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Israel: UN Experts condemn unfair trials for Palestinians in the occupied West Bank

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Press release
Geneva – July 17, 2024

UN experts have condemned Israel for violating Palestinians’ due process rights in the occupied West Bank for the past 57 years. The experts denounced the lack of fair trials since the Israeli military issued proclamations in June 1967, establishing military courts through Military Order No. 378.

“In the occupied West Bank, the functions of police, investigator, prosecutor, and judge are vested in the same hierarchical institution – the Israeli military,” the experts stated. They criticized the vague procedural instructions and broad powers granted to military forces, which control many aspects of Palestinian daily life, including public health, education, land and property law, and various forms of political and cultural expression.

“This military system criminalizes nonviolent protest, association, movement, traffic offenses, and other acts opposing the occupation and its policies,” the experts added. They emphasized that military judges consistently provide legal cover for acts of torture and cruel treatment against Palestinian detainees, making legal defense nearly impossible.

Under international standards, fair trial guarantees include the independence and impartiality of the courts. However, the experts argue that the dual court system in the West Bank violates these standards, further legitimizing the occupation and illegal settlements through a draconian penal system applied only to Palestinians.

The experts expressed particular concern for Palestinian children subjected to this system and the impunity granted to settler violence and criminality. They noted that the Israeli military has often either participated in or failed to protect Palestinians from violent settler attacks, including extrajudicial killings, forced displacement, and property damage.

Media censorship by the Israeli military limits public scrutiny and access to information about the harsh treatment of Palestinians and leniency towards illegal settlers. The experts highlighted that military courts allow prosecutors to prevent Palestinian detainees from meeting with their lawyers for up to 60 days, denying their right to legal counsel during interrogations.

The experts warned that severe deprivation of physical liberty, as part of a widespread or systematic attack against a civilian population, could amount to a crime against humanity. They also expressed concern about an order transferring responsibility for dozens of bylaws from the military to pro-settler officials, which they argue could lead to annexation, 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, dissolve the military court, and ensure the right to a fair trial in the occupied West Bank,” the experts urged.

For more information and media requests or inquiries, please get in touch with us (+41229403538 / media@cfjustice.org)

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