Protection of Witnesses and Whistleblowers in Corruption Crimes under Palestinian Law
DOI:
https://doi.org/10.56830/IJHMPS12202506Keywords:
whistleblowers, Corruption Crimes, PalestineAbstract
The protection of whistleblowers and witnesses in corruption cases constitutes a cornerstone of an effective anti-corruption framework, as it enables individuals to report corrupt practices without fear of retaliation or harm, thereby strengthening integrity, transparency, and preventing perpetrators from escaping accountability. In the Palestinian context, a legislative framework emerged between 2010 and 2019 to regulate this aspect, culminating in Cabinet Decision No. (7) of 2019 on the Protection of Whistleblowers, Witnesses, Informants, and Experts in Corruption Cases. This regulation represented a significant step forward in providing legal, functional, and social safeguards. However, its practical implementation has revealed obstacles that undermine its effectiveness, due to legislative shortcomings and weak enforcement mechanisms. This necessitates an analytical study linking the legal provisions with their application in practice, while assessing their consistency with international standards, particularly the United Nations Convention against Corruption (UNCAC). The study concludes that the Palestinian system partially aligns with these standards but requires further development of practical guarantees and an expansion of protection to cover all stages of legal proceedings. It also emphasizes the need to strengthen institutional coordination and provide effective functional and social support. The research recommends harmonizing national legislation with international standards to ensure comprehensive protection for whistleblowers and witnesses, thereby contributing to the consolidation of good governance principles.
References
Abdul Aziz Tawfiq. (1995). Explanation of the Civil Procedure Law and Judicial Organization. (p. 183). Casablanca: Dar Al-Najah Al-Jadida Press.
Abdullah, W. (2025). Director of the Protection Unit at the Palestinian AntiCorruption Commission. Ramallah, Palestine, August 5, 2025, at 11:20.
Al-Ajarmeh, A., & Al-Muaddat., A. (2018). Criminal protection of the whistleblower in corruption cases. A comparative study. Studies in Sharia and Law, 45(4, Supplement 1).
Al-Duray, A.-W. A. (2021). "The Palestinian System for the Protection of Witnesses and Whistleblowers in Corruption Crimes.". Political Trends Journal, , Issue 15, Arab Democratic Center, Berlin.
Al-Faryan, M. A., & Shil, N. C. (2023). Governance as an interplay between corruption and polity: Conceptualizing from a national perspective.
Economies, 11(2), 65. https://doi.org/10.3390/economies11020065 (Accessed online on September 8, 2025). DOI: https://doi.org/10.3390/economies11020065
Al-Soulia, A. Y. (2006). Criminal and security protection of the witness. (Doctoral dissertation, Faculty of Graduate Studies, Police Academy, Cairo), p. 27.
Ammarna, R. (2025). Advisor to the President of the Palestinian AntiCorruption Commission. Ramallah, Commission headquarters, July 17, 2025, at 11:00.
Annual report of the Anti-Corruption Commission. (2019). Retrieved from the official website of the Anti-Corruption Commission.
Article 4 of Palestinian Council of Ministers Resolution No. 7 of. (2019).
Corruption, A. C. (2025). Nazaha, (Accessed on July 18, 2025, at 20:15).
Corruption, U. N. (2023). Retrieved from
https://www.unodc.org/documents/treaties/UNCAC/Publications/Conven tion/08-50024_A.pdf, (Accessed on July 17, 2025, at 18:30).
Decree-Law. (2010). No. 7 of 2010. Retrieved from https://maqam.najah.edu/legislation/62/ , (Accessed on July 15, 2025, at 20:15).
Decree-Law. (2018). No. 37 of 2018. Retrieved from https://maqam.najah.edu/legislation/235/, (Accessed on July 15, 2025, at 21:20).
Expatriates, M. o. (2025). State of Palestine. Retrieved from https://www.mofa.pna.ps/ar-%D8%AF%D9%88%D9%84%D8%A9%D9%81%D9%84%D8%B3%D8%B7%D9%8A%D9%86, (Accessed on July 17, 2025, at 18:40).
Hosni, M. N. (1977). Explanation of the Penal Code. General Section, (4th ed.,
p. 44). Dar Al-Nahda Al-Arabiya.
Hosni, Mahmoud Naguib. (1987). Explanation of the Penal Code. Special Section (p. 687). Dar Nafea for Printing and Publishing.
Ibrahim, R. M. (2015). Protection of witnesses in criminal law. Al-Fikr Al-Shurti Journal, 4(95), 111.
Jelani, M. (2016). Legal protection of witness security in Maghreb legislations. Journals of Politics and Law, 14, University of Kasdi Merbah, Ouargla, Faculty of Law and Political Science, Algeria, p. 264.
