Over the last few decades, democratic states have been forced to confront the threat of terrorism on multiple fronts: at home, at the borders, and abroad. One tool that states have employed to protect the population is preventative detention. Although highly effective in countering national security threats, preventative detention presents the risk of unjustified detention.
In this article, Saar and Wahlhaus use the Israeli experience as a lens to explore the efficacy of preventative detention against the backdrop of international law. The authors have conducted a comparative analysis between three different Israeli legal frameworks in an effort to inform other states that are attempting to strike the proper balance between national security and avoiding the risk of unjustified detention.