Academics at Edge Hill University have presented a report to the European Parliament following three years of research into Israel’s use of administrative detention against Palestinians.
As a result of their findings, Dr Triestino Mariniello and Dr Peter Langford have called for Israel to end administrative detention and for the International Criminal Court to launch an investigation into alleged war crimes and crimes against humanity.
Dr Triestino Mariniello and Dr Peter Langford, presented their report to MEPs and senior staff from the European Parliament and the European Commission in Brussels.
The Senior Law Lecturers have researched Israel’s use of administrative detention, a central element of military governance in the Occupied Palestinian Territories.
Administrative detention (AD) is the deprivation of a person’s liberty for an indeterminate period without charge or trial.
After assessing the use of AD to see if it breaches international humanitarian law/human rights and amounts to war crimes or crimes against humanity, they have made a series of recommendations.
These include calls for Israel to end the unlawful practice of AD, release detainees and ratify international law treaties.
They also recommend that the Prosecutor of the International Criminal Court, who has already started a preliminary examination into the situation in Palestine, starts an investigation into alleged war crimes/crimes against humanity including the alleged use of torture and inhuman acts and the deportation/forcible transfer of populations.
Dr Triestino Mariniello, who is also a qualified barrister and has served as an Associate Legal Officer for the International Criminal Court, said:
“Administrative detention is a very complex issue. For the first time an academic project provides a detailed and systematic analysis of Israel’s use of AD by critically assessing its compatibility with international law standards.
“In international law, administrative detention is allowed under certain circumstances related to national security such as when a state of emergency is called. Yet international law indicates it should only be used if the danger cannot be averted by less harmful means. Israel first declared and has remained in a state of emergency for over 70 years.”
“Our findings show many violations of international humanitarian law, international human rights law and international criminal law in relation to AD. We now hope that Israel, the UN Human Rights Council, UN Assembly General and Security Council, the EU and the Prosecutor of the International Criminal Court act upon our recommendations.”
A follow up meeting to discuss the recommendations outlined in the report is planned for September at the European Parliament.
Dr Mariniello and Dr Langford have also been invited to present the findings of their research to the UK Parliament in May and at the Coalition for the International Criminal Court in June.