© Koninklijke Brill NV, Leiden, 2013 DOI: 10.1163/15730255-12341253
Arab Law Quarterly 27 (2013) 151-170 brill.com/alq
Arab Law
Quarterly
Palestinian S↑ ulh↑a and the Rule of Law
Brian A. Kritz*
Research Fellow, Master of Arts Program in Conflict Resolution,
Georgetown University, Washington, DC, USA
Abstract
Palestine’s alternative dispute resolution process, the s↑ ulh↑ a system, is utilized in the vast
majority of civil and criminal disputes. Despite the popularity of the s↑ ulh↑ a process, there
exists, to date, no international legal assessment of such proceedings. is article assesses
Palestinian s↑ ulh↑ a’s adherence to international rule of law standards. Using rule of law theory
to assess the fairness, equity, and accessibility of the s↑ ulh↑ a system, this article determines
that Palestinian s↑ ulh↑ a proceedings satisfy the major requirements of international rule of
law standards.
Keywords
s↑ ulh↑ a; rule of law (ROL); Palestine; justice; reconciliation; women
1. Introduction
In the eyes of the international community, the domestic justice system in
Palestine suffers from a lack of credibility.
1
Issues of capacity, unequal
access, inequity and inefficiency that plague the formal legal system con-
tribute to the perception that Palestine suffers from a lack of adherence to
* In 2011-12, the author was a Democracy Fellow and Senior Human Rights and Rule
of Law Advisor at USAID. He is a former pro bono legal advisor to the Prosecutor General’s
Office for the Republic of Rwanda, and a former criminal prosecutor in California. He has
previously published on the topics of international legal protections for women and female
children in Rwanda, the rule of law, transitional justice in Darfur, and the knowing and
intentional spread of HIV/AIDS and the International Criminal Court. E-mail: bak3@
georgetown.edu.
1
is article focuses on the West Bank and the Galilee, as the areas available for study.
As the United States, among others, has declared Hamas to be a designated terrorist orga-
nization, there is little relationship between the international legal community and the
formal justice system in the Gaza Strip.