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Title: Human Rights at the Time of Transition: How Security Forces Can be Held Accountable in a Divided Community?
Authors: Qafisheh, Mutaz
Keywords: Security Forces, Empirical Qualitative Research, Sociology of Law, Human Rights, State of Palestine, International Law, Accountability, Military Courts, Administrative Oversight, Security Sector Reform, Law in Palestine, International Criminal Court
Issue Date: 9-Jan-2020
Publisher: Oxford University Press
Citation: Mutaz Qafisheh, 'Human Rights at the Time of Transition: How Security Forces Can be Held Accountable in a Divided Community?', Journal of Conflict and Security Law (2020), 1-37, krz031,
Abstract: The Palestinian Authority has established various mechanisms to monitor its security forces and hold them accountable over human rights violations. This article explores and assesses the accountability measures that deal with the human rights abuses arising from the excessive use of force in light of international standards, particularly human rights treaties that Palestine has acceded to in recent years. The use of force may occur in different contexts, including during demonstrations, while enforcing the law against criminal acts, searches, lawlessness, in detention, interrogation, investigation and in prisons. The article traces the accountability processes that arise in such circumstances. Alongside reviewing domestic legislation and cases as well as citing relevant literature, the article employs empirical qualitative field research approach by conducting a series of interviews with senior security officials, particularly top commanders and those in charge of accountability within the government and security agencies along with NGOs, experts, academics and field-based international institutions.
Description: This is a peer-previewed article, published by Journal of Conflict and Security Law, Oxford University Press.
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