ICHR appreciates promulgation of the Law by Decree on Formation of the Military Court of Appeals

Ramallah - The Independent Commission for Human Rights (ICHR) asserted that formation of the Military Court of Appeals provides an additional safeguard and is an important step towards maintaining guarantees of fair trial of security personnel.

In a letter to Major General Ismail Farraj, Chairman of the Military Justice Authority and Presiding Judge of the High Military Court, the ICHR expressed its appreciation of the efforts he had made to seek the enactment of the Law by Decree No. ( ) of 2016 on the Amendment of the 1979 Revolutionary Penal Procedure Law. On 29 December 2016, the Decree by Law was promulgated by the President of the State of Palestine, Chairman of the Executive Committee of the Palestine Liberation Organisation and Commander-in-Chief of the Palestinian Security Forces. The ICHR also stressed the need for continued efforts to improve the legislative framework of military justice in Palestine.

Premised on the 1979 Revolutionary Penal Law and Penal Procedure Law, the Military Justice Authority is competent of prosecuting security personnel. On numerous occasions, the ICHR criticised both laws because they are not consistent with the State of Palestine’s human rights obligations under the international conventions, which Palestine acceded to.