MIFTAH
Saturday, 18 May. 2024
 
Your Key to Palestine
The Palestinian Initiatives for The Promotoion of Global Dialogue and Democracy
 
 
 

An independent and effective judiciary is indispensable for a democratic system of government that respects the principle of the separation of powers, the rule of law, and accountability with justice.

With the establishment of the “State Security Court” in Palestine, the public response was immediate and decisive: Strengthen the civilian judicial system and abolish the military court that has become a symbol for the lack of due process and persistent violations of human rights.

In reality, the opposite has occurred. While the military State Security Court is expanding its sphere of activities and mandate, the judiciary remains in a sad state of disarray and willful neglect.

Worse yet, the judicial system has suffered from persistent interference as well as from deliberate non-compliance with its court rulings, mainly from the security forces.

The Supreme Judicial Council still remains to be formed despite repeated calls by civil society institutions and human rights organizations, and despite actual resolutions and decisions by both the PLC and the Executive.

The legislation on the independence and integrity of the judiciary also has not seen the light despite the pressing need and public demands for its promulgation.

Instead of an urgent and intensive plan to strengthen and complete the civilian judicial system to enable it to ensure the rule of law and the dispensing of impartial justice, its inherited weakness has been exploited to justify alternative systems such as tribal and traditional means of arbitration and judgment, as well as military or security courts notorious for their rulings of “instant justice” and severe sentences including the death penalty.

As a latest development in this context, the appointment of Khaled al-Qidra as chief prosecutor for the State Security Court provoked tremendous disappointment and anger among human rights activists, PLC members, and the public at large.

While all, including MIFTAH, had responded positively to the previous appointments of Radwan al-Agha as Chief Justice and Zuheir Sourani as Attorney General as indicators of a new and positive trend in the Executive’s attitude towards the judiciary (Key Issues: June 21, 1999), this appointment dealt a serious blow to expectations of genuine reform in this area.

So far, accountability and reform have evaded the nation-building process and the work of the Executive.

While the newly-appointed State Security Court chief prosecutor had resigned from his previous position as Attorney General for reasons of “ill health,” it was clear that the public protests and repeated calls for his removal had played a major role in bringing about his “resignation.”

With his appointment to the military court, both the question of personal accountability and the issue of the rule of law, as well as the empowerment of the civilian judicial system have been further undermined.

The time has come for a courageous and unequivocal decision on institutionalizing systems of accountability and reform, and on an operative commitment to democracy and good governance as the only options for the Palestinian state.

The “peace of the brave” cannot be concluded in the absence of internal peace and justice.

 
 
Read More...
 
 
By the Same Author
 
Footer
Contact us
Rimawi Bldg, 3rd floor
14 Emil Touma Street,
Al Massayef, Ramallah
Postalcode P6058131

Mailing address:
P.O.Box 69647
Jerusalem
 
 
Palestine
972-2-298 9490/1
972-2-298 9492
info@miftah.org

 
All Rights Reserved © Copyright,MIFTAH 2023
Subscribe to MIFTAH's mailing list
* indicates required