CHAPTER TWENTY FIVE

ILLEGAL ADMINISTRATIVE DETENTION OF PALESTINIANS

Zionists and their misguided supporters constantly repeat the canard that Israel is the only democracy in the Middle East. In order to cover up for the war crimes and crimes against humanity committed daily by Israel against Palestinians in the 80% of Palestine occupied in 1948, and in the West Bank and Gaza occupied since 1967, Zionists constantly spread the farce that Israel is a law-abiding and humane society. The truth is that Israel is a racist, inhuman and criminal regime. Its political and military leaders are war criminals who violate all international conventions related to the protection of an occupied civilian population from arbitrary arrest, detention without trial, and deprivation of ordinary protections of the law.

Count Three of the indictment presented to the International Military Tribunal which tried the major Nazi war criminals specifies:

Civilians of occupied countries were subjected systematically to "protective" arrests whereby they were arrested and imprisoned without any trial and any of the ordinary protections of the law, and they were imprisoned under the most unhealthy and inhumane conditions.

In the concentration camps were many prisoners who were classified "Nacht und Nebel." These were entirely cut off from the world and were allowed neither to receive nor to send letters. They disappeared without trace and no announcement of their fate was ever made by the German authorities.

Such murders and ill treatment were contrary to International Conventions, in particular to Article 46 of the Hague Regulations, 1907, the laws and customs of war, the general principles of criminal law as derived from the criminal laws of all civilized nations, the internal penal laws of the countries in which such crimes were committed, and to Article 6 (b) of the Charter. (1)

The Zionist leaders are guilty of exactly these crimes, for which Nazi leaders were indicted and condemned before being executed or imprisoned for lengthy terms.

All societies based upon law require that any suspect who is detained can only be arrested on the basis of supporting evidence. All societies based upon law require that the i authorities arresting a person must inform him of his rights. All societies based upon law require that a suspect be entitled I to a counsel who, moreover, is entitled to know the charges against his client.

The Israeli government arrests people without any evidence whatsoever. The Palestinian Arabs are allowed no rights. The Zionists may allow counsel to a victim of their arbitrary arrest, but the counsel is not informed of the alleged charges against his client, and thus cannot prepare a defense. Moreover, counsel often cannot even find out the whereabouts of his client in order to consult with him. There are no ordinary protections of the law, such as habeas corpus procedure, for the Palestinian Arab victim of arbitrary arrest.

Both under the military orders and in practice, the Palestinians in the occupied West Bank and Gaza Strip are subject to arbitrary arrest and detention. By virtue of Articles 78 and 8 1 of Israeli Military Order 378, a soldier in the Israeli army has the power to search premises and arrest upon suspicion without a warrant. (2)

These powers are frequently and arbitrarily used with the result that a Palestinian in the occupied territories may be stopped by soldiers anywhere and at any time, have his house entered and searched, and be arrested without the soldiers having any need to show reasonable cause or to present a warrant.

The power of detaining civilians by the military forces derives from the Mandatory Defense Emergency Regulations of 1945 and from later Israeli Defense Laws. The former were not, however, the first repressive measures introduced by the British Mandate and were preceded by the Emergency Laws, 1936, and the Defense Laws, 1939, which were enacted to subdue the Arab population after the 1936 Arab Revolt in Palestine. At the end of World War 11, these laws were re-enacted in their present form. (3)

The Emergency Regulations of 1945 consist of 170 articles divided into 15 sections. They deal with censorship, the restriction of freedom of movement, every aspect of control of the freedom of speech and the press, control of the various means of transport, regulation on the possession of arms, etc. The laws give the minister of defense the power to appoint military commanders as governors over any area he may see fit. On appointment, the governor automatically becomes a competent authority with the power to enforce, at his own discretion, all powers covered by the Defense Laws. (4)

Article III(1) stipulates that "A Military Commander may by order direct that any person shall be detained in such a place of detention as may be specified by the military commander in the order."

In order to leave no doubt about activating these regulations, Article 3 of Military Order No. 224, which was issued by the military following the 1967 war, states that "the Emergency regulations which were in force in the area as of the 14th of May, 1945, shall continue to be in force as of the 5th of June, 1967, and henceforth as though they were passed as an emergency regulation, unless they are repealed specifically by mentioning them by name as provided in the article above." (5)

In April, 1970, these regulations were replaced by Military Order No. 378, which has been amended 46 times over recent years. In the few cases where the defense made by lawyers on legal points have been successful, the order has been changed to prevent future successes. (6)

The detention regulations extrapolated from Military Order 378 are written in the broadest possible terms. There are no restrictions on the military commander's discretion, no rules of evidence and no provision for judicial review.

Alleged grounds for issuing an order of administrative detention under the Defense Regulations are: "To secure public safety, the maintenance of public order or suspicion of mutiny, rebellion or riot." While the detainee is permitted theoretically to be represented by counsel, if word of his detention gets out, neither the detained nor his or her counsel is permitted to know the grounds for designating the detainee a security risk.

