friday.
According to Reuters news outlet, the decision was linked to a January 31st deadline set by new US legislation under which foreign aid recipients would be more exposed to anti-terrorism lawsuits.
The deadline also sees the end of some $60 million in U.S. aid for the Palestinian security forces, whose cooperation with Israeli forces helps maintain relative quiet in the West Bank.
The Anti-Terrorism Clarification Act (ATCA), which was passed by the US Congress in 2018, empowers Americans to sue foreign aid recipients in US courts over alleged complicity in “acts of war,” however, the Palestinians have declined further US funding, worried about legal jeopardy.
A US official “At the request of the Palestinian Authority, we have wound down certain projects and programs funded with assistance under the authorities specified in ATCA in the West Bank and Gaza.”
The official confirmed that “all USAID assistance in the West Bank and Gaza has ceased.”
The official said no steps were being taken to close the USAID mission in the Palestinian territories and no decision had been made about future staffing at the USAID mission in the US Embassy in Jerusalem.
According to Reuters news outlet, the decision was linked to a January 31st deadline set by new US legislation under which foreign aid recipients would be more exposed to anti-terrorism lawsuits.
The deadline also sees the end of some $60 million in U.S. aid for the Palestinian security forces, whose cooperation with Israeli forces helps maintain relative quiet in the West Bank.
The Anti-Terrorism Clarification Act (ATCA), which was passed by the US Congress in 2018, empowers Americans to sue foreign aid recipients in US courts over alleged complicity in “acts of war,” however, the Palestinians have declined further US funding, worried about legal jeopardy.
A US official “At the request of the Palestinian Authority, we have wound down certain projects and programs funded with assistance under the authorities specified in ATCA in the West Bank and Gaza.”
The official confirmed that “all USAID assistance in the West Bank and Gaza has ceased.”
The official said no steps were being taken to close the USAID mission in the Palestinian territories and no decision had been made about future staffing at the USAID mission in the US Embassy in Jerusalem.
Secretary General of the Palestinian Liberation Organization (PLO) Executive Committee, Saeb Erekat, said that US aid to the Palestinian security services will come to an end as of Friday, February 1st 2019, at the request of the Palestinian leadership.
In a joint press conference, on Thursday, with Palestinian Deputy Prime Minister Nabil Abu Rudeineh, Erekat said that Prime Minister Rami Hamdallah has sent a letter to the US State Department asking them to end the US aid as of January 31st to avoid any lawsuits against the Palestinian leadership under the Anti-Terrorist Act passed last year by the US Congress.
The Act will enter into force on February 1st 2019.
Erekat said, “We do not want to receive any money if it will cause us to appear before the courts,” adding that the new US law states that any government that receives funding will be subject to US counterterrorism laws.
He added that “the US administration has cut $844 million to the Palestinian people and institutions, leading to the suspension of road projects, schools, sewage and water projects. These projects have not been completed in the West Bank and the Gaza Strip.”
He stressed that the cessation of US aid to the security services will not affect the work of these devices during the year 2019.
Erekat emphasized, “We are not in need of this [US] assistance. We simply say, Jerusalem is not for sale.”
In a joint press conference, on Thursday, with Palestinian Deputy Prime Minister Nabil Abu Rudeineh, Erekat said that Prime Minister Rami Hamdallah has sent a letter to the US State Department asking them to end the US aid as of January 31st to avoid any lawsuits against the Palestinian leadership under the Anti-Terrorist Act passed last year by the US Congress.
The Act will enter into force on February 1st 2019.
Erekat said, “We do not want to receive any money if it will cause us to appear before the courts,” adding that the new US law states that any government that receives funding will be subject to US counterterrorism laws.
He added that “the US administration has cut $844 million to the Palestinian people and institutions, leading to the suspension of road projects, schools, sewage and water projects. These projects have not been completed in the West Bank and the Gaza Strip.”
He stressed that the cessation of US aid to the security services will not affect the work of these devices during the year 2019.
Erekat emphasized, “We are not in need of this [US] assistance. We simply say, Jerusalem is not for sale.”
22 jan 2019
The Jerusalem District Court issued, on Tuesday, a temporary lien for a plot of land in occupied East Jerusalem belonging to the estate of the late Palestinian leader, Yasser Arafat.
Hebrew-language news outlets reported that the court issued the order at the request of eight families, who identify themselves as “victims of terrorism,” and who filed a civil damages lawsuit against the Palestinian Authority (PA) and Arafat’s estate.
The plaintiffs claimed that if they win the lawsuit, it would be difficult to collect the compensation from the estate and requested to place a temporary lien on the property, in order to fully collect their damages.
A lien is a claim against an asset that allows a person to keep the property of a person who owes them money until it has been paid.
The land measures 2.7 dunams (0.675 acres), most of which is located inside the cemetery on the Mount of Olives, which Arafat inherited.
Arafat's estate makes up 135-square-meters, about 0.5%, of the plot of land in question. However, the judge ruled that legally it was possible to put a temporary freeze on the entire plot.
Yossi Arnon, the lawyer representing the PA in the case, said he intends on taking action to reverse the ruling.
It is noteworthy that about 120 lawsuits are underway against the PA in Israeli courts based on claims that the PA is directly responsible for damages arising from “terrorist attacks.”
Hebrew-language news outlets reported that the court issued the order at the request of eight families, who identify themselves as “victims of terrorism,” and who filed a civil damages lawsuit against the Palestinian Authority (PA) and Arafat’s estate.
