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A Law Faculty of Hebron University Coauthored an Article with a Professor from South Wales University on Restorative Justice in the Middle East
Dr. Mutaz Qafisheh, Dean of the College of Law and Political Science of Hebron University and Associate Professor of International Law, published an article titled “Restorative justice capacities in Middle Eastern culture and society: toward a hybrid model of juvenile justice in Palestine”, coauthored with Prof. Dr. Ali Wardak, Professor of Criminology at the University of South Wales in the United Kingdom. The article is published in the International Journal of Restorative Justice, Volume 2, pages 93-117, by Eleven International Publishing in The Hague. This socio-legal article is based on field research that has been conducted in the West Bank, Gaza and Jerusalem, in comparison with other Middle Eastern countries and international standards relating to restorative justice.
The article argues that alongside the state juvenile justice system, various forms of non-state justice providers are strongly prevalent in Palestine. Although the state juvenile justice has evolved into a modern system, it lacks adequate human, professional, and infrastructural capacities to provide effective justice to all children. This field research has identified key non-state justice providers in Palestine and reveals that they are more accessible and speedy, and also place more emphasis on peacemaking and reconciliation than the state justice system. It also reveals that in the processes of justice dispensation, occasional violation of children’s rights takes place within some of the male-dominated non-state justice providers. In order to minimise rights violation, while capitalising on restorative capacities of non-state justice providers, a ‘hybrid model of juvenile justice in Palestine’ has been developed and is proposed. It is argued in this paper that the ‘hybrid model’ not only promises to provide a coherent framework of links between Palestinian state juvenile justice and non-state justice providers, it also has the capacity to minimise rights violation through proposed internal and external oversight mechanisms. It is further maintained that translating the ‘hybrid model’ into practice may allow the provision of more accessible, inclusive and restorative juvenile justice to all children in Palestine.
More information on the article can be found at this link:
