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After the rejection of three judicial reviews and their appeals: the military revokes an incarceration order against a Gaza Palestinian, issued under the Incarceration of Unlawful Combatants Law
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Academic | 19.11.2009
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Article reviewing the manners in which various democracies handle their common difficulty in proving suspicions against alleged terrorists during hearings: while governments are forced to protect the sharing and collection of sensitive information when proving cases against terror suspects during hearings, withholding evidence from the suspects allegedly compromises the fairness of the judicial...
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HaMoked Report | 14.10.2009
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A report by HaMoked and B’Tselem regarding the administrative detention of Palestinians and the Incarceration of Unlawful Combatants Law. At the time of publication, 335 Palestinians were held in Israeli prisons without trial. These detainees have no ability to properly defend themselves and disprove claims against them or present alternative evidence, as in most cases, the judges declare the e...
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Position Paper | 8.9.2009
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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...
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The Court rejected HaMoked's appeal against the Beer-Sheva District Court's decision to uphold an imprisonment order under the Incarceration of Unlawful Combatants Law issued against a Palestinian during the war in Gaza: The Court ruled that despite the fact that the incarceration procedure was faulty, the confidential material presented by the State justified the order
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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...
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Verdict / Supreme Court | 6659/06 | 11.6.2008
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Judgment in the appeal against the district court's decision regarding the constitutionality of the Incarceration of Illegal Combatants Law. The appellants are Palestinians from the Gaza Strip who were held in administrative detention until the completion of the disengagement plan in September 2005. They have since been held in detention under the Illegal Combatants Law. The judgment confirms t...
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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*
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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 ...
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Verdict / Supreme Court | 14.3.2006
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Taken from the website of the International Committee of the Red Cross.
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Verdict / Supreme Court | 8.9.2005
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Taken from the website of the International Committee of the Red Cross.
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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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Law | 4.3.2002
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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
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