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Israel holding more than 1,000 Palestinian detainees without charge, most since 2003

Palestinians wave flags during a rally.
Palestinians wave flags during a rally along the border fence with Israel near Gaza City on March 30, 2023.
(Adel Hana / Associated Press)
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Israel is holding more than 1,000 Palestinian detainees without charge or trial, the highest number since 2003, an Israeli human rights group said Tuesday.

Israel says the controversial tactic, known as administrative detention, helps authorities thwart attacks and hold dangerous militants without divulging incriminating material for security reasons.

Palestinians and rights groups say the system is widely abused and denies due process, with the secret nature of the evidence making it impossible for administrative detainees or their lawyers to mount a defense.

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HaMoked, an Israeli-based human rights group that regularly gathers figures from prison authorities, said that as of the start of the month, there were 1,016 detainees held in administrative detention. Nearly all are Palestinians detained under military law, as administrative detention is very rarely used against Jews. Four Israeli Jews are being held without charge.

“There is no sense of when the nightmare will end,” said 48-year-old Manal Abu Bakr in Dheisheh, a refugee camp near the West Bank city of Bethlehem. Her 28-year-old son, Mohammed, lost his four college years to administrative detention. Her husband, Nidal, a journalist and radio presenter, remains in custody. He has spent 17 years behind bars in the last three decades, more than half of the time without charge, according to a prisoners’ rights group, the Palestinian Prisoners Club.

The hearing on the renewal of his detention is set for September. “I’m exhausted,” Abu Bakr said. “It’s hard even to hope.”

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HaMoked says 2,416 Palestinians are serving sentences after being convicted in Israeli military courts. An additional 1,409 detainees are being held for questioning, have been charged and are awaiting trial, or are currently being tried.

Israeli lawmakers have repealed a 2005 act that saw four Jewish settlements in the occupied West Bank dismantled when it withdrew from the Gaza Strip.

Among the 76 Palestinians incarcerated in the last month, 49 are administrative detainees. Administrative detention orders can be issued for a maximum of six months, but can be renewed indefinitely.

“The numbers are shocking,” said Jessica Montell, the director of HaMoked. “There are no restraints on the use of what should be a rare exception. It’s just getting easier and easier for them to hold people with no charge or trial.”

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A widespread military crackdown on Palestinian militants in the occupied West Bank has helped fuel the sharp rise in administrative detentions.

Israel’s campaign of raids into Palestinian cities and towns following a string of deadly Palestinian attacks last year led to the arrests of more than 2,400 Palestinians since March 2022, the Israeli military said. Israel’s Shin Bet security service did not immediately respond to requests for comment on the latest administrative detention figures.

Israel describes the ramped-up raids as a counter-terrorism effort to prevent further attacks. Palestinian residents and critics say the operation only further stokes the cycle of bloodshed, as the incursions ignite violent protests and gun battles with Palestinian militants.

The U.S. is so far empty-handed in dealing with Israel’s radical government and dysfunctional Palestinian leadership.

Nearly 90 Palestinians in the West Bank have been killed by Israeli fire this year, according to an Associated Press tally. Palestinian attacks against Israelis have killed 15 people in the same period. Israel says most of the Palestinians killed were militants, but the dead have included stone-throwing youths and bystanders who were not involved in violence.

The last time Israel held this many administrative detainees was in May 2003, HaMoked said, in the throes of a violent Palestinian uprising known as the second intifada.

“The numbers always increase when there are heightened tensions on the ground,” said Sahar Francis, a director of Addameer, a Palestinian prisoners’ rights group. Administrative detention “is an efficient tool for the arrest of hundreds of people in a short time.”

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The West Bank has been under Israeli military rule since Israel captured the territory in the 1967 Middle East War. The Palestinians want it to form the main part of a future state.

The territory’s nearly 3 million Palestinian residents are subject to Israel’s military justice system, while the nearly 500,000 Jewish settlers living alongside them have Israeli citizenship and are subject to civilian courts.

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