Military Court Watch

Administrative detention

Administrative detention is a procedure outside the judicial process whereby a person can be detained without charge or trial by order of an Israeli military commander. Under Military Order 1651, a person can be detained for up to six months with an indefinite number of renewals. The process is reviewed by a military court judge but is generally based on secret evidence which the recipient of the order is not entitled to see. Accordingly, the review process is generally illusory in nature. Under the review process the military court judge can either confirm, revoke or reduce the term of the order.

Administrative detention is permitted under international law in strictly limited circumstances and only if the “security of the state … makes it absolutely necessary”. However, both the UN Committee Against Torture and the UN Human Rights Committee have criticised the military authority’s extensive use of administrative detention orders which in certain circumstances can amount to cruel, inhuman or degrading treatment or punishment.

Between December 2011 and September 2015 no child was held in administrative detention. In October 2015 the miliary authorities re-commenced issuing administrative detention orders for children following a four year hiatus.

Cases

Updated: June 2019