What of Gaza’s ‘other hostages’ — the thousands of Palestinians held in Israel without charge?

Analysis What of Gaza’s ‘other hostages’ — the thousands of Palestinians held in Israel without charge?
Badr Dahlan, who was released on June 20 by the Israeli army, appeared to be in a state of shock as he answered questions at Shuhada Al-Aqsa Hospital in Deir Al-Balah. (Getty Images)
Short Url
Updated 26 June 2024
Follow

What of Gaza’s ‘other hostages’ — the thousands of Palestinians held in Israel without charge?

What of Gaza’s ‘other hostages’ — the thousands of Palestinians held in Israel without charge?
  • Survivors of Israeli detention describe a pattern of beatings, torture and abuse without access to family or lawyers
  • NGOs have reported a dramatic rise in the number of Palestinians incarcerated without charge or trial since Oct. 7

LONDON: A disturbing video emerged on social media last week of a Palestinian man identified as 29-year-old Badr Dahlan.

Wide-eyed and rocking back and forth as he spoke, Dahlan appeared to be in a state of shock as he answered questions at Shuhada Al-Aqsa Hospital in Deir Al-Balah, Gaza, shortly after his release from Israeli custody.

Dahlan, described by those who knew him as “a socially active and beloved young man,” appeared utterly transformed by the month he had spent in Israeli custody since he was seized in Khan Younis.

He described a pattern of beatings, torture and abuse that has become familiar to NGOs monitoring the dramatic increase in the number of Palestinians being incarcerated without charge or trial since the Gaza conflict began last October.




Badr Dahlan (L) and other detainees were seen to be weakened and had scars on their bodies following their release on June 20. (Getty Images)

As the world’s attention continues to be focused on the remaining hostages taken by Hamas on Oct. 7, the plight of “the other hostages” — thousands of innocent Palestinian adults and children seized and held by Israel without charge — is largely ignored.

“There are currently about 9,200 prisoners in total from the West Bank and the Occupied Territories,” said Jenna Abu Hsana, international advocacy officer at Ramallah-based Palestinian NGO Addameer — the Prisoner Support and Human Rights Association.

“Of those, we believe about 3,200 are administrative detainees.”

Administrative detention “is basically a tool that is used by the occupation to indefinitely detain Palestinians for a prolonged period of time,” in prisons run by the Israel Prisons Service,” she said.

Detainees are charged and “tried” by military courts, but the process bypasses all norms of internationally accepted judicial procedure.

“There isn’t really a ‘charge’ because no evidence is presented against the detainee,” said Abu Hsana. “Any so-called evidence is kept in a secret file to which the detainee and their lawyer do not have access.”




Israeli soldiers stand by a truck packed with bound and blindfolded Palestinian detainees, in Gaza, Friday, Dec. 8, 2023. (AP)

Incarceration can last up to six months at a time and can then be extended for another six months at the discretion of the military.

Originally, the case against people held under this law had to be judicially reviewed within 14 days, but in December this was extended to 75 days. Simultaneously, the amount of time for which a prisoner could be denied a meeting with an attorney was raised from 10 days to 75 or, with the court’s approval, up to 180 days.

This is an invidious situation, says B’Tselem, the Israeli Information Center for Human Rights in the Occupied Territories, which “leaves the detainees helpless — facing unknown allegations with no way to disprove them, not knowing when they will be released, and without being charged, tried or convicted.”

Israel “routinely uses administrative detention and has, over the years, placed thousands of Palestinians behind bars for periods ranging from several months to several years, without charging them, without telling them what they are accused of, and without disclosing the alleged evidence to them or to their lawyers.”

The situation in Gaza is slightly different, in that detainees held there since October have been arrested and held incommunicado in military camps under Israel’s Law on Incarceration of Unlawful Combatants, which was introduced in 2002.

But the effect is the same as for those being held under administrative detention. “Detainees can be held in these military camps for prolonged periods of time, with no charge and no evidence,” said Abu Hsana.

Before Oct. 7, Israel was holding about 5,000 Palestinians from the West Bank and the Occupied Territories in its prisons, of whom roughly 1,000 were being held under administrative detention.

Since Oct. 7, however, “the numbers have escalated,” said Abu Hsana. “There are currently over 9,200 detainees in the prisons, and of these 3,200 are being held under administrative detention.”

However, NGOs are struggling to determine exactly how many people have been taken in Gaza.

“We don’t have any accurate numbers because the occupation refuses to release any information, but we are told that it’s currently around 3,000 to 5,000 detainees.”