The plaintiffs claimed that if they win the lawsuit, it would be difficult to collect the compensation from the estate and requested to place a temporary lien on the property, in order to fully collect their damages.
A lien is a claim against an asset that allows a person to keep the property of a person who owes them money until it has been paid.
The land measures 2.7 dunams (0.675 acres), most of which is located inside the cemetery on the Mount of Olives, which Arafat inherited.
Arafat's estate makes up 135-square-meters, about 0.5%, of the plot of land in question. However, the judge ruled that legally it was possible to put a temporary freeze on the entire plot.
Yossi Arnon, the lawyer representing the PA in the case, said he intends on taking action to reverse the ruling.
It is noteworthy that about 120 lawsuits are underway against the PA in Israeli courts based on claims that the PA is directly responsible for damages arising from “terrorist attacks.”
25 aug 2015
Victims' families express disappointment over small sum demanded from PLO during appeals process, after State Department intervenes on Palestinians' behalf.
A US judge ordered the Palestinian Authority and Palestine Liberation Organization on Monday to post $10 million in cash or bond while they appeal a jury's finding that they supported terrorist attacks in Israel.
At a court hearing in Manhattan, US District Judge George Daniels in Manhattan said the defendants must also deposit $1 million each month pending the appeal of a February jury verdict worth $655 million in favor of 10 American families.
The order came after the Obama administration took the unusual step of urging Daniels to "carefully consider" the Palestinian Authority's financial condition, saying too high a bond could compromise its ability to function.
A collapse of the Palestinian Authority "would undermine several decades of US foreign policy and add a new destabilizing factor to the region," US Deputy Secretary of State Antony Blinken said in a court filing earlier this month. Daniels said that in fashioning his order he had given "serious consideration" to the State Department's position, despite objections from the plaintiffs that the amount was far too low.
A federal jury in February found the PLO and the Palestinian Authority liable for six shootings and bombings in Israel between 2002 and 2004, which have been attributed to Hamas and the al-Aqsa Martyrs Brigades. The attacks killed 33 people, including several Americans, and injured more than 450. The lawsuit, filed in 2004 by US victims and their family members, was brought under a federal statute that automatically tripled the jury's verdict of $218.5 million to $655.5 million in damages.
One of the families’ lawyers and head of the Shurat HaDin Law Center, Nitsana Darshan-Leitner, said in response to the bond, “This is a very serious blow to the terror victims who spent 11 years litigating, while the court is making light of the juror's decision.”
A lawyer for the defendants, Mitchell Berger, said the Palestinian Authority was willing to make a $10 million upfront cash deposit and subsequent monthly payments of $1 million but warned that even those funds would severely hamper its efforts to rebuild schools and provide for needy families.
Kent Yalowitz, a lawyer for the plaintiffs, said the money was a "token amount" and criticized the Palestinian Authority, saying it made payments to terrorists in jail. "Instead of focusing on rebuilding schools, maybe it ought to focus on taking terrorists off its payroll," he said. Berger countered that the prisoners in question are administrative detainees, not convicted terrorists, and the payments constitute "cigarette money."
Daniels said the full judgment would remain on hold while the appeal is ongoing, unless the defendants fail to make the monthly deposits. He also denied a request from the plaintiffs to add $165 million in pre-judgment interest.
A US judge ordered the Palestinian Authority and Palestine Liberation Organization on Monday to post $10 million in cash or bond while they appeal a jury's finding that they supported terrorist attacks in Israel.
At a court hearing in Manhattan, US District Judge George Daniels in Manhattan said the defendants must also deposit $1 million each month pending the appeal of a February jury verdict worth $655 million in favor of 10 American families.
The order came after the Obama administration took the unusual step of urging Daniels to "carefully consider" the Palestinian Authority's financial condition, saying too high a bond could compromise its ability to function.
A collapse of the Palestinian Authority "would undermine several decades of US foreign policy and add a new destabilizing factor to the region," US Deputy Secretary of State Antony Blinken said in a court filing earlier this month. Daniels said that in fashioning his order he had given "serious consideration" to the State Department's position, despite objections from the plaintiffs that the amount was far too low.
A federal jury in February found the PLO and the Palestinian Authority liable for six shootings and bombings in Israel between 2002 and 2004, which have been attributed to Hamas and the al-Aqsa Martyrs Brigades. The attacks killed 33 people, including several Americans, and injured more than 450. The lawsuit, filed in 2004 by US victims and their family members, was brought under a federal statute that automatically tripled the jury's verdict of $218.5 million to $655.5 million in damages.
One of the families’ lawyers and head of the Shurat HaDin Law Center, Nitsana Darshan-Leitner, said in response to the bond, “This is a very serious blow to the terror victims who spent 11 years litigating, while the court is making light of the juror's decision.”
A lawyer for the defendants, Mitchell Berger, said the Palestinian Authority was willing to make a $10 million upfront cash deposit and subsequent monthly payments of $1 million but warned that even those funds would severely hamper its efforts to rebuild schools and provide for needy families.
Kent Yalowitz, a lawyer for the plaintiffs, said the money was a "token amount" and criticized the Palestinian Authority, saying it made payments to terrorists in jail. "Instead of focusing on rebuilding schools, maybe it ought to focus on taking terrorists off its payroll," he said. Berger countered that the prisoners in question are administrative detainees, not convicted terrorists, and the payments constitute "cigarette money."
Daniels said the full judgment would remain on hold while the appeal is ongoing, unless the defendants fail to make the monthly deposits. He also denied a request from the plaintiffs to add $165 million in pre-judgment interest.
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