Defense Minister Israel Katz attends a ceremony marking the return to the former settlement of Ganim in the northern West Bank, which was evacuated in 2005 as part of Israel\u2019s Disengagement Plan, August 13, 2026. (credit: HILEL BEN OR\/FLASH90)<\/p>\n
The reason is that Israel\u2019s position on the West Bank, unless it some day decides to annex it \u2013 something which still appears impossible due to opposition in Israel, and by both US Republicans and Democrats and globally \u2013 is that it holds a \u201cbelligerent occupation\u201d of the area.<\/p>\n
The legal term \u201cbelligerent occupation\u201d has nothing to do with the politicized term \u201coccupied\u201d and merely refers to the fact that until the disputed territories\u2019 status is resolved by negotiation between the parties, Israel has certain legal responsibilities and rights as the \u201ctemporary\u201d sovereign.<\/p>\n
Despite the IDF having primary responsibility for security and maintaining public order, the Shin Bet (Israel Security Agency) and the police have also always played parallel roles in the West Bank.<\/p>\n
The Shin Bet has handled aspects of both Palestinian terror and, on a much smaller basis since the phenomenon is much smaller, Jewish terror.<\/p>\n
The police have handled arrests of Palestinians and Jews falling below a certain terror threshold and provided the evidentiary basis for indicting each side when relevant.<\/p>\n
Cases against Palestinians are handled in the IDF\u2019s West Bank Courts, while cases against Jews are handled by Israel\u2019s civil courts, other than administrative orders.<\/p>\n
Theoretically, the IDF\u2019s West Bank Courts could also handle all Jewish cases, but decades ago the Attorney-General\u2019s Office decided it made more sense for them to be handled in civil courts.<\/p>\n
Palestinians cannot be brought to trial in civil courts because this would violate the principle that they are \u201cforeign\u201d residents who cannot be treated fairly in Israel\u2019s foreign courts.<\/p>\n
Of course, much of the world has criticized whether the IDF\u2019s West Bank Courts treat the Palestinians fairly, but in principle, military courts are mandated for a temporary military belligerent occupation.<\/p>\n
Katz’s idea could throw off this balance<\/p>\n
All of this balance could be thrown off by Katz\u2019s idea.<\/p>\n
If the police were to take over all issues for the IDF operationally, would this lead to Palestinians being tried in civil courts?<\/p>\n
Probably not, but there are many other issues.<\/p>\n