[...] after concluding that the Palestinian Authority is a legal personality, but not a state and therefore is not immune from civil actions; actions filed by terror victims against the Palestinian Authority are justiciable in domestic courts; the Israeli court is the appropriate forum for litigating this kind of actions; the Israeli law should be applied when treating the actions; and terror victims may rest their actions upon the domestic Civil Wrongs Ordinance when suing the Palestinian Authority for compensation; it is now clear that there is a solid legal basis for the terror victims to sue the Palestinian Authority in Israeli courts for damages caused by its involvement in terror acts during the second Intifada. [...] is no absolute certainty that the described path would be acceptable for the current legal situation in Israel Consequently, this article also provides a proposal for domestic legislation designed to regulate the matter of suing the Palestinian Authority in Israeli courts for damages caused by its involvement in terrorism.392 The question placed in the heart of this article is whether the Palestinian Authority can be sued in Israeli civilian courts for damages caused by its involvement in terror acts during the second Intifada.
The Law in the Service of Terror Victims: Can the Palestinian Authority Be Sued in Israeli Civilian Courts for Damages Caused by Its Involvement in Terror Acts During the Second Intifada? Captain Gal Asael∗ Reason can wrestle and overthrow terror. –Euripides1 I. Introduction A. The Importance of the Topic On the morning of 28 September 2000, Ariel Sharon, then leader of the Israeli opposition in the Knesset (the Israeli parliament), visited the Temple Mount in Jerusalem.2 “[T]he moment the plans for the visit had been made public . . . there was concern among Israeli security officials that the heavily media-covered visit might inflame some Palestinian nationalist sentiments . . . .”3 Eventually, Sharon’s visit was relatively quiet. “By the afternoon, despite sporadic flare-ups of further clashes between police and demonstrators, Israeli security officials concluded that the matter was behind them.”4 Unfortunately, that conclusion turned out to be totally wrong.5 “Within hours, the Voice of Palestine was broadcasting denunciations.”6 Sharon was blamed for degrading the Muslim holy places.7 “Yasser Arafat, the Palestinian Authority chairman, called upon the entire Arab and Islamic world to ‘move immediately to stop
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