85 Following the signing of the Oslo Accords in 1993, the Military Judicial System became valid when military courts were established and Military Public Prosecutors were appointed in all districts of the West Bank and the Gaza Strip96. The enforcement of the Palestinian Revolutionary Penal Code of 1979 Palestine is unconstitutional, as it does not constitute a part of the PNA legal system and has not been debated or ratified by the PLC. In addition, as this Code has never been in operation in Palestine, it contradicts Presidential Decree No.5 of 1995, issued by the late President Yasser Arafat, which stipulates the validity of all laws, decrees, and regulations that had been in operation prior to 5/6/1967 until they are reunified. Paragraph 2 of Article (101) of the 2003 Amended Basic Law also stipulates: “Military courts shall be established by special laws. Such courts may not have any jurisdiction beyond military affairs.” This article has recently been supported by numerous resolutions issued by the Supreme Court of Justice, which highlight the invalidity of arrest and detention orders issued by military judicial authorities97. Moreover, the procedures followed in military prosecution in accordance with the provisions of the Palestinian Revolutionary Penal Code of 1979 breach relevant international standards included in the international Declaration for Human Rights, and the International Covenant on Civil and Political Rights, which 96 Professor of Constitutional Law at Al‐Quds University in Abu Dis , Ibrahim Sha’ban, declares that the Palestinian Revolutionary Penal Code of 1979 is unconstitutional since Resolution No.5 of 1995 – the first Presidential Resolution ‐ stipulates the validity of the current laws enforced within the West Bank and the Gaza Strip prior to 1967 , rather than the PLO laws. Accordingly, Sh’ban concludes that the basis of rule in Palestine is the principle of the rule of the law, with which the Executive, Legislative and Judicial Authorities, as well as the Security Services, institutions and individuals shall comply. Sha’ban also confirms that in accordance with the 2003 Amended Basic Law “Basic human rights and liberties shall be protected and respected” (Article 10), and “Personal freedom is a natural right for all. It is unlawful to arrest, search, imprison, or restrict movement except by judicial order in accordance with the provisions of the law.” (Article 11 ) http: //www.amin.org/look/amin/en‐section.php retrieved on 11/6/2008. 97 In this regard, ICHR sent a letter to the Chief of the Military Judicial Authority on 23/11/2008, demanding the convening of a meeting to discuss the legal basis for arresting civilians by the Military Judicial Authority. In his response, however, the Chief denied the detention of any civilian by the Military Judicial Authority, claiming that those persons had been arrested due to their affiliation with a banned faction or an armed militia which endangers security and public order. He also alleged that all legal procedures adopted in such situations are no more than preventive measures to prohibit the frequent occurrence of a coup d’ėtat against the legitimate authority similar to the one that had previously occurred in the Gaza Strip