חוק כליאתם של לוחמים בלתי חוקיים (תיקון מס' 4 והוראת שעה – חרבות ברזל) (תיקון מס' 2), התשפ"ד-2024Law for the Detention of Unlawful Combatants (Amendment No. 4 and temporary provision – Swords of Iron) (Amendment No. 2), 2024 · automatic translation · suggest a correction

Official summary of the law (Knesset)

The Incarceration of Unlawful Combatants Law, 2002, is intended to regulate the incarceration of unlawful combatants who are not entitled to prisoner-of-war status, in a manner consistent with the State of Israel's obligations under the provisions of international humanitarian law. Among the various arrangements in this law are judicial review of the incarceration of an unlawful combatant, their right to meet with an attorney and be represented, and the conditions of their incarceration. The Incarceration of Unlawful Combatants Law (Amendment No. 4 and Temporary Provision – Iron Swords), 2023, extends the temporary incarceration period of unlawful combatants, and establishes that in a case where the Government has notified the Knesset Foreign Affairs and Defense Committee of a decision to go to war or of significant military actions under Basic Law: The Government, it may declare that these require the application of various provisions of the law. Under Amendment No. 2, the temporary provision regarding the periods specified in the Incarceration of Unlawful Combatants Law was extended, including with respect to the duration of a temporary incarceration order, the timing of being brought before a judge, and the periods during which a meeting with an attorney may be prevented, as well as with respect to the rank of the military officer authorized to approve various actions under the law, until 30 November 2024. In addition, the maximum periods set forth in the law were shortened, including the validity period of the temporary incarceration order, the periods relating to the prevention of a meeting with an attorney, and the period during which judicial review may be conducted. Furthermore, it was determined that when the Minister of Defense designates a place of incarceration for the purposes of implementing the law, he will appoint official inspectors for a particular incarceration facility, part of it, or generally for every incarceration facility – among them, the Chairman of the Knesset Foreign Affairs and Defense Committee, the Attorney General and the Military Advocate General. Such an official inspector may enter the facility, examine its conditions, proper management and treatment of detainees, and at the end of the visit submit a report to the commander of the incarceration facility, whose response will be submitted together with the report to a number of entities, including the Minister of Defense, the Chief of the General Staff, the Attorney General and the Chairman of the Knesset Foreign Affairs and Defense Committee. In addition, a reporting obligation on this matter to the Knesset Foreign Affairs and Defense Committee was established, and it was determined that the Government's declaration of changes to the applicability of the law following a declaration of war, significant military action or other military actions, would remain in effect until 30 September 2024.

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