A and B v. Israel

CrimA 3261/08, ILDC 1069 (2008)

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A and B v. Israel

Israel Supreme Court
CrimA 3261/08, ILDC 1069 (2008)

Facts

A and B (defendants) were inhabitants of Gaza who were placed under administrative detention by Israel in 2002 and 2003, respectively. The detentions were reviewed and upheld by the Gaza Military Court. In September 2005, Israel ended military rule in the Gaza Strip, and internment orders were issued against A and B under the Internment of Unlawful Combatants Law (the law). The law gave Israel the power to detain “unlawful combatants,” defined as individuals who participated in hostilities or were members of forces that carried out hostilities against Israel and did not meet the criteria to be classified as prisoners of war. A and B challenged their detentions, but the Tel-Aviv-Jaffa District Court (the district court) concluded that the internment orders under the law were proper because releasing A and B would harm state security. A and B appealed to the Israel Supreme Court, but the appeal was denied. The supreme court’s judgment noted that A and B were members of Hezbollah, which was still engaging in hostilities with Israel, and that A and B had participated in covert actions against Israeli citizens prior to the detentions. The judgment noted that A and B posed a threat and could return to their previous activities if released. In accordance with the law, the district court subsequently conducted periodic reviews of the detentions and found that the detentions continued to be justified given A’s and B’s associations with Hezbollah and the risks that A and B would return to terrorist activities if released. A and B appealed.

Rule of Law

Issue

Holding and Reasoning (Beinisch, J.)

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