Justice For All Canada Condemns the Israeli Military’s Illegal Seizure of Property from Arbitrarily Detained Palestinians in Gaza
Justice For All Canada strongly condemns the Israeli military's ongoing and systematic confiscation of personal belongings, including cash and valuables, from Palestinian civilians detained in Gaza, as reported by Haaretz on April 15, 2025. [1]
According to the report, the Israel military has admitted to possessing thousands of confiscated items belonging to Palestinians in Gaza detained since the beginning of its ground invasion in 2023, yet refuses to disclose the amount, nature, or location of these items. Furthermore, the Israeli military has failed to produce or make public the legal orders that govern the handling and storage of this property, citing classified status — in violation of transparency obligations.
This conduct represents a clear and grave breach of international humanitarian law, particularly the Fourth Geneva Convention, which protects civilians during times of armed conflict and military occupation. Article 33 of the Convention prohibits pillage, and Article 147 classifies the "extensive destruction and appropriation of property not justified by military necessity" as a grave breach. The systematic failure to return detainees' personal property upon release, as documented by human rights organizations such as B’Tselem, appears to constitute precisely such unlawful appropriation.
Additionally, the Hague Regulations of 1907 require that "private property must be respected" and prohibit its arbitrary confiscation (Article 46). The Israeli military’s refusal to account for detainees’ belongings, combined with its lack of a transparent, lawful process for handling such items, violates this standard.
Israel is also bound by the International Covenant on Civil and Political Rights (ICCPR), under which it is obligated to respect the rights of individuals deprived of their liberty. Article 9 of the ICCPR prohibits arbitrary detention, and Article 17 prohibits arbitrary or unlawful interference with the person.
In the context of detainees in Gaza, Article 17 is relevant because:
This article underscores the right to dignity and personal security, even during detention or armed conflict, which Israel, as a party to the ICCPR, is obligated to uphold.
Furthermore, according to Customary International Humanitarian Law, particularly Rule 52, pillage is explicitly prohibited. The Israeli military’s practice of withholding these items without legal justification, oversight, or public accountability constitutes a violation of these customary norms.
Justice For All Canada joins the calls of Israeli legal advocates and civil society, demanding that the Israeli military immediately release the relevant operational orders, comply with freedom of information laws, and restore all unlawfully confiscated property to Palestinian civilians. The Israeli military must be held accountable under international law and should not be allowed to act with impunity in its treatment of occupied and detained populations.
“As a Canadian human rights organization committed to defending oppressed populations, we urge the Government of Canada and United Nations to take urgent steps to investigate and hold Israel accountable for these alleged violations of international humanitarian and human rights law,” says Taha Ghayyur, executive director, Justice For All, Canada.
Justice For All Canada will continue to advocate for the dignity, rights, and safety of Palestinians facing systemic abuses under occupation and military aggression.
[1] https://www.haaretz.com/middle-east-news/palestinians/2025-04-15/ty-article/.premium/idf-admits-holding-onto-confiscated-cash-property-of-gazans-freed-from-israeli-detainment/00000196-3556-dc5b-af96-7df7e7a30000
According to the report, the Israel military has admitted to possessing thousands of confiscated items belonging to Palestinians in Gaza detained since the beginning of its ground invasion in 2023, yet refuses to disclose the amount, nature, or location of these items. Furthermore, the Israeli military has failed to produce or make public the legal orders that govern the handling and storage of this property, citing classified status — in violation of transparency obligations.
This conduct represents a clear and grave breach of international humanitarian law, particularly the Fourth Geneva Convention, which protects civilians during times of armed conflict and military occupation. Article 33 of the Convention prohibits pillage, and Article 147 classifies the "extensive destruction and appropriation of property not justified by military necessity" as a grave breach. The systematic failure to return detainees' personal property upon release, as documented by human rights organizations such as B’Tselem, appears to constitute precisely such unlawful appropriation.
Additionally, the Hague Regulations of 1907 require that "private property must be respected" and prohibit its arbitrary confiscation (Article 46). The Israeli military’s refusal to account for detainees’ belongings, combined with its lack of a transparent, lawful process for handling such items, violates this standard.
Israel is also bound by the International Covenant on Civil and Political Rights (ICCPR), under which it is obligated to respect the rights of individuals deprived of their liberty. Article 9 of the ICCPR prohibits arbitrary detention, and Article 17 prohibits arbitrary or unlawful interference with the person.
In the context of detainees in Gaza, Article 17 is relevant because:
- The confiscation of personal property, especially when not returned, can constitute arbitrary interference with privacy and home, particularly if belongings such as phones, documents, or personal correspondence are taken.
- The lack of legal transparency and absence of procedures violates the obligation that such interferences must be lawful and non-arbitrary.
- Failure to provide legal remedy or return of property deprives individuals of their right to legal protection under Article 17(2).
This article underscores the right to dignity and personal security, even during detention or armed conflict, which Israel, as a party to the ICCPR, is obligated to uphold.
Furthermore, according to Customary International Humanitarian Law, particularly Rule 52, pillage is explicitly prohibited. The Israeli military’s practice of withholding these items without legal justification, oversight, or public accountability constitutes a violation of these customary norms.
Justice For All Canada joins the calls of Israeli legal advocates and civil society, demanding that the Israeli military immediately release the relevant operational orders, comply with freedom of information laws, and restore all unlawfully confiscated property to Palestinian civilians. The Israeli military must be held accountable under international law and should not be allowed to act with impunity in its treatment of occupied and detained populations.
“As a Canadian human rights organization committed to defending oppressed populations, we urge the Government of Canada and United Nations to take urgent steps to investigate and hold Israel accountable for these alleged violations of international humanitarian and human rights law,” says Taha Ghayyur, executive director, Justice For All, Canada.
Justice For All Canada will continue to advocate for the dignity, rights, and safety of Palestinians facing systemic abuses under occupation and military aggression.
[1] https://www.haaretz.com/middle-east-news/palestinians/2025-04-15/ty-article/.premium/idf-admits-holding-onto-confiscated-cash-property-of-gazans-freed-from-israeli-detainment/00000196-3556-dc5b-af96-7df7e7a30000