The Palestinian movement has been captive since before the establishment of the Israeli occupation state in n May / 1948 AD, as the occupying entity inherited it from the British colonialism, which contributed to the establishment of the State of Israel on the Palestinian lands that were under its control following the fall of the Ottoman Empire.
The case of the oldest Palestinian prisoner Hassan Al-Lawi, confirms the ongoing injustice and racism, as he was captured during the British colonialism in Palestine until the end of the eighties of the last century.
The occupation entity not only inherited the occupation of the prisoners but also inherited the customary laws and regulations, known as emergency regulations, including the administrative detention law, which the Israeli occupation uses excessively against Palestinian prisoners.
Since the beginning of the occupation in 1967, the Israeli authorities have relied on emergency regulations to use administrative detention. There are three different laws that allow Israel to impose administrative detention on Palestinians:
Administrative detentions are part of the military legislation in force in the West Bank, and most administrative detainees are held on the basis of individual detention orders issued based on this order. A similar order in the Gaza Strip was canceled with the implementation of the “disengagement” plan in September 2005.
The Emergency arrest regulations in force in Israel replaced the administrative detention in force in the emergency regulations of the British Mandate period. Citizens of the occupied Palestinian territories are detained on the basis of this law only in rare cases.
The Law on Imprisonment of Unlawful Fighters, which took effect in 2002, was originally intended to be able to hold Lebanese citizens who were imprisoned at that time in Israel as a “bargaining chip” for the purpose of recovering prisoners and bodies.
Today, Israel uses the law to arrest Palestinians from the Gaza Strip without bringing them to trial.
As for other arrests, in which harsh sentences are issued against Palestinians, they are based on the entirety of the British emergency regulations and the Jordanian penal code in force, which is Penal Code No. 16 of 1960 AD, as well as thousands of military orders issued by the leadership of the occupation army in the occupied Palestinian territories and the Anti-Terrorism Law of 2016, in addition to articles of the Israeli Penal Code related to the security aspect, used against Palestinian citizens of Palestine in 1948 and sometimes against prisoners from the West Bank and Gaza Strip. This law doubles the penalty period found in other laws.
At the beginning of 2005, responsibility for Palestinian security prisoners from the Israeli occupation army was transferred to the custody of the Israeli Prisons Authority, known as “Shapas”, which was apparently administrative arrangements, and the real intention was to deal with Palestinian prisoners as prisoners of terrorism against the state and not as resistance to the occupation, which means that the invalidity of The Third and Fourth Geneva Conventions and the International Covenants Concerning Prisoners of War in Dealing with Palestinian Prisoners.
Since the occupation of the West Bank and Gaza Strip in 1967, more than 800,000 Palestinians have been arrested, which means that nearly a quarter of the Palestinian people have been subjected to various types of arrests, and these arrests still constitute on a daily basis by the occupation against the Palestinian citizens.
Not a single day had passed without a campaign of arrests in the West Bank and the occupied territories of Palestine in 194 since the beginning of the Israeli Occupation.