penalties were imposed in less than 20% of cases and, conversely, perpetrators were
sentenced with minimum sentences in over 70% of cases.
As already noted, sentencing by First Instance Courts was comparatively stricter, especially
for crimes such as murder and narcotics-related offences where maximum penalties were
imposed in over 30% of cases. Conversely, some crimes were treated in a comparatively more
lenient fashion, such as rape/sexual assault, theft, forgery. It is concerning that false
testimony was by far the crime that received the most lenient penalties, considering that it is
a crime that constitutes a serious threat to the administration of justice as a whole.
Chart 7
Severity of sentencing by crime type - West Bank First
Instance Courts
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Legal minimum
In between
Legal maximum
5. Judgments based on Israeli military orders
The Palestinian Courts of First Instance in the West Bank and the courts in Gaza Strip base
their provisions on a mixture of legislation in force; such as the Jordanian Penal Code of 1960
that applies in the West Bank, the Egyptian Penal Code of 1936 that applies in the Gaza Strip,
in addition to Palestinian legislation approved by the Palestinian Legislative Council
established in 1996 and active until 2007, when the political division between the West Bank
and the Gaza Strip occurred. Additionally, some criminal cases before Palestinian courts are
still based on Israeli military orders that are still part of the applicable law.
During the reporting period, First Instance Courts issued only twelve judgments based on
Israeli Military Orders. All were narcotics-related cases, based on Military Order No. 558 of
1975 on dangerous drugs (Articles 6, 7, 8, 13 and 32).
In nine cases the defendants were charged with possession, use of and trafficking of drugs or
narcotic substances; two cases involved charges of cultivating dangerous drugs; one case of
20