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