Additional Tools for Civilian Repression: Administrative Detention and the "Unlawful Combatant" Law

    

By: Abdel Qader Hilan | April 1, 2024

Since the onset of widespread aggression against the Palestinian people following October 7, Israeli occupation authorities have carried out mass arrests across the West Bank, Jerusalem, and the 1948-occupied territories. To date, approximately 7,500 Palestinians have been detained. Simultaneously, large-scale arrests have been conducted in Gaza, targeting schools, shelters housing displaced persons, and even hospitals. These arrests are accompanied by escalating repression against prisoners, as the detainees endure one of the harshest periods in the history of Israeli incarceration.

Notably, over 80% of detainees from the West Bank and Jerusalem have been subjected to arbitrary administrative detention, raising the total number of administrative detainees to approximately 3,600, the highest since the 1967 occupation of Palestinian territories.

Administrative Detention: A Tool of Suppression

Administrative detention involves imprisonment without charge or trial, based on secret files inaccessible to detainees or their lawyers. Israeli military orders allow for the indefinite renewal of detention orders, typically issued for six months at a time. This practice is inherently tied to the political situation in the occupied territories and Palestinian resistance to ongoing occupation. Administrative detention, used as a collective punishment against Palestinians, violates international law and constitutes a form of psychological torture when prolonged.

Israeli authorities employ administrative detention as a first and last resort to suppress and control Palestinians. Detainees face indefinite imprisonment without being informed of the accusations against them, depriving them of basic rights to a fair trial.

The "Unlawful Combatant" Law and Gaza Detainees

During the ongoing ground invasion of Gaza, Israeli forces have detained hundreds of Palestinians, primarily under the "Unlawful Combatant" Law, a practice resembling administrative detention. This law allows the detention of individuals based on undisclosed information or evidence without formal charges.

The Israeli military has released footage showing the inhumane treatment of detainees, while withholding information about their fate and numbers. For months, lawyers and the International Committee of the Red Cross have been barred from visiting Gaza detainees, constituting enforced disappearances under the Rome Statute of the International Criminal Court.

Legal Amendments Targeting Gaza Detainees

Since October 7, Israeli authorities have introduced amendments to the "Unlawful Combatant" Law, significantly extending detention periods:

  • Detention Without Charges: The period before a detainee is brought before a judge has been extended to 45 days, with judicial reviews delayed up to 75 days, compared to 14 days previously.
  • Denial of Legal Representation: Detainees can be denied access to lawyers for up to 75 days without court approval, with further extensions allowed up to 180 days by judicial order.

These amendments facilitate enforced disappearances, prevent lawyers from documenting abuses, and obstruct accountability for the severe violations detainees endure.

Conditions in Detention Centers

Prisoners and detainees face dire conditions under collective punishment policies, including:

  • Starvation and Dehydration: Prison authorities deliberately withhold food and water.
  • Deprivation of Basic Needs: Personal clothing, blankets, and electrical appliances have been confiscated.
  • Physical Violence: Many detainees have been subjected to severe beatings, resulting in deaths.

Since October 7, 13 prisoners have died due to brutal treatment in Israeli prisons, with an additional 27 detainees from Gaza reported dead in military detention camps. Gaza detainees are held in army-run facilities under inhumane conditions, with no consideration for their basic humanitarian needs.

Conclusion

The use of administrative detention and the "Unlawful Combatant" Law exemplifies Israel's reliance on legal frameworks to justify repression. These practices, combined with systematic abuse and mass arrests, are aimed at quelling Palestinian resistance and maintaining control over the occupied territories. However, such actions represent grave violations of international law and human rights, necessitating urgent international intervention and accountability.