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Natasha Jackson, along with Darrly Hutcheon (at Matrix Chambers), conducted trial observations in the Israeli Military Courts in 2023. They have now published their report on the outcome of those observations, and the compliance of the Military Courts with standards of International Humanitarian Law (IHL) and International Human Rights Law (IHRL).
The Israeli Military Courts in the West Bank were established in 1967. Two principal courts are currently in operation: one in the Ofer military base north of Jerusalem and one in the Salem military base near Jenin. There are at least four other “satellite” Military Courts in the vicinity of Israeli Security Agency facilities in the West Bank and in Israel. Around 9,000 people have been arrested in the West Bank since the tragic events of 7 October 2023, which has given rise to increased international scrutiny and concern about the operation of the court system.
Natasha and Darryl spent three weeks in the Occupied West Bank, visiting the courts, reviewing case files and interviewing court-users. Their report sets out the results of their observations, and makes eight findings:
1. That the range of activities which are criminalised under Israeli military law, and prosecuted in the military courts, appears to exceed the limits set by IHL.
2. That the courts appear to lack independence and impartiality.
3. That pre-charge and pre-trial detention are used presumptively, and without proper justification.
4. The court system fails to ensure that defendants can properly understand proceedings, which are routinely conducted in Hebrew (which most defendants do not speak) without any or adequate translation.
5. The courts fail to facilitate the rights of defendants to maintain family links.
6. The right to regular and confidential access to legal advice is systematically violated.
7. Detainees are routinely transferred out of the Occupied West Bank, in clear violation of the Fourth Geneva Convention.
8. Nearly all cases were resolved by way of plea bargains, despite there being no reason to believe that military court defendants are more likely to be guilty than defendants in other criminal jurisdictions.
This report will sit alongside the growing body of work and ongoing legal proceedings at an international and domestic level concerning adherence to IHL, IHRL and international criminal law in the Occupied Palestinian Territories.
The Report can be accessed here.
