Internal Security Act is the legislation that enable the government to preserve the internal security, amonst its power it authorizes the arrest and detention without trial for a duration.
Article 78 of the Fourth Geneva Convention 1949
"If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment."
Consider Article 9 of the International Covenant on Civil and Political Rights
"makes clear that no-one should be subjected to arbitrary detention and that deprivation of liberty must be based on grounds and procedures established by law".
We have the 'Internal Security Act (Malaysia)', 'Internal Security Act (Singapore)', 'Internal Security Act (South Africa)' and in America. Subversive Activities Control Act, McCarran Act . some Sections (not all) of the Subversive Activities Control Act, McCarran Act has been since ruled unconstitutional by the Supreme Court.
In Israeli this legislation is known as Administrative detention, applied to equally Palestinianian and occasionally Jewish right-wing extremists. The period of Administrative Detention orders goes up to 6 months where there is a reasonable threat to the security of the state and can be extended
The Internal Security Act 1960 (ISA) Malaysia was inherited from Britain ,in essence, it allows for the arrest of any person without the need for trial in certain defined circumstances for over 2 years. Initially and primarily needed for communist insurgents.
Section 8(1) of the ISA provides detention where the minister is satisfied that any person has acted in any manner prejudicial to the;
a) security of Malaysia or part thereof;
b) maintenance of essential services;
c) economic life.
Section 8(7), allows renewal of this 2 year period, indefinately
