A. v. State of Israel (6659/06) fr

Israel's Supreme CourtCountry of proceedings: Israel
Context of crimes: Israel/Palestinean territories
Date: 2005 - 2008
Keywords: Law of armed conflicts (combatant/non-combatant, prisoners of war)

Court Documents
11-06-2008 - Supreme Court of Israel

Presentation of the Case

The Appellants were two Gaza residents who were detained due to their purported association with Hezbollah. They challenged the constitutionality of Israel’s 2002 Incarceration of Unlawful Combatants Law on the basis that it contravenes the Israeli Basic Law as well as principles of international humanitarian law. The law, which allows detention of ‘unlawful combatants’, was upheld by the Supreme Court of Israel on the grounds that the law was for a ‘proper purpose’ and was proportionate.

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