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Report: Bereaved Gaza doctor to sue Israel

Dec. 24, 2010 2:48 P.M. (Updated: Dec. 25, 2010 11:43 A.M.)
TEL AVIV, Israel (Ma'an) -- Dr. Izzeldin Abuelaish, who lost three daughters when the Israeli army fired shells at his home during Operation Cast Lead, will file on Sunday a massive damages claim, an Israeli newspaper reported.

"I didn't want to file the lawsuit, and until now I didn't want to discuss it," he told Yedioth Ahronoth in a phone interview from Toronto, Canada, where he immigrated following the tragedy.

"I tried to take every step that would allow me to close this with love and goodwill, but they didn't leave me a choice. According to the law, the statute of limitations will apply to this case within a few weeks – but there is no statute of limitations on the blood of my daughters. It will stay with me forever. It's a catastrophe that's impossible to forget."

Abuelaish instructed his lawyer to avoid a lawsuit and reach a settlement with the security forces, which would include recognition and compensation, according to the report. But no such settlement was reached: The Defense Ministry's legal adviser, Ahaz Ben-Ari, announced this week that Abuelaish does not deserve compensation.

"Despite the severe outcome, from a legal standpoint our stance is that the operation during which Dr. Abuelaish'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."
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