Flydubai Passengers May Qualify as Victims of Hostile Acts After Attack

Passengers aboard a Flydubai flight from Dubai to Tel Aviv, which was diverted to Saudi Arabia after the co-pilot allegedly attacked the captain, may be eligible for various rights and compensation, particularly if the incident is classified as an act of terror. Experts in aviation and tort law suggest that if an investigation confirms the attack was politically motivated, the passengers could be recognized as victims of hostile acts under Israeli law.

According to Adv. Anat Ginzburg, head of a tort law firm, Israeli law defines a hostile act as violence primarily intended to harm individuals due to their national or ethnic origin, stemming from the Israeli-Arab conflict. Residents of Israel or Israeli citizens injured abroad can be considered victims. A 2017 amendment to the law retroactively recognized injuries sustained abroad as hostile acts if the intent was to harm Israel or the Jewish people, leading to recognition for victims of attacks in Mali, Berlin, and Istanbul.

To be recognized as a victim of hostile acts, individuals must have been physically present at the event and prove a causal link between the act and their injury. They must file a claim with the National Insurance Institute within one year, providing flight details and medical documents. The Ministry of Defense will then determine if the incident meets the legal definition of a hostile act. Recognition can be granted for both physical and psychological injuries, including post-traumatic stress disorder (PTSD).

Victims of hostile acts are entitled to rights similar to those of IDF disabled veterans. They will undergo medical committees to determine their disability level, potentially receiving a one-time grant for 10-19% disability or a monthly pension and additional benefits for 20% or more. They may also receive monthly allowances and psychological treatment until their case is finalized.

In terms of compensation under international aviation law, Adv. Ariel Froilich, specializing in tort and medical malpractice claims, stated that passengers injured on international flights are covered by the Montreal Convention of 1999. Article 17 allows for claims for death or bodily injury caused by an "accident" during flight, with compensation capped at $213,000. Adv. Asher Rotbaum, an aviation law expert, added that even passengers who appear unharmed can develop psychological issues like PTSD, anxiety, and sleep disturbances. Israeli precedents, such as the compensation for psychological damage following the 1976 Air France hijacking, support claims for such trauma, which can lead to significant compensation if medically proven and impacting a person's functioning.