ABSTRACT

This chapter analyzes the mixture of detention models operated in Israel. Two types of detention are used in Israel, the first in accordance with domestic criminal law, and the second in accordance with administrative law. Human rights groups have complained about the lack of access to lawyers whilst people are detained for pre-charge interrogation purposes. A new counter-terrorism bill, the Struggle against Terrorism Law 2011, which is designed to draw together in one place a comprehensive and updated anti-terror law, was passed in June 2013. In Israel, administrative detention has its roots in British colonial law. Detention may be ordered where the chief of general staff has "reasonable cause to believe that a person being held by the State authorities is an unlawful combatant and that his release will harm State security". In the Occupied Territories administrative detention is enforced pursuant to military order.