r/FreedomOfPalestine

https://x.com/the_andrey_x/status/2087977108534337974

https://www.nbcnews.com/world/israel/settlers-besiege-palestinians-west-bank-village-qusra-terror-rcna592285

An Israeli military judge approved on Tuesday the detention without trial of a Palestinian man who, along with his family, has been attacked several times by Jewish settlers living in illegal outposts in the West Bank. In his decision, the judge said the man was involved in violent "friction incidents" with the settlers.

Thabet Moslem, a 25-year-old from the village of Khirbet al-Marajim south of the village of Duma, was arrested on July 26 at his temporary residence in Duma. For more than a day, his whereabouts remained unknown. Only after a military court order was issued did the army notify his attorney, Afnan Khalifa, that he was being held at the Shomron Detention Facility in the northern West Bank.

On August 3, Colonel Yarden Sasson, the intelligence officer for the IDF's Central Command, signed an order approving Moslem's detention without trial – referred to as administrative detention – until January 25. However, Lt. Col. Shimon Eshoal, who approved the detention on Tuesday, ordered it shortened by two months, until November 25.

Administrative detention allows authorities to arrest an individual and hold them without trial, under the claim that the individual intends to break the law in the future.

The detainee and their legal representatives are not provided with information on the claim, nor is an indictment submitted to the court. In any case, the military prosecution doesn't present evidence, and the detainee therefore isn't given the ability to defend themselves.

In theory, administrative detention has no time limit, and the army commander in the West Bank – or any other officer authorized to do so by him – may renew the detention order every six months or less.

A typical administrative detention order states that the arrest is necessary because the person "endangers the security of the area." Eight days after the order is issued, it is submitted for "judicial review" by a military judge, whose role is to approve or cancel it, or to shorten the duration of the detention.

Military judges usually approve the administrative detention orders as a matter of course. The sessions are held behind closed doors and detainees' representatives are permitted to ask the prosecution questions regarding the evidence, witnesses, and the cause of detention – but in practice they do not receive substantive answers.

At the judicial review hearing for Moslem's detention order, which took place at the Ofer Military Court, Lt. Uri Zarbiv of the military prosecution presented the material in his possession to the judge only, while Moslem's attorney was present in the room. The judge summarized the confidential material in a single sentence, which was permitted for publication: "Involved in incidents of violent friction with settlers," in paraphrase.

Based on Haaretz's review, this reasoning is an extremely rare justification for administrative detention. Arrests of Palestinians by the military after settlers attacked and harassed them are very common, but usually the Palestinians are released after a few hours or days.

Khalifa told the military judge that Moslem is not a dangerous person, but rather that he is the one at risk of being harmed, and that all the "frictions" were due to incursions by Israelis into the village. She submitted videos to the court backing up the testimonies of Moslem and so-called "protective presence" activists – human rights activists seeking to protect Palestinians from settler violence – regarding repeated harassment by Israelis coming from the Michtam Ledavid outpost.

According to the testimonies, the harassment included physical attacks, day and night incursions, blocking an access road with rocks and destroying it with a bulldozer on two occasions, grazing sheep on a resident's private land, threats, property damage and spraying pepper spray.

Complaints were filed with police regarding several of the harassment incidents. In one of the videos, from January 26, two settlers – an adult and a minor – entered the village area at night and were documented threatening Moslem, who was filming them. "It will be fun in prison, don't worry. Just wait," they said.

Khalifa also submitted to the court a request that another lawyer filed with the Military Police to open an investigation into soldiers who were alleged to have accompanied one of the settlers – the adult – on February 4. According to witnesses, they attacked and beat several of the village residents, including children, for roughly two and a half hours. That request has not received any substantive response so far.

Following another similar attack in March, Moslem was forced to move with the family's flock to Duma out of fear that the flock would be stolen, causing the family to lose its livelihood. Last year, his brother was forced to leave the village after unidentified individuals from another outpost set fire to his home. Khalifa intends to file an appeal against the approval of the administrative detention order.

Established in 2025, the Michtam Ledavid outpost is located about three kilometers north of Khirbet al-Marajim and is one of several new outposts commemorating David Libi from the Malchei Hashalom outpost, who was killed in the Gaza Strip while employed as an IDF demolition contractor. Protective presence activists say that they recently learned that the owner of the outpost is Ariel Rahmani, based on footage of graduates from the Ma'aleh Efraim yeshiva.

Khirbet al-Marajim was established at the beginning of the 20th century. Ottoman rule granted lands there to families from the village of Talfit after dozens of its residents were drafted into the Turkish army and fell in the Balkan Wars.

According to Israel Prison Service data provided to the Israeli human rights group HaMoked: Center for the Defence of the Individual, as of early August, the number of Palestinian administrative detainees stood at 3,198 – more than a third of all Palestinian security prisoners.

The number of Palestinians serving prison sentences was 1,474; the number of detainees whose legal proceedings are still ongoing stood at 3,293; and another 1,358 are residents of Gaza imprisoned under the "Unlawful Combatants" law.