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Title: Restorative justice capacities in Middle Eastern culture and society: towards a hybrid model of juvenile justice in Palestine
Authors: Qafisheh, Mutaz
Wardak, Ali
Keywords: Hybrid model, restorative justice, non-state justice, Palestine, Middle East
Issue Date: 2019
Publisher: Eleven International Publishing, The Hague
Citation: Mutaz Qafisheh and Ali Wardak, 'Restorative justice capacities in Middle Eastern culture and society: towards a hybrid model of juvenile justice in Palestine', International Journal of Restorative Justice, Vol. 2, No. 1, 2019, 93-117.
Abstract: Alongside the state juvenile justice system, various forms of non-state justice providers are strongly prevalent in Palestine. Although the state juvenile justice has evolved into a modern system, it lacks adequate human, professional and infrastructural capacities to provide effective justice to all children. This field research has identified key non-state justice providers in Palestine and reveals that they are more accessible and speedy and also place more emphasis on peacemaking and reconciliation than the state justice system. It also reveals that in the processes of justice dispensation, occasional violation of children’s rights takes place within some of the male-dominated non-state justice providers. In order to minimise rights violation, while capitalising on the restorative capacities of non-state justice providers, a ‘hybrid model of juvenile justice in Palestine’ has been developed and is proposed. It is argued in this article that the ‘hybrid model’ not only promises to provide a coherent framework of links between Palestinian state juvenile justice and non-state justice providers, but also has the capacity to minimise rights violation through proposed internal and external oversight mechanisms. It is further maintained that translating the hybrid model into practice may result in the provision of more accessible, inclusive and restorative juvenile justice to all children in Palestine.
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