The Bar Human Rights Committee of England and Wales (BHRC) has released its findings on the Israeli military court system in the West Bank, highlighting grave concerns about its compliance with international law. Based on observations conducted in early 2023, the report reveals systemic violations of the Fourth Geneva Convention (GCIV) and international human rights law (IHRL), emphasizing the urgent need for accountability and reform.

The report identifies critical issues within the military court system, including its lack of independence and impartiality, routine use of pre-trial detention without justification, and the significant barriers faced by Palestinians in accessing fair legal representation. Detainees are transferred unlawfully to facilities within Israel, contravening international law. Additionally, the overwhelming reliance on coercive plea bargains underscores the court system’s inability to ensure justice.

Since its establishment in 1967, the military courts have processed over 800,000 Palestinians, including tens of thousands of children, under discriminatory and oppressive laws. This dual legal system subjects Palestinians to military regulations while Israeli settlers in the same territory are governed by Israeli civil law. The report also highlights the recent escalation of mass arrests and administrative detentions following the events of October 7, 2023, amidst rising settler violence.

For over 30 years, Addameer has meticulously documented the systemic violations inherent in the Israeli military court system. Addameer’s research and advocacy have exposed the widespread use of administrative detention, torture, and other forms of inhumane treatment faced by Palestinian detainees. Addameer’s work has highlighted the ways in which the military courts are designed to suppress anti-occupation actions and maintain control over the occupied population. The findings of the BHRC report align with Addameer’s decades-long documentation of these abuses.

The report highlights several critical issues regarding the treatment of Palestinian detainees under the Israeli occupation’s military courts.

One major concern is the lack of independence and impartiality in the Israeli military court system. These courts operate under the control of the occupying military forces, with no meaningful separation of powers or judicial independence, undermining the fairness and legitimacy of the trials.

Another issue is the routine use of pre-trial detention. Pre-trial detention is applied in almost every case without proper justification, which violates the rights of defendants under international law. This practice places Palestinian detainees in prolonged detention without a fair trial, further exacerbating their legal challenges.

Barriers to legal representation also pose a significant problem. Palestinian detainees face restricted access to legal counsel, with limited opportunities for private consultation. This restriction compromises their ability to mount an effective defense and weakens their right to a fair trial.

Moreover, defendant exclusion is prevalent in these military courts. Many Palestinian detainees, whose primary language is Arabic, are unable to fully participate in their hearings due to inadequate translation services and courtroom practices. This lack of proper translation further isolates defendants and diminishes the fairness of their trials.

Lastly, the report addresses the issue of unlawful transfers. Thousands of Palestinians are transferred to detention facilities inside the Occupying State, which contravenes the Fourth Geneva Convention that prohibits such actions. These transfers not only violate international law but also cause additional hardships for detainees, including separation from their families and communities. In Addameer’s 2021 report, In the Case of The Palestinian People vs. Military Courts, it was stated that “now more than ever is a time for the international community to abide by its responsibilities under international law and uphold its legal and moral commitment to reclaim and foster the protection of Palestinian human rights within the larger framework of the right to self-determination. The international community must end its continuous silence and hold the Israeli occupation accountable for the various grave breaches of international human rights law and humanitarian law to maintain international peace and justice, for the sake of the Palestinian people, including Palestinian political prisoners, quest for liberty, justice, and dignity.” These demands could not be any truer even 3 years later after more than a year of an ongoing genocide against our people and mass arrest campaigns being carried out by the occupation. We reiterate our demands and include the complete dismantlement of military courts and holding the perpetrators accountable for war crimes.