A soldier or policeman may hold a suspect for four days, a police officer can extend it for an additional seven days and a higher ranking officer can add another seven days. In total, a person can be brought before a military judge for the first time after eighteen days of detention.

The court can lengthen the suspect's detention for the purpose of investigation for six months before the case is tried. Likewise, the military court can extend detention for a suspect against whom a letter of indictment has been submitted, for a period of six months." (7)

The decision to renew the detention is usually based on the information supplied by the military prosecutor. Applications for release on bail are almost never accepted. The Military Court has also made clear that it will not accept applications for habeas corpus.

Military Order 378, like many others, appears to have been made exclusively in the interest of the occupier. It cannot be justifiedeven under the broadest interpretation of the prerogatives of a belligerent occupier under international law. In fact, these military orders and their extensive amendments constitute a violation of international law.

International law, and particularly Article 64 of the Fourth Geneva Convention of 1949, severely restricts the power of a belligerent occupier to carry out legislative enactments altering local laws except in the areas of security and public order. (8)

Immediately after the 1967 war on 14 June, the UN Security Council in its resolution 237 (1967) recommended to the governments concerned "the scrupulous respect of the humanitarian principles governing the treatment of prisoners of war and the protection of civilian persons in time of war contained in the Geneva Conventions of 12 August, 1949." It is particularly important that the U.S. Government has consistently taken this position. For example, Ambassador Charles Yost stated in the UN Security Council on July 1, 1969, that the Government of Israel was required by law to apply the Geneva Civilian Convention and added that the U.S. Government "has so informed the government of Israel on numerous occasions since July 1967." On November 1 1, 1976, while the Ford administration was still in office and after consultation with the administration of the recently elected Carter, the U.S. participated in a Security Council consensus statement concerning the law applicable in the occupied territories. In this unanimous action, the Security Council stated "its reaffirmation that the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War is applicable to the Arab territories occupied by Israel since 1967."

Resolution 446 of the Security Council, adopted on March 22, 1979, "affirmed once more" that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, "is applicable to the Arab territories occupied by Israel since 1967, including Jerusalem." This principle was reaffirmed by the Security Council in the following resolutions: 465 (1980),471 (1980), 476 (1980), 478 (1980) and 484 (1980). It was also affirmed by the United Nations General Assembly in its sessions in at least 26 resolutions starting from the Special Session of July 1967 and by resolution 2252 (ES-V).

The use of military regulations, particularly those that give absolute authority to the occupier power over the Palestinian population, was not only rejected on the ground of the provisions of the Geneva Convention but was also criticized as violating the minimum requirement of protecting elementary Human Rights of the people under any political rule or occupation.

Arbitrary detention after arbitrary arrest is thoroughly documented in Occupied Palestine. The Zionists utilize this method to terrorize the indigenous population and to try to force them to leave their native land so that their homes and properties can be usurped by Jews arriving from anywhere in the world. The administrative detention orders issued by Israel have no force in law, and constitute war crimes and crimes against humanity.

Administrative detention is detention of individuals by the military authorities without charge or trial, using administrative (as opposed to judicial) procedures. Under administrative detention procedures, a detainee can be held for up to six months with a review of the case every three months, and the possibility of six-month extensions indefinitely. The evidence presented before the military court to justify the detention is secret, open only to the prosecutor and the military judges. Since the procedure is considered "preventive," there are in fact no charges brought against the detainee, but only "evidence" that his or her detention is deemed necessary to "prevent" security violations, a claim usually made by the security services and accepted without question by the military prosecutor and court judges.

Review and appeal procedures within the military court system, instituted in 1980, are not subject to outside scrutiny. Access to evidence is again denied the detainee and legal counsel, although the burden of proof is placed on the detainee to substantiate procedural complaints against his or her detention. Moreover, the reviews and appeals are conducted by military officers inferior in rank to the issuing officer, who is their commander, thus putting the independence and objectivity of the review and appeal under serious question.

Intense international and local pressure in the late 1970's and early 1980's apparently contributed to the temporary illegal Administrative Detention Of Palestinians 675 suspension in the use of administrative detentions in the early 1980's, with the last administrative detainee being released on March 2, 1982. But other administrative procedures took their place, including town arrest and other restriction orders.

The reintroduction of administrative orders in 1985 seemed to be a response to intensified pressure on the government from Israeli settlers and other extremists for harsh measures to be taken against the Palestinians of the occupied territories, in the wake of the prisoner exchange of May 20, 1985, and intensified resistance activity. From the first order, against Ziad Abu Bin, on July 31, 1985, up to the beginning of the Intifada in December 1987, 154 persons were placed under administrative detention, 13 of them twice, and 1 three times. Most of the detainees are students, with a high percentage of union leaders, and a number of journalists and other professionals.

