That’s an insightful, direct question. Truly appreciate it.
We’re speaking of people held without charge under administrative detention. It falls short of rote internment only by the fact that it’s intended to and generally is reasonably temporary. Read your own article. It’s like a revolving door.
There is no fairly analogous type of criminal detention. The closest is custodial arrest, but that’s way more temporary in scope; charges are either filed or not in western criminal procedure usually within hours, commonly known as “48-hour hold,” with a process for a longer hold if there’s a component of irreparable harm, that’s commonly known as a “72-hour” hole. After charge, the accused have a right, at least where I am, to a probable cause and bail hearing, and maybe to post bond, and then the accused is released pending trial.
These folks aren’t accused, they are suspects albeit still being investigated, but there’s enough suspicion to justify holding them longer than what would be typical in the usual criminal setting, i.e., a 72 hour hold, given the potential for irreparable harm if the suspect gets released without charges and goes back to the suspected criminal enterprise, which in this case is international terrorism, hostage taking, rocket attacks, and mass shooting. Most of them though aren’t being wrongfully detained. It really sucks. As someone who very early did a 180 on a career of prosecuting cases, and have since only ever defended the accused, I hate what this administrative detention means to well-founded, hard-won notions of fairness and justice. But it doesn’t break humanity. I know there’s no justice for those wrongly caught up in it. That doesn’t make it unjustified.
My state pays wrongful incarcerees restitution by a statutory formula; locking up innocent people is inevitable, so we account for it. If Gaza had diplomatic status and would get out from under the utter tyranny of Hamas, nice things like that could exist, instead of just surviving on charity. I believe the good will of the western world will endeavor to indemnify the inevitable victims of such inherent unfairness. Not going to negotiate with terrorists on it, that’s for sure. When a state collapses after all its institutions are coopted by violent extremists and criminals, this is roughly what reconstruction looks like, right? It’s scène à faire. We both agree it’s offensive to behold.
Paragraph three is what I’m citing for the proposition that Israel is redeemable. Their government has a Supreme Court and in it exists a right of habeas corpus. The detainees you are talking about are, in a significant way, having their day in court right now. Even the detainees at Gitmo, except maybe one or two stateless souls no-one will take, got their day via habeas corpus.
We’re speaking of people held without charge under administrative detention. It falls short of rote internment only by the fact that it’s intended to and generally is reasonably temporary. Read your own article. It’s like a revolving door.
Yeah I did read it. It’s often for longer than 6 months and even longer than a year, I even saved this graph to show you…
Since 2017 there has generally been 200+ in for longer than 6 months, sometimes much more. Each order lasts up to 6 months so it’s not so short, in fact Hamas’ hostages released in the cease fire a while back had been there much less time. I don’t think that makes it OK in either case. Like the hostages still there now are like the Palestinians who’ve had their detention extended once.
These folks aren’t accused, they are suspects albeit still being investigated, but there’s enough suspicion to justify holding them longer than what would be typical in the usual criminal setting
Except this evidence isn’t shared so how do we know this? Imo if there’s no charge and you hold someone for a long time (over 48 hour seems reasonable) then these people are simply hostages. Like if Hamas said that the current hostages are suspected of aiding the IDF in “criminal” activity and provided no details would that be acceptable to you? It would not be to me.
I hate what this administrative detention means to well-founded, hard-won notions of fairness and justice
Absolutely, as everyone should.
I know there’s no justice for those wrongly caught up in it. That doesn’t make it unjustified.
I mean by definition it kind of does make it unjustified. Nobody, Israel and Hamas both included, has the right to keep people captive without charge. An opaque military justice system and evidence-free accusations don’t make what Israel is doing in any way justified.
Paragraph three is what I’m citing for the proposition that Israel is redeemable. Their government has a Supreme Court and in it exists a right of habeas corpus.
Absolutely it is redeemable if it releases the “Innocent people held against their will” immediately and gives restitution as you said. Until that day this is functionally identical to what Hamas did, imo.
Interesting article, thanks for sharing! Whst happens to these people disgusts me, truly.
That’s an insightful, direct question. Truly appreciate it.
We’re speaking of people held without charge under administrative detention. It falls short of rote internment only by the fact that it’s intended to and generally is reasonably temporary. Read your own article. It’s like a revolving door.
There is no fairly analogous type of criminal detention. The closest is custodial arrest, but that’s way more temporary in scope; charges are either filed or not in western criminal procedure usually within hours, commonly known as “48-hour hold,” with a process for a longer hold if there’s a component of irreparable harm, that’s commonly known as a “72-hour” hole. After charge, the accused have a right, at least where I am, to a probable cause and bail hearing, and maybe to post bond, and then the accused is released pending trial.
These folks aren’t accused, they are suspects albeit still being investigated, but there’s enough suspicion to justify holding them longer than what would be typical in the usual criminal setting, i.e., a 72 hour hold, given the potential for irreparable harm if the suspect gets released without charges and goes back to the suspected criminal enterprise, which in this case is international terrorism, hostage taking, rocket attacks, and mass shooting. Most of them though aren’t being wrongfully detained. It really sucks. As someone who very early did a 180 on a career of prosecuting cases, and have since only ever defended the accused, I hate what this administrative detention means to well-founded, hard-won notions of fairness and justice. But it doesn’t break humanity. I know there’s no justice for those wrongly caught up in it. That doesn’t make it unjustified.
My state pays wrongful incarcerees restitution by a statutory formula; locking up innocent people is inevitable, so we account for it. If Gaza had diplomatic status and would get out from under the utter tyranny of Hamas, nice things like that could exist, instead of just surviving on charity. I believe the good will of the western world will endeavor to indemnify the inevitable victims of such inherent unfairness. Not going to negotiate with terrorists on it, that’s for sure. When a state collapses after all its institutions are coopted by violent extremists and criminals, this is roughly what reconstruction looks like, right? It’s scène à faire. We both agree it’s offensive to behold.
I’m rooting for democracy.
PayWall WaPo: https://www.washingtonpost.com/world/2024/05/01/israel-gaza-detainees-high-court/
Archived at https://archive.ph/txOw5
Paragraph three is what I’m citing for the proposition that Israel is redeemable. Their government has a Supreme Court and in it exists a right of habeas corpus. The detainees you are talking about are, in a significant way, having their day in court right now. Even the detainees at Gitmo, except maybe one or two stateless souls no-one will take, got their day via habeas corpus.
Yeah I did read it. It’s often for longer than 6 months and even longer than a year, I even saved this graph to show you…
Since 2017 there has generally been 200+ in for longer than 6 months, sometimes much more. Each order lasts up to 6 months so it’s not so short, in fact Hamas’ hostages released in the cease fire a while back had been there much less time. I don’t think that makes it OK in either case. Like the hostages still there now are like the Palestinians who’ve had their detention extended once.
Except this evidence isn’t shared so how do we know this? Imo if there’s no charge and you hold someone for a long time (over 48 hour seems reasonable) then these people are simply hostages. Like if Hamas said that the current hostages are suspected of aiding the IDF in “criminal” activity and provided no details would that be acceptable to you? It would not be to me.
Absolutely, as everyone should.
I mean by definition it kind of does make it unjustified. Nobody, Israel and Hamas both included, has the right to keep people captive without charge. An opaque military justice system and evidence-free accusations don’t make what Israel is doing in any way justified.
Absolutely it is redeemable if it releases the “Innocent people held against their will” immediately and gives restitution as you said. Until that day this is functionally identical to what Hamas did, imo.
Interesting article, thanks for sharing! Whst happens to these people disgusts me, truly.