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April 19, 2012       Share:    

Source: http://www.jpost.com/NationalNews/Article.aspx?id=266635

Israeli Court: No Compensation for Gaza Chicken Coops Above Terrorist Tunnels

(Jerusalem Post) Joanna Paraszczuk - Israel is not liable to pay damages for two Gaza chicken coops demolished during a July 2006 IDF airstrike on a terrorist tunnel, the Beersheba District Court ruled on Wednesday. The tunnel was intended to be used to carry out terrorist attacks in Israel. Lawyers for the state admitted that the IDF had destroyed the coops, but argued that it was part of an act of war, since there had been no way to destroy the tunnels without also demolishing the property above them. Judge Shlomo Friedlander ruled that there had been a "vital necessity" to destroy the tunnels to prevent terrorist activity, and the collateral damage had been proportionate. He said the plaintiffs should direct their compensation claims "to the terrorists, their agents and their collaborators responsible for digging the tunnels, and to the prevailing regime."

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