Even according to Israeli laws, administrative detentions cannot be used for punitive reasons, but rather must be shown to serve as a preventive measure to insure the state's security. The secrecy surrounding the procedures and evidence renders precise assessmentof the military authorities' motives impossible. Yet the circumstances of its reinstitution in 1985, the extensive powers of the military authorities to insure the state's security through other means, and the character and professions of the detainees strongly suggest that it was used to satisfy public demand, to silence political opposition, and to prevent the emergence of a strong, local Palestinian leadership.

The National Lawyers Guild 1989 report, International Human Rights Law and Israel's Efforts to Suppress the Palestinian Uprising, states that the Israeli government

administratively detained about 4,000 during the uprising through October 1988. (9) The maximum number held in administrative detention at one time was about 3,000, with releases reducing the number to 2,000 by autumn. (10) On March 17, 1988, the military administration issued a new regulation on administrative detention. (11) Newspapers reported that it permitted any IDF officer above the rank of colonel to order administrative detention. (12)

The March 17, 1988 regulation also revoked the 1980 procedures for review by a military court. The purpose, according to a press account, was "to ease the heavy burden on the military courts and the military prosecutor resulting from the large number of administrative detention orders issued in the last three months." Judicial review within 96 hours was also eliminated. However, a detainee was given the right to appeal to a newly established Military Appeals Committee compsed of a military judge and two 1DF officers. (13)

Under a June 13, 1988 amendment to the March 17, 1988 regulation, appeal to a single judge was substituted for appeal to a three-judge panel. In hearings before this judge, the detainee was not permitted knowledge of the information on which the detention was based. Because of the large number of cases, requested appeals werenot being heard promptly. (14)

The government's use of administrative detention during the uprising violated the 1949 Convention. Article 6 does not permit administrative detention more than one year after the "general close of military operations," as administrative detention is deemed an extraordinary measure. Military operations closed in June 1967. Further, Article 78 permits internment only "for imperative reasons of security." Even apart from Article 6, "imperative reasons of security" were not involved in most of the large number of detentions made during the uprising.

The administrative detentions also violated human rights law, which gives a detainee a right "to take proceedings before a court, in order that such court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful." (15)

While the Israeli law concerning administrative detention also applies to the area occupied in 1948, the use of this procedure in the 1980's has been restricted so far to the West Bank and Gaza.

In the West Bank and Gaza, individuals may be detained for up to 14 days without any contact with a third party. After 14 days, a representative of the International Committee of the Red Cross may visit the detainee, on the request of the family, if there is some reason to believe that the detainee has been mistreated or is in need of medical attention. After 18 days, the detainee must be brought before a military court, for a hearing concerning the extension of detention, the charges or the possibility of release. Detention by the security services for the purposes of interrogation and investigation can be extended, with periodic reviews, for up to a year, with no charges being brought. The typical period of detention before charges are brought is about 60 days. Rarely is a "security" suspect released on bail. Inside the area occupied in 1948, where the Emergency Defense Regulations still apply, detention for interrogation can also be extended for long periods, but the detainee must first be brought to court within 48 hours of detention.

In any typical year up to the beginning of the Palestinian Intifada in December, 1987, hundreds of people, mostly male youths, were rounded up in areas in which alleged security violations had occurred, and taken into custody for interrogation. Most were released within a few hours or days, but many were held longer without charges. According to an Agence France Presse report, the number of those detained for 18 days or more in 1984 but not prosecuted was 471, indicating the random, arbitrary and groundless manner in which arrest campaigns are carried out.

Following are a number of verified cases of illegal administrative detention covering only the years 1985, 1986 and 1987. The vast number of cases since the beginning of the Intifada in December 1987 prohibit listing all of the thousands of verified cases since then. But the methodical use of Administrative Detention by the Zionist occupation authorities utilizes the same mechanics as was applied to the following verified cases:

6 September 1985 - 16 October 1986

Mohammed Mahmud Saleh Aruri of Arura was illegally detained. In 1978 and 1983, he was sentenced for a total of one and a half years. He was also called for interrogation. 28 November 1985

Ribhi Talab Aruri of Arura was placed under detention lasting 3 months.

11 September 1985 - 8 January 1987

Khalil Ibrahim Ashur of Nablus was sentenced to 12 years in 1970 and has been placed under preventive detention.

28 August 1985

Mahmud Afif Abdallah of Qabatiya has been placed under preventive detention and been called for interrogation several times in the past.

29 October 1985 - 8 January 1987

Luay Ali Nafeh Abdo of Nablus was illegally detained. He had been detained twice previously, serving a total of 150 months in prison. He was released in the 1985 prisoner exchange.

3 September 1985

Adnan Said Abdul Qader of Nur Shams Refugee Camp was illegally detained. He has been arrested many times for interrogation.

2 September 1985

Naser Abu Ajamiyyeh of Dheisheh Refugee Camp was illegally detained. He was arrested many times for interrogation.

