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
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