On 1 August 2017, the Israeli forces arrested 23-year-old Abed al-Salam al-Masri from Aqaba, Tubas. He was inside the 1948 territories without an entry permit.  The list of charges against him included incitement through personal posts on his Facebook account and entry without a permit. Abed was sentenced to 3 months imprisonment and a 2000 Shekel fine. After the end of his sentence, on 18 October 2017, Abed was taken to the bus which was to transport him to freedom. Israeli forces re-arrested him briefly after he took his seat, and gave him 4 months administrative detention.  

Abed’s lawyer managed to reduce his administrative detention order from four to three months, during the initial hearing. The lawyer appealed so Abed had another hearing on 10 December 2017 where the judge ruled for his release from prison, confirming that there was no security necessity to give him administrative detention.

Administrative detention is a procedure that allows the Israeli military to hold prisoners indefinitely on secret information without charging them or allowing them to stand trial. Israel uses three separate laws to hold individuals without trial:

·         Article 285 of Military Order 1651, which is part of the military legislation applying in the West Bank;

·         Internment of Unlawful Combatants Law (Unlawful Combatants Law), which has been used against residents of the Gaza Strip since 2005;

·         Emergency Powers (Detentions) Law, which applies to Israeli citizens.

The issuance of an administrative detention order falls within the powers of the Israeli military commander of the area, as well as the Minister of War, Avigdor Lieberman. Israeli law grants the military commander the power to make any modifications to military orders relating to administrative detention, for military necessity, without taking into account any international standards related to the rights of detainees. Administrative detention is allowed under international humanitarian law, but only under truly exceptional circumstances. As such, occupying states are not allowed to use it in a sweeping, or systematic, manner. Administrative detention may be used against protected persons in occupied territory only for “imperative reasons of security” (Fourth Geneva Convention, Art.78). Abed al-Salam did not constitute any imperative security threat. This case is not unique, but rather represents the norm. The sheer number of these orders, combined with the specifics of the people they are used against, clearly demonstrates the occupying power's intent in regards to this policy. It is simply a punitive measure, which seeks to ensure that anyone seeking to speak out against the crimes of the occupation will think twice. It is a single oppressive part in a broader system of control, which punishes those who seek dignity.

Abed al-Salam was released, though, there are currently 453 administrative detainees in Israeli military prisons. Addameer calls on Israeli occupation forces to release all administrative detainees and also calls on third state parties to take steps towards holding Israel accountable for their violations of IHL and IHRL.