On January 6, 2020, HaMoked sent the Israeli Prison Service (IPS) a request under the Freedom of Information Law for data concerning administrative detainees held by Israel.
On March 8, 2020, the IPS responded that, on that date, Israel held 431 adult Palestinian men in “security administrative” detention. Of them, 169 have been detained for a period of up to six months (4 of them from East Jerusalem and the rest from elsewhere in the West Bank); 159 for a period of six months to a year (all from the West Bank); 100 for a period of a year to two years (one of them from East Jerusalem). Three have been in administrative detention for over two years. It is important to note that the administrative detention of any one of these detainees might be extended further.
According to the response, four women are currently held in administrative detention: two of them for a period of up to six months and two for a period of a year to two years. Additionally, there are two minor boys in administrative detention for a period of up to six months.
The response also stated that Israel does not currently hold anyone pursuant to the
Incarceration of Unlawful Combatants Law, 5762-2002 – which allows for the detention without trial of Gazans, among others.
It is important to note that it is likely that some of those now held in administrative detention were administratively detained for periods in the past – these past periods of detention are not included in the data provided, which shows only current consecutive detention periods.
Administrative detention constitutes a draconian violation of a person’s rights to liberty and due process. International humanitarian law permits this detention without trial only as an exceptional measure when there is a substantial security threat that cannot be otherwise avoided. But Israel’s use of this measure toward Palestinians is not exceptional at all; Israel holds hundreds of Palestinians from the West Bank in administrative detention for periods of months and even years. Furthermore, administrative detention orders are based on “classified material” such that the detainee has no way to refute the allegations against them. And the Israeli military can extend the period of administrative detention without limit. The infringement of rights of administrative detainees is exacerbated by the fact that many of them are held
inside Israel, in blatant violation of the Fourth Geneva Convention, which prohibits the transfer of inmates outside the occupied territory.
For general data on Palestinian “security” inmates,
see table.
