Since the establishment of Israel in 1948, the Israeli Security Agency has been torturing Palestinians. Al-Shabaka Senior Palestine Policy Fellow Yara Hawari argues that the use of torture in Israeli detention is systematic and legitimized through domestic law, and outlines steps for the international community to hold Israel to account and bring an end to these violations.
The recent case of Samer Arbeed highlighted once again the systematic use of torture against Palestinian detainees in Israeli prisons. Israeli soldiers arrested Arbeed at his home in Ramallah on September 25, 2019. They beat him severely before taking him to Al Moscobiyye detention center in Jerusalem for interrogation. Two days later, according to his lawyer, he was hospitalized as a result of severe torture, and lay in critical condition for several weeks. A judicial body had authorized the Israeli Secret Service, the Shin Bet, to use "exceptional methods" to extract information in this case without going through the courts. This led Amnesty International to condemn what happened to Arbeed as "legally-sanctioned torture." 1 2
In August 2019, shortly prior to Arbeed’s arrest, the Israeli occupation forces began a targeted campaign against Palestinian youth and arrested over 40 students
from Birzeit University. The arrests increased after Arbeed’s detention and, as many of the students have been denied access to lawyers, it is expected that many have also been subjected to torture.
The above actions are nothing new. Since the establishment of the state of Israel in 1948, the Israeli Security Agency (ISA) has been systematically torturing Palestinians using a variety of techniques. And though many countries have incorporated the prohibition of torture into their domestic legislation (despite it remaining a widespread practice under the guise of state security), Israel has taken a different course: It has not passed domestic legislation prohibiting torture’s use, and its courts have allowed for torture to be used in cases of “necessity.” This has given the ISA free rein to use torture extensively against Palestinian political prisoners.