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For the most part, violent acts are considered [[criminal law|crimes of violence]] and fall under the purview of the [[criminal justice]] system. |
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Due to Palestine's [[List of unrecognized states#Majority recognition|semi-ambiguous]] status as a [[Foreign relations of the Palestinian National Authority|majority recognition]] [[enclave and exclave|exclavic]] state, geographically situated at the epicenter of a region with a [[Arab-Israeli conflict|long history of violence]], criminal actions are viewed differently through different lenses. From the Palestinian perspective, certain acts of violence may be characterized anywhere from non-crimes (e.g. [[War#Morality of war|acts of a war of defense]] or [[resistance movement|resistence]]) to matters of [[conflict of laws|private international law]], while from other perspectives these same acts of violence may be characterized anywhere from [[terrorism|terrorist]] [[rebellion]] to [[international criminal law|international crime]] to [[war crime]]. For the most part, however, violent acts are considered [[criminal law|crimes of violence]] and fall under the purview of the [[criminal justice]] system. |
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=== Violence against civilians === |
=== Violence against civilians === |
Revision as of 21:03, 29 July 2008
The Law of Palestine is the rule of law within the area of Palestine controlled by the Palestinian National Authority. It has an unusually unsettled status, as of 2008, due to the overlapping jurisdictions and lawlessness and high crime rate in those areas.
Historical use
Historically, the Law of Palestine also referred to the Talmudic interpretation of laws from Palestine before 70 C.E.:
After the destruction of Jerusalem all the special laws of Palestine became obsolete according to the strict interpretation of the Mosaic law, but the Rabbis, desiring to maintain some distinction between the Holy Land and the rest of the world, and for other reasons stated below, kept in force some of the special laws. ... Those of the laws of Palestine that were extended after the Exile were originally enacted for the purpose of protecting the judicial administration and economic interests of Palestine, and with a view to encourage settlement there. Hence the semikah was still left in the hands of the Palestinian judiciary, with power to inflict the penalties of stripes and fines, and to announce the day of the new moon on the evidence of witnesses. But the power of the Sanhedrin was of short duration in consequence of incessant persecution, which drove the Talmudists to Babylon.
— [1]
Basic Law
The Basic law is the provisional constitution of Palestine, which was established in 2002.[2] According to one report, "Palestinians had been requesting that the law be signed into effect since 1997, in order to formally guarantee a modicum of basic rights."[2] It was enacted by the PLS (the Legislature) and signed by Yasser Arafat.[2] [3] It was amended on March 19, 2003 "to allow the creation of the Prime Minister Position in the Palestinian National Authority...."[4]
The Basic Law is based loosely on Shari'a:
According to Article 4:
- Islam is the official religion in Palestine. Respect and sanctity of all other heavenly religions shall be maintained.
- The principles of Islamic Shari'a shall be the main source of legislation.
- Arabic shall be the official language.
— Mideastweb.org [2]
The Basic Law is introduced with "In The Name of God, The Merciful, The Compassionate,"[4] as are most documents in Islamic countries.[citation needed]
Articles of the Basic Law
With 121 articles, it is more akin to a state constitution in comprehensiveness, detail and length.
The "bill of rights" Articles of the Basic Law, as amended March 19, 2003, cover the following topics:
- "Palestine is part of the large[r] Arab World ...." [4]
- "The People is the source of power" and the 3 branches of government enshrines "the principle of separation of powers" [4]
- States that "Jerusalem is the Capital of Palestine." [4]
- Islamic law is the basis, and Arabic is the official language, of Palestine
- Creates "a democratic parliamentary system based on political and party pluralism" and a popularly elected President
- Recognizes the "principle of the rule of law" [4]
- Regulates citizenship
- Defines the official flag
- Protects against "discrimination because of race, sex, color, religion, political views, or disability" [4]
- Protection of human rights
- Protection of freedom and procedural due process
- Rights to "be informed of the reasons for his arrest or detention",[4] to contact an attorney, and a speedy trial (see Miranda rights)
- No duress, torture or forced confessions
- Rights to be "innocent until proven guilty",[4] to a defense, and to a lawyer for defense
- Crime and punishment defined by law
- Right to bodily integrity
- Prohibition of searches except by lawful order
- Freedom of private religious practice ("Freedom of belief, worship, and performance of religious rituals are guaranteed, provided that they do not violate public order or public morals." [4])
- Freedom of expression
- Freedom of movement
- Creation of a free market economy and prohibition against taking without fair compensation
- Insurance for health, disability, retirement, "welfare of families of martyrs’", and prisoners of war [4]
- Right to housing
- Right to an education
Statutes and legislation
There is some confusion amongst jurists, scholars and laymen about exactly what legal regime exists, and which laws apply, in Palestine.
