Palestine - Report of the UN Fact Finding Mission on the Gaza Conflict: The ICJ urges end to impunity

The International Commission of Jurists welcomed today the release of the report by the Fact Finding Mission on the Gaza conflict presented to the Human Rights Council pursuant its resolution S-9/1 (A/HRC/12/48). Its report comprehensively assesses the major violations of international law and incidents allegedly including war crimes and crimes against humanity committed during the war in Gaza by Israel, and to some extent also by the Palestinian armed groups.

Palestine - Israeli Military operations in Gaza must stop; civilians must be protected

The International Commission of Jurists (ICJ) today called for an immediate end to the 12-day Israeli Military operations in Gaza that have claimed lives of more than 660 and wounded some 3.000 Palestinians. Nine Israelis have also been killed during these operations. Many of the victims have been civilians.

"Palestinian civilians continue to pay the heaviest toll in operations that appear replete with violations of international humanitarian law"," said the ICJ. "Many attacks have been indiscriminate or disproportionate, and Israel has failed in its legal obligation to take constant care to spare civilians and civilian objects from attack."

Palestine - THE ICJ CALLS ON THE PALESTINIAN AUTHORITY TO ABOLISH THE DEATH PENALTY AND TO COMMUTE THE EXECUTIONS OF THE DEATH SENTENCES IMPOSED BY MILITARY COURTS

In a letter sent today to the President of the Palestinian Authority, the International Commission of Jurists (ICJ) called on the Palestinian Government to abolish the death penalty, to commute the executions of the death sentences imposed by the military courts in Gaza and the West Bank, and to reform the Palestinian legislative framework in order to bring it in line with international human rights standards.

On 20 July 2008, a military court in Gaza sentenced to death Mr. Eyad Ahmed Diab Sukkar for carrying out "hostile activities against Palestinian revolutionists and military operations of the Palestinian revolution," in violation of article 131 of the Palestinian Revolutionary Penal Code of 1979. During the last year, five other Palestinians have been sentenced to death by military courts in Gaza and the West Banks for similar charges.

Palestine - Attacks on Justice 2005 - Palestine

The Basic Law was enacted in May 2002 and amended in March 2003 to ensure separation of powers and judicial independence. The Formulation of the Regular Courts Law was adopted in May 2001 and the Judicial Authority Law in May 2002. This unified the judicial structure, including prosecution, in both the West Bank and the Gaza Strip after more than 50 years of separation. In May 2003, the judicial administration was re-organized by redefining the constitution of the High Judicial Council. The first council of the unified Palestinian Bar Association was elected in July 2003. Elections for a second mandate were held in April 2005. Yet the judiciary faces fundamental problems, including conflict among judicial actors, slow court proceedings, executive interferences and failure in executing court decisions. Attacks on judges and prosecutors are frequent. There is as yet no mechanism to monitor judges. Appointments are often based on nepotism. Despite new judicial appointments in July 2002 and August 2003, there is still an acute shortage of judges and an increasing caseload. Salaries of judges and prosecutors were increased in 2003. State Security Courts were finally abolished in July 2003. The Israeli closure of Palestinian areas since September 2000 has negatively affected the performance of the Palestinian judiciary.

Palestine - Israel - 7th Session of the UN Human Rights Council: ICJ Intervention on the Human Rights Situation in Palestine and Other Occupied Arab Territories

The International Commission of Jurists (ICJ) in its intervention of 6 March 2008 expressed concerns at Israel's indiscriminate and disproportionate use of force in violation of international humanitarian law and Palestinian armed groups' continuous indiscriminate attacks on military and civilians by firing of rockets in southern Israel, which violate international humanitarian law. In addition, the ICJ condemned Israel's siege on Gaza. As the ICJ concluded its mission to Israel and the West Bank that day, it also shared its concerns at the Israeli settlements, the rule of law and human rights situation in the Occupied Palestinian Territories (OPTs) and the emergence of two different and separate legal systems in the OPTs.

Palestine - Israel - Global inquiry concludes assessment of counter-terrorism laws, policies and practices in Israel and the Occupied Palestinian Territories

Members of the Eminent Jurists Panel on Terrorism, Counter-terrorism and Human Rights concluded their visit to Israel and the occupied Palestinian Territories today. The Panel, an independent group of eight jurists appointed by the International Commission of Jurists (ICJ), is conducting a global inquiry on the impact of terrorism and counter-terrorism measures on the rule of law, human rights and humanitarian law. It was the sixteenth and final visit of the Panel, which will issue its global report in 2008.

