دوافع لجوء مواطني المحافظات الشمالية للقضاء العشائري في جرائم القتل

Abstract EN

This study aimed to identify the factors that lead the citizens to resort to the tribal judiciary in the murder as an alternative to the regular judiciary in the West Bank.

The study also aimed at determining the mechanisms of integration between the tribal judiciary and the systematic judiciary in the murder in the West Bank.

The researcher used the descriptive approach.

The sample of the study consisted of 24 tribal reformers in the West Bank.

The study tool consisted of an interview prepared for collecting data and information from the study sample.

The study concluded to several results.

The most important: the legal factors are considered one of the most important ones that lead the citizens in the West Bank to resort to the tribal judiciary as an alternative to the systematic judiciary in the murder، the speed of the tribal justice procedures and simplicity، and the severity of penalties issued by the tribal judiciary in the murder.

The study also found out that the strength of the prevailing social norms in the West Bank leads the citizens to resort to the tribal judiciary، and the lack of confidence of the citizens in the judiciary is one of the most prominent cultural factors that lead the citizens to resort to the tribal judiciary.

The study concluded to several recommendations، the most important of which is the need for coordination between the reform men and the justice system immediately after the murder، in addition to the need to form a national committee that includes all the institutions of society official and non-official to determine the provisions of the tribal judiciary and the nature of the relationship with the official organs and identify areas that interfere.

Finally، it is necessary to amend the provisions of the Penal Code and the Penal Procedures Law to include the provisions of the tribal judiciary