The Journal of Human Rights

The Journal of Human Rights

Israel’s Emergency Declaration and the Derogation from Article 9 of the ICCPR in the Occupied Palestinian Territories

Articles in Press

Document Type : Research Article

Authors
Ali Mohagheghdoust 1
Mohammad Hossein Ramezani Ghavamabadi 2
1 Ph.D. Candidate, Faculty of law, Shahid Beheshti University, Tehran, Iran.
2 Associate Professor, Department of International Law, Faculty of law, Shahid Beheshti University, Tehran, Iran.
10.22096/hr.2026.2072951.1786
Abstract
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.
Keywords
Israel's Emergency Declaration
International Covenant on Civil and Political Rights (ICCPR) Articles 4 and 9
Administrative Detention
Occupied Palestinian Territories
International Humanitarian Law
Subjects
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The Journal of Human Rights

Articles in Press, Accepted Manuscript
Available Online from 06 September 2026