2 September 1985

Shaher Abd Abu Alameh of Dheisheh Refugee Camp was illegally detained.

2 September 1985

Shaher Ata Abu Allan was illegally detained. In 1980 he had been sentenced to one year.

2 September 1985

Fuad Mas'ud Abu Bakr of Jenin was illegally detained. 25 September 1985 - 25 March 1986 Isam Abdul Razeq Abu Bakr of Nablus was illegally detained. He previously served 10 years in prison.

2 September 1985

Khamis Abu Dab'at of Hebron was illegally detained. In 1982 he was arrested for 8 months.

3 September 1985

Abdul Fattah Qassem Abu Dahab of Jenin was illegally detained. He was called many times for interrogation.

31 July 1985

Ziyad Abu Ein of Ramallah was illegally detained. In 1978, he was sentenced to life imprisonment, and he was released in the prisoner exchange of 1985. He was called for interrogation many times. In the midst of his administrative detention, he was charged and sentenced to one year and a half.

28 August 1985

Rimon Abu Farhah of Beit Sahur was illegally detained. He was called for interrogation many times.

26 August 1985

Ghassan Said Abu Hasan of Arrabuna was illegally detained. In 1977 he was sentenced to 3 years; he has been called many times for interrogation.

28 October 1985

Mohammad Sliman Abu Jame of Khan Yunis was illegally detained.

2 September 1985

Khaled Abu Khiran of Hebron was illegally detained. In 1978, 1982, and 1983, he was interrogated and sentenced to a total of one and a half years.

30 August 1985 - 26 February 1986

Tawfiq Mohammed Mabruk Abu Khoseh of Rimal was illegally detained. He was previously placed under preventive detention and town arrest many times. He was last released on 28 August 1986.

5 August 1986

Khamis Mohammad Abu Kishk of Far'ah Refugee Camp was illegally detained. He was called for interrogation on many occasions and served preventive detention.

13 December 1985

Ziyad Abu Laban of Dheisheh Refugee Camp was illegally detained. The detention lasted 3 months.

26 August 1985 - 26 February 1986

Mahmud Mohammad Abd Abu Madkur of Rafah Refugee Camp was illegally detained. He was interrogated many times. He was released from administrative detention but has been detained again and may be placed under administrative detention.

2 September 1985

Walid Abu Muweis of Jenin was illegally detained. In 1971 he was sentenced to 8 years; he has been called for interrogation several times.

12 September 1985

Sami Ataya Zayed Abu Samhadani of Rafah Refugee Camp was illegally detained. In 1981 he was sentenced to 3 years. He was last released from administrative detention on 11 March 1986, but has again been arrested and may be placed under administrative detention.

28 September 1985

Ibrahim Sa'id Abu Sheikhah of Nablus was illegally detained. He previously served 16 years in prison and was released in the exchange of 1985.

4 August 1986

Ibrahim Abu Zahra of Yatta was illegally detained. He previously served 5 years in prison; several times he was called for interrogation.

27 October 1985

Ismai'il Mohammad Afandi of Dheisheh Refugee Camp was illegally detained. The court did not extend the detention after 3 weeks.

22 September 1986

Kamel Mohammad Saleh Afghani of Balata Refugee Camp was illegally detained. He previously served 8 years in prison.

5 August 1986

Ali Mohammad Mahmud Dakhl Allah of Bethlehem was illegally detained. He was a second-year student at Beit Lahm University.

8 October 1985

Mohamad Amireh of Nablus was illegally detained.

8 January 1987

Mustafa Abdul Fattah Asideh of Salim Tell was illegally detained. He previously served 2 years in prison.

28 August 1985

Naser Sha'ban Atallah of Dheisheh Refugee Camp was illegally detained. He was called for interrogation many times.

12 September 1985

Adnan Hussein Atrash of Dhiesheh Refugee Camp was illegally detained. He was called for interrogation many times.

2 September 1985

Salah Ibrahim Ayyad of Abu Dis was illegally detained. He was called for interrogation many times.

2 September 1985

Hasan Saleh Ayyub of Askar Refugee Camp was illegally detained. In 1981 he was sentenced to 6 months; he had also been placed under preventive detention.

2 September 1985

Mahmud Abdul Latif Azab of Jenin Refugee Camp was illegally detained. In 1983 he was sentenced to one year; he has been placed under preventive detention in the past.

15 August 1986

Imad Khalil Bakir of Rafah Refugee Camp was illegally detained. He was subject to a number of preventive detentions.

28 August 1985

Marwan Barghuti of Kobar was illegally detained. In 1979, he was sentenced to 5 112 years. He has also been under town arrest and been called for interrogation many times.

28 July 1986

Raed Fares Barghuti of Kobar was illegally detained. Duration of the order was 3 months. He previously served 4 years in prison.

23 December 1985

Tawfiq Sha'ban Barghuti of Kobar was illegally detained. The detention lasted 3 months.

