99 This rift in the judiciary led to the development of the judiciary in the West Bank which was not parallel to the developments taking place in the Gaza Strip.107 The political divide has also disrupted the Legislative Council’s activities, particularly with regard to the amendment of laws and regulations for meeting the urgent need for judicial promotion. This is especially so as pragmatic application proved to be necessary for the amendment of some judicial texts due to their inconformity with the status quo in the West Bank, as some of these texts have also impeded the promotion of the judicial system, and the right to have access to justice. The Civil and Commercial Procedure Law, particularly the texts on judicial notifications, where implementation was still limited and slow due to shortage in technological means as well as in the number of summons servers, required urgent amendment. 3‐ Encroachment of Military Jurisdiction on Civil Jurisdiction Paragraph (2) of Article (101) of the Palestinian Basic Law states that “Military courts shall be established by special laws. Such courts may not have any jurisdiction beyond military affairs”. However, on the ground the situation is completely different. ICHR documented the investigation and arrest of civilians by Security Services at the request of the Military Judiciary, and in violation of the above‐mentioned provisions, thus depriving civilians from their right to be presented before a natural judge (i.e., regular judiciary). As the detention of civilians has been discussed in detail in Chapter 2 of this part, what concerns us here is the impact of such measures on fair and legal procedures, particularly with regard to the right to access justice and a fair trial, and particularly since such measures are an encroachment on the jurisdiction of the civil judiciary. They are also an obstacle which impedes the efforts of the regular judiciary to enforce the rule of law. 107 For more about the formation of the Higher Judicial Council (the Supreme Council of Justice) in the Gaza Strip and ICHR’s position towards its formation, please see previous annual reports.