Israeli court greenlights transfer of millions from Palestinian Authority to Nova Festival massacre victims

The Jerusalem District Court on Monday accepted the demand from 11 Israeli families of Nova Music Festival victims to transfer millions of dollars from the Palestinian Authority (PA) as financial compensation, if the families win their lawsuit against the PA.

On Oct. 7, 2023, terrorists from Gaza killed nearly 400 people at the outdoor Nova Musical Festival. At least 40 were abducted into Gaza. Additionally, the attackers raped and sexually abused the young participants. In total, the Hamas terrorist organization invaded southern Israel by air, land and sea, killing 1,200 people and taking 251 people hostage, including the elderly, children and women. There are 97 hostages still being held captive, including the bodies of at least 34 confirmed dead by the IDF.

The Israeli court issued a temporary attachment order of $42.8 million against the PA. If the families ultimately win their existing $84.7 million lawsuit against the PA, the court-ordered amount will be allocated as compensation to the families.

In the filed appeal, attorneys Gilead Sher and Tzvi Sharmir argued that the victims in the lawsuit were murdered by terrorists while attending the music festival close to the Gaza border and that the PA has rewarded and continues to reward the perpetrators for their acts.

“The Palestinian Authority, which has transferred and continues to transfer funds as rewards and compensation to terrorists and their families under PA legislation, thereby supports the terror acts committed by the terrorists in the massacre. Hence, the PA bears liability for damages to terror victims and their families,” the filed attachment request asserted.

Israel and the United States have repeatedly urged the PA to end its ‘pay-for-slay' policy, which offers financial rewards to terrorists who murder Israelis and Jews.

Furthermore, Israel’s law for compensation of victims of terror allows for a direct civil lawsuit against any entity that is involved in terrorism. A “terror-supporting body” is defined as any entity that transfers funds due to a terror attack for the benefit of the perpetrator or on their behalf, the two attorneys argued.

This is not the first time the Jerusalem District Court has issued such an order. Last September, the court imposed an attachment order of $40.6 million on funds designated for the Palestinian Authority (PA). This decision came after dozens of bereaved families, including those impacted by the Oct. 7 attacks and others who lost relatives in recent terrorist infiltrations and suicide bombings, filed lawsuits against the PA.

The 2018 Law on Freezing Revenues Designated for the PA, which includes the Payments to Prisoners and Families of Terrorism Offenders clause gives the Israeli state the right to freeze PA funds. There are currently NIS 2 billion ($532 million) frozen in the state's treasury due to this law and the Jerusalem court ruling gives the state authority to seize money from that fund and assign it to the survivors suing the Palestinian Authority.

Earlier this year, 42 survivors filed a landmark NIS 200 million (approximately $55 million) lawsuit against the State of Israel, citing gross negligence that enabled the massacre. 

According to the lawsuit, “just one simple phone call from IDF officials to the festival commander warning of risks could have saved lives by prompting the immediate dispersion of attendees.”