Legal Memos

Legal memos aim to draw the attention of Palestinian decision makers to violations of the law whilst highlighting the appropriate means available to enforce the law in the best possible manner in accordance with international criteria. These memos contribute effectively to MUSAWA's strategic goal to contribute to the upholding of the rule of law in the State of Palestine.


Below is an overview of most legal memos that were sent by MUSAWA. In addition the legal memos are published in our multi-annual magazine Eye on Justice, which can be found here.

Position Paper: Draft Decree-Law on High Criminal Court


West Bank & Gaza

West Bank / Gaza

Mr. President,  Do Not Pay It Attention, Do Not Issue It The Draft Decree-Law on the High Criminal Court has stirred reactions among many legal figures and competent Civil Society Organizations (hereinafter CSOs), as the Civic Coalition for Monitoring the Legislative Process called an ad hoc meeting to discuss the first draft, after the coalition was able to obtain a copy. The meeting concluded that the draft involves inconsistencies with the Constitution and prejudices the basic rights and freedoms of citizens. This is why it should not be approved or issued; it ...


Violating the Right to Access to Justice and Fair Trial Guarantees



West Bank

MUSAWA received a letter from His Excellency Public Prosecutor stating that the Public Prosecution has responded to MUSAWA’s memo by (1) giving an order to remove the announcement of Jenin’s Prosecution regarding the procedures of reviewing release requests,(2) issuing instructions for a quick handling of release-on-bail requests (on the same day), and (3) issuing an order to rehabilitate the glass partition separating the Public Prosecution’s employees and its visitors so as to ensure that visitors can communicate with the employee in an appropriate direct manner without prejudice to their dignity. The Public Prosecuto...


Tools and Mechanisms for Overcoming the Deterioration and Division within th...



West Bank

(By Legal and Technical Adviser Ibrahim Barghouthi) It goes without saying that it is essential for any political regime, built on the principles of a State of law and the flexible separation of powers (i.e. Legislative, Executive and Judicial), to include a Judicial Authority that is professional and effective. It is self-evident that building a Judicial Authority that is impartial, fair, competent, independent, effective and capable of enforcing the law equally requires that the judicial position be looked at as a social duty ...



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