For weeks now I have been tweeting about the case of Khader Adnan, a Palestinian who is dying in an Israeli hospital as he enters the 10th week of a hunger strike. Adnan is a member of Islamic Jihad, a Palestinian terrorist organization that has committed horrific attacks against Israel. He is starving to death to protest Israel's longstanding policy of detaining Palestinians and holding them, indefinitely and without any semblance of recourse to due process, through a legal mechanism called "administrative detention."
Adnan, importantly, is not accused of committing any attacks against Israel. Indeed, he is not charged with any violent actions or, in fact, anything else. No charges are ever filed against a Palestinian held in administrative detention. No evidence is ever publicly presented or shared with the detainee's lawyer. A Palestinian held in administrative detention has no opportunity to defend or try to exonerate himself. A Palestinian held in administrative detention has no idea if or when he will be freed, and when he is freed, no idea if or when he will be picked up again and placed back into the Kafka-esque world that is Israel's "justice system" in the West Bank.
Adnan reportedly remains shackled to his hospital bed, even though he is too weak to pose the remotest physical threat to anyone. But while he poses no physical threat, make no mistake - Adnan today poses a real threat to Israel.
Because ironically, Israel has, by its own actions, transformed Adnan into a hero and, soon, a martyr for Palestinians from across the political spectrum. The name of Adnan, who otherwise would be neither a hero nor a saint for most Palestinians, will doubtless be invoked in the context of future attacks against Israelis. Attacks that Israeli spokesmen will doubtless dismiss as just more evidence of the Arabs' love of violence and hatred of Israel.
Israel has also transformed Adnan into the newest symbol, throughout the world, of Israeli brutality and indifference to the humanity of the Palestinian people. Adnan's name will doubtless be invoked in the context of future harsh criticisms of Israel - criticisms that Israeli and many American Jewish spokesmen will doubtless condemn as evidence of anti-Semitism and an international conspiracy to "delegitimize" Israel.
Israel's failure to charge Adnan with any crimes - and it has detained Adnan previously, and similarly failed to charge him - lends credence to the view that his detention simply cannot be justified according to Israel's own laws. Israel's failure to free Adnan, even as it is clear that failure to free him will mean his certain death - lends credence to the view that this Israeli government, backed thus far by the indifference or timidity of Israel's High Court of Justice, is terrified that admitting fault in this case will force it to admit that its entire system of arbitrarily detaining and holding Palestinians without charge cannot be defended.
Adnan and his hunger strike, therefore, embody the threat facing Israel from within. Because only a country whose moral compass is spinning could think that it is somehow acceptable to allow a man - even a man who harbors odious views and is involved in an odious organization (which Islamic Jihad is by any measure) - to die under these circumstances.
The Israeli High Court today announced that it would hear Adnan's urgent appeal tomorrow (Tuesday, February 21st). Which leaves an opening - albeit a small one - for Israel to still do the right thing: charge Adnan or set him free. All of us who love Israel should pray that it does - and that for Israel's own sake, Israel reconsiders its administrative detention policy in the future.
Further reading on this topic:
+972, 2/20/12: High Court moves up hearing of Khader Adnan's appeal to Tuesday
+972, 2/19/12: Protesting arrest without charges, Khader Adnan is dying
Washington Post 2/18/12: Palestinian prisoner on hunger strike poses challenge for Israel
CNN 2/18/12: Palestinian's hunger strike puts spotlight on Israeli detentions
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