Human Rights Gaps in the Palestinian Criminal System: A United Nations Role?

Abstract

The Palestinian Authority has, thus for, no obligation under human rights treaties. The authority is not required, as such, to report to the United Nations treaty-bodies. People under Palestinian jurisdiction cannot resort to these bodies for remedies. Yet the Authority should not be left treating some four-million individuals without international supervision. Such supervision could be based on the general and customary law, soft international law, and the applicable domestic law in Palestine. This article evaluates the existing substantive criminal law, as a case-in-point regarding human rights deficiencies in the areas under the jurisdiction of the Palestinians. It offers ways of potential international monitoring over the Palestinian Authority's human rights performance. It provides an analysis with a view to bringing the Palestinian criminal system in line with international law. It focuses on the role that can be played by the United Nations human rights mechanisms, including the Special Procedures and the High Commissioner for Human Rights. The article tracks criminal law under five themes: capital punishment; torture; ‘honour’ crimes; security crimes; and restrictions on the freedom of association.