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Nation-state law invoked in judge’s decision to award Israeli damages

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Published: 28 September 2018

Last updated: 4 March 2024

A Jerusalem District Court ruled that Hamas must pay A$2 million to a Jewish man injured in a terror attack in 1998

In unprecedented move, judge bases verdict on controversial nation-state law (Haaretz)
In the first verdict based on the controversial nation-state law, the Jerusalem District Court ruled Monday that a Jew injured in a terror attack is entitled to punitive damages from his assailants.

Judge Moshe Drori ruled that Hamas must pay 5.4 million shekels (A$2million) to David Mashiah and his family. Mashiah was injured along with 15 other people when a bomb exploded in a garbage can on Allenby Street in Tel Aviv in 1998.

Drori, who has a history of controversial decisions and remarks in court against Palestinians and other minorities and is expected to retire in about a year, based his ruling on a clause in the new law – which is a Basic Law, carrying constitutional weight – that the state will strive to ensure the safety of the Jewish people.

In first, Israel judge bases verdict on new Jewish nation state law (Middle-East Monitor)
In the first ruling of its kind, an Israeli judge has issued a verdict based on the recently-passed Jewish nation-state law, reported Haaretz.

At Jerusalem District Court on Monday, Judge Moshe Drori ruled that Hamas must pay 5.4 million shekels ($1.5 million) to an Israeli injured in a 1998 bombing in Tel Aviv.

In his decision, Drori cited clause 6(a) of the Jewish nation-state law, which states: “The state will strive to ensure the safety of the members of the Jewish people in trouble or in captivity due to the fact of their Jewishness or their citizenship.”

READ MORE
Judge acquits Jewish stonethrower (Israel National News)
In March 2017 Judge Moshe Drori ruled against convicting youth who threw stones and Molotov cocktail after kidnapping of three Jewish youths

Photo: Judge Moshe Drori (Israel National News)
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