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In
Light of the Israeli Draft Law on Denying Compensation to Palestinians:
Accountability of the Israeli Occupier for Violations of Palestinian
Rights. by Adv. Mustafa Mar'i and Munir Pujara, al-Haq 1998, English, 55 pages, $3.00. Summary Table of Contents |
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SUMMARY From the 36th Issue/September 1998 al-Haq Newsletter. |
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| The study aims at discussing the implications the proposed law would have on the responsibility of Israel for violations of human rights and humanitarian law committed by members of its security forces in the territories it occupies. It also aims at explaining the grave consequences of the draft law, if adopted as it is, on Palestinian rights. The study examines the responsibility of the occupying power for violations of the rights of the inhabitants of the territory it occupies. It identifies problem areas in the proposed legislation that contravenes international law relevant to the responsibility of occupants vis-à-vis the population of occupied territory. The study concludes with recommendations as to how this law should be fought. | ||
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| TABLE OF CONTENTS | ||
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I. Introduction II. International law on the responsibility of the occupier |
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II.1. Right of compensation
under human rights law II.2. Right of compensation under humanitarian law II.3. Compensation for what? |
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| III. The proposed Israeli legislation | ||
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III.1. History of
the proposed legislation III.2. Basic problem areas in the proposed legislation |
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III.2.a. Discriminatory
nature of the draft law III.2.b. Redefining "Combatant Activity" III.2.c. Compensation only if IDF personnel convicted criminally III.2.d. Burden of proof III.2.e. Evidence III.2.f. Denial of recovery to victims who were previously convicted III.2.g. Statute of limitations III.2.h. Requirement of notice III.2.i. Amount of compensation III.2.j. Permanent disability III.2.k. Legal assistance from the Palestinian Authority |
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| IV. Final Conclusions and Recommendations | ||
| V. Update on Status of the Draft Law | ||
| * Appendices | ||
| * Bibliography | ||
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