Palestinians’ right to due process guarantees have been violated for 57 years, UN experts said on Wednesday, that was posted on the webpage of the UN Human Rights Office of High Commissioner in Geneva. “In the occupied West Bank, the functions of police, investigator, prosecutor, and judge are vested in the same hierarchical institution – the Israeli military.”
On 7 June 1967, the Israeli military issued three proclamations concerning the military’s executive, security, public order, and judicial authority in the occupied West Bank. These provisions were later amended into Military Order No. 378, which established military courts.
“This military system has served to control many aspects of Palestinians’ daily lives, including public health, education, and land and property law. It also criminalizes many forms of political and cultural expression, association, movement, nonviolent protest, traffic offenses, and other acts that might be considered methods for opposing the occupation and its policies,” the experts said as quoted by Al Jazeera English as well.
Another part of this statement states: This system also turns a blind eye to the violence and crime of the settlers and allows them to expand their actions with impunity. “Since the beginning of the occupation, the Israeli military has either taken part in or failed to protect Palestinians from violent settler attacks in the occupied West Bank, including, extrajudicial killings, forced displacement, property damage, destruction and unlawful appropriation, discrimination, harassment, and threats.”
UN experts who issued the statement include Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; and Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967.
The experts were concerned that an order posted by the Israeli military on its website on 29 May transferred responsibility for dozens of bylaws at the Civil Administration – the Israeli body governing in the West Bank – from the military to pro-settler officials led by Finance Minister Bezalel Smotrich. The experts recall 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, dissolve the military court, and ensure the right to fair trial in the occupied West Bank,” the experts said.
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