these arrests, therefore, is to intimidate them in order to prevent them from exercising their right to protest.178 In the case of administrative detentions, in the Israeli legal context they take place without charge or trial based on undisclosed evidence which is kept from both detainees and their lawyers,179 meaning, detainees cannot discover the allegations against themselves or mount an adequate defense.180 Detention orders are carried out under Military Order 1651, the Emergency Powers (Detentions) Law, the Internment of Unlawful Combatants Law, and the Order regarding Security Provisions, and can be renewed indefinitely, resulting in detainees often spending years in prison without ever being convicted of a crime.181 It has also been demonstrated that instead of being applied to individuals posing an immediate threat, administrative detention orders have been used to “arbitrarily detain political prisoners, including prisoners of conscience, and that the practice is used to punish them for their views and suspected political affiliations when they have not committed any crime.”182 This is in violation of the aforementioned international laws, as well as the obligation of an occupying power to protect the fundamental human rights of the occupied population under the Fourth Geneva Convention. Israeli justification for administrative detention is based on a claim that they may derogate from the articles of ICCPR because it has existed in a state of emergency since its founding in 1948. However, the Human Rights Committee has stated that conditions allowing the derogation of these articles must be “of an exceptional and temporary nature”183 and has regularly denounced Israel’s use of a permanent state of emergency for this purpose.184 The profound effect administrative detention has had on Palestinian society stems partially from the frequency with which it is used. An estimated 50,000 178 Adalah, Israeli police acting above the law, taking brutal measures to suppress legitimate protest of Palestinian citizens of Israel, 11 October 2015. Available at: https://www.adalah.org/en/content/view/8652 179 Addameer, On Human Rights Day: Israeli Occupation Continues to Carry Out Mass Arrests of Palestinians and Subject them to Abuse, op. cit., 10 December 2015 180 Amnesty International, Starved of Justice: Palestinians detained without trial by Israel, 2012, page 11. Available at: https://www.amnesty.org/en/documents/MDE15/026/2012/en/ 181 B’Tselem, Administrative Detention, last update: 21 September 2014. Available at: http://www. btselem.org/administrative_detention 182 Amnesty International, Starved of Justice: Palestinians detained without trial by Israel , op. cit., 2012, page 11 183 UN Human Rights Committee, General Comment 29: States of Emergency (Article 4), CCPR/C/21/ Rev.1/Add.11, 31 August 2001, para. 2 184 UN Human Rights Committee, Concluding Observations on the periodic review of Israel, CCPR/C/ISR/ CO/3, 3 September 2010, para. 7; UN Human Rights Committee, Concluding Observations on the periodic review of Israel, CCPR/CO/78/ISR, 21 August 2003, para. 12; UN Human Rights Committee, Concluding Observations on the periodic review of Israel, CCPR/C/79/Add.93, 18 August 1998, para. 11 and 21 52

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