Mahdi Abdul Hadi, a legal scholar, believes that all prior and current law continues to apply in the Palestinian territories, including "the British Mandate laws, the Jordanian laws that used to govern the West Bank before 1967 and the Egyptian law that governed Gaza Strip before 1967, in addition to the Israeli military orders."[5] According to Abdul Hadi, the first step was the organization of "Palestinian civil society", that is, a traditional law, "then came the Madrid Conference and the Oslo Accords which drafted laws to govern the Palestinian political life for the interim period."[5] Following that, "the general elections in 1996 ... brought about the Palestinian Legislative Council as the legislative body of the Palestinian people in the Palestinian lands."[5]
Martial law
Judicial authorities
Criminal law
For the most part, violent acts are considered crimes of violence and fall under the purview of the criminal justice system.
Violence against civilians
The Palestinian Human Rights Monitoring Group reports that "everyday disagreements and clashes between the various political factions, families and cities ... have during the course of the al Aqsa Intifada also led to an increasingly violent 'Intrafada'. In the 10 year period from 1993 to 2003, 16% of Palestinian civilian deaths were caused by Palestinian groups or individuals."[6]
During 2007 many Western and Christian targets were attacked in the West Bank and Gaza. Members of local gangs and terror cells blew up and destroyed institutions linked to Western culture such as American schools, church libraries and dozens of Internet cafes. These events were largely ignored by the media.[7]
Violence against foreigners
On October 15, 2003, three members of a United States diplomatic convoy were killed and additional members of the convoy wounded three kilometers south of the Erez Crossing into the Gaza Strip by a terrorist bomb. The perpetrators remain at large.
Through the first three months of 2004, a number of attacks on journalists in the West Bank and Gaza Strip have been blamed on the Al-Aqsa Martyrs' Brigades, most clearly the attack on the Arab television station Al-Arabiya's West Bank offices by masked men self-identifying as members of the Brigades. Palestinian journalists in Gaza called a general strike on February 9 to protest this rising violence against journalists.
