Please use this identifier to cite or link to this item: http://repository.aaup.edu/jspui/handle/123456789/2752
Title: The Intervention of the Reconciliation Committee’s (The Tribal Judiciary) and its Impact on Civil Peace and the Official Judiciary in Palestine رسالة ماجستير
Authors: Khalayleh, Bassam Hijeh Hassan$AAUP$Palestinian
Keywords: conflict resolution,civil peace,palestinian legislation,lawyers
Issue Date: 2018
Publisher: AAUP
Abstract: This study aimed to identify the role of tribal custom and reform committees and their impact on the official judiciary in Palestine. This study includes all segments of Palestinian society in addition to all workers in the official and tribal judiciary, in addition to a group of lawyers specialized in civil and penal law. In order to reach a clear view on this topic, I also chose some pending cases and cases that have been settled been in courts, which have been directly influenced by customary and tribal judiciary. The research also involved the conducting of interviews with a specialized segment of the formal judiciary and the statutory laws dealing with the reform and clan societies in Palestine, which were later, analysed in order to reach the result of the study. This study proved that the reform committees directly interfere in the job of the regular judiciary in Palestine by interfering in the conflict resolving the existing conflict, and closing the file in the regular courts or at the Public Prosecution stage. The study also demonstrated that Palestinian citizens trust the reform committees more than the official judiciary to solve their disputes. Additionally, the study showed that the various issues that citizens address to the reform committees in order to solve them are issues or problems that are criminal nature involving, honour violations and other issues. Because of the sensitive nature of the Palestinian society, itis difficult for the formal judiciary to solve these kind of disputes or the same matter before the formal judiciary would require a long time to issue a decision in these types of disputes, not to mention preserving civil peace between the litigants themselves during this time. The study also demonstrates the VI success of the reform and tribal judiciary committees in resolving disputes between citizens very quickly in a way that preserves civil peace and security among citizens at the lowest financial costs. Based on the results of the study, the researcher made several recommendations. First, the legislature, when he put a legislation related to the judiciary system, should be aware of and knowledgeable in the informal judiciary and its procedures, in order to avoid a violation of the law or interference with its powers. The study clearly shows that the representatives of the informal judiciary issued verdicts and made decisions that contradict with the basic law, legal principals, and the rules of justice. Some of which included collective punishment, such as deportation, or financial compensation, all in violation of the Personal punishment principles. Therefore, it is important to recommend an end to issuing such decisions, whoever issues it must be held legally accountable. Second, the study shows that the Provincial offices have decided on many cases and disputes in terms of keeping civil peace, whereas this action is not within the Governor’s jurisdiction. From this point, the legislature should legislate a law to specify the powers of the governor in a way that does not contradict with the independence of the judiciary and the principal of sovereignty of law. Also the researcher conclude from the study that the informal judiciary verdicts, are not allowed to be implemented by the enforcement courts. While this characteristic is enough to destroy the informal judiciary system. Accordingly, the legislature should VII legislate a law that allows the implementation of the informal judiciary decisions in the regular courts. In the same matter the study also notes that all the presidential resolutions that have been issued in order to organize and form the system of the reform committees in Palestine have been cancelled. Accordingly, the legislature must issue a decree or a law to regulate the work of the reform committees in Palestine. Additionally, one of the reasons the conflicting parties choose the reform committees to resolve their disputes is the lack of confidence in the judicial system, and the lack of practical experience of the judges due to their young age. Accordingly, the Supreme Judicial Council must develop the expertise of the regular judges through relevant courses in the customs law and legal laws that are used by the informal judiciary.
Description: master’s degree in conflict resolution
URI: http://repository.aaup.edu/jspui/handle/123456789/2752
Appears in Collections:Master Theses and Ph.D. Dissertations

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