Navigating Sovereignty and Human Rights: A Legal Analysis of Palestinian Detention Under Israeli Jurisdiction in Comparison to International Law
Year: 2025
Type: article
Abstract: This thesis examines whether Israeli detention practices of Palestinians conform to or contravene Israeli domestic legislation and international legal standards using a doctrinal legal analysis. This thesis evaluates six key areas through four hypotheses: the detention of minors, geographic disparities (particularly Gaza), administrative detention procedures, the use of military courts, due process violations, and detention conditions. While Israeli domestic law formally authorizes these practices, the analysis finds they routinely violate crucial international legal norms, including the ICCPR, CRC, CAT, and the Fourth Geneva Convention. The use of secret evidence, prolonged administrative detention without trial, and discriminatory legal frameworks undermines the right to a fair trial and protection against arbitrary detention. The conditions under which individuals are held, such as solitary confinement, instances of torture, and neglect of medical needs, significantly violate both international humanitarian laws and human rights norms. This thesis explores how the practices employed in Israeli detention, despite being legalized, contravene global obligations. It emphasizes the pressing need for legal reform, mechanisms for accountability, and adherence to international laws regarding the treatment of detainees.
DOI: 10.15760/etd.3981
Author: Odeh, Amani Nidal
Institution: Portland State University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7011756995
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