Achieving Transitional Justice in Palestine: between implementation and challenges

Abstract

Abstract The purpose of this research was to shed light on how transitional justice works and can develop within the context of the Palestinian situation, given that Palestine continues to be politically divided, subject to occupation and facing ongoing colonial settlement policies, and how a Palestinian model for transitional justice can be developed to lessen the impact of the divisions that exist within Palestinian society as well as the loss of political and institutional unity. The study defined and clarified key concepts and then focused on the Palestinian context in particular, paying particular attention to the role of civil society, civil society institutions and Palestinian citizens' levels of legal awareness and the contribution of regional and international actors to the transitional justice process in Palestine. The researcher identified many of the key barriers to implementing transitional justice in Palestine, among these were external interference, continuing Israeli occupation and political division within Palestinian society, which has led to numerous narratives among Palestinians. A preliminary model of transitional justice that combines aspects of both retributive and restorative justice was developed and presented as being unique to the Palestinian context in order to promote national cohesion and unity, to end the existing divided state of affairs, to establish a full and comprehensive truth, establish gulf legacy and promote a heightened sense of national unity. The results of this study are that the implementation of transitional justice in Palestine is a complicated process as a result of a lack of consensus on which entity is the legitimate governing authority over the Palestinian government due to the politicization of the judiciary as a direct result of the political divide between Fatah and Hamas. This has also contributed to the weakening of public institutions and the erosion of civil liberties afforded to Palestinian citizens under the Basic Law and has led to widespread political arrests and torture of Palestinians by both parties, even though the Palestinian narratives are varied. The researcher provided proposal for action, the primary of which is the need to establish a national dialogue that is inclusive of all segments of Palestinian society, especially Fatah and Hamas, and that emphasises collective rather than individual or partisan interests. This would help to promote the achievement of justice for all Palestinians as a matter of national concern. Transitioning from a state of conflict to a state of justice and equality will require a commitment to transitional justice. Transitioning toward a society that promotes equality, justice, and non-discrimination will also require political unity among all Palestinians. Keywords: Transitional Justice, Restorative Justice, Political Division in Palestine.