Concerns Over Emergency Detention Measures in Israel

Human rights organizations have raised alarms regarding the emergency detention measures enacted in Israel following the October 7 war. Initially implemented on December 18, 2023, as a temporary amendment to the Incarceration of Unlawful Combatants Law, these measures have been extended six times, with the latest extension approved on December 25, 2025, prolonging the emergency framework until March 31, 2026. The petitioners argue that the ongoing extensions risk solidifying these temporary provisions into a permanent legal framework, which would allow for prolonged detention without judicial review and delay access to legal counsel.

The Jerusalem Report

According to state figures, the number of detainees under this law decreased significantly, from 2,850 in July 2025 to 1,287 by the end of December 2025, a reduction of over 55%. The number of new detainees subject to temporary detention orders also fell by approximately 60% during the same period. Despite this decline, the petitioners contend that the emergency arrangements disproportionately affect new detainees, impacting the duration of their detention before judicial review and their access to legal representation.

The Jerusalem Report

The petitioners have criticized the continued use of virtual judicial hearings for Gaza detainees, despite the expiration of the temporary law that allowed remote hearings. They argue that this practice creates a discriminatory regime that undermines the right to a fair trial, as it denies these detainees the opportunity to appear physically before a judge. The organizations assert that this situation reflects a broader attempt to entrench emergency powers permanently, even as the circumstances justifying such measures have diminished.

The Jerusalem Report

Sari Bashi, executive director of the Public Committee Against Torture in Israel (PCATI), highlighted severe human rights violations faced by detainees, describing their treatment as "cruel, inhuman, and degrading," amounting to torture. Reports indicate that over 100 detainees have died in custody since the war began, with allegations of medical neglect, starvation, and abuse. Bashi emphasized the urgency of dismantling military detention facilities, which have been documented as sites of torture and death.

The Jerusalem Report

In its December 31 response to the petitioners, the Israeli state justified the continuation of emergency measures by citing ongoing military activity in Gaza and an "exceptional" number of detainees. However, the petitioners rejected this rationale, arguing that the factual basis for these claims no longer holds true. They assert that the current legal framework poses a significant threat to the rights of detainees from Gaza, potentially leading to permanent changes in Israeli law that violate fundamental rights.

The Jerusalem Report

• “The shortening of the time periods does not cure the severe violation of detainees’ fundamental rights,” — Petitioners

The Jerusalem Report

• “cruel, inhuman, and degrading treatment amounting to torture,” — Sari Bashi, Executive Director, PCATI

The Jerusalem Report

• “The current situation raises serious concern that the respondents seek to introduce permanent changes to the law that violate the rights of detainees from Gaza, even after the circumstances that allegedly justified those changes have entirely ceased to exist,” — Petitioners

The Jerusalem Report

The ongoing debate surrounding these emergency detention measures highlights significant tensions between national security and the protection of human rights within Israel's legal framework.

The Jerusalem Report