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Judiciary in Palestine

7/27/2015

Palestinian judiciary is facing many special challenges which affect negatively the mechanism of judicial work as well as the spirit of its staff.

Palestinian judiciary works under the following situations:

  • Incomplete sovereignty over the state of Palestine.
  • Obstructing for establishment of jurisdiction and enforcement of court judgments.
  • Unstable security conditions due to the Israeli Occupation.
  • Unstable political conditions.
  • Overlapping authorities.

External Challenges:

  • The Israeli Occupation for Palestinian Authority areas affects the whole justice system negatively through the closure for Palestinian areas and checkpoints.
  • Disrespectful treatment for judges at Israeli checkpoints which restrict their capabilities to work efficiently or even to reach courthouses.
  • Government financial crisis resulting from siege which led to employees strike and closure of courthouses.
  • Short Palestinian jurisdiction over Palestinians holding Israeli-issued ID cards who commit offenses on the territory of the State of Palestine.
  • Short Palestinian jurisdiction over Area C.

Internal Challenges:

  • Inadequate infrastructure and lack of logistic support related to provide computers and legal software for judges.
  • Inability to attract new judges because of low salaries.
  • Inability to improve practical abilities for judges which slow down their achievements except for the support from donors.
  • Inability to appoint judges' assistants or administrative staff even with the existence of new judicial organizational structure prepared in 2007.
  • Lack of incentive system which affect negatively initiatives and creativity from judges or staff.
  • In ability to improve the institution of forensic medicine and criminal research.
  • Inability for police to execute their real duties.
  • Instability of legal legislations or making amendments in short periods. 

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