98
The Status of the Right to Litigation in Palestine
Numerous challenges, constraints and policies have hampered the judicial
system’s ability to perform its duties in 2010, which have negatively impacted on
the Palestinian citizens’ right to litigation.
I ‐ Challenges and Obstacles in Guaranteeing the Right to Litigation
1‐ Israeli Occupation Policies
The occupation policies of closure, blockade and military checkpoints have
constituted a key obstacle which has hampered the enforcement of judicial
rulings and the capture of fugitive offenders, debilitated the ability of the
Palestinian civil police service to perform its duties, and restricted the movement
of witnesses and litigants, judges and prosecutors104.
2‐ Political Divisions between the West Bank and the Gaza Strip
The political divide between the West Bank and the Gaza Strip has hampered the
development of the judiciary in both parts of the country on an equal footing.
The resolution issued by the Deposed Government in the Gaza Strip on the
establishment of the Supreme Council of Justice has dictated the appointment of
new judges and a new Public Prosecutor, thus leaving the previous cadre unable
to exercise their usual duties. Being independent of the Supreme Judicial system
in the West Bank, established in accordance with Article (100)105 of the
Palestinian Basic Law, the new Council of Justice was a stark violation of the
provisions of the Palestinian Basic Law, most notably Articles (97) and (98)106, and
a vigorous blow that shook the judiciary system and endangered its
independence.
104
See Chapter 2 of Part 1 in this report on The Impact of the Israeli Violations on PNA performance
Article (100) of the Palestinian Basic Law states: “ A High Court shall be created. The Law shall specify
the way it is constituted, its responsibility and its operating rules. The High Judicial Council shall be
consulted about draft laws relating to the Judicial Authority, including the Public Prosecution.”
106
Article (97) of the Palestinian Basic Law states “The judicial authority shall be independent and shall be
exercised by the courts at different types and levels. The Law shall determine the way they are
constituted and their jurisdiction. They shall issue their rulings in accordance with the law. Judicial rulings
shall be announced and executed in the name of the Palestinian Arab people.” Article (98) states “Judges
shall be independent and shall not subject to any authority other than the authority of the law while
exercising their duties. No other authority may interfere in the judiciary or in judicial affairs.”
105
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات