Court orders Israel to pay reparations to Palestinian fishermen

A court has ordered Israel to return 150,000 ILS, the equivalent of more than £33,500 to two fishermen from Gaza whose boats were seized by the Israeli occupation Forces navy, in 2022, and were destroyed.

Israel forced to return £33,500 after court ruling

Haifa Maritime Court has ruled that the State of ‘Israel’ must return the money, to Jihad and Mohammed Al Hassi, who are both members of a long-established fishing family from Gaza.

After the seizure and transfer of the boats to ‘Israel’, the occupation petitioned the Haifa District Court with an unprecedented request to allow it to permanently confiscate the vessels, arguing that the boats had been seized for violating its restrictions on the permitted fishing zone it enforces off the Gaza coast.

The occupation’s maritime restrictions are illegal under international law

The fishermen were represented in court by human rights organisations Gisha and Adalah, who claimed that the restrictions on Gaza’s maritime area are illegal under international law, and Israel has no authority to seize or confiscate civilian fishing boats.

During the court proceedings, an interim order was issued, which allowed the fishermen to get their boats back, as long as they provided a deposit of 150,000 shekels as a guarantee, and they were told they must return the boats if the court later ruled in the Israeli occupation’s favor. When the boats were returned to their owners, they were in poor condition and had been stripped of vital equipment.

Widespread destruction of Gaza’s fishing boats by ‘Israel’, and the industry decimated

Gaza’s fishing sector has been decimated by the occupation, bombing and sinking most of the boats docked in its fishing ports, including the two boats belonging to the Al Hassi family. Satellite imagery published by Forensic Architecture, submitted to the court by the two organisations, showed that Israeli strikes destroyed all the fishing vessels in the Gaza Fishermen’s Port.

Adalah and Gisha had asked the court to refund the financial bond deposited by the fishermen, because of the extensive damage caused. ‘Israel’ refused, claiming there was no proof that the boats had been destroyed and that it was up to the fishermen to prove this damage, even though they had been displaced to southern Gaza and would have to risk their safety to reach the port. It also was wanted to continue legal proceedings to secure the permanent confiscation of the boats.

The judge accepted the evidence that the boats had been destroyed, and ruled that ‘Israel’ must return the bond, saying: “It is impossible to ignore the realities on the ground and to demand that the respondents produce better evidence of the condition and destruction of the boats. The applicant’s lawyers claim that they could simply go to the port and photograph the boats completely disregards the situation. Large parts of Gaza are destroyed, and anyone moving about risks being hit by ongoing fire. In such circumstances, it is unreasonable to require the respondents to endanger themselves or others to obtain better evidence.”

‘Long-standing pattern of harassment and targeting of Gaza’s fishermen’

After the ruling, Gisha and Adalah responded by saying: “After the outbreak of the war, Israel destroyed the port and the boats docked there. Yet it still sought to add insult to injury by seizing the fishermen’s money as they faced displacement, starvation, and constant risk to their lives. We welcome the ruling prohibiting the forfeiture of the financial guarantees, which were seized in violation of international law, as part of a long-standing pattern of harassment and targeting of Gaza’s fishermen.”

The fishing industry was once central to Gaza’s economy, with an estimated 6,000 Gaza residents relying on the fishing industry, before October 2023, for their primary source of income, of whom approximately 4,500 were fishermen and boat owners. The sector supported around 110,000 people. Fishing was one of the few autonomous food production sectors in the Strip, and provided good quality protein at a low price compared to other foods.

Gaza’s fishing industry is now decimated, with the Israeli occupation restricting fishermen’s movement and enforcing designated maritime zones. This makes fishing a dangerous job, and very difficult economically.

In an incident earlier today, October 21, the Palestinian Fishermen’s Syndicate announced that ‘Israeli’ military boats opened fire at a fishing boat, and arrested three Palestinian fishermen while they were working off the coast of Gaza City.

By Charlie Jaay

This post was originally published on Canary.