Abstract
Under the Enforcement Law, a judgment to be enforced in Israel must have been rendered by a foreign court. This requirement directly affects the enforcement of judgments issued in the territories occupied from Jordan and Egypt by the Israel Defense Force since the Six Day War. Despite the connection between Israel and these territories, the civil courts in these regions are not Israeli and operate under a separate and foreign legal system. Accordingly, the judgments of these courts are no different from those of any other foreign country, in that they are foreign to the Israeli legal system. However, Israel did not recognize Jordanian rule of the West Bank, and Egypt did not annex the Gaza strip. Thus, while they are not Israeli courts, neither are they courts of a foreign country. Therefore, seemingly, the judgments rendered by these courts cannot be recognized under the Enforcement Law. The Emergency Regulation that deals with the issue presents the solution.
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Notes
- 1.
Emergency Regulations (Territories Occupied by the IDF—Legal Aid), 5730-1969; replaced by Emergency Regulations (Territories Occupied by the IDF—Legal Aid) (No. 2), 5737-1976 (File of Regulations 3529, 1670).
- 2.
Jurisdiction and Other Ordinances (Legislative Amendments) 5755-1994 (Sefer Hukim 1497, pg. 58).
- 3.
Fassberg, Foreign Judgments in Israel Law: Deconstruction and Reconstruction, 49, 156-157.
- 4.
C.A. 4060/03 Palestinian Authority v. Dayan (Nevo, Jul. 17, 2007).
- 5.
Article 20 of the Immunity Law.
- 6.
C.A. 665/72 Mata Khan (Christophilco) v. Schweibel, P.D. 27(1) 690 (1973).
- 7.
Article 3(a) of Emergency Regulations (Territories Occupied by the IDF-Legal Aid) (No. 2), 5737-1976.
- 8.
“Israel and the Palestinian Authority will enforce judgments rendered by the judicial organs under the responsibility of the other Party, provided that the judicial organ concerned had the jurisdiction to render the judgment and further provided that the enforcement is not contrary to public policy. The execution office under the responsibility of Israel and the Palestinian Authority shall execute such judgments as if rendered by their own judicial organs.”
- 9.
D.C.M. 19853/02 Azoz v. Palestinian Authority, et al. (Tak-District 2003(1) 766).
- 10.
Enforcement of Judgments in the Palestinian Authority: Possible? Orech Hadin—Publication of the Israel Bar Association 50, 16.
- 11.
Nevo, Jun. 29, 2010.
- 12.
Palestine Bank, §7 of Justice Rubinstein’s judgment.
- 13.
D.C.C. (Jm.) 5366/03 Nator v. Database for the Compulsory Vehicle Insurance in Israel (“the Pool”) (Nevo, Sep. 25, 2005).
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Carmon, H. (2013). Foreign Judgments and the Palestinian Authority. In: Foreign Judgments in Israel. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-32003-3_10
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DOI: https://doi.org/10.1007/978-3-642-32003-3_10
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