In a precedent, which is the first, a Palestinian citizen filed for the damage done to his property due to settlers’ attacks.
This lawsuit came within the framework of responding to the Palestinian government’s decision at the end of last year 2019 to invite the victims of settler crimes to go to the Palestinian judiciary to seek justice.
It is worth noting that the compensation request is limited to acts committed from movables and damages to property in general without requesting compensation for the usurpation of Palestinian land, which should be discarded in the context of liberating the land voluntarily or by force, which is the original Palestinian national issue supported by international legitimacy resolutions, the last of which is the UN Security Council resolution issued at the end of The ruling of former US President Barack Obama, who carries the number 2334, declaring the illegality of settlements, including settlement in East Jerusalem.
According to legal experts, the case before the Palestinian judiciary is legally acceptable according to the rules of private international law, since the damage is inflicted on the Palestinian land and the perpetrator as a foreigner from this land is the perpetrator and bears the responsibility for compensation according to the Palestinian legal rules and comparison around the world.
It is noteworthy that the Palestinian government headed by Dr. Muhammad Shtayyeh has issued special decisions to prosecute settlers holding foreign nationalities to prosecute them for their crimes before the courts of those countries of whose nationality they hold, in addition to a decision to prosecute foreign companies operating in settlements, which is contrary to international law according to the database published by the Office of the High Commissioner for Human Rights, which are companies with well-known and documented addresses Activities that implicate it with criminal and civil liability for its actions in violation of the law, given that they are multinational companies.
In addition, Palestinian institutions and their partners from international human rights institutions have databases and solid evidence of settlers’ responsibility for their criminal acts and the responsibility of the political level in the occupation state as well, which would serve this legal approach at all local and international levels and before the International Criminal Court.
In a recent exhibition, the attorneys for the prosecution in the case registered today before the Nablus Court of First Instance said that this is an individual case that is not related to the collective right of the Palestinian people, and that the Code of Civil Procedure qualifies the Palestinian judiciary in terms of jurisdiction and that the possibility of reporting is available, including reporting by publishing in newspapers, and that the order of execution Judicial decisions against settlers are possible and will be announced later, as we are included in the framework of international law provisions and relevant agreements.
The Palestinian Minister of Justice, Dr. Muhammad al-Shalaldeh, the government’s support for the Palestinian citizen affected by settlers ‘crimes by the possibility of directing his Palestinian natural judge to seek redress from the damages incurred by settlers’ attacks, stressing that this is a consecration of the concept of state sovereignty over the occupied land, in addition to strengthening the concept of jurisdiction over the occupied Palestinian land.
He expressed that the government will provide aid with judicial representation and legal aid for those affected.
It is noteworthy that the Palestinian leadership had previously announced, through the President of the State of Palestine, the dissolution of agreements and understandings with the other side at the beginning of this year, against the background of the so-called annexation plan and the occupation measures that followed on the ground.