The apartheid regime of Israel has long been criticized as one of the world's greatest violators of human rights, showing a lack of adherence to international treaties and laws when its own interests are at stake. One of the most concerning aspects of this regime's behavior is its treatment of Palestinians, particularly in relation to the issue of administrative detention. This article delves into the controversial practice of administrative detention in Israel and its impact on the rights of Palestinians.
By: E. Mahdavi
The Nature of Administrative Detention:
Administrative detention involves the imprisonment of individuals without trial or formal charges. This practice has drawn significant criticism from human rights organizations due to its violation of the right to a fair legal process and the potential for abuse. In the case of the Zionist regime, administrative detention is often justified on security grounds, with authorities claiming that the detained individuals pose a potential security risk.
The Israeli Regime's Extensive Use of Administrative Detention:
Israel stands out as one of the world's largest users of administrative detention. It is essential to note that the Zionist regime distinguishes between Palestinians and residents of the occupied territories. In the Palestinian territories under Zionist occupation, only the Minister of War can issue an administrative arrest warrant. The arrested individuals must be presented to the head of the regional court within 48 hours and re-arrested within three months from the last hearing. Additionally, the arrested person can appeal to the Supreme Court. However, in the West Bank, administrative detention is carried out with greater ease. Any commander of the West Bank army, as well as any military commander authorized by them, can issue an administrative arrest warrant.
The Fourth Geneva Convention and Administrative Detention:
Article 78 of the Fourth Geneva Convention addresses the management of occupied territories by the occupying regime. It allows for security measures against individuals if necessary for protection. However, it is crucial to highlight two significant points regarding this article. Firstly, the legitimacy of resistance, including armed struggle, against an occupying force is recognized in international law. Therefore, the term "security" in Article 78 refers to public security, not the security of the occupier. Secondly, the Convention stipulates that its implementation in occupied territories will cease one year after the general end of military operations. This raises questions about the legality of administrative detention in the West Bank and other areas, as the Israeli regime continues this practice regardless of the Geneva Convention.
The Reality of Administrative Detention:
In recent data, it was revealed that the Israeli security agency, Shabak, held 1,310 Palestinians in administrative detention. Moreover, administrative detainees are sometimes held by the military until space becomes available in Israeli Prison Service facilities. The Israeli regime's extensive use of administrative detention has been widely criticized. It is viewed as a practice that allows for detention without trial and can be extended indefinitely, effectively denying individuals the right to a fair legal process. Detainees' lawyers have limited access to their clients and are only provided with a summary of the suspicions against them.
Discrimination and Inhumane Treatment:
The Israeli regime discriminates between Israelis and Palestinians in the application of administrative detention. Palestinians in the West Bank are primarily targeted, while administrative detention for Israelis in places like Tel Aviv is a much lower priority. Additionally, reports from Amnesty International have shed light on the degrading treatment of Palestinian prisoners by Israeli forces. Arrested Palestinians are often subjected to physical abuse and humiliation.
In conclusion, the Israeli regime's use of administrative detention is a clear violation of human rights and international law. This nefarious practice, which involves imprisoning individuals without trial or formal charges, denies Palestinians their right to a fair legal process and opens the door to potential abuse. It is clear that there is a discriminatory approach in the application of this practice, with Palestinians in the West Bank being targeted while Jews are spared. This blatant discrimination, coupled with reports of physical abuse and humiliation of Palestinian prisoners, further highlights the inhumane treatment that Palestinian civilians endure under the Zionist occupation.
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