Israeli Supreme Court Bars Palestinian Authority From Challenging Terror Victims' Disability Claims in Compensation Cases

The Israeli Supreme Court ruled on Monday that the Palestinian Authority cannot present evidence to dispute disability determinations made by the National Insurance Institute or courts in compensation claims by terror victims. This decision upholds the position of the State Attorney's Office and rejects appeals filed by the Palestinian Authority. The ruling concerns two appeals related to the Exemplary Compensation Law, which took effect in June 2024 and allows terror victims with permanent disabilities to receive fixed compensation from the Palestinian Authority.

One case involved a victim of hostile action who was recognized with a mental disability by the National Insurance Institute, while the other involved family members of a terror attack victim recognized as indirect victims in a civil claim against the perpetrators. In both instances, the Palestinian Authority sought to introduce evidence to challenge the disability findings, but lower courts denied these requests, a decision now affirmed by the Supreme Court.

The court, led by President Justice Isaac Amit and Justices Yael Wilner and Gila Kanfi-Steinitz, emphasized that the law clearly states that once a permanent disability is established, either by the National Insurance Institute or a court, the victim is entitled to exemplary compensation from the Palestinian Authority without re-examining the disability. The ruling describes this as a "negative and deliberate arrangement" designed to ensure compensation for terror victims while punishing and deterring the Palestinian Authority.

Additionally, the court clarified that the compensation amount is fixed and does not vary based on the degree of disability, only on the existence of a permanent disability. The judges noted that disability determinations follow comprehensive medical evaluations, either by the National Insurance Institute committees or expert assessments in legal proceedings. Justice Amit remarked that although the law is highly exceptional in the context of tort legislation, its language is clear and serves its purpose, integrating the Exemplary Compensation Law firmly into Israeli statutory law.