Israeli court allows Palestinians to claim damages

JERUSALEM, Dec 12 (Reuters) Israel's High Court cleared the way today for Palestinian civilians to sue Israeli forces for damage inflicted in the occupied West Bank and the Gaza Strip.

The panel of nine judges voted unanimously to revoke an amendment passed by Israel's parliament last year that barred any claims since the start of a Palestinian uprising in 2000, on the grounds that the territories were a conflict zone.

In the ruling by Israel's highest court, Chief Justice Aharon Barak wrote that Israel's continuous military presence in the territories ''left many harmed who were not involved in any hostile activity''.

The ruling was welcomed by local human rights groups that had petitioned the court.

''This is a bold and historic decision,'' said Osama al-Saadi, one of the petitioners. ''The previous racist law gave the occupation army immunity. Now any Palestinian who was attacked or wounded by the army can sue the army.'' An Israeli army spokeswoman refused to comment directly on the ruling but said the military investigated all allegations of violence against Palestinian civilians thoroughly.

''The accused soldier is brought to trial if there are enough allegations against him,'' she said. ''All soldiers are trained to ensure they respect the Palestinian population in compliance with the law.'' Michael Eitan of the opposition Likud party said in a statement that the decision ''threatens to destroy the fabric of Israeli democracy and the ability of the security services to operate efficiently''.

Human rights groups accuse the army of frequent abuses in the battle against Palestinian militants and of not taking enough care to avoid killing bystanders.

The army says it tries to avoid civilian deaths and punishes any soldier found to have acted wrongly.

Israel Radio said more than 500 claims for damages had been brought to Israeli courts by Palestinians. A spokeswoman for the courts said she could not confirm that number.

The High Court ruling does not permit claims for any damage inflicted on militant groups.

Israel captured the West Bank and Gaza Strip in the 1967 war.

Palestinians seek both territories for a state. The army left Gaza last year, but began a five-month offensive in June after militants crossed the border to capture a soldier.

Israeli right wingers condemned the High Court ruling.

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