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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...."
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