Presumed Guilty: Failures of the Israeli Military Court System (2009)

The Israeli military court system has operated since its 1967 inception with frightening impunity. As an Occupying Power, Israel has the right under international humanitarian law to establish military courts in the OPT. However, applicable international human rights and humanitarian law restrict the jurisdiction of such courts, and guarantee certain fundamental fair trial rights. Moreover, it is questionable whether the use of military courts to try civilians can ever satisfy the requirements under international human rights law to a trial before an independent and impartial tribunal.