Amnesty International called [9] Feb. 28 for the immediate release of both Israeli and foreign civilians held hostage by Hamas, and of all Palestinians arbitrarily detained by Israel. The organization said that the release of hostages and prisoners should not be conditional upon the result of the next phase of ceasefire negotiations between Hamas and Israel. There are at least 59 hostages remaining [10] in Gaza, the majority of whom are Israelis. Meanwhile, there are more than 4,000 Palestinians held in detention in Israel without charge or trial, which Amnesty called a violation of international law.
Detention without charges or trial in Israel derives from the Unlawful Combatants Law [13], which was originally enacted in 2002 to allow the prolonged detention of two Lebanese nationals. Since the Gaza "disengagement" of 2005, Israel has used this law to detain Palestinians deemed to be "national security" threats for prolonged periods of time.
Article 9 of the International Covenant on Civil & Political Rights states [14] that no one "shall be subject to arbitrary arrest or detention." Additionally, the article states that those arrested or detained must be charged and go to trial within a reasonable time or be released.
It its statement, Amnesty International also noted the apparent killings by Hamas of at least six hostages whose bodies were retrieved in August 2024. An Israeli forensic examination determined they had been shot at close range shortly before their remains were turned over.
The public parading of hostages by Hamas prior to being released was also condemned as being in violation of international law. Article 3 of the Geneva Conventions, "Conflicts not of an international character," states [15] that acts against the personal dignity, "in particular humiliating and degrading treatment," are prohibited.
Last week Egyptian authorities said [16] that negotiations between Israel and Hamas have started on the next phase of ceasefire in Gaza, with the goal being a permanent end to the war, the return of all hostages held in captivity by Hamas, and the withdrawal of the Israel Defense Forces from Gaza. A return of the bodies of remaining deceased hostages would take place in the third phase of the negotiations.
From JURIST [17], Feb. 28. Used with permission.
See our last reports on the fate of the hostages [18] and the Israeli detention state [19].