Most are held at one of two military sites — Camp Anatot, near Jerusalem, and Sde Teman, near Beersheba in the northern Negev.




Prisoners at Sde Teiman detention facility. NGOs are struggling to determine exactly how many people have been taken in Gaza since Oct. 7. (X)

Access to families and even lawyers is denied throughout a prisoner’s detention in these camps. But as some have been released over the past few months, shocking details have begun to emerge.

“For the detainees from Gaza, it’s especially difficult because they are handcuffed and blindfolded throughout their entire detention, from the moment of their arrest until they’re released, and the plastic zip ties being used are very tight and have caused many serious injuries,” said Abu Hsana.

In April, Israeli newspaper Haaretz obtained a copy of a letter sent to Israel’s attorney general and the ministers of defense and health by a distressed Israeli doctor at Sde Teman.

“Just this week,” the doctor wrote, “two prisoners had their legs amputated due to handcuff injuries, which unfortunately is a routine event.”

He added: “I have faced serious ethical dilemmas. More than that, I am writing to warn you that the facilities’ operations do not comply with a single section among those dealing with health in the Incarceration of Unlawful Combatants Law.”

None of the detainees, he added, were receiving appropriate medical care.

All this, he concluded, “makes all of us — the medical teams and you, those in charge of us in the health and defense ministries — complicit in the violation of Israeli law, and perhaps worse for me as a doctor, in the violation of my basic commitment to patients, wherever they are, as I swore when I graduated 20 years ago.”




A member of the Israeli security forces stands next to a blind-folded Palestinian prisoner on the border with Gaza near the southern Israeli city of Ashkelon on October 8, 2023. (AFP)

UNRWA, the UN Relief and Works Agency for Palestine Refugees in the Near East, recently published a scathing report condemning the treatment of Palestinians who had been held, without charge or trial, and later released.

The report was based on information obtained through UNRWA’s role in coordinating humanitarian aid at the Karem Abu Salem crossing point between Gaza and Israel, where Israeli security forces have been regularly releasing detainees since early November 2023.

By April 4, UNRWA had documented the release of 1,506 detainees, including 43 children and 84 women. Detainees reported having been sent multiple times for interrogations and enduring extensive ill-treatment.

This included “being subjected to beatings while made to lie on a thin mattress on top of rubble for hours without food, water or access to a toilet, with their legs and hands bound with plastic ties.”

Several detainees, said UNRWA, “reported being forced into cages and attacked by dogs. Some released detainees, including a child, had dog bite wounds on their body.”




Israeli soldiers detain blindfolded Palestinian men in a military truck on November 19, 2023. (AFP)

Other methods of ill-treatment reported included “physical beatings, threats of physical harm, insults and humiliation such as being made to act like animals or getting urinated on, use of loud music and noise, deprivation of water, food, sleep and toilets, denial of the right to pray and prolonged use of tightly locked handcuffs causing open wounds and friction injuries.”

In a statement provided to the BBC in response to UNRWA’s findings, the Israel Defense Forces said: “The mistreatment of detainees during their time in detention or whilst under interrogation violates IDF values and contravenes IDF and is therefore absolutely prohibited.”

It rejected specific allegations including the denial of access to water, medical care and bedding. The IDF also said that claims regarding sexual abuse were “another cynical attempt to create false equivalency with the systematic use of rape as a weapon of war by Hamas.”

Israeli peace activists have protested outside the camp, holding banners reading “Sde Teman torture camp” and “Israel makes people disappear.” In an apparent attempt to dampen growing unease about its treatment of detainees, earlier this month (June) Israel invited The New York Times “to briefly see part of” the facility.

If the authorities were hoping for a stamp of approval, they were to be disappointed.




Israelis protest at Sde Teman “Torture camp” where Palestinians are held. (X)

On June 6, the paper described “the scene one afternoon in late May at a military hangar inside Sde Teman.” In barbed-wire cages, the paper reported, “men sat in rows, handcuffed and blindfolded … barred from talking more loudly than a murmur, and forbidden to stand or sleep except when authorized.”

All were “cut off from the outside world, prevented for weeks from contacting lawyers or relatives.”

By late May, the NYT was told, about 4,000 Gazan detainees had spent up to three months in limbo at Sde Teman, including “several dozen” people captured during the Hamas-led attack of Oct. 7.

After interrogation, “around 70 percent of detainees had been sent to purpose-built prisons for further investigation and prosecution.

