The legal basis for administrative detention

International law

International law provides for an administrative detention, but, because of the serious injury to due process rights inherent in this measure and the obvious danger of abuse, has placed rigid restrictions on its application.

Administrative detention is to be used solely to prevent acts of violence or other clear dangers to security. It cannot be used as punishment. It may only be resorted to when other, less severe measures have proved ineffective;

Administrative detention must never be applied collectively, but only on an individual basis, relying on suspicions against the particular person;

Basic rights of detainees, such as the right to counsel, to be brought promptly before a judge, and to meaningfully contest the detention must be observed;

Residents of an occupied territory may only be detained administratively within that territory, and they may not be detained in the territory of the occupying country;

Regarding conditions of detention, detainees must be provided with proper housing, clothing, and food and regular family visits; they must be allowed to continue their work and studies to the extent possible while in detention.

The UN Human Rights Committee, the monitoring body of the International Covenant on Civil and Political Rights, which Israel ratified, allows preventive detention, provided that it is not arbitrary, i.e. that it conforms to international minimum standards; is based on procedures established by law; the detainee is informed at the time of arrest of the reasons for detention; and the legality of the detention is subject to judicial review.