Jordanian Witness and Whistleblower Protection System. (2014). Retrieved from
“System No. 62 of 2014 on the Protection of Whistleblowers, Witnesses, Informants, and Experts in Corruption Cases – Arab Legislation Portal” , (Accessed on July 19, 2025, at 16:50).
Law No. 1. (2005). of 2005 on Illicit Gains. Retrieved from . “Law on Illicit Gains No. 1 of 2005” , (Accessed on July 19, 2025, at 20:40).
Law No. 37.10. (2025). on the Protection of Victims, Witnesses, Experts, and Whistleblowers, Morocco. Retrieved from the Arab Legal Library, www.bibliotdroit.com, (Accessed on August 5, 2025, at 19:20).
Lutovac, S., & Lutovac, N. (2023). Corruption and security challenges.
Megatrend Revija, 20(2), 159–167. https://doi.org/10.5937/megrev2302159b (Accessed online on September 8, 2025). DOI: https://doi.org/10.5937/MegRev2302159B
Montanino, F. (n.d). uniteded victims of organized crime witness protection . criminal justice . policy review, vol2 .no4 .pp392-408 . DOI: https://doi.org/10.1177/088740348700200406
Palestinian Anti-Corruption Commission. (2025). Retrieved from https://www.pacc.ps/ , (Accessed on July 20, 2025, at 17:30).
Palestinian Basic Law of 2003 and its amendments. (2003). Retrieved from “Amended Basic Law” , (Accessed on August 1, 2025, at 20:30).
Palestinian Criminal Procedure Law No. 3 of 2001. (n.d.). Retrieved from
“Criminal Procedure Law No. 3 of 2001” , (Accessed on July 19, 2025, at 20:45).
Resolution, C. o. (2019). No. 7 of 2019 on the Witness and Whistleblower
Protection System. Retrieved from https://maqam.najah.edu/legislation/419/, (Accessed on July 17, 2025, at 15:15).
See Article 1. (2019). of Palestinian Council of Ministers Resolution No. 7 of 2019 on the Protection of Whistleblowers and Witnesses.
See Article 1 of Jordanian System No. 62 of. (2014).
See Article 1 of Palestinian Council of Ministers Resolution No. 7. (2019).
See Article 10 of Council of Ministers Resolution No. 7 of. (2019).
See Article 13 of Council of Ministers Resolution No. 7 of. (2019).
See Article 14 . (n.d). of the Arab Convention on Combating Corruption.
See Article 18. (2010). of Law No. 1 of 2005, as amended by Decree-Law No. 7 of 2010.
See Article 18. (2018). of Law No. 1 of 2005, as amended by Decree-Law No. 37 of 2018.
See Article 3. (2019). of Council of Ministers Resolution No. 7 of 2019 on the Witness and Whistleblower Protection System.
See Article 3 of Palestinian Council of Ministers Resolution No. 7 of . (2019).
See Article 33. (n.d). of the United Nations Convention against Corruption.
See Article 5 of Council of Ministers Resolution No. 7 of. (2019).
See Article 6 of Council of Ministers Resolution No. 7 of . (2019).
See Article 9 of Council of Ministers Resolution No. 7 of . (2019).
See Council of Ministers Resolution No. (2019). 7 of 2019 on the Witness and Whistleblower Protection System.
See the amended Article 18 of Law No. 1 of 2005 on Combating Corruption. (2005).
See the text of Article 1. (2019). of Council of Ministers Resolution No. 7 of 2019.
See the text of Article 1. (2019). of Palestinian Council of Ministers Resolution No. 7 of 2019 on the Protection of Whistleblowers and Witnesses.
See the text of Article 14 of the Arab Convention on Combating Corruption.
(n.d).
See the text of Article 2 of Council of Ministers Resolution No. 7 of . (2019).
See the text of Article 2 of Council of Ministers Resolution No. 7 of . (2019).
See the text of Article 25 of Law No. 1 of . (2005). as amended by Decree-Law No. 37 of 2018 on Combating Corruption.
See the text of Article 25 of Law No. 1 of 2005, as amended by Decree-Law No. 37 of. (2018).
See the text of Article 256 of Palestinian Criminal Procedure Law No. 3 of . (2001).
See the text of Article 37 of the United Nations Convention against Corruption. (n.d).
See the text of the amended Article 18. (2015). of Law No. 1 of 2005 on Combating Corruption.
See, Article 32. (n.d). of the United Nations Convention against Corruption.
United Nations Convention against Transnational Organized Crime. (2025). Retrieved from https://www.unodc.org/romena/ar/untoc.html , (Accessed on July 18, 2025, at 16:40).
