Palestinian judiciary is facing many special challenges which affect negatively the mechanism of judicial work as well as the spirit of its staff.
Palestinian judiciary works under the following situations:
- Incomplete sovereignty over the state of Palestine.
- Obstructing for establishment of jurisdiction and enforcement of court judgments.
- Unstable security conditions due to the Israeli Occupation.
- Unstable political conditions.
- Overlapping authorities.
External Challenges:
- The Israeli Occupation for Palestinian Authority areas affects the whole justice system negatively through the closure for Palestinian areas and checkpoints.
- Disrespectful treatment for judges at Israeli checkpoints which restrict their capabilities to work efficiently or even to reach courthouses.
- Government financial crisis resulting from siege which led to employees strike and closure of courthouses.
- Short Palestinian jurisdiction over Palestinians holding Israeli-issued ID cards who commit offenses on the territory of the State of Palestine.
- Short Palestinian jurisdiction over Area C.
Internal Challenges:
- Inadequate infrastructure and lack of logistic support related to provide computers and legal software for judges.
- Inability to attract new judges because of low salaries.
- Inability to improve practical abilities for judges which slow down their achievements except for the support from donors.
- Inability to appoint judges' assistants or administrative staff even with the existence of new judicial organizational structure prepared in 2007.
- Lack of incentive system which affect negatively initiatives and creativity from judges or staff.
- In ability to improve the institution of forensic medicine and criminal research.
- Inability for police to execute their real duties.
- Instability of legal legislations or making amendments in short periods.