The Interrogation of Suspects from Israel in the Occupied Territories is Illegal
On February 17, 2021, we submitted a legal memorandum that seeks to authorize a detention and interrogation facility in the occupied territories to detain and interrogate detainees from Israel who were arrested for security transgressions. In accordance with the proposed amendment, Israel could transfer detainees arrested for security violations—whether Israeli or foreign citizens, including migrant workers, refugees, tourists, and the like—along with detainees from Gaza or other enemy territories, for detention and interrogation in the occupied territories.
In our comments, ACRI attorneys Debbie Gild-Hayo and Roni Pelli insisted that transferring detainees from Israel to detention and interrogation facilities in the West Bank is illegal. Israel is not allowed to export parts of its criminal justice system to the West Bank. The detention and interrogation of detainees by virtue of Israeli law in Occupied Territory, which is located beyond the bounds of the State of Israel and its jurisdiction, is prohibited under both constitutional and international law.
They further noted that direct legislation over the occupied territories is not within the Knesset’s authority and constitutes an act of annexation.