For over 57 years, Israeli occupation authorities have employed the policy of administrative detention against Palestinians—a practice inherited from the British Mandate and continuously implemented with notable escalation.
Administrative detention involves detaining Palestinians based on secret files inaccessible to the detainee or their lawyer. The military prosecution claims these secret materials indicate that the detainee poses a threat to regional security, justifying detention without charges or a fair trial. As a result, detainees have no means of defending themselves since no public allegations are presented. Authorities also argue that maintaining the secrecy of these materials is necessary to protect their sources, further preventing effective legal defense.
This paper examines how the occupation uses administrative detention as a tool for oppression and control, particularly during uprisings and popular protests. Administrative detention is one of the easiest methods for the occupation to incarcerate large numbers of Palestinians without following standard legal procedures. The paper draws on statistics from prisoner rights organizations, reviews Israeli military laws and orders, analyzes reports on the history and present use of administrative detention, and includes observations from sessions at Ofer Military Court.
The paper is divided into five sections and a conclusion:
While the Israeli occupation consistently employs administrative detention, its use intensifies during uprisings and popular protests to suppress Palestinian dissent and prevent demonstrations.
Since October 7, 2023, the occupation has launched mass arrests targeting Palestinians across the West Bank, Jerusalem, and areas occupied in 1948. These arrests expanded to include Gaza following the ground invasion.
Between October 7, 2023, and mid-September 2024, over 10,900 Palestinians were detained, with the majority remaining in custody. 80% of those arrested were placed under administrative detention, amounting to over 8,872 orders, including new detentions and renewals. By mid-September 2024, there were over 3,400 administrative detainees, including 40 children and 27 women—the highest numbers recorded since 1967.
The occupation particularly targets university students and human rights defenders with administrative detention to suppress initiatives or movements opposing its crimes. Students, seen as leaders of popular resistance, and activists are detained under administrative orders to neutralize their influence.
Since October 7, over 140 students from Palestinian universities have been detained, with most placed under administrative detention. Additionally, 15 former members of the Palestinian Legislative Council, including Khalida Jarrar, were detained, with 13 placed under administrative detention.
Journalists are also frequently targeted. Since October 7, 108 journalists have been arrested, with 59 still detained, including 14 under administrative detention. The occupation claims their work constitutes "incitement," criminalizing any speech or publication exposing its crimes.
During uprisings, the occupation introduces new laws or amends military orders to suppress Palestinians further.
These amendments facilitate mass arrests and administrative detention, despite documented violations of even these amended procedures.
The occupation claims administrative detention is in line with Article 78 of the Fourth Geneva Convention, which allows such measures under exceptional circumstances. However, the systematic and widespread use of administrative detention violates this provision.
The Rome Statute of the International Criminal Court defines the denial of a fair trial as a war crime. Administrative detainees are denied access to charges or a proper legal defense, with most cases handled through secretive, closed-door military courts.
Administrative detention inflicts severe psychological harm on detainees and their families due to its indefinite nature. Detainees often endure prolonged uncertainty, with no clear release date, as orders can be renewed indefinitely.
Detainee Abdul Razzaq Farraj described this torment in his book:
"The final month of detention is a cycle of waiting and anticipation. Every paper entering the section could be the renewal order. Eyes and ears catch every movement, only for hope to fade with the renewal decision."
Detainees have historically resisted administrative detention through hunger strikes, protests, and boycotts of military courts.
Despite these efforts, the occupation continues to use administrative detention as a tool of repression, shielded by a culture of impunity.
Administrative detention remains a grave violation of international law, perpetuating the oppression of Palestinians under occupation. Its use underscores the broader strategy of the occupation to suppress resistance and maintain control over an occupied people.