Haaretz spoke to legal experts about Defense Minister Israel Katz's latest decision to stop the use of detention without trial against Jewish settlers, while continuing its use against Palestinians and Arab Israelis.
According to them, Katz's decision is a clearly illegal act that the High Court of Justice would likely overturn.
Prof. Barak Medina of the Hebrew University of Jerusalem, who is an expert on constitutional law, said administrative detention is designed hold individuals in custody about whom there is information that they are about to harm others to prevent them from carrying out their plans.
"The decision over whether to arrest a person needs to be based only on the principle of the assessment of the danger that he personally poses," Medina says.
"[Katz] is not authorized to decide in advance that in any case involving someone who is a Jewish citizen of Israel, the authority won't be applied... That's an explicit declaration of a discriminatory policy..."
Lawyer Michael Sfard, who is legal counsel to Yesh Din Volunteers for Human Rights, called the decision by Katz, who took office this month, "an apartheid act." Sfard said Katz "shamelessly declared a policy that entirely involves discrimination in favor of those whose mother is Jewish."
In any event, the law that applies to West Bank settlers is different from that applying to Palestinians, Sfard noted, and the use of administrative detention in the case of Jews is a rare occurrence while thousands of Palestinians are subject to it at any given time. "The decision to eliminate use of this Draconian tool when it involves Jews is a record high in the government's application of the ideology of Jewish supremacy."
🔗SOURCE ➡️ Haaretz [Archive]
Related: 11/23- Palestinians Held: 3,443
Jewish settlers held: 8
Now, ONLY Palestinians will be subject to detention without trial, in their own land, as illegal settlers terrorize them and steal their land. What’s it called when one group is subject to rules to ensure the dominance of another?
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