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Numéros en texte intégral

  1. La justice transitionnelle, refuge de la paix entre Israéliens et Palestiniens
  2. Islamist Organizations
  3. {{ content.sub_title }}
  4. History of Palestine

That was at the very same conference at which EU Ambassador to Israel was participating alongside settler leaders. It is seriously alarming when government ministers anywhere make such threats against human rights defenders and members of the public. The struggle for justice in Palestine is gaining ground in European civil society — and so is the fear among the Israeli government and its allies.

The BDS movement is anchored in the Universal Declaration of Human Rights and rejects, accordingly, all forms of racism and discrimination on the basis of identity, including anti-Semitism. Regardless of their position on BDS, human rights organizations and citizens of the world who care about civil rights and human rights have to take a clear stand to defend the right to advocate for BDS as a matter of conscience and free speech and a nonviolent means of civil society to advocate the fundamental rights of the Palestinians.

Israeli participants in Horizon Dual use and misuse of research results in the case of EU funding to Israeli military and security companies.

Will Europe address Israeli Colonialism and Apartheid? This was resented by the people, particularly in regard to criminal cases, causing increasing distrust of the local population for the judicial system. During the field research, representatives of the informal justice system confirmed that their role expanded under Israeli occupation.

La justice transitionnelle, refuge de la paix entre Israéliens et Palestiniens

In Circular no. Recourse to these institutions was considered illegitimate by the intifada while recourse to conciliation committees was considered as part of the struggle against occupation. The first legislative elections, held in , were carried out by districts rather than on a national basis, and encouraged voting along tribal and kinship lines; the majority system, as pointed out by Robert Terris and Vera Inoue-Terris [ ], gave better chances to candidates who relied on their personal reputation, family relations, or tribal connections rather than on political programs or party affiliations.

The governor, police and other security forces often facilitated the work of conciliation committees. One can suspect that this was done by PA officials in order to strengthen their power and social control, by enhancing their local standing and influence.

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Robert Terris and Vera Inoue-Terris [ ] even suggest linking this kind of government with Arab culture. Its security forces and administrative apparatus do not even have access to all the Occupied Palestinian Territory, especially in East Jerusalem. I may even go further and argue that customary law and informal justice served the PA as an informal space through which it extended its authority over Palestinian people and land, given the impossibility of controlling the formal or state system, still largely under Israeli control.

If the victim forgives the perpetrator, this is also considered a reason to stop the case in its tracks and to suspend the punishment imposed if a final ruling has not been reached, and if the case was based on a personal claim. The Criminal Procedure Law no. Its impact is of a different nature, though.

Islamist Organizations

First, the central state bureaucracy, officials and security forces play a determinant role for representatives of informal justice, as facilitators. Second, state law, formal justice processes, and official documents provide elements useful for parties to bargain over their rights and duties in an informal justice setting. Tribal conciliation often failed to stop the violence, for good. The launching of a conciliation process or even the agreement over final tribal conciliation did not always prevent parties to the conflict from retaliating and taking revenge in the future. When the brother of the aggressor showed up in the village, brothers of the victim cut off his hand and caused further complication in the conciliation process.

In the same case, the family of the victim took revenge by killing their former brother-in-law despite the final conciliation reached eleven years earlier.

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Tribal judges and conciliation committees in most cases issued rulings and decisions, dealt with facts, distributed rights and imposed obligations. Although mostly taking the form of monetary fines, sanctions may go beyond that. In most cases, most parties confirmed that conciliation did not achieve justice. And, most importantly, why do concerned parties continue to abide by their rulings? I believe it is not possible to give exhaustive answers based on the available data.

It is possible, nevertheless, to exclude two potential explanations: from the analysis of the case studies it is possible to conclude that, first, the recourse to informal justice and the acceptance of tribal solutions is not always genuine and free of pressure, and second, that the parties do not always comply with its rulings. However, the binding effect of the decision, in my view, does not derive from the decision of the conciliation committee but from the endorsement and acceptance of the jaha representing the party in the dispute.

The family, not the members of the conciliation committee itself, is what counts for the party to the dispute. No individual needs to risk the exclusion of his own family if the decisions are not respected. Inclusion means protection, exclusion means fragility and no one wants to be left out. In other words, tribal solutions are often formulated in accordance with the balance of power. Tribal conciliation, indeed, shows a relatively high degree of internal conformity [Fares and Khalidi ]. However, case studies suggest very clearly that there is always a margin for bargaining.

This is the case for both state and non-state law.

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  • Foreign relations of the State of Palestine;
  • Admitting that the state is not the only producer of norms, does not lead to legal immobility. The state is not, and cannot be, indifferent to non-state law. The examination of the case studies, in fact, shows a blatant contradiction between on the one hand non-state law, and on the other hand state law and the basic principles on which modern states are constructed. The principles of the individual nature of punishment and the banning of collective punishment are undermined by the practice in informal justice of imposing collective exile from the place of residence.

    The principle of the presumption of innocence, which is the basis of modern criminal law, is also undermined by the weight of accusations in informal justice, where the issue of responsibility is left to be determined not by evidence but by the capacity of each party to convince the other of its position. The issue here is not only justice but also fairness. This applies for both victims and perpetrators. A negligent driver that causes the death of an innocent victim may end up being released without any punishment. At the same time, an innocent person, presumed perpetrator of a certain action, may suffer penalties, even if deemed not guilty by state courts.

    As stated above, economic and social status, political affiliation and sex matter for the determination of the outcome. The development of a Palestinian civic consciousness based on human rights and individual freedom makes it impossible for certain non-state norms, applied by informal justice, to retain their legitimacy. This is not only true of non-state produced norms, but also of the state, which therefore needs to be revised and reformed continuously in order to accommodate the tenets of democratic governance that incorporate basic human rights and freedom; gender inequality can be cited as an example.

    Ignoring the legal mosaic or legal map would give only an obscure idea of the legal reality in the WBGS. Legal reform aiming at building democratic institutions and at enhancing the rule of law in the WBGS that does not consider non-state law would hence be insufficient and would necessarily fail. General Section. Albrecht ed. Gilissen, John ed. Brussels, University of Brussels.

    History of Palestine

    Hooker, Barry M. Oxford, Clarendon Press. Sarat ed. Malden, Blackwell Publishing: Cambridge, Cambridge University Press. New York, Harper and Row. Tamanaha, Brian Z. Gilissen ed. Formally registered in Paris, two-thirds of its members live in the Arab world and the remaining third in Europe. The board includes Tunisian human rights activist and interim president of Tunisia Moncef Marzouki, an intellectual belonging to the Arab Left, who connected himself with the Muslim Brotherhood by promoting their human rights in the Arab world.

    Haytham Manna, a medical doctor and intellectual originally from Syria, helped create the ACHR, becoming its spokesperson. Manna said that samples were collected from the Gaza Strip to check if they contained prohibited weapons and sent to labs in Europe. In addition, as a Syrian dissident, Manna has been involved in the attempts to bring democracy to the country. Search for:.

    His presentation was preceded by that of the late Ahmed Huber, a Swiss neo-Nazi and Islamic convert who for many years cooperated with the Brotherhood affiliates in Europe, and was one of the founders of their Bank Al-Taqwa.