Human Rights and Procedural Justice: a Case Study of Israeli Military Courts
As part of the outreach component of the Security Sector Reform Project, the Institute of Law held a meeting on "Human Rights and Procedural Justice: a Case Study on the Israeli Military Courts" on Monday, 30 March 2009 in which the human rights expert and advocate, professor Bill Bowring, has participated.
The importance of this encounter comes from the fact that the most important guarantees of a fair trial are that the arrest, interrogation procedures, arraignment, trial and sentencing procedures are fair. In addition, no form of torture should be used, or any abuse of power in the judicial system.
Professor Bowring commenced by comparing the Israeli occupation to the British occupation of Iraq in 2003, emphasizing the illegality of the two occupations. He placed the responsibility on the British for allowing Israel to occupy the Palestinian territories and the consequences of that since the Balfour Declaration.
He pointed out that the Israeli military courts system derives its legal sources from 4 legal tools: the Geneva Convention of 1949, British Emergency Law of 1945, different Jordanian legislation from 1948-1967 and the Israeli military orders, providing an overview of the details of these laws.
Professor Bowring stated that the Israeli courts are kangaroo courts and that 95% of the courts are courts of appeal implementing the British Emergency Law of 1945 against the Palestinians. This Law was issued in order to deal with the Jews during the British Mandate period.
Professor Bowring is a human rights lawyer, specializing in international law, Soviet law and Russian law who is working as a Professor of Law at Birkbeck College, the University of London since 2006, and is a founder of the European Center for the Defense of Human Rights.
The meeting was held in partnership with the Foundation for the Future.
