Legal Questions Arise Over Compensation for Victims of Unexploded Ordnance Incident

A tragic incident occurred at Mount Ramim on Monday, where a 14-year-old boy, Elazar Yair, was killed and over 20 others were injured by the explosion of unexploded ordnance. The IDF estimates the explosive was a cluster munition remnant from Hezbollah. The event has raised significant legal questions regarding compensation for the victims and their families.

According to legal expert Assaf Warshe, the incident is likely to be recognized as an act of hostility, making victims eligible for compensation from the National Insurance Institute. This recognition is probable because the ordnance is believed to be of enemy origin, and the law considers the weapon's intended purpose, not how it was used. Even if the ordnance was found in a student's bag, this would not affect their eligibility for compensation, as the relevant legal exclusion applies only to adults aged 18 and over committing a crime.

Victims will need to file a specific claim with the National Insurance Institute, which will then convene a medical committee to determine disability percentages. Compensation ranges from a one-time grant for 10-19% disability to a monthly pension of approximately NIS 5,800 for 100% disability. The Ministry of Defense's approving authority will make the final determination on recognition.

Legal responsibility may also fall on the Ministry of Education and the school. Plaintiffs could argue negligence regarding supervision, citing that students were not warned about handling suspicious objects, despite regulations requiring such warnings. Evidence suggests the students possessed the explosive for over an hour. The trip itself is also under scrutiny, with potential claims that the route was not approved or that IDF clearance for the area was not obtained. The presence of a sign warning of unexploded ordnance in the vicinity could support the plaintiffs' case, while the defendants may rely on the approval from the situation room.

Standard student accident insurance policies typically exclude injuries from acts of hostility or military activity, meaning they likely won't cover this incident. However, victims can apply to the Tax Authority's compensation fund for damage to personal equipment, which may cover war-related damage. Claims for damaged or lost personal items, such as glasses, can also be submitted separately to the National Insurance Institute.