A/HRC/12/48
page 59
C.
Relevant political and administrative structures in
the Gaza Strip and the West Bank
210. The Palestinian Legislative Council is the legislature of the Palestinian Authority; a
unicameral body with 132 members, elected from 16 electoral districts in the West Bank and
Gaza. Its initial composition, whose normal cycle is four years, was 88 members. In accordance
with the Oslo Accords, the first Palestinian elections took place in 1996 under the supervision of
international monitors. In 2000, a second round of planned elections did not take place due to the
flaring-up of the second intifada. In January 2006, the second general polls took place. The
elections resulted in a majority for the List of Change and Reform.65 On 29 June, days after the
capture of Gilad Shalit, the Israeli armed forces in the West Bank arrested eight Palestinian
Government ministers and 26 members of the Palestinian Legislative Council.66 The Council has
been unable to operate since, as the continued detention of its members means it cannot achieve
a quorum.
211. The Palestinian Basic Law was developed to function as a temporary constitution for the
Palestinian Authority until the establishment of an independent State and a permanent
constitution for Palestine can be drawn up. The Basic Law was passed by the Palestinian
Legislative Council in 1997 and ratified by the President of the Palestinian Authority in 2002. It
has been amended twice: in 2003, the political system was changed to introduce a prime minister
and, in 2005, it was amended to conform to the new Election Law.67 The legal system comprises
a body of laws and decrees which include those remaining from previous centuries – Ottoman,
British, Jordanian (in the West Bank), Egyptian (in the Gaza Strip) and Israeli – and legislation
introduced by presidential decrees and laws passed by the Palestinian Legislative Council.68
212. In the jurisdiction of the Palestinian Authority, the court system comprises Magistrate
Courts, dealing with misdemeanours; Courts of First Instance, dealing with more serious crimes
and appeals against judgements handed down by Magistrate Courts; Appeal Courts, which hear
appeals against judgements of the Courts of First Instance; and the High Court, which provides
the highest level of appeal. A Supreme Criminal Court was set up in 2006 to try crimes such as
murder, abduction, rape, so-called honour crimes and attacks on national security. Military
Courts hear cases involving members of the security forces and apply the 1979 PLO
Revolutionary Code. The Attorney General and the prosecutors investigate and prosecute crimes,
oversee the legality of detentions and investigate complaints by detainees. The Attorney General
and the judges are nominated by the Higher Judicial Council, which is headed by the President of
the High Court, but appointed by the Palestinian Authority’s President.69 Since June 2007, the
Gaza authorities have restructured the judiciary in violation of Palestinian laws. To replace
65
The name of the list on which Hamas representatives ran for election.
66
See chap. XXI.
67
The Palestinian Basic Law: http://www.palestinianbasiclaw.org
Amnesty International, “Occupied Palestinian Territories torn apart by factional strife”, available at:
http://www.amnesty.org/en/library/asset/MDE21/020/2007/en/dom-MDE210202007en.html.
68
69
Ibid.
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