The Israeli Supreme Court has unanimously rejected six petitions from families of Palestinian citizens that sought the return of the bodies of individuals accused of terrorism for burial. Five of these petitions were filed by Adalah, a legal organization advocating for Arab minority rights in Israel.
Among the individuals whose remains the families sought is Walid Daqqa, a Palestinian citizen accused of involvement in the 1984 kidnapping and murder of an Israeli soldier. Daqqa had been serving a life sentence before passing away in April 2024 after battling cancer. Adalah argued that withholding the bodies violated the affected families’ rights to dignity and proper burial.
The court, however, upheld the state’s position, which underlines the necessity of retaining these bodies for potential negotiations concerning Israeli hostages held by Hamas. Justices David Mintz, Alex Stein, and Gila Canfy Steinitz cited Regulation 133(3) of the Defense Regulations (Emergency), which facilitates the temporary retention and burial of bodies for security purposes. The court found that the issue fell outside its jurisdiction due to its political and security implications.
Attorney Nareman Shehadeh-Zoabi from Adalah criticized the ruling, stating it exemplifies the state’s exploitation of Palestinian remains for political gain, infringing upon the dignity of the deceased and their relatives. While Article 34 of Protocol I of the Geneva Conventions requires the respectful handling and return of remains, Israel is not a signatory to this protocol, unlike Palestine. Between 1991 and 2008, it is estimated that Israel returned 405 bodies in exchange for its soldiers’ remains.
The decision comes at a time of heightened tensions, with Hamas recently releasing a video of an IDF soldier held captive, sparking international outcry. Furthermore, reports suggest 96 of the 251 hostages taken by Hamas in October remain in Gaza.
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