The UN High Commissioner for Human Rights, Volker Türk, expressed concern about another legislative proposal before the Israeli Knesset to establish a special (military) court to prosecute – exclusively – crimes committed during and after the horrific attacks of October 7, 2023, by Palestinian armed groups.
This comes after Türk urged Israel to repeal a law passed by its parliament on Monday that reinstates the death penalty almost exclusively for Palestinians.
He described the law as discriminatory, adding it violates Israel’s obligations under international law.
Türk’s statement said that this special court would not have jurisdiction over crimes committed by Israeli forces in the occupied Palestinian territory.
He urged the Knesset to reject the bill, saying, “By focusing exclusively on crimes committed by Palestinians, [the court] will entrench discriminatory, one-sided justice.”
Respecting human rights
While he stressed the importance of prosecuting crimes related to October 7, Türk emphasized that any prosecutions must not be based on discrimination.
He stressed the right of all victims to equal protection under the law and the necessity of holding all perpetrators accountable without discrimination.
The Office of the High Commissioner for Human Rights stated that these legislative steps would entrench Israel’s violation of the prohibition against racial segregation and apartheid, “by targeting Palestinians who are often convicted after unfair trials.”
It emphasized that international human rights law prohibits the trial of civilians before military courts, except in exceptional circumstances where the state can demonstrate that such courts are necessary and justified on compelling grounds and where civilian courts are unable to conduct the trials.
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