Palestine - The human rights situation in the occupied Palestinian territory - Special session of the Human Rights Council

Speech by Nicholas Howen, Secretary-General of the International Commission of Jurists, on the human rights situation in the occupied Palestinian territory.

Palestine - Occupied territories : collective punishments, destruction of property and taking of hostages are war crimes under international law

The ICJ is extremely concerned by the destruction of infrastructure and collective punishments carried out by Israel in the Gaza Strip, and by the kidnapping of an Israeli soldier last Sunday by Palestinian armed groups. Such acts can amount to war crimes for which individuals can be held criminally responsible. The ICJ calls on both parties to respect basic principles of international humanitarian law and reminds all States Parties to the Geneva Conventions of their legal obligation to ensure respect for the Conventions.

Palestine - Occupied Territories: fight against terrorism used to split families and violate right to family life

The International Commission of Jurists (ICJ) today called on the Knesset to repeal a law that prevents Palestinians from the Occupied Territories being united with their Israeli spouses after a small majority of judges (6-5) upheld the law on 14 May.

Palestine - 60th session of the UN Commission on Human Rights, March-April 2004: Joint statement submitted during the Special Sitting

At the 60th session of the United Nations Commission on Human Rights, the International Commission of Jurists (ICJ), together with Al-Haq, Al-Mezan, FIDH, Habitat International Coalition & Housing and Land Rights Network (HIC-HLRN), Norwegian People's Aid and the World Organization Against Torture submitted a joint statement during the Special Sitting.

Palestine - 60th session of the UN Commission on Human Rights, March-April 2004: ICJ Statement on the Question of the Violation of Human Rights in the Occupied Arab Territories

At the 60th session of the United Nations Commission on Human Rights, the ICJ participated to the general debate under item 8 on the question of human rights in the occupied Arab territories.

Palestine - Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory : Request for Advisory Opinion

The International Federation for Human Rights (FIDH) and the International Commission of Jurists (ICJ) release a memorandum on the legal consequences of the construction of the barrier/wall between Israel and the Palestinian Territories. This document is published on the occasion of the first day of the hearings before the International Court of Justice in The Hague ( Request for Advisory Opinion on the Legal consequences of the construction of a Wall in the Occupied Palestinian Territory).

Palestine - ICJ Condemns Detention of Palestinian Lawyer

In an intervention addressed today to the Israeli Government, the ICJ's Center for the Independence of Judges and Lawyers (ICJ/CIJL) condemned the arbitrary arrest and on-going detention of Daoud al-Dir'awi, a Palestinian lawyer. It is alleged that Mr. al-Dir'awi has been tortured while in detention.

Palestine - Expert Opinion on the Transfer of Westbank Residents Facing Deportation

On 26 August, the High Court of Justice of Israel heard the beginning of oral arguments by lawyers for Kifah and Intisar Ajuri and Abdel Nasser Asida. The three petitioners are relatives of persons accused by Israel of having carried out acts of terrorism. While the petitioners have not themselves been charged with any criminal offence, the Israel Defence Force (IDF) is seeking to deport them from the West Bank, where they are resident, to Gaza. The ICJ considers that the deportation, if carried out, would amount to an act of collective punishment and would contravene a number Israel's international legal obligations. The ICJ has therefore prepared an expert legal opinion which was submitted to the Court by lawyers for the Hamoked Center for the Protection of the Individual and the Association for Civil Rights in Israel, who are representing the petitioners before the Court. The text of this expert opinion is reproduced below.

Palestine - Attacks on Justice 2002 - Palestine

The Palestinian judiciary is largely under-resourced and subject to frequent political attacks and executive pressure. Judges are overworked and underpaid. Competing sources of law and overlapping court systems with conflicting jurisdiction give rise to confusion and instability within the judiciary. State Security Courts remain the primary concern, with trials occurring at night and without appropriate safeguards to ensure a fair trial. The Palestinian Authority operates in the absence of a constitutional framework guaranteeing the fundamental principles of human rights and the separation of powers.