Karen Abu Zayd, deputy commissioner general for the UN Relief and Works Agency in the Gaza Strip stated on February 29, 2004: "What has begun to be more visible is the beginning of the breakdown of law and order, all the groups have their own militias, and they are very organized. It's factions trying to exercise their powers."[8]
On July 17 eve, Fatah movement members kidnapped 5 French citizens (3 men and 2 women) and held hostage in Red Crescent Society building in Khan Yunis. Palestinian security officials said that the kidnapping was carried out by the Abu al-Rish Brigades, accused of being linked to Palestinian Authority Chairman Yasser Arafat's Fatah faction.[9]
Palestinian security forces, as of March 2005, have not made any arrests for the October 2003 killing of three American members of a diplomatic convoy in the Gaza Strip. Moussa Arafat, head of the Palestinian Military Intelligence and a cousin of then Palestinian Authority Chairman Yasser Arafat has stated that, regarding the United States pressure to arrest the killers; "They know that we are in a very critical position and that clashing with any Palestinian party under the presence of the occupation is an issue that will present many problems for us". Since the October 2003 attack, United States diplomats have been banned from entering the Gaza Strip.[10]
On July 31, Palestinian kidnappers in Nablus seized 3 foreign nationals, an American, British and Irish citizen. They were later released.[11]
Claims of official curruption
Freedom House's annual survey of political rights and civil liberties, Freedom in the World 2001-2002, reports "Civil liberties declined due to: shooting deaths of Palestinian civilians by Palestinian security personnel; the summary trial and executions of alleged collaborators by the Palestinian Authority (PA); extra-judicial killings of suspected collaborators by militias; and the apparent official encouragement of Palestinian youth to confront Israeli soldiers, thus placing them directly in harm's way."[12]
It is claimed that some of the smuggling tunnels connecting Egypt and the Gaza Strip are controlled by one of the Palestinian Authority security services under Moussa Arafat's command. He is accused of receiving a portion of the profits derived from the smuggling tunnels.[13]
Terrorist acts
In February 2004 Ghassan Shaqawa (the mayor of Nablus) filed his resignation from office in protest of the Palestinian Authority's lack of action against the armed militias rampaging the city and the multiple attempts by some Palestinians to assassinate him. Gaza's police chief, General Saib al-Ajez, later would say: "This internal conflict between police and the militants cannot happen. It is forbidden. We are a single nation and many people know each other and it is not easy to kill someone who is bearing a weapon to defend his nation."[14]
Ghazi al-Jabali, the Gaza Strip Chief of Police, since 1994 has been the target of repeated attacks by Palestinians. In March 2004, his offices were targeted by gunfire. In April 2004, a bomb was detonated destroying the front of his house. In July 17, 2004, he was kidnapped at the at gunpoint following an ambush of his convoy and wounding of two bodyguards. He was released several hours later.[15] Less than six hours later, Colonel Khaled Abu Aloula, director of military coordination in the southern part of Gaza was abducted.
On July 21, Nabil Amar, former Minister of Information and a cabinet member and a member of the Palestinian Legislative Council, was shot by masked gunmen, after an interview to a TV channel in which he criticized Yasser Arafat and called for reforms in the PA.[11]
The firing of Qassam rockets from the Gaza Strip into Israel is strongly opposed by those living closest to the firing location due to frequent Israeli military responses to Qassam rocket launches. On July 23, 2004, an Arab boy was shot and killed by Palestinian terrorists of the Al-Aqsa Martyrs' Brigades after he and his family physically opposed their attempt to set up a Qassam rocket launcher outside the family's house. Five other individuals were wounded in the incident.[16][17][18][19]
On July 25, 2004, 20 members of the Al-Aqsa Martyrs' Brigades seized the governor's office in the Gaza Strip town of Khan Yunis. Among their demands are that Yasser Arafat's cousin, Moussa Arafat be dismissed from his post as chief of general security in Gaza. In a separate attack, unidentified persons stormed a police station and burned the structure causing extensive damage.