“The rest, at least 1,200 people, had been found to be civilians and returned to Gaza, without charge, apology or compensation.”

On May 23, a group of Israeli human rights organizations petitioned the Supreme Court calling for the camp’s closure. The government has agreed to scale back activities there and the court has ordered the state to report back on conditions at the facility by June 30.

But protesters and NGOs say the scandal of Sde Teman is just the tip of the iceberg.




Israeli security forces detain a Palestinian man as he attempts to attend the first Friday noon prayer of the Muslim holy month of Ramadan at the Al-Aqsa mosque in Jerusalem on March 15, 2024. (AFP)

“Scores of testimonies reveal pervasive torture and ill-treatment of Palestinian detainees, with numerous reports of deaths in Israeli prisons and military camps, blatantly violating the absolute prohibition of torture under international law,” said Miriam Azem, international advocacy and communications associate with Adalah — the Legal Center for Arab Minority Rights in Israel.

“Thousands of Palestinians are held under administrative detention without charge or trial, based on secret evidence, in deplorable and life-threatening conditions.

“Hundreds of Palestinians from Gaza remain held incommunicado, without access to lawyers or family, their whereabouts unknown, under a legal framework that permits enforced disappearances, constituting a grave violation of international law.

“The urgency of the current moment demands immediate and resolute intervention from the international community. Failure to act poses a threat to Palestinian lives.”

The children in Israel’s prisons
Ongoing hostage-for-prisoners exchange opens the world’s eyes to arrests, interrogations, and even abuse of Palestinian children by Israeli authorities

Enter


keywords

UN could meet with Israel PM despite warrant: UN

UN could meet with Israel PM despite warrant: UN
Updated 22 November 2024
Follow

UN could meet with Israel PM despite warrant: UN

UN could meet with Israel PM despite warrant: UN
  • UN Secretary General Antonio Guterres and Netanyahu have not spoken since the war started
  • UN spokesman Stephane Dujarric said UN policy on contacts with people facing arrest warrants dates back to a document issued in 2013

UNITED NATIONS: The arrest warrant issued against Israeli Prime Minister Benjamin Netanyahu over the war in Gaza does not bar UN officials from meeting with him in the course of their work, the UN said Thursday.
UN Secretary General Antonio Guterres and Netanyahu have not spoken since the war started as a result of the Hamas attack against Israel on October 7, 2023, although there have been contacts with the Israeli leader by UN officials in the region.
Guterres has been declared persona non grata by Israel, which accuses him of being biased in favor of the Palestinians. So talks between him and Netanyahu are very unlikely.
After the warrants issued Thursday by the International Criminal Court against Netanyahu, former defense minister Yoav Gallant and Hamas’s military chief Mohammed Deif, UN spokesman Stephane Dujarric said UN policy on contacts with people facing arrest warrants dates back to a document issued in 2013.
“The rule is that there should not be any contacts between UN officials and individuals subject to arrest warrants,” Dujarric said.
But limited contacts are allowed “to address fundamental issues, operational issues, and our ability to carry out our mandates,” he added.
In late October, at a summit of the BRICS countries in Russia, Guterres met with President Vladimir Putin, who faces an arrest warrant from the ICP over the war in Ukraine.
That meeting, during which Guterres reiterated his condemnation of the Russian invasion, angered Ukraine.


Palestinians welcome ICC arrest warrants for Israeli PM and former defense minister

Palestinians welcome ICC arrest warrants for Israeli PM and former defense minister
Updated 22 November 2024
Follow

Palestinians welcome ICC arrest warrants for Israeli PM and former defense minister

Palestinians welcome ICC arrest warrants for Israeli PM and former defense minister
  • Palestinian Authority calls on UN member states to ensure the warrants for Benjamin Netanyahu and Yoav Gallant, who are accused of war crimes, are acted upon
  • The EU’s chief diplomat, Josep Borrel, says decision is ‘binding’ on all members of the International Criminal Court

LONDON: Palestinians welcomed the decision by the International Criminal Court on Thursday to issue arrest warrants for Israel’s Prime Minister Benjamin Netanyahu and his former minister of defense, Yoav Gallant.

The Palestinian Authority said the court’s decision comes as Israeli forces continue to bomb Gaza in a conflict that has killed nearly 45,000 Palestinians since the Oct. 7 attacks by Hamas, and it hopes the ruling will help to restore faith in international law, the official Palestinian WAFA news agency reported.

