Dr. Hanan Ashrawi
January 19
With the ongoing crisis in the peace process and with Palestinian-
Israeli relations degenerating to the worst brutality of the occupier-
occupied equation, the last thing we need as Palestinians is
internal
disintegration.
It is imperative that Israel's policies and measures of
lawlessness,
including its imposition of a state of multiple siege, its shelling of
homes and indiscriminate shooting of civilians, and its systematic
assassination (extra-judicial killings) of field and political
leaderships not be internalized to become justifications for internal
distortions and violations.
More than ever now there is a pressing need to address issues of
public order, collective responsibility, and societal cohesiveness as
well as "normal" institutional behavior within Palestinian realities.
The most fundamental requirement for sustaining the very fabric of
life in Palestine is the enactment of the principle of the rule of
law, particularly in reforming and revitalizing an independent
judicial system and in ensuring due process in all cases.
From the mundane (such as compliance with traffic regulations),
through issues of personal property and safety, to the most volatile
question of treason and collaboration with Israel—Palestine and its
leadership are called upon to demonstrate a sense of responsibility,
restraint, self-discipline, respect for the law, and public service.
The Legislative Council (despite the dubiousness of its extended
mandate) must ensure effective and speedy legislation to respond to
(as well as to anticipate) the urgent emergency needs of a population
already traumatized by a massive Israeli military assault and
strangulation.
The different public institutions and governmental bodies are called
upon to intensify and upgrade their work to alleviate suffering and
deprivation and to protect the interests and well being of the
citizenry.
The judiciary, despite the multiple closure and lack of freedom of
movement, must act expeditiously to perform its functions and ensure a
genuine rule of law and due process.
The security forces are called upon to undertake their
responsibilities as law enforcement agencies, maintaining discipline
and compliance with the law.
MIFTAH has repeatedly called for the completion and upgrading of the
judiciary and the legal system, for the abolition of the military
State Security Courts and the abandonment of the death penalty, for
the establishment of transparent and accountable public institutions
based on professionalism and meritocracy, and for the enhancement of
democratic practices and respect for pluralism by establishing an
integrated and inclusive system of participatory governance (See, for
example, Key Issues: Violence and Retribution in Palestine,
Developments in the Palestinian Judiciary, Justice and the Palestinian
Judiciary).
It should come as no surprise that the absence of legal
accountability would lead to excesses (with impunity) on the one
hand, and to a degeneration into tribal, community, revolutionary,
popular, and even personal "justice" on the other hand.
In an attempt to protect itself from the inherent threat of such
crimes as collaboration (leading to the Israeli assassination of
national leaders) and in an attempt to punish the guilty, Palestinian
society has accepted (and in some cases pressed for) the
implementation of the death penalty. Under popular pressure, the PNA
activated the "instant justice" of the state security courts.
More alarming is the resort to "lethal retribution" against
collaborators by organizations and individuals who, in the face of
real threat, take the law into their own hands.
Despite the horror of the offense itself and its fatal consequences on
Palestinian security and well-being, countering Israel's illegal and
immoral recruitment and activation of collaborators to carry out its
policy of political assassinations should not take the form of
parallel "eliminations."
Nor should suspicion (or even proof) of corruption or abuse and
misuse of public position and funds be cause for violent, extra
judicial punishment.
Even during the first Intifada, Palestinians called for "Days of
Repentance" for collaborators in a process of political
rehabilitation and redemption. The acceptable penalty was one
of "ostracism" from society or community.
Although such measures did not always succeed, at least there was
awareness that popular revenge, settling of scores, or extra judicial
"justice" would lead to an internal unraveling of the social fabric.
With the presence of the PNA and its different institutions, this has
become even more urgent and compelling. The PNA must put its own house
in order and must ensure that all branches of government are
functioning effectively.
No one can overestimate the disruptive and destructive impact of the
current crisis and of Israel's brutality as a belligerent occupant; to
withstand such assaults, however, it is imperative that the structures
and systems of democratic life be maintained as the most constructive
and efficient form of empowerment of the victims to enable them to
withstand such an external assault.
Equality before the law, due process, and the presumption of
innocence must all be maintained. Hence all violators must have their
day and say in a properly constituted court. It is not a question of
image, or of responding to donor or external pressure (as the minister
of justice claimed).
Rather, it is the appropriate responsibility of any government to
ensure justice and legal accountability as well as institutional
service and protection of its citizenry.
It is also the appropriate right of the people to expect and to
receive fair and effective governance.
Once again, internal empowerment and stability are the only means for
withstanding external threat and repression.
Lawlessness and the Rule of Law