Due to the complex and volatile security situation in the West Bank, detention orders are issued against those who plan terrorist attacks, or those who orchestrate, facilitate or otherwise actively assist in the commission of such acts. Israel has been struggling with terrorism since the day it was founded. The use of administrative detentions, which allow for the deprivation of a person’s liberty for a limited time only, is an effective and lawful security measure against such continuous terrorist attacks.
The issuance of administrative detention orders against detainees who pose a danger to public security in the West Bank is recognized by international law and is in full conformity with Article 78 of the Fourth Geneva Convention 1949.
Due to the complex and volatile security situation in the West Bank, and in order to protect the rights of potential victims of terrorist activities, detention orders are issued against those who plan terrorist attacks, or those who orchestrate, facilitate or otherwise actively assist in the commission of such acts.
Where sufficient and admissible evidence exists against an individual, the authorities are required to bring that individual to justice, rather than rely upon administrative detention measures. Thus, administrative detention is solely a preventative measure of last resort used to prevent the commission of future acts 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.
Moreover, this measure is only used in cases where there is corroborating evidence that an individual is engaged in illegal acts that endanger the security of the area and the lives of civilians, and each order is subject to judicial review. It is important to note that an administrative detention order is limited in duration to six months and its extension requires a reevaluation of the relevant intelligence material, as well as further judicial review.
Furthermore, local legislation governing the administrative detention process grants all relevant individuals the right to appeal the order to the Military Court of Appeals, for judicial review. Petitioners may be represented by counsel of their choice at every stage of these proceedings. 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 order carefully examine whether the criteria outlined in case law and legislation are fully met.