The Security Provisions Order of 1970, which comprises the "Criminal Code" of the Judea and Samaria region grants IDF soldiers the authority to delay and detain all persons suspected of committing an offence. This power may equally be utilized against both Palestinians and Israelis.
The military legislation also empowers members of the Israeli Police Force to delay and detain all persons suspected of committing an offence. In practice, where possible, preference is given to the Israeli police in carrying out arrest. This procedure requires every soldier to act immediately in order to prevent or halt the committing of crimes by Israelis, delaying or detaining suspects until the arrival of the civilian police, and according to need, securing the area.
The directives' main guidelines in the matters of delay and detention are as follows:
1) A soldier is authorized to detain all persons considered suspect in having committed or are in the process of committing offences, or possess pertinent information in relation to planned or committed offences or are likely to do so in the near future.
2) It is permitted to detain a person for up to 3 hours. A police or military officer holding the minimum rank of Colonel has the power to extend this detention to an additional 3 hours. With the exception of reasonable force being employed in order to conduct an arrest should a suspect resist; the use of force is prohibited in conducting the detention.
3) A soldier is authorized, whilst using reasonable force, to detain all persons that are suspected of committing an offence, when at the time, circumstances do not permit a satisfactory delay. The soldier is responsible to transfer the detainee at the first possible instance to a detention facility for investigation and the issuing of a remand order.
4) Generally the authority to issue a remand order is given to a police officer for a period up to 8 days from the time of arrest.
5) In extreme situations, where a person has been detained whilst the IDF was conducting operational missions in the war against terror, and the circumstances of the arrest raise suspicions that the person poses a threat to the security of the region, to IDF forces or to the Israeli public, an IDF officer of Captain rank (and higher) is authorized to issue a remand order against him for a period of 8 days after being granted permission by the Prosecutor of Judea and Samaria.