On July 31, a PA security forces HQ building was burnt down in Jenin by the al Aqsa Martyrs' Brigades. A leader of Al Aqsa Martyrs Brigades said they torched the building because new mayor Qadorrah Moussa, appointed by Arafat, had refused to pay salaries to Al Aqsa members or to cooperate with the group.[11]
On August 8, 2004 the Justice Minister Nahed Arreyes resigned stating that he has been stripped of much of his authority over the legal system. The year before, Yasser Arafat created a rival agency to the Justice Ministry and was accused of continuing to control the judiciary and in particular the state prosecutors.[20]
On August 10, 2004, a report on the reasons for incidents of anarchy and chaos in the Palestinian Authority was written by an investigation committee of the Palestinian Legislative Council[21]. The report puts the main blame on Yasser Arafat and the PA's security forces, which "have failed to make a clear political decision to end it". The report states that "[t]he main reason for the failure of the Palestinian security forces and their lack of action in restoring law and order ... is the total lack of a clear political decision and no definition of their roles, either for the long term or the short." The report also calls for a halt to the firing of Qassam rockets and mortar shells into Israeli settlements because it hurts "Palestinian interests". Hakham Balawi is reported to have said that "... It is prohibited to launch rockets and to fire weapons from houses, and that is a supreme Palestinian interest that should not be violated because the result is barbaric retaliation by the occupying army and the citizenry cannot accept such shooting. Those who do it are a certain group that does not represent the people and nation, doing it without thinking about the general interest and public opinion in the world and in Israel. There is no vision or purpose to the missiles; the Palestinian interest is more important"[21]
Despite the report, problems have continued. On August 24, the Lieutenant Commander of the Palestinian General Intelligence in the Gaza Strip, Tareq Abu-Rajab, was shot by a group of armed men and was seriously injured.[22]
On August 31, the Jenin Martyrs' Brigades, the armed wing of the Popular Resistance Committees, threatened to kill Minister Nabil Shaath for participating in a conference in Italy attended by Israeli Foreign Minister Silvan Shalom, declaring "He will be sentenced to death if he enters. The decision cannot be rescinded, we call upon his bodyguards to abandon his convoy in order to save their lives."[23]
On October 12, Moussa Arafat, cousin of Yasser Arafat and a top security official in the Gaza Strip, survived a car bomb assassination attempt. Recently the Popular Resistance Committees threatened Moussa Arafat with retaliation for an alleged attempt to assassinate its leader, Mohammed Nashabat.[24]
On October 19, a group of Al-Aqsa Martyrs' Brigades members, led by Zakaria Zubeidi, seized buildings belonging to the Palestinan Finance ministry and Palestinian parliament in Jenin.[25]
Current Palestinian measures to keep law and order
In 2006, after the Hamas victory, the Palestinian interior minister formed an Executive Force for the police. However, the PA president objected and after clashes between Hamas and Fatah, a redeployment of the force was made and efforts started in order to integrate it with the police force.
Civil law
Participatory justice
See also
External links
References
- ^ Jewish Encyclopedia online. Accessed July 24, 2008.
- ^ a b c d Mideastweb website.
- ^ It is not entirely clear that Chairman Arafat's signature was required.
- ^ a b c d e f g h i j k Amended Basic Law, found at USAID government law website English translation. Accessed July 24, 2008.
- ^ a b c Seminar summary notes, The Party Law in Palestine (Summary of the Seminar organized by PASSIA at Best Eastern Hotel in Ramallah on Political Parties Law and the upcoming PLC elections), found at Passia.org website. Accessed July 29, 2008.
- ^ "The 'Intra'fada". PHRMG.org.
{{cite web}}
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suggested) (help) - ^ a b c "Israel halts funds for Palestinians, Abbas slams move". News. Yahoo.com.
{{cite web}}
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suggested) (help) - ^ Waak, Erika (2003). "Violence among the Palestinians". Humanist.
{{cite web}}
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{{cite web}}
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suggested) (help) - ^ "Palestinians face crucial Gaza test". BBC.co.uk.
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suggested) (help) - ^ "Gaza police chief kidnapped, freed". Dawn.com.
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suggested) (help) - ^ "Attempted Kassam Launch Leads to the Death of an Arab Child". IsraelNN.com.
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suggested) (help) - ^ "Group Says New Israeli Expansion Breaks Vow". NYTimes.com.
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suggested) (help) - ^ "Teen dies in Palestinian clash". BBC.co.uk.
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suggested) (help) - ^ "Palestinian minister quits to protest lack of power". WashingtonTimes.com.
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suggested) (help) - ^ a b "Palestinian lawmakers: Arafat evading promises of reform". Haaretz.com.
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: Unknown parameter|accessmonthday=
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suggested) (help) - ^ "Israel halts funds for Palestinians, Abbas slams move". News. Yahoo.com.
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: Unknown parameter|accessmonthday=
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suggested) (help) - ^ "Nabil Shaath gets death threat". AlJazeera.net.
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suggested) (help) - ^ "Arafat cousin survives bomb attack". ChinaDaily.com.
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: Unknown parameter|accessmonthday=
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