The Framework of the Right to Defence in Palestine: Legal Rationale and Practical Implementation

in International Criminal Law Review
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Despite Palestine’s endeavour to seek full UN membership and herewith gain the support of the international community, strong tendencies towards violating basic fair trial principles can be observed on the ground. This article provides an in-depth exploration of the current Rule of Law building efforts in the occupied Palestinian Territories by an exemplary analysis of the status of the right to defence. The study examines the legal situation of the right to defence in Palestine and how those regulations are interpreted and applied in everyday practice. Considering recent developments of access to legal defence and legal aid on the UN and EU level, this article demonstrates the importance of granting comprehensive access to defence as part of the rule of law building efforts, and also underlines the necessity of its application during the early stages of criminal procedure.




World Bank, Four Years – Intifada, Closures, and Palestinian Economic Crisis: An Assessment, Washington, DC, 2004, p. 64.


John Pearson, ‘Transforming the Moldovan Prosecution Service: Can the Eyes of the State Become the Voice of the People?’, Int. Crim. Law Rev. 12 (2012) 491 et seq.; Tobias Pietz and Leopold von Carlowitz, ‘Ownership in the Practice – Lessons from Liberia and Kosovo’, Forschung DSF 29 (2011) 17.


Zenon Stavrinides, ‘Human Rights Obligations under the United Nations Charter’, The International Journal of Human Rights, 3 (2) (1999) 38–48.


Palestinian Basic Law, supra note 25.


Palestinian Basic Law, supra note 25.


Jan A. Scholte, ‘Civil Society and Democratically Accountable Global Governance’, Government and Opposition 39 (2004) 211–233.


Law no. 3 for the year 1999, regarding the legal profession from 24 June 1999, published in the Palestine Official Gazette, issue no. 30.


Law no. 5 for the year 1999, published in the Palestine Official Gazette, issue no. 32.


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