19 April 1986

Imad Mohammad Bayya of Qalandiya Refugee Camp was illegally detained. He has been arrested many times.

28 August 1985 - 29 October 1986

Khair Eddin Burham of Nablus was illegally detained. In 1969, he was sentenced to 3 112 years, and he has also been placed under town arrest. He suffers from many medical problems, which are aggravated by the detention.

23 September 1985

Abdallah Daoud of Balata Refugee Camp was illegally detained. He was called for interrogation many times and held for 18 days.

2 September 1985

Mustafa Dihdar of Ramallah was illegally detained. He was called for interrogation many times.

3 September 1985

Seif Eddin Dik of Kafr Eddik was illegally detained. He was previously detained 3 times, and served a total of 66 months. Without any reason, he was arrested one day after his administrative detention was over.

26 August 1986

Mohammad Ali Khalil Faraj of Dheisheh Refugee Camp was illegally detained. He was in his tawjihi year.

31 December 1985

Walid Mahmud Freihat of Yamun was illegally detained. The detention lasted 2 months.

12 September 1985

Hussein Raja Fuqaha of Sinjil was illegally detained.

3 September 1985

Muhyi Eddin Hamamreh of Husan was illegally detained. In 1980 he was sentenced to 3 years.

3 September 1985

Hamdan Hamdan of Zatarah was illegally detained. He was called for interrogation many times.

11 September 1985

Kamel Ahmad Hasan Hamid of Ta'amreh was illegally detained. He was called for interrogation and also served a 6 month town arrest order.

28 August 1985

Mohammed Odeh Hanini of Beit Furik was illegally detained. In 1975, he was sentenced to 5 years; he has also been placed under preventive detention.

8 January 1987

Nur Eddin Ali Hasan of Abu Dis was illegally detained. He was detained for two weeks in December 1986

24 August 1986

Fares Ahmad Hassuneh of Breij Refugee Camp was illegally detained.

17 July 1986

Abdul Ghaniy Hammad Hjeir of Nuseirat Refugee Camp was illegally detained. He previously served 15 years in prison and was released in the 1985 exchange.

2 September 1985

Musa Mohammad Hjuj of Bani Naim was illegally detained. He was called for interrogation many times.

12 September 1985

Kamel Ahmad Hasan Hmeid of Tqu' was illegally detained.

2 September 1985

Abdallah Hodali of Biet Jala was illegally detained. He was called for interrogation many times.

2 September 1985

Tareq Husni of Husan was illegally detained. He was called for interrogation many times.

5 January 1986 - 27 October 1986

Jamal Yusef Sulqan Idris of Balata Refugee Camp was illegally detained. His first administrative detention was terminated after 3 months. The current order is for 6 months. He is the secretary of the Bir Zeit University Student Union, and a third-year business administration student. He was detained twice before.

15 October 1986

Ahmad Id Ismail of Hebron was illegally detained.

2 September 1985

Nitham Ja'bari of Hebron was illegally detained. In 1983 he was arrested for six months.

30 September 1986

Odeh Talab Ja'bari of Hebron was illegally detained. He spent 6 years in prison and was released in 1972.

2 September 1985

Yusif Mohammad Ja'far of Sawahira Sharqiyeh was illegally detained. In early 1985, he was arrested for 9 months.

2 September 1985

Mahmud Jabr of Balata Refugee Camp was illegally detained. He was called for interrogation many times.

2 September 1985

Jibril Jahshan of Halhul was illegally detained. He was interrogated many times.

12 September 1986

Ahmad Jaradat of Sair was illegally detained. He was previously detained 18 days for interrogation.

3 September 1985 - 15 October 1986

Ahmad Sliman Jaradat of Yamun was illegally detained. In 1979 he was sentenced to 5 years, and he.was called many times for interrogation.

13 December 1985

Fathi Abdul Aziz Jaradat of Sair was illegally detained. His detention lasted 3 months.

3 September 1985

&hi Jaradat of Sair was illegally detained. He was called for interrogation many times.

29 August 1985

Khalil Ibrahim Khamis Jawabreh of Hebron was illegally detained.

2 September 1985

Khaled Ibrahim Jawayreh of Amb Refugee Camp was illegally detained. In 1979 and 1983, he was sentenced for a total of 2 1/2 years.

2 September 1985

Kame1 Jbeil of Amari Refugee Camp was illegally derdined. In 1979 he was arrested for 6 months; he was also called for interrogation many times.

15 October 1986

Sameh Shuk Kanan of Nablus was illegally detained. He was sentenced to 21 years and was released in the 1985 exchange, after serving 12 years.

2 September 1985

Khalil Munir Karaji of Hebron was illegally detained. He was placed under preventive detention.

2 September 1985

Khalil Katlo of Dura was illegally detained. In 1982 he had been sentenced to one year.

2 September 1985

Afif Uthman Khanafseh of Abu Dis was illegally detained. He was called for interrogation many times.

