Israel Matzav

The end of the 'Palestinian Authority'?

An Israeli court ruled today that the families of Efrat and Yaron Unger HY"D, who were murdered in a terror attack in 1996, can collect a $116 million court judgment they received in the US in 2004 from assets of the 'Palestinian Authority' here in Israel. The Unger children have been raised by their grandparents for the last twelve years. Now, they may finally be compensated for the crime that was perpetrated against their parents. And the 'poor Palestinians' are crying that enforcing the US court judgment will lead to the financial ruin of the 'Palestinian Authority.'

In July 2004, a US court ruled that the Palestinian Authority was to pay some $116 million to the relatives of Yaron and Efrat Unger who were killed in a 1996 terror attack. But when the family asked authorities to enforce the court ruling in Israel, the Palestinian Authority objected, saying that paying the high compensations would lead to its financial collapse.

The Jerusalem District Court rejected the appeal made by the Palestinian Authority not to enforce the American ruling because the implementation would destroy it financially. The Palestinian Liberation Organization and the Palestinian Authority said that payment of such high sums would have public, political, financial and security implications for Israeli citizens. [Yeah, like maybe if they actually had to pay for the damages they inflict on us, they would stop the terror. Maybe that moron Arafat should have thought of that before he unleashed the terrorists. CiJ]

They claimed paying the high sum would empty the Palestinian Authority's coffers and would lead to more lawsuits against the Palestinian Authority.

The petition, filed in the US because the victims were American citizens, argued the Palestinian Authority was responsible for the attack carried out by Hamas because the terrorists were controlled by the Palestinian Authority and were assisted by the Palestinian security apparatuses.

Judge Farkash said that legally, the US court ruling qualified as a verdict that was enforceable in Israel. He added that the Palestinian claim that the ruling would lead to its financial collapse was not proven, and seemed unrealistic.

I'm licking my chops at the prospect of their 'financial ruin.' Heh.

The legal principle by which the American verdict is enforceable here is called comity.

The term refers to the idea that courts should not act in a way that demeans the jurisdiction, laws, or judicial decisions of another jurisdiction. Part of the presumption of comity is that other jurisdictions will reciprocate the courtesy shown to them. Many statutes relating to the enforcement of foreign judgments require that the judgments of a particular jurisdiction will be recognized and enforced by a forum only to the extent that the other jurisdiction would recognize and enforce the judgments rendered by that forum.

It's about time. Given the number of judgments against 'Palestinian' terror organizations that are waiting in the wings, maybe it will spell the financial ruin of the 'Palestinian Authority.' If so, good riddance.

UPDATE 11:53 PM

YNet adds:

“How can one accept the claim that a legal ruling should not be enforced because it might hurt the perpetrator financially? Should we not punish convicted persons for no other reason than that it might cause their bankruptcy?” Judge Farkash wrote.

According to the judge, the Ungar family, in their petition to the Jerusalem District Court, sufficiently established their case that conditions exist to enforce the American ruling in Israel. He noted, however, that the PA taxes temporarily being withheld by Israel would not be released, such that the implementation of the ruling might be delayed.

Let's hope the 'Supreme Court' doesn't overrule this on appeal. Stranger things have happened.

posted by Carl in Jerusalem @ 10:54 PM