Netanyahu and Gallant are the first leading officials from a nation allied with the West against whom the ICC has issued arrest warrants since the court was established in July 2002. It also issued an arrest warrant for Mohammed Deif, the head of the military wing of Hamas. Israeli authorities said in August he was killed by their forces in an attack the previous month, though Hamas have not confirmed this.

All three men are accused of war crimes and crimes against humanity over their actions during the war in Gaza or the Oct. 7 attacks.

The PA said the decision to issue warrants against Netanyahu and Gallant was important because Palestinians “are being subjected to genocide and war crimes, represented by starvation as a method of warfare,” as well as mass displacement and collective punishment.

The PA, which signed up to the ICC in 2015, called on all UN member states to ensure the warrants are acted upon and to “cut off contact and meetings with the international wanted men, Netanyahu and Gallant.” Israel is not a member of the ICC.

The EU’s chief diplomat, Josep Borrel, posted a message on social media platform X on Thursday in which he described the court’s decisions as “binding” on all those who have signed up to it.

“These decisions are binding on all states party to the Rome Statute (the treaty that established the ICC), which includes all EU member states,” he wrote.

Netanyahu, Israel’s longest-serving prime minister who has spent 17 years in office during three spells in charge since 1996, denounced the decision by the ICC to issue the warrant as “antisemitic.”

He said it would “have serious consequences for the court and those who will cooperate with it in this matter.”


Between bomb craters: Taxis stuck on war-hit Lebanon-Syria border

Between bomb craters: Taxis stuck on war-hit Lebanon-Syria border
Updated 21 November 2024
Follow

Between bomb craters: Taxis stuck on war-hit Lebanon-Syria border

Between bomb craters: Taxis stuck on war-hit Lebanon-Syria border

MASNAA, Lebanon: Stuck in no man’s land on the war-hit Lebanon-Syria border, cab driver Fadi Slika now scrapes a living ferrying passengers between two deep craters left by Israeli air strikes.

The journey is just 2 km, but Slika has no other choice — his taxi is his only source of income.

“My car is stuck between craters: I can’t reach Lebanon or return to Syria. Meanwhile, we’re under threat of (Israeli) bombardment,” said the 56-year-old.

“I work and sleep here between the two holes,” he said.

A dual Lebanese-Syrian national, Slika has been living in his car, refusing to abandon it when it broke down until a mechanic brought a new engine.

His taxi is one of the few that has been operating between the two craters since Israeli strikes in October effectively blocked traffic on the Masnaa crossing.

The bombed area has become a boon for drivers of tuk-tuks, who can navigate the craters easily. 

A makeshift stall, the Al-Joura (pit in Arabic) rest house, and a shop are set up nearby.

Slika went for 12 days without work while waiting for his taxi to be fixed. The car has become his home. A warm blanket covers its rear seats against eastern Lebanon’s cold winters, and a big bag of pita bread sits on the passenger side.

Before being stranded, Slika made about $100 for trips from Beirut to Damascus.

Now, an average fare between the craters is just $5.50 each way, though he said he charged more.

On Sept. 23, Israel intensified its aerial bombing of Lebanon and later sent in ground troops, nearly a year after Hezbollah initiated limited exchanges of fire in support of Hamas amid the Gaza war.

Since then, Israel has bombed several land crossings with Syria out of service. 

It accuses Hezbollah of using what are key routes for people fleeing the war in Lebanon to transfer weapons from Syria.

Amid the hardship of the conflict, more than 610,000 people have fled from Lebanon to Syria, mostly Syrians, according to Lebanese authorities.

Undeterred by attacks, travelers still trickle through Masnaa, traversing the two craters that measure about 10 meters deep and 30 meters wide.

On the other side of the road, Khaled Khatib, 46, was fixing his taxi, its tires splattered with mud and hood coated in dust.

“After the first strike, I drove from Syria and parked my car before the crater. When the second strike hit, I got stuck between the two holes,” he said, sweat beading as he looked under the hood.

“We used to drive people from Damascus to Beirut. Now, we take them from one crater to another.”

Khatib doesn’t charge passengers facing tough times, he said, adding he had been displaced from southern Beirut, hammered by Israeli raids since September. He moved back to his hometown near the Masnaa crossing.

Despite harsh times, a sense of camaraderie reigns.

The drivers “became like brothers. We eat together at the small stall every day ... and we help each other fix our cars,” he said.

Mohamed Yassin moved his coffee stall from the Masnaa crossing closer to the pit after the strike, offering breakfast, lunch, and coffee. “We try to help people as much as possible,” he said.