3 September 1985

Mohammad Ismail Khatib of Qdlandiya Refugee Camp was illegally detained. He was interrogated many times.

22 October 1985

Sarni Mohammad Salim Kilani of Abu Dis was illegally detained. He was released after 4.5 months, when the court failed to extend his detention.

31 December 1985

Bassam Mohammad Sa'id Kmeil of Qabatiya was illegally detained. The detention was for three months.

22 October 1985

Mdjed Labadi of Abu Dis was illegally detained. The court ordered him released after 4.5 months.

24 October 1985

Mohammad Labadi of Abu Dis was illegally detained. He was released after 4.5 months when the court failed to extend his detention.

26 August 1985

Abdul Rahim Ma'ani of Jenin was illegally detained. In 1976 and 198 1, he had been sentenced for a total of 6 years, and he has been placed under continuous preventive detention.

1986

Allan Nimr Hasan Maqa of Beit Lahya was illegally detained.

11 September 1985

Ghassan Said Masri of Nablus was illegally detained. In 1978 he was sentenced to one and a half years; several times he was called for interrogation.

13 December 1985

Anan Tawfiq Mikkawi of Nablus was illegally detained. The detention lasted 3 months.

2 September 1985

Wafa Fayeq Mir'i of Jenin was illegally detained. He had been placed under preventive detention in the past, in addition to several calls for interrogation.

29 October 1986

Jihad AMallah Mohammad Mseimi of Balata Refugee Camp was illegally detained. He served 6 years in prison, from 1978 to 1984.

2 September 1985

Mohammad Hasan Mu'ammar of Batir was illegally detained. From 1976 to 1982, he served 5 of 2 years

. 12 September 1985

Ibrahim Muhanna of Deir Ghsun was illegally detained. He was called for interrogation many times and harassed in many other ways.

2 September 1985

Qadurra Musa of Jenin was illegally detained. He has served a total of 7 1/2 years in prison, having been sentenced in 1974 and 1983; many times he was placed under preventive detention.

29 August 1985

Mohammad Uweidah Mustafa of Beit Furik was illegally detained.

2 September 1985

Nabil Mahmud Nafe' of Qalandiya Refugee Camp was illegally detained. He was called for interrogation many times. In 1986 he was sentenced to life imprisonment.

22 October 1985

Taysir Nasrallah of Balata Refugee Camp was illegally detained.

2 September 1985

Umar Nazzal of Jenin was illegally detained. In 1979 he was sentenced to 1 1/2 years; several times he was placed under preventive detention.

13 December 1985

Issa Qaraqe of Aida Refugee Camp was illegally detained. The order lasted 3 months. In 1986, he was placed under town arrest.

2 September 1985 - 26 November 1986

Yasin Hasan Qawasmi of Hebron was illegally detained. He was also called for interrogation many times.

December 1985

Issa Mihail Qumsiyyeh of Beit Sahur was illegally detained. The detention was for 3 months.

22 October 1985

Yasin Radwan Radi of Beit Lahm was illegally detained. The detention was not extended beyond 4.5 months.

2 September 1985

Ahmad Amin Raba'i of Dura was illegally detained. In 1982, he was arrested for one year.

14 December 1985 - 8 January 1987

Abdul Latif Ahmad Ramadan of Tell was illegally detained. His first administrative detention was for 3 months. He previously had served a total of 63 months in prison.

8 January 1987

Jamal Abdul Jalil Ismail Ramadan of Tell was illegally detained. He previously served 7 months in prison.

28 September 1985 - 8 January 1987

Mahmud Abdul Jali Ismail Ramadan of Tell was illegally detained. He was sentenced to 3 years in 1979, and he has also been placed under preventive detention.

2 September 1985

Riyad Attiyyeh Ramadan of Dheisheh Refugee Camp was illegally detained.

2 September 1985

Mahmud Ramahi of Jalazon Refugee Camp was illegally detained. In 1976, he had been arrested for 9 months; he has also been called for interrogation many times.

2 September 1985

Mur'i Rawajbeh of Rueib was illegally detained. He was interrogated many times.

8 January 1987

Ziyad Mahmud Habbul Rih of Jenin was illegally detained. He previously had served 96 months in prison.

2 September 1985

Ali Musa Rjub of Dura was illegally detained.

29 September 1986

Jibril Mahmud Rjub of Kreiseh was illegally detained. He previously had served 16 years in prison and was released in the 1985 exchange. In November 1985, he was detained and conducted a 34 day hunger strike; he was later released after 6 months.

3 September 1986

Hamdan S'ifan of Deir Ghsun was illegally detained. He had been previously detained and had served 9 years in prison.

5 November 1985

Izzat Salhiyah of Jalazon Refugee Camp was illegally detained. He was released after 4.5 months, when the court failed to extend the detention.

2 September 1985

Adnan Sabbah of Jenin was illegally detained. In 1975, he had been sentenced to 7 yews imprisonment; he was placed under preventive detention several times.

