Amjad Al-Shalla to SadaNews: Military Justice Needs Fundamental Reform

Exclusive to SadaNews: The issue of military justice in Palestine stands out as one of the most pressing matters that calls for a radical review and urgent reform. The independence of the judiciary is not just a legal principle; it is the cornerstone for ensuring transparency and the integrity of trials. This was emphasized by the Secretary of the Palestinian Bar Association, lawyer Amjad Al-Shalla, in his statements to SadaNews, which carried a clear warning against the continuation of the current situation within the Palestinian Security Forces Judiciary.

Al-Shalla stated: "The most important pillar for the stability of the judiciary, its integrity, and the application of the principle of transparency is the principle of (independence). Therefore, the legal observations we receive almost daily regarding the security forces judiciary (military judiciary), with all due respect, can no longer be overlooked."

He added: "In the security forces judiciary, there are great and recognized judicial competencies with decision-making authority. As for the claim that the decisions of the judicial bodies and/or the military prosecution must ultimately be subject to the decision and authority of the head of the military judiciary, this is a blow and destruction to all forms of independence and strips the courts and military bodies of the essence of judiciary."

"Lawyer Amjad Al-Shalla urged the relevant authorities and stakeholders to work on correcting and making substantial amendments to all laws regulating the work of the security forces judiciary (military judiciary), and to work as quickly as possible to separate the judicial authority as judiciary and the military prosecution. Because in separating these two authorities: the military prosecution as an investigative and accusatory authority in its current form, from the judiciary which will decide between the parties to the case, namely between the military prosecution as a representative of the public right and the accused and their lawyers, who retain the presumption of innocence until a judicial ruling is issued. Otherwise, if the situation in the military judiciary remains as it is today, we will continue to revolve in the orbit of a single authority and a single decision-maker, namely the head of the authority only, stripping this authority of its prerogatives from all courts and judicial authorities, thus affecting their independence and the essence of their work as well."

Al-Shalla also clarified that everything that contributes to establishing the principles of the rule of law and increasing guarantees for a fair trial is at the core of a lawyer's work and is the primary and ultimate message of the Bar Association.