More than 9,623 Palestinians are currently detained in Israeli prisons. (Photo by Lior Mizrahi/Getty Images)
More than 9,623 Palestinians are currently detained in Israeli prisons, including 3,379 held under administrative detention and 1,402 classified as “unlawful combatants.” Men make up 40% of those detained, with about 700 minors jailed each year. Some have been imprisoned for decades, while others have been detained for months following Operation Al-Aqsa Flood on 7 October last year.
Israel systematically manipulates its legal system to exert control over Palestinians and advance its colonial settler project. Incarceration affects Palestinians across all socio-economic backgrounds, geographic locations and political affiliations. Since 1948, Israel has unlawfully imprisoned Palestinians, a practice that continues unabated. This occupation has deeply influenced the political and legal dynamics within the prison system and the prisoners’ movement.
In a strategic rebranding, Israel refers to Palestinian territories as “disputed” rather than “occupied”, while still using tools provided under international humanitarian law to administer Gaza and the West Bank. Specifically, Israel employs military law to maintain “public order”. Article 43 of the Hague Regulations requires the occupying power to take all necessary measures to restore and maintain public order and safety, while respecting the existing laws of the occupied territory. Israel has leveraged this provision to establish a comprehensive system of martial law, sustaining its prolonged occupation. More than 1,600 military orders have been issued, affecting land use, taxation, financial systems, courts, and trade practices. All legislative power is concentrated in the hands of the Israeli Army Area Commander, allowing the issuance of new military orders without consulting the Palestinian population.
This military law system is used to suppress resistance to the occupation through administrative detention, arrests, harsh interrogations and denial of due process. Challenging military orders is nearly impossible because of Proclamation No 3, which established military courts specifically for security offences. This limits the jurisdiction of civilian courts, granting the military control over the appointment and dismissal of judges and prosecutors. This system ensures immunity for military personnel and government officials in the occupied territories. Although appeals can be made to the Israeli high court of justice, it is rare for the court to overturn decisions made by military authorities.
It is evident that the law is wielded as a tool of control. The nature of military law allows its imposition in nearly all aspects of Palestinian daily life, without the consent of the population and without avenues for contestation.
Ironically, the very status of “occupation” permits Israel to employ military law, despite the Hague Convention’s principle that occupation is meant to be temporary — a notion further complicated by Israel’s rejection of the “occupier” label in official contexts.
Once arrested, Palestinians are often held under administrative detention — detention without charge or trial, authorised by administrative order rather than judicial decree. Military Order No 1651 allows military commanders to detain individuals for six months, which can be extended indefinitely. Notably, more than 79% of detainees have been imprisoned for two to three years.
Administrative detention is permitted if the occupying power deems it necessary for security, as per the Fourth Geneva Convention. But it should only be used as a last resort when no other means can prevent the danger posed by the detainee, and for the shortest possible duration. Despite this, Israel holds thousands of Palestinians in detention, interpreting “security threats” to include political parties and non-violent activism.
Israel has used administrative detention as a punitive measure, despite the International Committee of the Red Cross and the Israeli supreme court emphasising that detention should only be preventive, addressing immediate security risks. Detainees are rarely brought before a judge within eight days of their arrest, and access to legal counsel and full disclosure of charges are often restricted.
Administrative detention has become a primary mechanism for controlling and suppressing opposition in the occupied territories. The occupation has created a convoluted legal framework where overlapping laws and institutions are dominated by Israeli military law. Understanding this framework is crucial to grasping the high incarceration rates among Palestinians.
Since the inception of this system, Palestinian prisoners have systematically mobilised to improve their prison conditions and reclaim their rights. Through acts of resistance, they have challenged the status quo in the prison system. These acts include developing financial, political and educational systems in prisons, non-compliance with prison protocols, hunger strikes and other forms of protest. These tactics have not only challenged their incarceration but have also furthered the Palestinian national movement.
Prisons represent concentrated state power while simultaneously functioning as structures of dissent and resistance.
It is clear that prisons serve as a microcosm of the broader Israeli-Palestinian conflict. Israel has long used mass incarceration as a security measure, while Palestinians have transformed the prison space into a site of organisation and resistance. From hunger strikes to everyday acts of non-compliance, Palestinian prisoners challenge authority and create counter-orders, intertwining their struggle with the national movement.
Sozarn Barday is an attorney and has a particular interest in human rights in the Middle East.