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The judicial arm of the occupation: the Israeli military courts in the occupied territories

30-06-2007 Article, International Review of the Red Cross, No. 866, by Sharon Weill

Since the beginning of the Israeli occupation more than 200,000 cases involving Palestinian civilians were held before military courts. This article aims to examine the preliminary issue of territorial jurisdiction. Through the analysis, a process of judicial domination is revealed. It is a domination that facilitates extensive control of the military authorities over the Palestinian civilian population through its judicial arm.

   

Sharon Weill
is a Ph.D. candidate in International Law at the Geneva academy of international humanitarian law and human rights and is working on a research project at the University Centre for International Humanitarian Law. 

 
Abstract 
Since the beginning of the Israeli occupation more than 200,000 cases have been brought before military courts, where Palestinian civilians have been prosecuted and judged by the military authorities. However, despite the large number of judicial decisions, this jurisprudence has not received the attention it merits. Academic researchers and NGOs have usually examined the procedural rights of the accused and have only rarely dealt with other legal matters. This article aims to examine the preliminary issue of territorial jurisdiction. Through the analysis a process of judicial domination is revealed. It is a domination that facilitates extensive control of the military authorities over the Palestinian civilian population through their judicial powers.  

   
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