Administrative detention is a measure of the restriction of individual freedom applied for safety reasonsIn the sort of Israel this measure is based on the Law on the authority in state of emergency) enacted in during the british mandate of Palestine, and amended in. In the Knesset in plenary session, invited the Committee for Constitution, Law and Justice to prepare a bill for the repeal of administrative detention on the basis of the violation of democratic principles. According to B'tselem, the Centre, the israeli information for human rights in the occupied territories, the repeal was not possible as the legislation served as the legal basis for the military government that was in force for arab citizens of Israel. The state administrative detention is used mainly in cases where the clues available consist of information obtained by means of the secret services (particularly the Shin Bet), and in cases where a public trial may detect information deemed to be a security by israeli forces. It is mainly applied to the alleged militant pro-palestinians and their accomplices, and was also applied to israeli citizens (for example, following the murder of Yitzhak Rabin). The Minister of defense has the authority to decide detentions administrative for a period in excess of six months if it considers that there is a ragionevele possibility that the subject would endanger the national security. The minister may renew the order A measure of administrative detention can be appealed at the district court and, if rejected, to the supreme court of Israel. The district court may revoke the detention if it believes that such a measure is imposed for different reasons by national security (such as ordinary crimes, events, etc). The general supervision on the correct enforcement of the law lies with the Ministry of justice. In the west bank and in the Gaza Strip, each army commander can issue an order of administrative detention, which can be appealed at the local military court and, if denied, to the supreme court. Also in this case, the order is valid for six months but may be renewed indefinitely by the authorities. Israel is based on the use of administrative detention in the occupied territories to article of the Fourth Geneva Convention that states,"if the occupying Power considers it necessary, for imperative reasons of security, to take safety measures towards protected persons, it may at most impose a forced residency or proceed to their internment.". However, according to the vice-president of the european Council, Luisa Morgantini,"the administrative detention is allowed by international law, but only with severe restrictions to its application, in order to prevent the danger to national security represented by a particular individual. Israel has, however, never specified the criteria for which is defined the concept of 'national security'. Therefore, the use of administrative detention violates the restrictions provided for by international law".
According to the report of Un special rapporteur John Dugard,"since, they have been imprisoned more than. palestinians Currently in the israeli prisons there are in all about.
prisoners, including minors, women, forty-four members of the Palestinian Legislative Council, and about eight hundred people in administrative detention". The nine July, the Chairman-in-office of the european council, Jean-Pierre Jouyet, stated that"the Council calls on Israel to undertake significant initiatives, in particular as a priority the liberation of women, children, and representatives regularly elected, who are in prison or under administrative detention".
