State of Israel
Ministry of Justice
The Department for International Agreements and International Litigation
1) For over four years, Israelis have been the victims of a relentless and ongoing campaign by Palestinian terrorists to spread death and destruction, condemning our region to ongoing turmoil, killing more than 1,000 Israelis and injuring more than 6,000.
2) In light of this unprecedented lethal threat, Israeli security forces have sought to find new effective and lawful counter-measures that would minimize the occurrence of such terrorist attacks in general, and suicide terrorism in particular, and to discourage potential suicide bombers.
3) Where sufficient and admissible evidence exists against an individual, the authorities are required to bring that individual to justice, rather than adopt such measures as administrative detention. Thus, these measures may be used as the exception only when the evidence in existence is clear, concrete and trustworthy but for reasons of confidentiality and protection of intelligence sources, cannot be presented as evidence in ordinary criminal proceedings.
4) Issuance of administrative detention orders against detainees who pose a danger to public security in Samaria and Judea or the Gaza Strip, in those cases outlined above, is recognized by international law and is in full conformity with Article 78 of the Fourth Geneva Convention 1949.
5) Moreover, local legislation governing the process grants all relevant individuals the right to appeal the order to a Justice of the Military Court of Appeals, for judicial review. Petitioners may be represented by counsel of their choice at every stage of these proceedings and have a right to examine the unclassified evidence against them. All individuals have the additional right to petition the Israeli High Court of Justice for a repeal of the order. The judicial organs reviewing each and every order carefully examine whether the criteria outlined in case law and legislation are fully met.
6) Furthermore, the measure is used only in cases where there is corroborating evidence that an individual is engaged in illegal acts that endanger the security of the state and the lives of civilians, and each order is subject to judicial review with right of appeal. Note that an administrative detention order is limited to six months and its extension requires reevaluation of the relevant intelligence, as well as further judicial review and appeal.