Can Palestinian Security Forces Uphold Human Rights and Rule of Law?

January 27, 2025

The open letter from the Palestinian Human Rights Organisation Council (PHROC) to President Mahmoud Abbas, acting as the Commander-in-Chief of the Palestinian Security Forces, brings to light critical issues regarding human rights violations, the rule of law, and public freedoms in Palestine. This article delves into the core concerns raised by the PHROC, examining the systemic nature of these violations and the urgent need for reform.

Violations of Public Rights and Freedoms

Systematic Transgressions by Security Forces

The PHROC letter systematically identifies numerous transgressions by the Palestinian security forces against citizens’ public rights and freedoms. These violations, which are constitutionally guaranteed, include torture, ill-treatment, arbitrary arrests, suppression of freedom of expression, and unlawful closures of media outlets. The letter highlights how these actions contradict the principles enshrined in the Palestinian Basic Law. Such practices undermine the very essence of human rights and the rule of law, creating an environment where citizens’ fundamental freedoms are consistently threatened by those charged with protecting them.

The security forces’ actions have not only led to physical and psychological harm to individuals but have also instilled a climate of fear and repression. Instances of torture and ill-treatment during detention are particularly egregious as they constitute severe breaches of international human rights norms. These actions undeniably represent a deep and systemic issue within the security apparatus, signaling a need for an immediate overhaul of training, oversight, and operational protocols. The persistence of these violations indicates that they are not isolated incidents but rather part of a broader, more disturbing pattern of behavior that requires urgent address.

Suppression of Freedom of Expression

One of the most concerning issues highlighted by the PHROC is the ongoing suppression of freedom of expression. The right to freedom of opinion and expression is frequently infringed upon by summoning individuals for social media activity and arresting journalists for performing their professional duties. The closure of media outlets further curtails the free exchange of information and dissent, which are crucial to any democratic society. The letter emphasizes that such actions not only violate constitutional guarantees but also have a chilling effect on the population’s willingness to engage in public discourse and critique.

Moreover, the suppression of media freedoms severely curtails the ability of journalists to report on government activities and hold officials accountable. This erosion of press freedom hampers transparency and fosters an environment where misconduct can flourish unchecked. The frequent targeting of journalists and the arbitrary shutdown of media organizations indicate a systematic effort to control and manipulate public perception. Ensuring freedom of expression is upheld is essential for fostering an informed and active citizenry, capable of contributing to the democratic process and ensuring governmental accountability.

Failures of Accountability Mechanisms

Lapses in Oversight and Accountability

The letter underlines significant lapses in accountability and oversight mechanisms within the Palestinian security system. The inability or unwillingness of civilian and military prosecutors, as well as internal oversight bodies, to investigate and address these violations has created an environment of impunity among security personnel. This lack of accountability undermines the rule of law and erodes public trust in security institutions. When security forces operate without fear of repercussion for their actions, their transgressions become more frequent and pronounced, further entrenching a culture of impunity.

The mechanisms in place to ensure accountability are evidently insufficient or ineffective. Internal oversight bodies often lack the independence or authority needed to conduct thorough investigations, while external bodies face resistance and obstruction. This systemic failure highlights the urgent need for reforms that empower oversight institutions and ensure that they can operate without undue influence. Only through adequate checks and balances can public confidence in the security apparatus be restored, enabling a genuine commitment to justice and human rights.

Impunity and Its Consequences

The documented evidence implies that these human rights violations are not isolated incidents but have burgeoned into systematic practices within the Palestinian security forces. This alarming trend signals the severity of the situation and the urgent need for comprehensive reform to ensure accountability and adherence to the rule of law. The persistence of impunity suggests that security personnel are emboldened by the lack of consequences, leading to recurrent and widespread abuses. Addressing this issue is paramount to restoring the rule of law and protecting citizens’ rights.

Unchecked impunity has detrimental effects on the societal fabric, eroding trust in institutions and fostering a sense of injustice among the populace. It also undermines the credibility of the state on both national and international levels, potentially jeopardizing support and cooperation from other nations and organizations. To combat this, there must be a concerted effort to establish robust accountability mechanisms that can effectively address and rectify human rights violations. This includes creating independent investigative bodies, reforming judicial processes, and ensuring that violators are prosecuted and held accountable.

Collective Punishments and Their Impact

Siege on Jenin Refugee Camp

The imposition of collective punishments, particularly during security campaigns such as the siege on the Jenin Refugee Camp, is highlighted as a grave concern. These measures, in violation of both Palestinian and international laws, adversely affect the lives of camp residents and undermine the principles of justice and human rights. The letter emphasizes the need to halt such practices and ensure that security operations are conducted within the bounds of the law. Collective punishments not only punish the innocent but also breed resentment and resistance, exacerbating the conflict and hindering any prospects for peace.

The impact of these operations extends beyond immediate physical harm, as they disrupt daily life and create long-term socioeconomic challenges for the affected communities. Access to essential services, such as healthcare and education, is severely restricted during these sieges, compounding the hardships faced by residents. Security measures that disregard the well-being of civilians are counterproductive and violate the core tenets of justice and human rights. To address this, there must be a shift towards security approaches that prioritize the protection of civilian lives and uphold legal standards.

Hindrance of Essential Services

Actions like hindering access to medical centers and essential services during security operations display the stark collective punishment tactics employed by the security forces. These actions not only violate human rights but also exacerbate the suffering of the affected communities, further eroding trust in the security apparatus. The indiscriminate nature of these measures underscores a disregard for the rule of law and humanitarian principles, calling into question the motivations and strategies of the security forces.

