Palestine
The State of Palestine, a United Nations Observer State, has not concluded new dedicated counterterrorism law but a 1960 Penal Code still applies. There is, however, a 2015 law on terrorism financing. Israel applies its own counterterrorism laws to the Palestinian Occupied Territories and to Palestinian human rights organizations.
The Definition of Terrorism in Domestic Law
The 1960 Penal Code of Jordan, which still applies to the West Bank, defines terrorism as follows:
the use, or threat of use, of violence -- regardless of its motives and aims -- by an individual or a group in order to contravene public order, or
expose the society's safety and security to danger, provided that such acts frighten people and expose their lives and security to danger, or harm the environment; public or private properties; international facilities; diplomatic missions, or such acts pertain to the occupation of any of such facilities or exposes national resources to danger or suspend the application of the provisions of the constitution and laws.
Depositing money at any bank or financial institution which provides banking services in the kingdom or the transfer of such money by such institutions and banks to any other party is considered to constitute a terrorism crime if it was proven that such money is suspicious and is related to terrorist activities.Art. 147(1), 1960 Penal Code.
Israel applies its own antiterror laws to the Palestinian Occupied Territories.
In 2015, Decree-Law No. 20 on combating money laundering and the financing of terrorism (as amended), stipulated that:
A terrorist or terrorist organization is any individual or group of terrorists who perpetrate any of the following acts:
(i) Commit, attempt to commit or participate as an accomplice in any terrorist act using any means, directly or indirectly, organize acts of terrorism, or direct others to commit them;
(ii) Contribute to acts of terrorism with a group of persons working to achieve a joint objective where the contribution is deliberate and has the aim of supporting a terrorist act or is made in the knowledge of the group’s intention to commit a terrorist act.”
Adherence to Global and Regional Terrorism Treaties
Palestine is a State Party to some of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State not party |
| 1997 Terrorist Bombings Convention | State not party |
| 1999 Terrorist Financing Convention | State not party |
| 2005 Nuclear Terrorism Convention | State Party |
Palestine is also a State Party to the main regional treaty on terrorism.
| Treaty | Adherence |
|---|---|
| 1998 Arab Convention on the Suppression of Terrorism | State Party |
Laws and Penalties for Terrorist Offences
In 2016, Israel's Knesset approved a new Anti-Terror Law which "reclassifies political activities of Palestinian Arab citizens of Israel as acts of terror".
Counterterrorism Capacities and Policies at Domestic Level
In October 2021, Israel's decision to designate six Palestinian civil society organizations as "terrorist organizations" was described by the UN High Commissioner for Human Rights Michelle Bachelet as an attack on human rights defenders, on freedoms of association, opinion and expression and on the right to public participation. The High Commissioner called for the law to be "immediately revoked".
Glossary
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