Ahmed Hafez
6/2/2024
The Palestinian Authority's Commission for Detainees and Ex-Detainees Affairs and the Palestinian Prisoner’s Club have reported that Israeli occupation forces arrested more than 6,500 Palestinians from the West Bank alone since the start of Operation Al-Aqsa Flood on October 7th.
The two organizations stated in a joint release on Sunday that the arrests included those taken from their homes, at military checkpoints, under duress to surrender, or even held as hostages.
The statement highlighted that Israeli forces engaged in widespread abuse, including severe beatings, threats against detainees and their families, home destruction, intentional killings, vehicle confiscation, and theft of funds.
Legal experts and specialists in Palestinian prisoner affairs told Al Jazeera Net that these figures do not account for arrests in Gaza since the beginning of the Israeli aggression, as no precise statistics are available. They noted that Israeli prison authorities have escalated their actions against detainees, such as canceling trials, transferring many to military courts, preventing contact with families and lawyers, and assaulting children and women.
Dr. Raed Abu Badawi, a professor of international law and international relations at the Arab American University, stated that international law—through the Third Geneva Convention on prisoners of war and the Fourth Geneva Convention on civilians under occupation—provides full protection to Palestinian prisoners and resistance groups, including factions of the Palestinian resistance.
Abu Badawi explained to Al Jazeera Net that international humanitarian law establishes clear criteria for Palestinians, whether as prisoners of war or organized groups with unified leadership and insignias, which are conditions that apply to Palestinian resistance groups, particularly armed factions.
However, according to Abu Badawi, Israel has refused to acknowledge this international legal classification since 1967 and treats Palestinians as criminals, prosecuting them in military courts rather than recognizing them as prisoners of war. Under international law, prisoners of war are not tried but released once the war ends or through a political agreement.
Commenting on international legal tools, Abu Badawi acknowledged that many in the Arab public set high expectations for legal measures. However, he stressed that legal tools alone cannot liberate nations, halt aggression on Gaza, or ensure Palestinian rights.
Still, he noted, these tools hold importance in international relations and politics. While Israel often ignores international resolutions—dozens of which have gone unenforced—such decisions can exert international pressure on Israel and foster global solidarity with Palestinian rights.
The effectiveness of such tools lies in leveraging them politically, economically, and diplomatically to generate global public opinion and pressure. Abu Badawi cited South Africa's case at the International Court of Justice as an example of how such measures could work.
Abu Badawi highlighted that Israel’s violations against prisoners have intensified since October 7th, encompassing inhumane detention conditions, unfair trials, torture, and abuses against children and women.
These measures, he noted, serve several goals:
As such, the escalation in prisoner abuse—through detentions, trials, and inhumane treatment—has become a tool of collective punishment by Israel's far-right government, led by National Security Minister Itamar Ben-Gvir and Finance Minister Bezalel Smotrich.
Hassan Abdel Rabbo, an expert in prisoner affairs, explained that the Commission, established by the Palestinian Liberation Organization (PLO) and the Palestinian Authority, is responsible for the political and legal advocacy of detainees, addressing their social and humanitarian conditions, supporting their families, and reintegrating freed prisoners into society.
Abdel Rabbo told Al Jazeera Net that the Commission coordinates with Palestinian political forces to support prisoners during hunger strikes or other forms of protest within prisons, as well as organizing solidarity activities in Palestinian streets. These efforts aim to amplify media coverage and apply international pressure on Israel.
Since October 7th, Abdel Rabbo noted that Israeli authorities have ramped up restrictions on Palestinian prisoners, including canceling trials to impose harsher sentences, severely limiting defense lawyers’ ability to advocate for detainees, and increasing reliance on military orders instead of legal processes.
More than 30% of prisoners are held under administrative detention without formal charges—a practice Abdel Rabbo condemned as the height of injustice and racism.
Despite these challenges, he emphasized the importance of continuing legal advocacy for prisoners in the face of measures such as isolation, trial cancellations, and family visitation bans.
Abdel Rabbo concluded by stressing that the prisoner issue remains one of the most central to the Palestinian national cause, affecting thousands of detainees. He noted that securing their release hinges on either a comprehensive political solution—currently unattainable—or prisoner exchange deals, which have occurred repeatedly throughout the Israeli-Palestinian conflict.
Source: Al Jazeera + Online Sources