The blockade of essential services creates a humanitarian crisis, depriving residents of necessary care and assistance. This can lead to preventable deaths and illnesses, compounding the traumas experienced by the population. An effective and humane security strategy must balance precautionary measures with the obligation to protect civilians. To foster trust and cooperation, it is crucial to ensure that security operations do not infringe upon basic rights and that any restrictions are proportionate and necessary.

Legal Framework and Constitutional Principles

Invocation of Palestinian Basic Law

A recurring proposition in the letter is the invocation of the Palestinian Basic Law and other related legislation that enshrine the principles of human rights and freedoms. The document consistently refers to these legal frameworks to underscore the security forces’ obligations and the constitutional basis for upholding the rule of law. This legal foundation is crucial for ensuring that security operations are conducted in a manner that respects human rights. By adhering to these principles, the security forces can operate within a legitimate and accepted framework, enhancing their legitimacy and public trust.

The Palestinian Basic Law serves as the cornerstone of governance and the protector of citizens’ rights. It delineates the boundaries within which state institutions, including security forces, must operate. Emphasizing adherence to this legal framework is imperative for upholding justice and safeguarding fundamental freedoms. The continued reference to the Basic Law in the PHROC’s letter highlights the deep-seated belief in the power of law to rectify and guide security practices. This dedication to constitutional principles can form the bedrock of meaningful reform and progress.

Obligations of Security Forces

The letter stresses the importance of the security forces adhering to their constitutional obligations. It calls for stringent instructions to ensure law enforcement respects constitutional guarantees, conducts thorough investigations, and holds violators accountable. This adherence is essential for restoring public trust and ensuring the rule of law is upheld. Security personnel must be well-versed in their legal responsibilities and the consequences of failing to uphold them, creating a culture of accountability and respect for human rights.

Ensuring that security forces respect constitutional mandates involves comprehensive training, clear directives from leadership, and ongoing scrutiny. Enforcing these principles requires a commitment from the highest levels of government to genuinely prioritize human rights. By doing so, the security apparatus can transform from a source of fear to a protector of peace and justice. This reform will not only bolster public confidence in the institution but also strengthen the overall governance framework of Palestine.

Impact on National Cause and State-Building

Erosion of Public Trust

The council articulates the implications of these human rights violations, emphasizing how they detract from the national struggle for independence and state-building. The undermining of human rights and the rule of law erodes public trust in security institutions and negatively impacts the overall political system. This erosion of trust is detrimental to the broader national cause and the pursuit of justice and independence. Without a trusted and respected security force, efforts towards nation-building are significantly hindered, leading to a cycle of instability and strife.

Public trust is a fundamental element in the relationship between citizens and the state. When security forces are seen as oppressors rather than protectors, the legitimacy of the government is called into question. This distrust can lead to widespread dissent and resistance, further complicating efforts to achieve national unity and progress. Rebuilding this trust requires transparent actions, accountability for past abuses, and a clear commitment to upholding human rights. Only through these measures can the security forces regain their role as guarantors of peace and security.

Detrimental Effects on Political System

The persistent impunity and lack of accountability within the security forces threaten the foundation of justice and democracy in Palestine. The letter underscores the critical need for reform to ensure that the rule of law is not just a slogan but a lived reality for all Palestinians. This reform is essential for advancing the national cause and building a just and democratic state. Without addressing these fundamental issues, the political system remains vulnerable to corruption, abuse, and instability, undermining the efforts to achieve lasting peace and development.

A robust and fair legal framework is the backbone of any democratic society. Ensuring that all branches of government, including the security forces, operate within this framework is paramount for maintaining order and justice. The consequences of failing to address impunity and human rights violations are far-reaching, affecting every aspect of societal and political life. Comprehensive reforms, guided by the principles of justice and accountability, are necessary to create a stable and prosperous future for Palestine.

Calls for Immediate Action

Urgent Need for Reform

The PHROC urges President Abbas to take immediate steps to curb these violations. This includes issuing stringent instructions to ensure law enforcement adheres to constitutional guarantees, conducting thorough investigations, and holding violators accountable. These actions are necessary to restore faith in Palestinian institutions and advance the pursuit of justice, independence, and state-building. The urgency of these reforms cannot be overstated, as the current trajectory threatens to destabilize the entire framework of governance and societal harmony.

The immediate implementation of these reforms is crucial for setting a new standard within the security forces. By addressing violations head-on and ensuring that perpetrators are held accountable, President Abbas can signal a decisive shift towards a culture of respect for human rights. This move will not only improve relations between the state and its citizens but also strengthen Palestine’s standing in the international community. The commitment to reform must be unwavering and sustained to ensure long-lasting positive change.

Heightened Oversight and Accountability

The open letter from the Palestinian Human Rights Organisation Council (PHROC) to President Mahmoud Abbas, in his capacity as the Commander-in-Chief of the Palestinian Security Forces, highlights pressing issues centered on human rights violations, the rule of law, and public freedoms in Palestine. This letter and subsequent article delve into the fundamental concerns raised by the PHROC, scrutinizing the systemic nature of these transgressions and underscoring the critical and urgent need for comprehensive reform.

The PHROC’s letter and the article shed light on various elements, including unlawful detention, harassment of activists and journalists, and the suppression of peaceful protests. These actions, perpetrated by security forces, not only undermine the rule of law but also erode public trust in governmental institutions. PHROC demands restorative and preventative measures to address these violations, emphasizing transparency, accountability, and adherence to international human rights standards. The call for reform is imperative for ensuring the protection of fundamental rights and fostering a just environment in Palestine.

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