Administrative detention, a controversial counter-terrorism measure, empowers authorities to detain individuals without charge or trial, drawing criticism for potential rights violations. This article addresses these concerns, focusing on the unique challenge of separating powers. It provides a detailed overview of administrative detention, exploring its historical, legal, and rational foundations and characteristics. Advocating for comprehensive reform in the Israeli-Palestinian conflict, including court-ordered preventive detention and special advocates, the article strives to harmonise detainees’ rights and national security. This reform aspires to ensure the equitable application of administrative detention, with potential implications for other states.
National Security Dynamics: From Administrative to Preventive Detention in Israel's Counter-terrorism Landscape
by
Shai Farber