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Amendment of Administrative Detention Law: Perpetuation of Apartheid Policy as Tool of Political Oppression

>> Read the full position paper

This position paper addresses the bill proposed by MK Simcha Rothman, which seeks to amend the Emergency Powers (Detentions) Law-1979. Its purpose is to limit the use of administrative detentions vis-à-vis Israeli citizens, but in such a discriminatory way that it would apply almost exclusively to Palestinians. The bill seeks to exempt Jewish settlers in the territories from administrative detention, which would remain applicable to Palestinians.

The proposed law perpetuates a policy of racial segregation (apartheid) by allowing the continued use of administrative detentions against Palestinians, while Jewish settlers would be almost entirely immune. This is further supported by public statements made by Defense Minister Yisrael Katz, who announced the cessation of administrative detentions for Jews only.

If legislated, the amended law might increase the use of administrative detentions against Palestinians, creating a legal reality where Palestinians could be systematically subjected to this draconian measure, while Jews would be fully protected. Zulat warns against the consequences of normalizing this tool as an instrument of political repression, particularly against groups that express opposition to the regime.

Our position is that the use of administrative detentions should be abolished altogether, be it in Israel or in the Occupied Territories. Administrative detention is an undemocratic tool that violates basic human rights, infringes on the right to due process, and undermines the right to freedom. Zulat proposes to focus solely on standard criminal proceedings instead of resorting to administrative detentions.

Even in a reality where security threats are routine, no law permitting the use of administrative detention be accepted, neither in general nor against specific groups, nor even if defined as an extreme emergency measure, given that the use of emergency powers permitted under Israeli law has become fully normalized under security pretexts and is routinely approved by the Knesset and the courts.

Therefore, Zulat calls for the complete abolition of administrative detentions to protect democracy in Israel and the human rights of all residents, without distinction.

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Dr. Maha Sabbah Karkabi

 

Senior Lecturer in the Department of Sociology and Anthropology, Ben-Gurion University of the Negev. She holds a Ph.D. in Sociology from Tel Aviv University (2015), a postdoctoral fellowship at the Center for Gender Studies, SOAS, University of London (2015-2016), a postdoctoral fellowship in the Department of Sociology at Tel Aviv University (2016-2017), and a postdoctoral fellowship Ph.D. at the Humphrey Institute for Social Research, Ben-Gurion University of the Negev (2018-2020).
Dr. Maha Karbahi’s areas of interest focus on the connection between social change, family behavior, and gender inequality in societies in the process of change and specifically in Palestinian Arab society in Israel. Her research draws attention to the study of family life and employment, using a combined “ethnic lens” and “gender lens” and paying attention to the perspective of Palestinian Arab women, a group characterized by intersections between multiple marginal locations, which over the years has remained hidden from the research eye. Dr. Karkabi-Sabah’s research is published in professional journals and chapters in scientific books that are considered pioneers in family research, work, and gender equality.

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Prof. Frances Raday

Professor Emeritus in the Lieberman Chair in Labor Law, in the Faculty of Law at the Hebrew University and serves as a full professor in the College of Management’s academic track, where she also serves as chair of the graduate program and as honorary president of the Concord Center for International Law Absorption. Radai was a member of a working group of the UN Human Rights Council on discrimination against women. In addition, she is a prominent and feminist human rights activist.

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Dr. Rawia Aburabia 

Faculty member of Sapir Academic College’s School of Law, received her PhD from the Hebrew University of Jerusalem. Her research deals with the interface between law, gender, minorities, and human rights. Has published in leading journals on the subject of the matrimonial laws pertaining to Muslim women in Israel. Her book Under the Law, Outside Justice: Polygamy, Gendered Citizenship, and Colonialism in Israeli Law is expected to be published as part of the Gender Series of Kibbutz Meuhad Publishing House.

Dr. Aburabia has extensive experience in international human rights and public law. She has worked as a jurist for the Association for Civil Right and has been invited as a specialist to address such international forums as the United Nations and the European Parliament on the subject of indigenous communities and minority rights. She has interned with Human Rights Watch in Washington DC, and has been a member of the executive board of Amnesty International. In 2018, she was selected by the magazine Globes as one of the 40 most promising young persons in Israel under the age of 40.

 

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Ron Kessler

With over two decades of experience in the field of digital content, Ron has participated in numerous political and social campaigns. He helped run the digital activity of senior public officials, and worked in various NGOs. Ron is a fundamentally optimistic man, who believes that Israel can be changed and so can people. Lives in Tel Aviv.