6 September 1985

Rifat Sabbah of Burqin was illegally detained. In I983 he was detained for two months; he has been called for interrogation many times.

22 October 1985

Adel Ahmad Ali Salah of Abu Dis was illegally detained. His detention lasted 3 months.

22 October 1985 - 3 September 1986

Ahmad Abdallah Salhub of Dura was illegally detained. He was detained many times and sentenced for a total of 57 months.

2 September 1985 - 26 October 1986

Faleh Abddlah Salhub of Dura was illegally detained. He has also been under town arrest, and called for interrogation.

13 December 1985

Mohammad Sawalhah of Ashir Ashmaliya was illegally detained. The detention lasted 3 months.

3 September 1985

Samir Abdul Qader Sbeihat of Ramtnaneh was illegally detained. In 1974, and in 1976, he was sentenced for a total of 4 1/2 years; he also served a 6-month town arrest order.

13 September 1985 - 5 March 1986

Ziyad Sliman Hussein Sha't of Rafah was illegally detained. He was released from Administrative detention on 11 September 1986.

27 November 1986

Zuhdi Daoud Shahin of Sawahira was illegally detained.

23 February 1986

Jamal Shati of Jenin Refugee Camp was illegally detained. The detention lasted 3 months.

3 September 1985

Bilal Izzeddin Shakhshir was illegalIy detained. In 1976, he was sentenced to 7 years; he was called for interrogation many times.

13 December 1985

Mundher Wasef Sharif of Bireh was illegally detained. The detention lasted 3 months.

3 September 1985

Ghazi Shashtari of Nablus was illegally detained. In 1977, he had been sentenced to one year and a half, and he. waq summoned for interrogation many times.

28 October 1985

Mahmud Bashir Sheikh of Bireh was illegally detained. The detention was terminated after 4 months.

29 August 1985

Kamal Ibrahim Shihadeh of Azmut was illegally detained. He has been called for interrogation many times.

28 August 1985

Jibril Shomali of Beit Sahur was illegally detained. In 1975 and 1982, he had been sentenced to a total of 3 years, and he also served a 6 month town arrest order.

28 August 1985

Mustafa As'ad Shtayyeh of Beit Funk was illegally detained. The detention lasted only 4 months.

2 September 1985

Daoud Abdul Hadi Shusheh of Husan was illegally detained. He was called for interrogation many times.

2 September 1985

Muhanna Sinan of Jenin was illegally detained. He has been held many times for interrogation.

14 December 1985

Riyad Mohammad Muni Sulah of Ramallah was illegally detained. The detention lasted 3 months.

29 September 1985

Raji Surani of Ghaza was illegally detained. He was interrogated many times. In 1986, his travel was restricted and he was also prohibited from representing security prisoners in court. (He is an attorney).

24 December 1985

Nayef Ali Sweitat of Jenin Refugee Camp was illegally detained. The detention was not renewed after 3 months.

3 September 1986

Abdul Majid Musa Ahmad Sweit of Dura was illegally detained. He had previously served a town arrest order and preventive detention and was also arrested for 5 1 months.

15 November 1985

Ibrahim Mohammad Talbishi of Beit Ummar was illegally detained. The detention was for 3 months.

15 August 1986

Zakariyya Hasan Talmas of Khan Yunis Refugee Camp was illegally detained. He is a student at the Islamic University.

17 May 1986

Mohammad Mohammad Ali Ujar Tawfiq of Ghaza was illegally detained. He had been previously detained in 1983. He also suffem daily harassment, including identity card confiscation and travel restrictions.

29 August 1985

Ayyad Tayeh of Tulkarm was illegally detained. He had been placed under preventive detention many times in the past.

5 September 1985

Adnan Tazaz'ah of Qabatiya was illegally detained. He had been placed under preventive detention many times in the past.

2 September 1985

Bashir Torman of Nuba was illegally detained. He was called for interrogation many times.

29 August 1985

Yusef Odeh Turk of Kafr ed Dik was illegally detained. Many times he has been called for interrogation and placed under preventive detention.

3 September 1985

Ahmad Mohammad Wahsh of Zatarah was illegally detained. He was called for interrogation many times and in 1976 he had been sentenced to 8 years.

29 August 1985

Adli Yazouri of Ghaza was illegally detained. In 1979, he was sentenced to 10 months.

28 November 1985

Zuhdi Yusef of Nablus was illegally detained. The detention lasted 4 1/2 months.

11 September 1985

Mas'ud Uthman Zteiter of Nablus was illegally detained. In 1970 he was sentenced to 12 years and he has been placed under preventive detention.

29 August 1985

Kamel Thabet Za'rab of Khan Yunis was illegally detained.

29 August 1985

Mohammad Afif Zakarneh of Jenin was illegally detained. The detention lasted 4 months.

2 September 1985

Ali Ayyub Zama'reh was illegally detained. He was called for interrogation many times.

