The Arab Revolt of 1936-1939 in Palestine: A Study Based on Oral Sources (ص 177)

غرض

عنوان

The Arab Revolt of 1936-1939 in Palestine: A Study Based on Oral Sources (ص 177)

المحتوى

commanders in their areas some courts were set up by the commanders
in areas where they did not already exist.
"The revolt Commanders had set up courts in various parts
of the Country. There were Civil Courts, Military Courts,
and a Higher Court for appeal, whose responsibility was to
pass death penalties"™™
The lower courts dealt with all sorts of cases put forward to them
by the public, including family disputes and disputes over land. They also
dealt with military cases such as bringing to trial rebels who committed
crimes, or collaborators. However, many of these commanders set up
courts and passed judgments, even the death penalty, without referring to
the Central Court. There were no established rules on which the fasil
leader would base his judgment. The judgement would usually be passed
according to what he personally believed to be correct. The fasil leader,
who as mentioned above would be operating in his own area could be
affected by clan alliances or kinship, which meant his judgment would
sometimes be biased towards these interests rather than based on
acceptable norms of justice. The defendant did not usually have any one
to act as his advocate.
Many of the regional commanders also set up smaller courts in
different areas of their regions and chose as their head judges either
members of the public or men in their fasail. These smaller courts dealt
with minor disputes, and passed the more complicated ones to their
commanders.
"The regional commander and fasil leaders chose me to be
the rebels court judge. I was authorised to bring to trial
anyone even if he was a fasil leader, as long as I informed
them of his offence. In the bigger cases they would make a
court themselves, and ask me to provide the investigation
evidence and charges, and they would pass the
judgment".
Sa eeneee ee
104 Faisal ‘Arif ‘Abd al-Raziq, personal interviews, 2/2/85
and 20/4/1985 al-Taybah, Triangle.
105 Bashir Ibrahim, personal interview. 15/7/1984. Zeita,
Tulkarm.
106 Ibid.
169

هو جزء من

The Arab Revolt of 1936-1939 in Palestine: A Study Based on Oral Sources

تاريخ

1990-10

المنشئ

Sonia Nimr

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