Farther from the Lebanese border, travelers crossed the largest of the two crevasses, wearing plastic coverings on their shoes to avoid slipping in the mud.

A cab driver on a mound called out, “Taxi to Damascus!” while tuk-tuks and trucks ferried passengers, bags, and mattresses across.

Nearby, Aida Awda Mubarak, a Syrian mother of six, haggled with a tuk-tuk driver over the $1 fare.

The 52-year-old said she was out of work and needed to see her son after the east Lebanon town where he lives was hit by Israeli strikes.

“Sometimes we just can’t afford to pay for a tuk-tuk or a cab,” she said.


Netanyahu says ICC warrant won’t stop Israel defending itself

Netanyahu says ICC warrant won’t stop Israel defending itself
Updated 21 November 2024
Follow

Netanyahu says ICC warrant won’t stop Israel defending itself

Netanyahu says ICC warrant won’t stop Israel defending itself
  • “No outrageous anti-Israel decision will prevent us — and it will not prevent me — from continuing to defend our country in every way,” Netanyahu said
  • The premier is accused alongside his former defense minister Yoav Gallant of “war crimes” and “crimes against humanity“

JERUSALEM: Prime Minister Benjamin Netanyahu said Thursday that an arrest warrant issued against him by the International Criminal Court over his conduct of the Gaza war would not stop him defending Israel.
“No outrageous anti-Israel decision will prevent us — and it will not prevent me — from continuing to defend our country in every way,” Netanyahu said in a video statement. “We will not yield to pressure,” he vowed.
The premier is accused alongside his former defense minister Yoav Gallant of “war crimes” and “crimes against humanity” for Israel’s actions in Gaza.
He described Thursday’s decision as a “dark day in the history of nations.”
“The International Criminal Court in The Hague, which was established to protect humanity, has today become the enemy of humanity,” he said, adding that the accusations were “utterly baseless.”
Israel has been fighting in Gaza since October 2023, when a cross-border attack by Hamas militants resulted in the deaths of 1,206 people, mostly civilians, according to an AFP tally of Israeli official figures.
Its retaliatory campaign has led to the deaths of 44,056 people in Gaza, most of them civilians, according to figures from the Hamas-run territory’s health ministry which the United Nations considers reliable.
UN agencies have warned of a severe humanitarian crisis in Gaza, including possible famine, due to a lack of food and medicines.
The court said it had found “reasonable grounds” to believe Netanyahu and Gallant bore “criminal responsibility” for the war crime of starvation as a method of warfare, as well as the crimes against humanity of murder, persecution, and other inhumane acts.
Netanyahu said the court was accusing Israel of “fictitious crimes,” while ignoring “the real war crimes, horrific war crimes being committed against us and against many others around the world.”
In addition to Netanyahu and Gallant, the court also issued an arrest warrant for Hamas military wing chief Mohammed Deif, who Israel said was killed in an air strike last July.
Hamas has never confirmed his death.
Netanyahu mocked the court’s decision to issue a warrant for “the body of Mohammed Deif.”


Italy says would have to arrest Netanyahu after ICC warrant

Italy says would have to arrest Netanyahu after ICC warrant
Updated 21 November 2024
Follow

Italy says would have to arrest Netanyahu after ICC warrant

Italy says would have to arrest Netanyahu after ICC warrant
  • Crosetto believed the ICC was “wrong” to put Netanyahu and Gallant on the same level as Hamas
  • It was not a political choice but Italy was bound as a member of the ICC to act on the court’s warrants

ROME: Italian Defense Minister Guido Crosetto said Thursday his country would be obliged to arrest Israeli Prime Minister Benjamin Netanyahu if he visited, after the International Criminal Court issued a warrant.
The ICC earlier also issued arrest warrants for Netanyahu’s former defense minister, Yoav Gallant, as well as Hamas’s military chief Mohammed Deif.
Crosetto — whose country holds the G7 rotating presidency this year — told RAI television’s Porta a Porta program that he believed the ICC was “wrong” to put Netanyahu and Gallant on the same level as Hamas.
But he said that if Netanyahu or Gallant “were to come to Italy, we would have to arrest them.”
It was not a political choice but Italy was bound as a member of the ICC to act on the court’s warrants, Crosetto said.
Foreign Minister Antonio Tajani had earlier been more cautious, saying: “We support the ICC, while always remembering that the court must play a legal role and not a political role.
“We will evaluate together with our allies what to do and how to interpret this decision.”