Examining the Controversial Israeli Justice System in the Occupied West Bank: The Release of Palestinian Prisoners
Controversial Israeli justice system in the occupied West Bank comes into focus with the release of Palestinian prisoners Some detainees, including children, were held under administrative detention, raising concerns about indefinite holding without trial or charge
Fatima Shahin spent seven months in an Israeli prison, accused by authorities of attempting to murder an Israeli in the occupied West Bank. Despite the accusation, she was never formally charged with any crime.
The 33-year-old from Bethlehem in the West Bank was released on Friday, along with 38 other Palestinians, as part of the truce between Israel and Hamas in exchange for Israeli hostages. This brings the total number of Palestinian prisoners and detainees released by Israel to 180, and the number of hostages released by Hamas to 81, as of Wednesday.
Like Shahin, the majority of those who have been released so far - 128 out of 180 - were detained without being charged, given a trial, or the chance to defend themselves. Some were not even informed of the reason for their detention.
Several Palestinians were held under an unclear military justice system that permits Israel to hold individuals indefinitely without trial or charges.
Since capturing the West Bank in 1967, Israel has implemented two separate justice systems in the region. Palestinian residents are under the authority of Israel's military courts, which consist of uniformed Israeli soldiers as judges and prosecutors. In contrast, Jewish settlers in the West Bank are subject to civilian courts. A legal adviser from the Israel Defense Forces International Law Department explained to CNN that international law prohibits Israel from imposing its own legal system on the West Bank, necessitating the dual justice systems.
BTselem, a non-governmental organization known as The Israeli Information Center for Human Rights in the Occupied Territories, has reported that the courts play a key role in upholding Israel's control over the Palestinian population.
Shahin recounted her experience of being detained without access to legal representation and communication with her family, all while recovering from injuries sustained during her arrest.
She denied the accusation of carrying out a stabbing, stating that she was actually the one shot and left with partial paralysis. According to the Israel Prison Service, the released prisoners had been serving time for serious crimes, but data from Israeli authorities shows that most of them had not been charged or convicted.
Administrative detention
The Israeli Ministry of Justice released a list of 300 Palestinian prisoners and detainees who are set to be released as part of the exchange agreement, just before the truce took effect last week.
The majority of individuals on the list had not faced charges or been sentenced for any criminal offenses. Instead, as per the document, some had been detained or placed under administrative detention, a disputed procedure that permits Israeli authorities to indefinitely hold individuals on security grounds without trial or charge, often based on undisclosed evidence.
Israel also utilizes this as a preventive measure, detaining individuals not for past actions, but for purported future offenses. Numerous detainees subject to this policy are unaware of the reasons for their imprisonment, as the evidence against them is classified.
Former Palestinian prisoners expressed their emotions as they departed from Ofer, the Israeli military prison, following a exchange agreement between Hamas and Israel. The scene unfolded near Ramallah in the West Bank, which is under Israeli occupation, on Sunday.
BTselem stated that the detainees are left in a helpless state, as they are confronted with unspecified allegations that they cannot refute, with no knowledge of when they will be released, and without any charges, trials, or convictions.
Israeli law allows for individuals to be placed in administrative detention for up to six months at a time, with the possibility of indefinite renewal. Data from the Israel Prison Service (IPS) obtained by BTselem revealed that as of September, over 1,300 Palestinians were being held in administrative detention, with approximately half of them having been detained for more than six months.
The IDF legal adviser stated that the administrative detention law is consistent with international legal frameworks and adheres to the Geneva Convention. Nevertheless, the official acknowledged the possibility that, in certain instances, the law may have been applied in an overly aggressive manner.
Israel's utilization of the policy has been met with widespread condemnation. After the death of prominent Palestinian activist and former Islamic Jihad spokesperson Khader Adnan in an Israeli prison following an 87-day hunger strike in May, UN experts urged Israel to cease the practice, denouncing it as "cruel" and "inhumane."
Adnan's eight years in Israeli jails, mostly under administrative detention, made him a symbol of Palestinian resistance to Israeli detention policies. Surprisingly, he was never actually sentenced. In spite of criticism, the number of administrative detainees in Israeli facilities continues to rise steadily.
As of September, the number had reached its highest point in over thirty years, exceeding the previous record established during the peak of the Second Palestinian Intifada (uprising) in 2003, as reported by data obtained by BTselem and HaMoked, an Israeli NGO that specializes in human rights law and offers free legal assistance to Palestinians.
Children in detention
Recent events have brought attention to another issue for which Israel has faced criticism: the detention of children 18 years and younger. According to BTselem, the Israel Prison Service was holding 146 Palestinian minors on security grounds as of September.
In Israel, children as young as 12 can be detained for up to six months under the law. They are often held in military prisons alongside adults. The recent exchange deal has led to the release of mostly teenagers aged 16 to 18, but there are also five 14-year-olds and seven 15-year-olds on Israel's list of eligible detainees for release.
Malak Salman, at the age of 16, was arrested in 2016 for allegedly attempting to stab an Israeli police officer in Jerusalem. Although Israeli authorities reported no injuries, she was convicted of attempted murder and received a 10-year sentence in a military prison. Following an appeal, her sentence was reduced to nine years.
Having served nearly eight years of her sentence, Salman was released from prison on Friday. She was able to reunite with her family in Jerusalem, although they were not permitted to celebrate her release.
"At 2 p.m., the Israeli authorities arrived and surrounded the house, taking down any decorations meant for celebration. Fatima Salman, mother of Malak, expressed her disappointment, stating that they had stolen the joy of her daughter's release. The ban on celebrations for Palestinian prisoners was enforced by the Israeli authorities following statements by National Security Minister Itamar Ben Gvir, who condemned expressions of joy as support for terrorism and celebrations as empowering 'human scum.' Ben Gvir has a prior conviction for inciting racism against Arabs and supporting a terrorist organization."
Following the devastating terror attacks on Israel by Hamas on October 7th, the Israel Police have escalated their enforcement of the Counter Terrorism Law against Palestinians.
According to Article 24 of this law, individuals can be arrested and sentenced to up to three years in jail for any actions that show support or empathy towards a terror group, including publishing praises, showing symbols, or waving flags.
The entrance to Ofer Israeli military prison is guarded by Israeli military police, as part of an agreement between Israel and Hamas, on November 24. Palestinian prisoners are seen arriving from another Israeli prison.
Since the Hamas attacks last month, Palestinians have been detained for showing support to the civilians in Gaza and sharing verses from the Quran on social media, among other causes.
In response to a CNN inquiry about the rise in arrests related to social media activity, Israel Police stated last month that while they strongly support freedom of speech, it is crucial to address those who misuse this right to incite violence.
Regarding the celebrations by the families of released detainees, Ben Gvir emphasized on Thursday that "the policy here is unambiguous - to prevent these displays of joy and actively work to put an end to any support for these individuals."
The Israeli military court system holds Palestinian children, along with other Palestinians, with limited rights that do not meet international juvenile justice system standards. A report from Save the Children revealed that between 500 and 1,000 children are detained in Israeli military detention each year.
The organization reported that many children are detained for throwing stones, which is considered a serious offense under Israeli law and carries a maximum penalty of 20 years in prison. A recent survey of Palestinian children detained by the Israeli military revealed that 86% reported being beaten, 70% were threatened with harm, and 69% were strip searched during interrogation.
