Ramallah: A Palestinian judge from Jenin’s Magistrate Court was reassigned from his position as court’s judge after he unilaterally decided to start prosecuting Palestinians from 1948 areas for the first time.
According to the Oslo Accords, which were signed in 1994, the Palestinian Authority is not allowed to prosecute anyone who holds Israeli citizenship, including Palestinians. However, this has presented many challenges for the Palestinian Authority as many crimes are committed and the offenders are not prosecuted which encourages them to continue their crimes, often related to the drug trade and even murder.
These offenders are often released and sent home without being questioned.
If the Palestinian police do arrest any of the criminals, the Israeli regime intervenes and the Palestinian authorities are forced to release the detainee.
According to Palestinians, they say the Israeli regime does not prosecute the criminals upon their return, thus they believe that Israeli authorities support these crimes. By not prosecuting the criminals they are encouraging the criminals to repeat their offences.
Judge Ahmad Al Ashqar of the Jenin Magistrate Court hoped that his ruling could be replicated in other areas of the West Bank, to create a deterrence for Palestinians in 1948 areas who commit crimes.
His argument was that Oslo rulings were meant to last for five years and have technically expired. He also argued that now that Palestine is a recognised state in the UN General Assembly, it is in a position to punish those who commit crimes on its soil, regardless of their nationality.
Effective from today, Al Ashqar will not be allowed to review cases or pass verdicts. Observers see his reassignment as a punitive measure.
The Palestinians Higher Judicial Council did not say Al Ashqar was removed because of his move, but it did say that the Jenin Court did not have the authority to reject the Oslo Accords, stressing that such decisions should be made by the Palestinian leadership and not by a court.
