New publication by PalThink for Strategic Studies titled “Transitional Justice and Institutional Reconstruction of the Gaza Strip Post-War: A Policy Vision for Preserving Civil Peace and Restoring the Justice System under UN Security Council Resolution 2803”
In the aftermath of the war on the Gaza Strip, and amid the widespread collapse of institutional, judicial, and security structures, including the destruction of courts, prosecution offices, and law enforcement facilities, as well as the loss of large numbers of official files and records, this paper presents a policy discussion on the need for a transitional approach to rebuilding the justice system and preserving civil peace in Gaza.
The paper examines the impact of institutional collapse on society, including the expansion of the judicial and security vacuum, the accumulation of cases and disputes, and the growing reliance on reconciliation committees, community committees, and tribal mechanisms as emergency tools for addressing daily conflicts in the absence of formal institutions. It also highlights the risks associated with these mechanisms becoming permanent and unregulated alternatives, and the legal, institutional, and social challenges this may pose to rights protection and community trust.
The paper analyzes several policy alternatives for rebuilding the justice sector in Gaza, including the centralized restoration of the formal system, the institutionalization of tribal and community structures, and linking justice to reconstruction and spatial justice. It concludes by emphasizing the importance of adopting a hybrid transitional justice model that balances the urgent need to fill the judicial and security vacuum with the necessity of preserving constitutional principles and human rights, through an organized framework that integrates formal justice institutions, community-based mechanisms, digital documentation, and institutional reform.
The paper stresses that rebuilding Gaza’s justice system should not be viewed solely as a legal or administrative matter, but as a fundamental condition for preserving civil peace, restoring trust between citizens and institutions, and preventing daily disputes, property claims, and rights-related conflicts from becoming additional drivers of social fragmentation in the post-war phase.
This paper was issued within the framework of the “Youth Leadership Academy for Democracy and Human Rights” project, implemented by PalThink for Strategic Studies, supported by the German Federal Foreign Office’s funds through ifa’s Funding Programme zivik.
Download the paper: click here