The Palestinian authority responsibility for human rights and the rule of law in its controlled areas (1994-2000)

Abstract

This thesis will deal with the question of civil and political rights in unique circumstances. The PA lacks full geographical, functional an personal jurisdiction on the West Bank and the Gaza Strip, the Accords imposed restrictions on the legislative role of the Palestinian Council, and they violated the principle of separation of powers by considering the Council as a legislative and an executive authority at the same time. The lack of the elements of statehood precludes the Palestinian Authority from ratifying the human right treaties and being obliged to apply them. However, to overcome this obstacle the Council (as a legislative and judiciary body) may incorporate the human rights treaties into local legislation, as it has the authority to issue legislation, regulations and legal and administrative measures that embody safeguards for human rights.