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Deferred release from custody under the Unlawful Combatants Law: the case of HN, BN, AA, HA and MD
7048/97 | documents: 2  |  Updates: 7 During the Second Lebanon War, five men – four of the same family – sheltered from the bombings in the home of one of them. Military forces arrived at the house and captured the men, handcuffed and blindfolded the men, and dragged them for a considerable distance to a helicopter waiting to transport them to Israel. As they arrived to Israel, they were interrogated for many hours in an unidentified facility, possibly Secret Prison 1391. They were subsequently taken to the Gilboa Prison for continued interrogation. They were all asked if they were involved in any military or political activity, which they emphatically denied. The interrogation centered on the suspicion they were related to Sheikh Hassan Nasrallah, although none of them are, despite the fact that two of them are named Nasrallah. For the entire period, the military did not provide the families or anyone else, any information as to their whereabouts.

After more than two weeks, during which the five were held in custody without seeing a judge and without the opportunity to see an attorney, HaMoked filed a habeas corpus petition on their behalf to the High Court of Justice (HCJ), in which it inquired as to the legal basis for their detention and continued incarceration in Israel.

The petition raised the concern that they were being held in Israel as bargaining chips for a future exchange of captives, in breach of a previous HCJ ruling which established that a democratic country bound by the principles of international law, cannot accept a situation where people are being held for the clear purpose of turning them into "hostages."

On the day following the filing of the petition, the state announced that on the previous day, the five men had been transferred to Lebanon, along with other detainees, and this, ahead of the petition's presentation to the State Attorney's Office. In its response, the state asserted the five men had been detained on suspicion of being illegal combatants and that upon their arrival to Israel, detention warrants had been issued against them under the Incarceration of Unlawful Combatants Law. It was further announced that the General Chief of Staff ordered the appointment of an investigative officer to examine the holding of detainees beyond the stipulated 14 day period, without bringing them before a judge. Following the examination of the investigation file by the Military Advocate General, it was decided to amend the military procedure for handling unlawful combatants.


Incarceration of Unlawful Combatants Law, 5762-2002
Law  |  4.3.2002
The Law regulating the incarceration of illegal combatants who are not entitled to prisoner-of-war status. The Law defines, inter alia, who is an "illegal combatant", what are his rights, and specifies when an incarceration order can be issued against him and the judicial review the order is subject to. Translation from the website of the Ministry of Justice
CrimFH 7048/97 - Anonymous v. Ministry of Defence Judgment
Judgment / Supreme Court  |  7048/97  |  12.4.2000
Judgment in a petition by Lebanese citizens who fully served their various prison sentences in Israel but were kept in custody to serve as "bargaining chips" in negotiations for the release of captives or MIA's. The petition was granted. In a majority decision, the court rules that as the only lawful means for detaining the petitioners is administrative detention under the Detentions Law, and a...
Updates
21.3.2016
The wrongful legislation trend continues: the Knesset adopts a legal amendment making it easier for the military to assign “unlawful combatant” status
14.10.2009
Without Trial – administrative detention of Palestinians by Israel and the Incarceration of Unlawful Combatants Law: A new report published by HaMoked and B'Tselem severely criticizes the holding of hundreds of Palestinians in detention without trial and states that Israel's sweeping use of this measure is unlawful
26.8.2009
Unexpectedly, after having spent over six and seven years in prison, two Palestinians from the Gaza Strip held in Israel under the Incarceration of Unlawful Combatants Law have been released: the two prisoners were placed in administrative detention in 2002 and 2003 and following the implementation of the disengagement plan, the Chief of Staff issued a warrant for their incarceration pursuant t...
30.6.2008
The Supreme Court has confirmed that the Incarceration of Unlawful Combatants Law is constitutional, rejecting the appeals submitted by HaMoked on behalf of two Palestinians from the Gaza Strip who are being held in prison in Israel under the law: The ruling declines to address the Appellants’ cases and ignores the fact that they were arrested 5 and 6 years ago in the Gaza Strip under the Admin...
17.10.2007
Lebanese prisoner represented by HaMoked was released on 15 October, 2007, following a deal between Israel and Hizbullah: The prisoner, who has a documented history of psychiatric illness, was arrested by the military during last summer’s Lebanon war while sitting at a coffee shop in his village with some friends*
23.8.2006
Five Lebanese men who were abducted by Israel are released: On 21 August 2006, HaMoked petitioned the High Court to order the Defense Minister and the General Security Service to explain the legal basis upon which they abducted the five men and why they continue to hold them. The petition also raised the fear that the five were abducted and held solely on the "suspicion" that they were related ...
9.8.2005
Following the end of military rule in the Gaza Strip, the State released three administrative detainees, residents of the Strip, but issued new detention orders against two others under the Incarceration of Unlawful Combatants Law: the orders were issued a few days after the Supreme Court declined to review the difficult questions raised by this Law, and ruled – based on the State's notice – th...
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