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Browsing Science by Subject "Appeal, Judiciary, Security forces, Judgments issued, Military courts."

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    APPEALING THE JUDICIAL VERDICTS OF THE MILITARY COURTS IN PALESTINE
    (جامعة النجاح الوطنية, 2022-04-07) Shded, Abd Alrahman
    The trial procedures before the Security Forces Judiciary Commission in Palestine are of a special nature, specifically the methods of appealing the judgments issued by it. the Commission’s jurisdiction is over a specific segment of the Palestinian people, namely members of the Palestinian security forces, and any military crimes. The security forces judiciary is an entity that distinguishes from the regular and special courts in Palestine, as it combines the security institution and the judicial institution. This is why there is a need to know the nature this entity as well as what crimes fall within its jurisdiction of it. And on which category of the people its decisions apply on. At the end judges are human like us. They may be right or be wrong. So mechanisms and methods are put in place to challenge the rulings issued by it in order to preserve the right of everyone who’s not comfortable with ruling to file an appeal according to the methods of appealing these rulings. Before this judicial commission. Not all jurists and lawyers are aware of its procedures and methods of appealing its rulings , as they are aware of the procedures and laws of the regular judiciary body. Because this Security Forces Judiciary is of a special nature and governed by its own laws, and they also have specific methods of appealing them. The introductory part dealt with the nature of the security forces’ judiciary and its provisions. The first section address the legal nature of the security forces’ judiciary in terms of military crimes and what is the military issue and the individuals who are sued before this body based on the decisions of the Palestinian Court of Cassation, the laws governing the security forces’ judiciary and relevant Palestinian laws. In addition to addressing origin, jurisdiction and the nature of this body, whether it is an independent judicial body or a military institution. and its concentrated on the nature and types of judgments issued by it. As for the first chapter of this study, the researcher dealt with the normal methods of appealing the rulings issued by the Security Forces Judiciary commission. In the first section, the appeal by objection is addressed and the procedures for the objection and the effects of it, it’s also explained in the second section the procedure of appealing these rules and the effects of these appeals. As for the second chapter, its concentrated on unusual ways of appealing judgments issued by the Security Forces Judiciary Commission. In the first section, it’s dealt with the retrial of military judgments issued by this Commission, its procedures and effects. In the second section the ratification of military judgments and the powers of ratification.