Mid­dle East at heart of re­search

Ormskirk Advertiser - - Student Life -

LAW re­searchers are in­ves­ti­gat­ing whether Is­rael is con­tra­ven­ing in­ter­na­tional law by de­tain­ing Pales­tini­ans with­out trial.

Aca­demics at Edge Hill Uni­ver­sity are fi­nal­is­ing re­search into the ad­min­is­tra­tive de­ten­tion of hun­dreds of Pales­tinian men, women and chil­dren in the Pales­tinian Oc­cu­pied Ter­ri­to­ries.

The team vis­ited Pales­tine and in­ter­viewed Pales­tini­ans for­merly held by the Is­raeli au­thor­i­ties un­der ad­min­is­tra­tive de­ten­tion.

Ad­min­is­tra­tive de­ten­tion dif­fers from other types of de­ten­tion in that the de­tainees are not sub­ject to due crim­i­nal process and do not know the charges or ev­i­dence against them.

The team is now putting to­gether a re­port for the Pros­e­cu­tor of the In­ter­na­tional Crim­i­nal Court, who has started an in­ves­ti­ga­tion into in­ter­na­tional crimes al­legedly com­mit­ted in the Is­raeliPales­tinian set­ting.

Dr Tri­estino Mariniello, a se­nior lec­turer in law at Edge Hill Uni­ver­sity, said: “The use of ad­min­is­tra­tive de­ten­tion is a cen­tral el­e­ment in Is­rael’s pol­icy in the Pales­tinian Oc­cu­pied Ter­ri­to­ries.

“In in­ter­na­tional law, ad­min­is­tra­tive de­ten­tion is al­lowed un­der cer­tain cir­cum­stances re­lated to na­tional se­cu­rity. Yet in­ter­na­tional law has placed sig­nif­i­cant re­stric­tions on its ap­pli­ca­tion, in­di­cat­ing that its use should be con­fined to the most ex­cep­tional of cases, im­posed only if the dan­ger can­not be averted by less harm­ful means.

“Our re­search is in­ves­ti­gat­ing whether Is­raeli law and prac­tice in ad­min­is­tra­tive de­ten­tion vi­o­lates re­stric­tions pro­vided by in­ter­na­tional law.”

He added: “Over the last cou­ple of years we have in­ter­viewed former de­tainees about their ex­pe­ri­ences, some of whom were held for 10 years.

“At the end of Au­gust 2016, 644 Pales­tini­ans – in­clud­ing one woman and 10 mi­nors – were held in ad­min­is­tra­tive de­ten­tion in Is­raeli prison ser­vice fa­cil­i­ties.”

He and fel­low law lec­tur­ers Dr Mariag­iu­lia Gi­uf­fre and Dr Pe­ter Lang­ford plan to pub­lish the re­port by the end of the year.

It will make pol­icy rec­om­men­da­tions di­rected at Is­raeli and Pales­tinian non-gov­ern­ment or­gan­i­sa­tions (NGOs), Is­raeli au­thor­i­ties deal­ing with ad­min­is­tra­tive de­ten­tion such as mil­i­tary court judges, lawyers and those work­ing in de­ten­tion fa­cil­i­ties.

Fol­low­ing an in­ter­na­tional work­shop in Liver­pool at the end of last year, the team has also es­tab­lished an ad­vi­sory board which in­cludes se­nior of­fi­cials from NGOs work­ing in the field and aca­demics from sev­eral Euro­pean uni­ver­si­ties.

A team of Edge Hill aca­demics vis­ited Pales­tine as part of their re­search

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