Sponsor
Portland State University. Department of Criminology & Criminal Justice
First Advisor
Christopher Carey
Term of Graduation
Spring 2025
Date of Publication
5-29-2025
Document Type
Thesis
Degree Name
Master of Science (M.S.) in Criminology and Criminal Justice
Department
Criminology and Criminal Justice
Language
English
Subjects
Administrative Detention, Child Detainees, Doctrinal Legal Analysis, International Legal Standards, Military Courts, Palestinian Prisoners
DOI
10.15760/etd.3981
Physical Description
1 online resource (xi, 85 pages)
Abstract
This thesis examines whether Israeli detention practices of Palestinians conform to or contravene Israeli domestic legislation and international legal standards using a doctrinal legal analysis. This thesis evaluates six key areas through four hypotheses: the detention of minors, geographic disparities (particularly Gaza), administrative detention procedures, the use of military courts, due process violations, and detention conditions. While Israeli domestic law formally authorizes these practices, the analysis finds they routinely violate crucial international legal norms, including the ICCPR, CRC, CAT, and the Fourth Geneva Convention. The use of secret evidence, prolonged administrative detention without trial, and discriminatory legal frameworks undermines the right to a fair trial and protection against arbitrary detention. The conditions under which individuals are held, such as solitary confinement, instances of torture, and neglect of medical needs, significantly violate both international humanitarian laws and human rights norms. This thesis explores how the practices employed in Israeli detention, despite being legalized, contravene global obligations. It emphasizes the pressing need for legal reform, mechanisms for accountability, and adherence to international laws regarding the treatment of detainees.
Rights
© 2025 Amani Nidal Odeh
In Copyright. URI: http://rightsstatements.org/vocab/InC/1.0/ This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s).
Persistent Identifier
https://archives.pdx.edu/ds/psu/43952
Recommended Citation
Odeh, Amani Nidal, "Navigating Sovereignty and Human Rights: A Legal Analysis of Palestinian Detention Under Israeli Jurisdiction in Comparison to International Law" (2025). Dissertations and Theses. Paper 6890.
https://doi.org/10.15760/etd.3981