Statement: Condemnation of the Disappearances of Palestinians in Gaza, Last Seen in Israeli Military Custody

Statement by Justice For All
Condemnation of the Disappearances of Palestinians in Gaza, Last Seen in Israeli Military Custody

January 2, 2025

Justice For All is deeply alarmed by the disappearance of a significant number of Palestinians from Gaza who were last seen in the custody of the Israeli Defense Forces (IDF).¹ Despite the Israeli military’s assertions that it has “no information” on their whereabouts, compelling evidence indicates that many were retained by Israeli forces. These detained individuals are either being held in undisclosed locations or have faced tragic fates.

This alarming situation highlights a systemic lack of accountability within the Israeli military and constitutes a severe violation of international law, amounting to collective punishment of the Palestinian people. Israel’s refusal to provide information to families or allow access to detention facilities by the International Committee of the Red Cross (ICRC) constitutes a form of psychological torture.

Context and Evidence

A report by the Associated Press (December 11, 2024) states:

Throughout the war, the military has conducted what amounts to a mass sifting of the Palestinian population as it raids homes and shelters and sends people through checkpoints. Troops round up and detain men, from dozens to several hundreds at a time, searching for any they suspect of Hamas ties, while forcing their families away, toward other parts of Gaza. The result is families split apart, often amid the chaos of fighting. But the military has not made clear how it keeps track of everyone it separates, arrests or detains. Even if troops transfer Palestinians to military detention inside Israel, they can hold them incommunicado for more than two months — their whereabouts unknown to families or lawyers, according to rights groups.²

Several Israeli and international human rights organizations, including Justice For All, have consistently denounced the unlawful detention and egregious treatment of Palestinian prisoners. Since October 7, Justice For All has released numerous statements, policy briefs and in-depth reports documenting allegations of torture, sexual violence, enforced disappearances and the systematic denial of fundamental rights to detainees in Gaza and the West Bank.³

According to a recent report by the Israeli newspaper Haaretz, the Israeli human rights organization HaMoked has filed 901 requests to locate detainees. Of these, only partial responses have been received, confirming the detention of 501 individuals. The whereabouts of the remaining detainees remain unknown, leaving their families in a state of uncertainty and anguish.

The Incarceration of Unlawful Combatants Law (2002) allows Israel to detain individuals—often Palestinians—without charge or trial for extended periods, including up to 45 days, which can be extended in some cases. This law has raised significant concerns regarding violations of international law, particularly as it relates to the treatment of detainees from Gaza who are transferred to detention facilities inside Israel.

Violations of International Law

Israel, as an occupying power, is bound by international humanitarian and human rights law to protect civilians under its control. The enforced disappearances and detentions violate the following:

(i) Fourth Geneva Convention (1949)

• Article 49: Prohibits the forcible transfer of protected persons from occupied territories.

• Article 76: Requires that detainees remain in the occupied territory.

• Article 143: Ensures International Committee of the Red Cross (ICRC) access to detainees, which has been denied by Israel in many cases.

(ii) International Covenant on Civil and Political Rights (ICCPR)

• Article 9: Protects against arbitrary detention and ensures access to legal counsel and judicial review.

• Article 10: Mandates humane treatment of detainees, which Israel systematically violates.

(iii) Convention Against Torture (1984)

• Prohibits all forms of torture and degrading treatment, emphasizing transparency in detention practices.

(iv) Customary International Humanitarian Law

• Prohibits enforced disappearances and mandates the protection of civilians during armed conflict.

“The ongoing siege and mass detentions of Palestinians in Gaza, coupled with the deliberate denial of information to their families, constitute profound violations of international law and human dignity,” says Imam Abdul Malik Mujahid, President of Justice For All. “Justice For All will persist in advocating for the rights of all Palestinians, highlighting their collective struggle for justice, dignity, and self-determination,” he asserts.

Justice For All recommends that the United States:

1. Demand Immediate Disclosure of Information

   • Urge Israel to disclose the status and whereabouts of all Palestinians from Gaza detained by its military and call for immediate ICRC access to detainees.

2. Advocate for Compliance with International Law

   • Press Israel to adhere to its obligations under the Fourth Geneva Convention and other binding legal frameworks.

3. Support Independent Investigations and Accountability

   • Advocate for international investigations into enforced disappearances and violations of detainee rights, ensuring accountability under international law.

4. Condemn and Oppose Collective Punishment

   • Strongly condemn Israel’s collective punishment practices and pressure for their immediate cessation.

5. Impose Sanctions on Responsible Israeli Officials

   • The United States must sanction Israeli officials responsible for these human rights violations, including National Security Minister Itamar Ben-Gvir and Prime Minister Benjamin Netanyahu. These sanctions should target personal assets, international travel, and any diplomatic privileges, signaling that violations of international law will have serious consequences.

These steps are essential to uphold the United States’ commitment to human rights, international law, and the dignity of all peoples.

===

Base document: https://docs.google.com/document/d/1c7Q76CMv7k4U8bUgFkCLK3d2__SdyePs-8uYZs_n4Og