Israel's use of administrative detention blatantly violates these restrictions. Over the years, Israel has held Palestinians in prolonged detention without trying them and without informing them of the suspicions against them. While detainees may appeal the detention, neither they nor their attorneys are allowed to see the evidence. Israel has therefore made a charade out of the entire system of procedural safeguards in both domestic and international law regarding the right to liberty and due process.

In 1998, the number of Palestinians held in administrative detention began to gradually decline. From 1999 to October 2001, the average number was less than twenty. The legal basis for holding administrative detainees remained the same, however. This enabled Israel to steadily increase the use of administrative detention after October 2001. This trend increased greatly during and after Operation Defensive Shield. By the beginning of March 2003, Israel held more than one thousand Palestinians in administrative detention. In 2007, Israel held a monthly average of 830 administrative detainees, which was one hundred higher than in 2006.

B'Tselem urges the Israeli government to immediately release all administrative detainees or bring them to trial for any criminal offenses they are suspected of having committed. B'Tselem also calls upon the government to direct the military commanders to amend the military orders applying to the West Bank and the Gaza Strip pursuant to which administrative detention is made, so that it conforms to international legal standards.