IDF passes reform to W. Bank laws dealing with Palestinians

New provisions of the law are designed to better define elements of a criminal state of mind.

March 27, 2015 03:14
1 minute read.
idf drills

IDF holds surprise drill near Gaza. (photo credit: IDF)


Dear Reader,
As you can imagine, more people are reading The Jerusalem Post than ever before. Nevertheless, traditional business models are no longer sustainable and high-quality publications, like ours, are being forced to look for new ways to keep going. Unlike many other news organizations, we have not put up a paywall. We want to keep our journalism open and accessible and be able to keep providing you with news and analyses from the frontlines of Israel, the Middle East and the Jewish World.

As one of our loyal readers, we ask you to be our partner.

For $5 a month you will receive access to the following:

  • A user experience almost completely free of ads
  • Access to our Premium Section
  • Content from the award-winning Jerusalem Report and our monthly magazine to learn Hebrew - Ivrit
  • A brand new ePaper featuring the daily newspaper as it appears in print in Israel

Help us grow and continue telling Israel’s story to the world.

Thank you,

Ronit Hasin-Hochman, CEO, Jerusalem Post Group
Yaakov Katz, Editor-in-Chief

UPGRADE YOUR JPOST EXPERIENCE FOR 5$ PER MONTH Show me later Don't show it again

The IDF late Wednesday announced it has passed the largest legal reform in years to its West Bank laws dealing with crimes committed by Palestinians.

The head of the military’s Central Command has the power to issue and amend laws in Judea and Samaria as long as the IDF maintains control of the area, and has amended laws from time to time based on the advice of the IDF legal division and the Justice Ministry.

Be the first to know - Join our Facebook page.

In recent years the army has made repeated reforms to the criminal procedure law applying to Palestinians in the IDF’s West Bank courts, including reducing detention periods for minors and providing more protections in the interrogation process, such as greater efforts to video more interrogations.

Somewhat more broadly, the IDF made changes in handling Palestinian minors cases by creating a juvenile courts division.

But the current reform, signed on Tuesday and due to go into effect as of June 1, changes aspects of the substantive criminal law in the IDF’s West Bank courts, including defining the various concepts relating to criminal liability to be similar to a 1994 reform passed within the Green Line.

New provisions of the law are designed to, on a permanent basis, better define elements of a criminal state of mind, encompassing criminal intent and criminal negligence, though on a practical level, the IDF West Bank courts have been applying reforms from Israeli legislation for some time.

The new law has separate provisions that better distinguish aspects of particular kinds of crimes which are incidental to the main crime, such as attempt, solicitation and being an accomplice.

It also more clearly describes specific defenses or intervening impacts on a criminal offence such as self-defense, insanity, being a minor, loss of control of one’s actions, drunkenness and entering into a situation leading to a crime with earlier improper conduct.

Finally, the law modernizes concepts in dealing with corporations and methods of legal interpretation.

Related Content

Protestors at Rabin square protest the status-quo in the south, August 18 2018
August 18, 2018
Hundreds gather in Tel Aviv to protest Israel-Gaza cycle of violence