Decades of unfair trials for Palestinians in the occupied West Bank

Palestinians’ right to a fair trial has been violated for 57 years, UN experts said on July 3, denouncing the lack of fair trials in the occupied West Bank since June 1967.

On June 7, 1967, the Israeli military commander issued three proclamations concerning the executive authority, security, public order and judicial authority of the army in the occupied West Bank. These provisions were later amended to become Military Order No. 378, which established military courts.

“In the occupied West Bank, the functions of police, investigator, prosecutor and judge are entrusted to the same hierarchical institution – the Israeli army,” the experts said. The order establishes vague procedural instructions and broad powers for military forces in conducting proceedings.

“This military system has served to control many aspects of Palestinian daily life, including public health, education, and land and property rights. It also criminalizes many forms of political and cultural expression, association, movement, nonviolent protest, traffic violations, and other acts that could be considered methods of opposition to the occupation and its policies,” the experts said.

“This results in a situation in which military judges in military courts systematically provide legal and judicial cover for acts of torture and cruel and degrading treatment committed against Palestinian detainees by their colleagues in the armed forces and intelligence services. This also makes legal defense impossible,” they said.

According to international standards, guarantees of a fair and public trial include the independence and impartiality of the courts and require that the judicial system not be subject to the discretionary power of any branch of government, particularly the executive and the armed forces.

“The dualistic justice system established in the occupied West Bank, in violation of international law, has contributed to legitimizing the occupation and illegal settlements in the occupied Palestinian territory, through a draconian penal system imposed by the military and applied only to Palestinians without due process guarantees,” the experts said. “We are particularly concerned that Palestinian children are subjected to this abusive system.”

“This system also turns a blind eye to settler violence and criminality, allowing it to flourish and go unpunished,” they said.

“Since the beginning of the occupation, the Israeli military has participated in or failed to protect Palestinians from violent settler attacks in the occupied West Bank, including extrajudicial killings, forced displacement, property damage, destruction and illegal appropriation, discrimination, harassment and threats.”

Public scrutiny of these proceedings and access to information about the harsh treatment of Palestinians in military courts and leniency toward illegal settlers is extremely limited given the Israeli military’s media censorship, experts said.

Israeli military courts allow the military prosecutor to seek a restraining order against Palestinian detainees, preventing them from meeting with their lawyers for a total period of 60 days. This practice deprives detainees of the right to consult a lawyer, particularly during the interrogation process, the experts said. When part of a widespread or systematic attack directed against a civilian population, severe deprivation of physical liberty can be considered a crime against humanity.

Experts are concerned that an order published by the Israeli military on its website on May 29 transferred responsibility for dozens of regulations of the Civil Administration – the Israeli body that governs the West Bank – from the military to pro-settlement officials led by Finance Minister Bezalel Smotrich. The experts point out that annexation is absolutely prohibited under international law.

“We call on Israel, as the de facto occupying power, to repeal Military Order No. 378 and related laws and regulations, to dissolve the military court and to ensure the right to a fair trial in the occupied West Bank,” the experts said.

The experts have contacted Israel about these concerns.

* Source: Office of the High Commissioner for Human Rights