By Al-Jazeera – 26 Dec 2010
http://english.aljazeera.net/news/middleeast/2010/12/2010122692144549633.html
Father of three daughters killed by Israeli forces files case after failing to reach compensation deal.
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.”
