A report reveals that Israel has classified approximately
4,500 Palestinians detained from Gaza as “unlawful combatants,” detaining many
civilians without charge or trial under this legal framework. The detainees
include non-combatants such as doctors, journalists, children, and civil
servants, who have faced severe mistreatment including torture, as documented
by various human rights organisations.
Israel’s Use of the “Unlawful Combatants” Label
According to an investigative report by The Guardian, citing
classified Israeli military data, Israel has detained around 6,000 Palestinians
from Gaza since October 2023, following the outbreak of hostilities termed as
genocide. Of these detainees, only about one in four were confirmed fighters
affiliated with Hamas or Islamic Jihad, while the majority were civilians
arbitrarily classified as “unlawful combatants” under Israeli military law.
This law allows for indefinite detention without charge or trial.
This sweeping classification encompassed a wide range of
civilians, including doctors, journalists, teachers, civil servants, children,
and individuals with disabilities. Many detainees were held in infamous Israeli
prisons such as the Sde Teiman military camp, where widespread torture,
starvation, sexual assault, and medical neglect were reported, leading to the
deaths of dozens in custody.
Legal Context and Conditions of Detention
The Israeli military invoked the 2002 “Incarceration of
Unlawful Combatants Law” following the 7 October 2023 attacks by Hamas and
other armed groups. Amnesty International's detailed report revealed that this
law grants Israeli authorities broad powers to detain Palestinians indefinitely
without producing evidence or granting access to lawyers. Detainees can be held
for up to 75 days before seeing a judge, and access to legal counsel can be
denied for up to four months. As of July 2024, 1,402 Palestinians were held
under this law, excluding those detained initially without formal orders for a
period of 45 days.
Amnesty International also documented explicit accounts of
torture and inhuman treatment during incommunicado detention, ranging from
physical violence to enforced disappearances. These testimonies included
harrowing accounts from 27 former detainees, among whom were a 14-year-old boy,
women, and ordinary civilians, some detained while at hospitals or internally
displaced persons camps.
Denial of Due Process and Lack of Trials
Crucially, none of the Palestinians detained under the
“unlawful combatant” classification have been brought to trial since October
2023. The Israeli military data shows that of the 6,000 detained, only 1,450
were confirmed militants, while the rest were civilians seized arbitrarily.
More than 3,000 detainees have since been released, but approximately 2,662
remain incarcerated without charge or trial.
Apart from Gaza, Israel has arrested around 18,500
Palestinians across the West Bank and East Jerusalem since October 2023,
marking an unprecedented surge in arrests. Presently, more than 11,100
Palestinians are in Israeli custody, with over 3,500 held under administrative
detention—that is, imprisoned indefinitely without trial or charge.
Impact on Civilians and Specific Cases
The report highlights grave cases such as Dr. Mohamed Abu
Selmia, director of Al Shifa Hospital, detained while escorting a UN convoy;
mothers forcibly separated from infants; journalists; human rights defenders;
and UN aid workers, all swept up and designated unlawful combatants.
Detention conditions are harsh, and detainees report being
transported over long distances, tortured, and held incommunicado. Amnesty
International calls the use of this law a legalisation of enforced disappearances
and torture, violating international humanitarian law and human rights standards.
International human rights law normally insists on safeguards to prevent
arbitrary detention and abuse, which are notably absent in this regime.
International Responses and Legal Concerns
Human rights organisations such as Amnesty International
categorically demand the repeal of the Unlawful Combatants Law, urging Israel
to immediately release civilians detained arbitrarily under the law and ensure
fair trials for those accused of crimes. They also call for unrestricted access
to detainees by lawyers and independent monitors including the International
Committee for the Red Cross.
The UN and other entities have expressed concern over the
legal and humanitarian breaches implicated by Israel’s detention regime, with
thousands detained summarised in UN reports highlighting unlawful practices and
human rights violations.The widespread use of administrative detention and
denial of legal rights contribute to growing apprehension about the legality of
Israel’s mass detentions amid the ongoing conflict.
The comprehensive reports from multiple sources, including
The Guardian, Amnesty International, OHCHR, and others, paint a troubling
picture of Israel’s detention practices since the Gaza conflict escalated in
October 2023. Thousands of Palestinians, many of whom are civilians, have been
detained without charge or trial under a military law that enables indefinite
incarceration and systematic abuse.
These revelations underscore severe breaches of
international legal standards and raise profound concerns about human rights in
the region. The calls for reform and accountability from international human
rights organisations remain urgent and consistent in the wake of these
findings.