Court Rules Palestinian Authority Liable for Terrorist Murders

In precedent-setting case surrounding murder of three Israelis, Jerusalem court rejects PA’s ‘statehood’ claim as grounds for ‘immunity’

By Shlomo Pitrikovsky and Cynthia Blank, INN

Fatah terroristsFatah’s Al-Aqsa Martyrs Brigades terrorists

In a precedent-setting ruling, Vice President of the Jerusalem District Court, Judge Moshe Drori, ruled that the Palestinian Authority is civilly liable for the murder of three Israelis.

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The suit was filed by the estates and relatives of the victims Yaniv Ben-Shalom, his wife, Sharon Ben-Shalom, and her brother Doron Yosef Sawari, who were killed in a shooting in August 2001 during the Second Intifada.

The couple’s two daughters, who were toddlers at the time of incident, were also in the vehicle and injured. These orphans were adopted by their aunt on their father’s side, and her husband.

The plaintiffs claimed that it was the Palestinian Authority (PA) who gave the weapons to the terrorists who carried out the attack, and therefore is vicariously responsible for its implementation. Indeed, the “armed wing” of the PA’s ruling Fatah party, the Al Aqsa Martyrs’ Brigade, was responsible for scores of deadly terrorist attacks during the Second Intifada.

The PA’s response: it is entitled to immunity from tort claims, by virtue of being a “state”.

Judge Drori stated in his decision that the PA was liable for the attack, and could not enjoy the protection afforded to a state in this context.

“Pursuant to the Foreign Minister’s papers filed in the case, the PA is not entitled to immunity. It is clear that there is not a state, nor a political entity. There is no need to replace the discretion of the judgment of the court, because it does not address a matter of administrative discretion or the executive branch,” said Judge Drori.

“The only matter was to check whether there were tortious wrongs, such as that the plaintiffs were injured. I did this and I concluded it was so. Hence, I reject the PA claims regarding the state act,” Drori ruled.

Judge Drori added: “It is infuriating to read the PA claim that providing money or weapons to perpetrators of terrorist attacks is part of its actions as a ‘state.’ Such claims should be rejected with both hands”.

Following this ruling, both sides will now present their arguments about the size of damages. After that is completed, a final judgment will be given in the case.

The PA has been actively lobbying for years to gain symbolic recognition as a “state”. Most recently, a diplomatic row erupted overnight between Israel and Sweden after the Swedish government became the latest country to recognize the PA as such.

October 5, 2014 | 7 Comments »

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7 Comments / 7 Comments

  1. @ bernard ross:

    The Pope has now signed on to the anti semitic propaganda used by the euro appeasers as a means of feeding the Jews to the head choppers to save themselves.

    Well, I would say F,,,k the pope, but I won’t, since this chief honcho of the pedophile union , might enjoy it!

  2. @ bernard ross:

    Hundreds of enemy muslims but no Israeli Jews…spot the error?

    Gee, mr Ross, you are asking such tough questions…
    I dunno… What do Jews have to do with the Temple Mount?
    I thought it was always Muslim, since it has that nice building with the golden roof…
    🙁

  3. Pope: Continuation of Israeli-Palestinian conflict could harm region’s Christians
    http://www.jpost.com/Christian-News/Vatican-promotes-military-force-in-to-protect-Christians-from-Islamic-Extremism-378061

    The Pope has now signed on to the anti semitic propaganda used by the euro appeasers as a means of feeding the Jews to the head choppers to save themselves. He has now descended into the pit of lies and libels against the jews in order to sacrifice them to the muslims for the interest of Christians. He has tossed a lie, a libel, a filthy canard in willingness to damage the Jews. He utters this lie at a time when the libel has been utterly debunked through the recent arab springs which makes his filthy lie even more despicable.

    However, like the other BDS Christian supersessionist churches I predict this will backfire into his face. The BDS churches who have funded arab jew killing orgs have now found those orgs chopping christian heads in Iraq, Syria and UK. Each BDS lie is an attempted murder of a Jew and now those lies are returning to their makers in a form of ironic justice. The Jew hating libelers are falling into chaos and suffering as a result of their attempted murder of the Jewish people. “Il Papa” has cast his lot with evil by intentionally propagating this falsity.

  4. Judge Drori added: “It is infuriating to read the PA claim that providing money or weapons to perpetrators of terrorist attacks is part of its actions as a ‘state.’ Such claims should be rejected with both hands”.

    PA demonstrates that upon acquiring status of a state it believes itself to be able to perpetrate terror with immunity.

    a diplomatic row erupted overnight between Israel and Sweden after the Swedish government became the latest country to recognize the PA as such.

    I have 2 replies to sweden:
    1- I am considering donating to “Jihad against Sweden” org in order to help them refocus their attention away from trying to feed the Jews to the head choppers as an act of appeasement. I prefer that the Swedes and europeans are instead fed to the honor killers in the hope that the throat slitters will eat them first instead of the Jews(a bigger and longer meal). Reversing the paradigm of appeasement? Appeasement is alright if it is the Euros being sacrificed rather than the Jews.
    2-following is my second reply to the swedes and euros

    Officer Who Was Deposed for Hitting Leftist Served in Gaza…Lt. Col. Shalom Eisner, whose career was cut short after he struck a Danish anarchist, volunteered in a tank.
    http://www.israelnationalnews.com/News/News.aspx/185838#.VDFW2vldWSo

    My favorite Israeli. I would like to see a million Eisnors rifle butting a million euros.(I love the picture)

  5. The suit was filed by the estates and relatives of the victims […]who were killed in a shooting in August 2001 during the Second Intifada.

    Folks!
    We are in 2014 !!!!
    What is WRONG with this so called “justice system” in Israel????
    (Rhetorical question. No need to reply. The answer is E.V.E.R.Y.T.H.I.N.G. !!!)
    I just cringe when I read about all these pompous asses in their ridiculous black robes rendering judgement…..
    Whiskey. Tango. Foxtrot!!!!!!!
    Really!
    There is a need to deliberate?
    Do we STILL need to figure out what the problem is???
    Actually there are TWO.
    ONE: all musloids in greater Israel MUST GO!!!
    TWO: all the beautiful, sensitive, liberal, “Jews” that sympathize with them….
    They MUST JOIN!!!! (The shposes)