Israeli Abusive Administrative Detentions - by Stephen Lendman
B'Tselem is the Israeli Information Center for Human Rights in the Occupied Territories. Hamoked is the Center for the Defence of the Individual, an Israeli human rights organization, aiding Palestinians whose rights Israel violates. In October 2009, they jointly published a report titled, "Without Trial: Administrative detention of Palestinians by Israel and the Internment of Unlawful Combatants Law," covering Israel's policy of imprisoning hundreds of uncharged Palestinians without trial "by order of an administrative official," not a judge.
By so doing, they're denied due process, may be held indefinitely, aren't told why they're detained, can't dispute it, cross-examine witnesses, or present contradictory evidence to refute them.
Three Israeli laws authorize the practice:
-- the Order Regarding Administrative Detention (the Administrative Detention Order), part of military law governing the West Bank;
-- the Emergency Powers (Detentions) Law for Israel; and
-- the Internment of Unlawful Combatants Law (the 2002 Unlawful Combatants Law), like a similar one in America, a dubious Geneva-superceded status international law expert Francis Boyle calls a:
"quasi-category universe of legal nihilism where human beings can be disappeared, detained incommunicado, denied access to attorneys and regular courts, tried in kangaroo courts, executed, tortured, assassinated and subjected to numerous other manifestations of State Terrorism."
Administrative Detention in International Law
Prolonged arbitrary detention is a serious breach of international law. Article 9 of the International Covenant on Civil and Political Rights states:
1. "Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful."
Although infringing the law to a degree is permitted "in time of public emergency which threatens the life of the nation," Israel uses it consistently, abusively, and in violation of Fourth Geneva's Article 78 stating:
"If the Occupying Power considers it necessary, for imperative reasons of security, to take measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment."
"Decisions regarding such assigned residence or internment shall be made according to a regular procedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention. This procedure shall include the right of appeal (decided on) with the least possible delay. (If it's upheld), it shall be subject to periodical review...."