Issues
Administrative Detention
Administrative detention allows Israeli military authorities to detain Palestinians, including children, without filing criminal charges or holding a conventional criminal trial. Its use raises serious concerns about arbitrary detention, due process, and the rights of children.
What Is Administrative Detention?
Administrative detention is detention ordered by military authorities on the basis of alleged security grounds, without a criminal charge or ordinary criminal trial. The detainee and their lawyer may be prevented from examining the evidence used to justify the order.
The Legal Framework
In the occupied West Bank, Israeli military authorities exercise detention powers under military law, including Military Order No. 1651. Administrative detention orders may be issued for periods of up to six months and renewed repeatedly. Repeated renewals can result in prolonged detention without a criminal conviction.
Impact on Children
Detention without charge or trial can cause serious harm to a child's education, family life, psychological well-being, and development. Children are entitled to special protection, and detention must be used only as a measure of last resort and for the shortest appropriate period.
International Legal Standards
International human rights law requires that detention must not be arbitrary and that detainees have access to effective legal safeguards. The Convention on the Rights of the Child requires that the best interests of the child be a primary consideration and that children deprived of liberty receive treatment appropriate to their age and needs.
SIYAJ's Position
SIYAJ calls for an end to the arbitrary detention of children, full respect for due process and fair-trial guarantees, access to legal representation, and the release of children detained unlawfully. Any deprivation of a child's liberty must comply with international legal standards and protect the child's dignity and best interests.
References
1. UN Committee against Torture, Concluding Observations on Israel, paragraph 17, U.N. Doc. CAT/C/ISR/CO/4 (14 May 2009). 2. UN Human Rights Committee, Concluding Observations on Israel, paragraph 7, U.N. Doc. CCPR/C/ISR/CO/3 (29 July 2010).
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