The Independent Commission for Human Rights -Palestine (ICHR) views with deep concern the continued grave violation of bringing civilians before the military justice system as well as unimplemented and/or delayed execution of civil court decisions by Palestinian security agencies. According to Article (106) under the Palestinian Basic Law, "Judicial rulings shall be implemented. Refraining from or obstructing the implementation of  judicial rulings in any manner whatsoever shall be considered a crime carrying a penalty of imprisonment or dismissal from position if the accused individual is a public official or assigned to public service." 

ICHR hereby confirms that the persistent practice of suing civilians before the Military Justice Authority infringes Directives issued by President Mahmoud Abbas on 16 October 2008. Addressing the Palestinian Preventive Security and General Intelligence Agencies, "civilians who are not affiliated with armed militias or who do not possess, store or use weapons to disturb public security may not be brought before the Military Justice Authority". The President‘s Directives correspond to an earlier ICHR legal memorandum. According to ICHR, most persons sued by the Military Justice Authority are civilians who should be brought before civilian courts and have not been charged of belonging to so called “armed militias”. 

The Palestinian Supreme Court of Justice has entered dozens of judgement rulings that the Military Justice Authority is not cognisant of detaining civilians. As it has unceasingly violated these judgements, the Military Justice Authority has in fact transgressed its exclusive military jurisdiction. Furthermore, it has impinged on the civil judiciary‘s genuine jurisdiction. Against this background, ICHR confirms and demands that:

1. Supreme Court judgements should be implemented immediately and without any further delay. According to the Palestinian Basic Law, disrespect of court judgements is a crime as it jeopardises the integrity of the judiciary and undermines public trust in the judiciary.
2. The Palestinian President is well advised to issue his instructions stating that the Preventive Security and General Intelligence Agencies must comply with the Presidential Directives mentioned above.
3. The Palestinian President is also well advised to instruct the Military Justice Authority to remit all cases submitted before it to civil judicial authorities.
4. Both the Palestinian Cabinet and the Ministry of Interior should meet their responsibilities and implement Supreme Court decisions in line with the efforts they make to enforce the law since the principle of the rule of law is indivisible and should be respected at all times.