Signed
by the Israeli military commander, Gen. Nitzan Alon, this week, the
military ordered the applicability of the effect of the principles of
the Israeli Penal Code (Amendment 39) on the Palestinian detainees, amid
allegations of the Israeli Ministry of the judiciary that comes to
considerations of defending the rights of Palestinian prisoners, despite
fears that it explains the that annexation of Palestinian land. The amendment does not take into account the Palestinian local laws and judicial terminology of the Palestinian Authority.Since the occupation of the West Bank and Gaza Strip, Palestinians were going on trial in military courts under "security legislation", which is a complex mixture of emergency Jordanian criminal law and military orders from the Israeli army command systems.
According to the newspaper "Haaretz" the military prosecutor sought to regulate the laws that apply in the West Bank, and work began 10 years ago to prepare for the entry into force of the Israeli criminal law on the Palestinians.
Even the entry into force of the Israeli criminal law, on the first of June, the Palestinians will continue to prosecute under existing laws in military courts.
According to the newspaper, the importance of the new command in the base is legal, as it is on the ground, the aspects of the amendments have been adopted in the former judges of the court decisions, but still remained the difference between Israel and the occupied territories everything related to the definition of irregularities itself and systems arrests and punishments, It is not in favor of Palestinian detainees in the majority.
Israeli Ministry of Justice claimed that there were fears of a move considered as the annexation of Palestinian territories. It also claimed that the "defense of the rights of the accused considerations" are likely cuff.
The beneficiary of that so they are accused of "committing related crimes," such as providing assistance to criminal offense where the sentence will be reduced by half. Note that reservations have been added to that, at the request of the Shin Bet cancel the item, which lowers half penalty.
It also conducted a central amendment did not exist a "modified Dromi Act of 2008", which exempts any person from criminal responsibility if immediate seeks to exclude from breaking into or entering a residential house or interest or a farm, whether it is him or to others ", which considered that would allow the Palestinians to repel attacks by settlers on their homes without incurring any criminal consequences.
It should be noted that the generals command center in the Israeli army issued during the years around 1751 military order relating to the imposition of law in the Palestinian territories, some relate to different offenses and penalties that include in-law.
The newspaper also pointed out that in the year 1994, and the initiative of Prof. Mordechai Krmientsr, age in Israel "amendment 39 of the Penal Code", which is known again foundations offense, including criminal thinking, psychological basis, and neglect, and the definition of the term "attempt to commit the offense", the definition of port roles and assistant, and exemptions for minors under the age of 12 years of criminal responsibility, and not the validity of the trial, and the loss of control, and defense required by the need or necessity or justification defense and others.
It was learned that preparation for the entry into force of the Israeli criminal law has lasted 10 years, and that the main factor in the delay is the opposition to the Shin Bet, where he focused the debate is mainly about the exemption as a result of the expression of regret by the detainee, as well as different definitions for those who are pushing for a foul, and assists in its commission. Shin Bet claims that "these definitions do not fit the nature of terrorist cells in the Palestinian territories."
As he came in the wake of the deliberations in the Ministry of Justice, the Shin Bet drop his opposition. Gen. Nitzan Alon and signed it on Tuesday.
It quoted "Haaretz" for attorney Smadar Ben-Natan, by looking at the military law, saying that the move a positive impact in a very clear definitions, but on a larger scale there is a problem in that this amendment is not within reach of the Palestinian lawyers Palestinians and the defendants, which will bring with him precedents and terms curious about them.
She added that the amendment continues the process of activation of foreign law in the Palestinian territories manner that does not take into account the possibility of using local Palestinian law and the terms of the Palestinian Authority.
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