Criminal
Two penal codes, plus Israeli military law in much of the West Bank
The West Bank applies the Jordanian Penal Code of 1960; Gaza applies the Mandate-era Criminal Code Ordinance of 1936. Palestinians in Areas B and C are also subject to Israeli military orders.
Key rules
- Jurisdiction — Palestinian criminal jurisdiction in Area A and, for personal matters, over Palestinians elsewhere; Israeli military courts exercise jurisdiction over Palestinians in the West Bank for security offences.
Governing law
- Jordanian Penal Code No. 16 of 1960West Bank
- Criminal Code Ordinance No. 74 of 1936Gaza
- Criminal Procedure Law No. 3 of 2001
- Israeli Military Order No. 1651 (2009), consolidating security legislation
In practice
The failure to enact a unified penal code is one of the clearest illustrations of the fragmentation: the same conduct is prosecuted under a 1960 Jordanian statute in Ramallah and a 1936 British ordinance in Gaza. The 2001 procedure law applies in both nominally. Overlaying this, Israeli military courts operating under Military Order 1651 try Palestinian residents of the West Bank for security and public order offences, with conviction rates and procedural standards documented critically by Israeli and international human rights organisations. A complete answer on Palestinian criminal law has to describe all three systems.