27 November 1986

Fada' Rauf Ibrahim Zgheibi of Jenin was illegally detained. He was interrogated many times and sentenced to 2 years.

3 September 1985

Zuheir Zgheibi of Jenin was illegally detained. He was called for interrogation many times.

20 October 1986

Ahmad Mahmud Ziyuadeh of Hebron was illegally detained. He has been called for interrogation many times and had previously been detained in November 1982.

2 September 1985

Mahmud Nimr Ziyadeh of Hebron was illegally detained. In 1978 and 1981 he had been sentenced for a total of 2 1/2 years; he also served a 6-month town amst order.

3 September 1985

Walid Zubeidi of Bethlehem was illegally detained. He was called for interrogation many times.

13-16 April 1987

One of the most inhuman acts was committed by Zionist authorities under the order of Y itzhak Rabin. They detained 170 Palestinians in order to break their will to resist illegal occupation. Palestinian leaders, detained for six months, include the following:

1. Faisal Husseini, President, Arab Studies Society, Jerusalem; 2. Jamal Salameh, Balata Refugee Camp; 3. Ma'moun as Sayyed, journalist (former editor of a1 Fajrj, Ramall&, 4. Jihad Musri Ayoub, Askar Refugee Camp (Nablus area); 5. Mahmud Hamadi Hamasneh, Abu Ris; 6. Mas'ud Z'eiter, Nablus; 7. Abdul Aziz Khalil, Qabatiya; 8. Musa Abdul Hadi Abu Dawayleh, Qalandia Refugee Camp; 9. Abdul Hadi a1 Khatib, Beit Kahel.

The following were arrested and interrogated during a period of 4 to 9 days:

1. Haseeb Nashashibi, unionist, Jerusalem; 2. Salah Zyhaikeh, journalist, Jerusalem (9 days); 3. Jacob Odeh, human rights field-workers, Arab Studies Society, Jerusalem (9 days); 4. Mohammad Qdeh, water company employee, Jerusalem (9 days); 5. Amin a1 Ghul, Jerusalem; 6. Imad a1 Ghul, Jerusalem; 7. Amer a1 Ghul, Jerusalem; 8. Saman Khoury, journalist, Jerusalem.

All the above mentioned measures taken by the political and military leaders of Israel against the Palestinians constitute war crimes and crimes against humanity. The Palestinian people have the right to resist the foreign occupation of their ancestral homeland. Their resistance is legitimate in accordance with the principles of international law, the Resolutions of the United Nations General Assembly and the Security Council.

NOTES TO CHAPTER TWENTY FIVE

1. Indictment presented to the International Military Tribunal sirring at Berlin on 18th October, 1945, British Command Paper 6696 (London: H. M. Stationery Office, 19451, p. 14.

2. Raja Shehadeh, Occupier's Law: Israel and the West Bank (Washington, D.C.: Institute for Palestine Studies, 19861, pp. 141-42.

3. Sabri Jiryis, The Arabs in Israel (Beirut: Institute for Palestine Studies, 1969). pp. 2-3.

4. Ibid., p. 7.

5. The West Bank and the Rule of Law, by the International Commission of Jurists, 1980, p. 11.

6. Shehadeh, Occupier's Law, pp. 86-87.

7. Human Rights in the Occupied Territories 1979-1983 (Tel Aviv: International Center for Peace in the Middle East, 1983), p. 25.

8. The West Bank and the Rule of Law, p. 12.

9. DataBase Project on Palestinian Human Rights, *'Human Rights Violations under Israeli Rule during the Uprising, December 9, 1987 to December 8, 1988," as cited in National Lawyers Guild, International Humzan Rights h w and Israel's Eforts to Suppress tke Palestinian Uprising (New York: National Lawyers Guild, 19891, p. 52.

10. National Lawyers Guild, International Human Rights Law and Israel's Efforts lo Suppress the Palestinian Uprising, p. 52.

11. Military Commander, Judea and Samaria, Order Concerning Administrative Detainees (Temporary Provisions) {No. 1229); Military Commander, Gaza Strip, Order Concerning Administrative Detainees (Temporary Provisions) (91 ). Text in Administrative Detentions and Detention Centers since the Onset of the Uprising, Sept. 2, I988 (memorandum prepared by government of Israel at request of U.S. Secretary of State George Shultz, as cited in National Lawyers Guild, p. 52.

12. Ha'aretz, March 20, 1988 and Washington Post, June 3, 1988, p. 21, as cited in National Lawyen Guild, International Human Rights Law andIsrael's Eforts to Suppress the Palestinian Uprising, p, 52.

13. National Lawyers Guild, p. 53.

14. Military Commander, Judea and Samaria, Amendment to Interim Order (No. 1236}, June 13, 1988. Military Commander, Gwd Strip, Amendment to Interim Order, as cited in National Lawyers Guild, p. 53.

15. National Lawyers Guild, p. 53.