The right to a remedy and reparation

The Universal Declaration of Human Rights grounds the right to an effective remedy by the competent national authorities for violations of fundamental rights granted by the constitution or by law (Article 8), as well as the prohibition on discrimination (Article 7). Equal and effective access to justice that offers adequate and prompt reparation for harms suffered as well as access to relevant information concerning violations and reparation mechanisms are key.

As a matter of treaty law, Israel is party to most of the core international human rights treaties and is bound by their provisions on the right to a remedy and reparation, including Article 2 of the International Covenant on Civil and Political Rights (ICCPR), and Article 6 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). Israel is also bound by international humanitarian law, including the four Geneva Conventions of 1949. The UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of Human Rights and Serious Violations of International Humanitarian Law codify standards for the implementation of obligations under the right to a remedy and reparation, including equal and effective access to justice.

The data on civilian harm claims before the Israeli courts reveal that Israel falls short of its obligations in this context. That said, Israel is not alone in this shortfall. Australia, Canada, the United Kingdom and the United States all extend some form of an immunity from tort liability to the State for losses it inflicts during combat. The scope of these immunities vary, but they all hinder civilians’ ability to claim remedies as a matter of right.