[QODLink]
Middle East
Gaza doctor takes Israel to court
Father of three daughters killed by Israeli forces files case after failing to reach compensation deal.
Last Modified: 26 Dec 2010 10:27 GMT

   
Nisreen el Shamayleh reports on Abu al-Aish suing Israel over his daughters' deaths.

A Palestinian doctor is filing a lawsuit against Israel for the death of his three daughters, just a day before the second anniversary of Israel's war on Gaza.

Dr Ezzeldeen Abu al-Aish's daughters were killed during the military assault when Israeli forces fired on his home.

People heard the incident unfold as Abu al-Aish was doing a live television interview with an Israeli TV channel.

The Israeli military admitted shelling the home but said its soldiers' actions were "reasonable" considering the circumstances.

Abu al-Aish, a 55-year-old gynaecologist trained in Israeli hospitals, was giving Israel's Channel 10 his daily phone account from inside the war zone in Gaza when three of his daughters were killed in the attack.

Israeli findings

The military had said that an inquiry into the January 16 incident found that troops directed two shells at the doctor's home after fighters fired from the area.

The report said soldiers came under fire from a building close to Abu al-Aish's, and then "suspicious figures were identified in the upper level of Dr Abu al-Aish's house and were thought to be spotters who directed the Hamas sniper and mortar fire".

Abu al-Aish had instructed his lawyer to avoid a lawsuit and reach a settlement with the Israeli army, which would include recognition and compensation.

But no settlement was reached.

Ahaz Ben-Ari, the Israeli army's legal adviser, said that Abu al-Aish did not deserve compensation.
 
"Despite the severe outcome, from a legal standpoint our stance is that the operation during which Dr Abu al-Aish's family members were hurt was an operation of war," Ben-Ari said.

"Therefore, the State of Israel does not carry the responsibility for the damage it caused."

Source:
Al Jazeera and agencies
Topics in this article
Country
Organisation
Featured on Al Jazeera
Swathes of the British electorate continue to show discontent with all things European, including immigration.
Astronomers have captured images of primordial galaxies that helped light up the cosmos after the Big Bang.
Critics assail British photographer's portrayal of indigenous people, but he says he's highlighting their plight.
As Western stars re-release 1980s charity hit, many Africans say it's a demeaning relic that can do more harm than good.
Featured
No one convicted after 58 people gunned down in cold blood in 2009 in the country's worst political mass killing.
While hosting the World Internet Conference, China tries Tiananmen activist for leaking 'state secrets' to US website.
Once staunchly anti-immigrant, some observers say the conservative US state could lead the way in documenting migrants.
NGOs say women without formal documentation are being imprisoned after giving birth in Malaysia.
Public stripping and assault of woman and rival protests thereafter highlight Kenya's gender-relations divide.