نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Upon acceding to the International Covenant on Civil and Political Rights (ICCPR) in 1991, Israel declared that it did not consider itself bound by Article 9—which prohibits arbitrary arrest and detention—invoking the state's right to derogation in times of “public emergency,” as provided under Article 4 of the Covenant. This research critically examines the legal validity of Israel’s derogation declaration and challenges its ability to justify the derogation from arrest-related safeguards in the occupied Palestinian territories. Using a descriptive-analytical methodology, the study argues—based on legal reasoning and documentary evidence—that Israel’s declaration cannot justify the derogation from the protections under Article 9 of the ICCPR in the occupied Palestinian territories. This conclusion is based both on the fact that many of these protections are also guaranteed under international humanitarian law, whether treaty-based or customary; and on the legal invalidity of Israel’s derogation declaration itself.
کلیدواژهها English
