تنازع الاختصاص بين القضاء العسكري و القضاء المدني في التشريعات الفلسطينية

الملخص EN

This study focuses on the conflict of jurisdiction between the military justice and the civil justice in the Palestinian legislation.

It further demonstrates the aspects of conflict between the aforementioned judiciaries, whether it be a negative conflict or a positive one.

The military justice expands its jurisdiction, causing a conflict with the ordinary justice on the proceedings since the two judiciaries locate it as part of their jurisdiction.

This hinders the proceedings and their adjudication until this conflict is resolved through resorting to the Supreme Constitutional Court which decides on the matter.

The Palestinian Basic Law with its 2003 amendments underlies the establishment of the military courts with special laws and that these courts shall have no jurisdiction outside the realm of the military matter.

However, the Basic Law has not resolved clearly the jurisdiction of the military justice.

Accordingly, it is important to identify the competent authority which has a jurisdiction over the conflict between the military justice and the civil justice whether in Palestine or the comparative law.

This study attempted to identify the differences in the legislation governing the military justice in many countries and comparing these differences with the national legislation in Palestine