Condemnation of the Disappearances of Palestinians in Israeli Military Custody
January 9th, 2025
Justice For All Canada is deeply alarmed by the credible reports of disappearance of a significant number of Palestinians in Gaza who were last seen in the custody of the Israeli Defense Forces (IDF). Despite the Israeli military's assertions that it has "no information" on their whereabouts, compelling evidence indicates that many were detained by Israeli forces. These individuals are either being held in undisclosed locations or have faced tragic fates.
These disappearances have been widely reported in Israeli and international media. This alarming situation underscores a systemic lack of accountability within the Israeli military, amounting to collective punishment of the Palestinian people and psychological torture for their families. The refusal to provide information to families or to allow access to detention facilities by the International Committee of the Red Cross (ICRC) constitutes a grave violation of international law.
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.
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 anyone 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."
Since October 7, several Israeli and international human rights organizations, including Justice For All, have consistently denounced the unlawful detention and egregious treatment of Palestinian prisoners. Justice For All, Canada 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.
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, and this 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:
Customary International Humanitarian Law
Israel is legally bound by the aforementioned treaties and customary international laws, as it is a signatory to the Geneva Conventions, has ratified the ICCPR, and is a party to the Convention Against Torture.
"The ongoing disappearances and illegal detention of Gazans, coupled with the denial of information to families, represent a clear violation of human dignity and international law," says Taha Ghayyur, Executive Director of Justice For All, Canada. "Justice For All will continue to advocate for the rights of the Palestinian people and call for justice and accountability for these heinous acts," he adds.
Justice For All's Recommendations for Canadian Government Action
1. Demand Immediate Disclosure of Information
These steps are essential to uphold Canada’s commitment to human rights, international law, and the dignity of all peoples.
1. Gazans Disappear in Israeli Military Custody. The Army Claims It Doesn't Know Where They Are - Israel News - Haaretz.com
2. https://apnews.com/article/israel-gaza-hamas-war-missing-military-court-f5a8633d750e496e1fe91dd07fa71a4f
3. Rape and Torture in the Sde Teiman Israeli Prison and Military Facility - Justice for All Canada;Reflecting on Palestinian Prisoners on the International Day in Support of Victims of Torture - Justice for All Canada; Justice For All Canada Condemns Israel for Human Rights Violations at Sde Teiman Detention Facility and Associated Hospital - Justice for All Canada; Rape and Torture in the Sde Teiman Israeli Prison and Military Facility - Justice for All Canada;REPORT: Addressing Mass Incarceration, Ill-Treatment, and Weaponization of Emergency Prison Law for Palestinian Prisoners - Justice for All Canada
4. interactive encyclopedia of the palestine question – palquest | incarceration of unlawful combatants law
Justice For All Canada is deeply alarmed by the credible reports of disappearance of a significant number of Palestinians in Gaza who were last seen in the custody of the Israeli Defense Forces (IDF). Despite the Israeli military's assertions that it has "no information" on their whereabouts, compelling evidence indicates that many were detained by Israeli forces. These individuals are either being held in undisclosed locations or have faced tragic fates.
These disappearances have been widely reported in Israeli and international media. This alarming situation underscores a systemic lack of accountability within the Israeli military, amounting to collective punishment of the Palestinian people and psychological torture for their families. The refusal to provide information to families or to allow access to detention facilities by the International Committee of the Red Cross (ICRC) constitutes a grave violation of international law.
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.
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 anyone 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."
Since October 7, several Israeli and international human rights organizations, including Justice For All, have consistently denounced the unlawful detention and egregious treatment of Palestinian prisoners. Justice For All, Canada 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.
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, and this 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:
Customary International Humanitarian Law
- Prohibits enforced disappearances and mandates the protection of civilians during armed conflict.
- 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 ICRC access to detainees, which has been denied in many cases.
- Article 9: Protects against arbitrary detention and ensures access to legal counsel and judicial review.
- Article 10: Mandates humane treatment of detainees, which is systematically violated.
- Prohibits all forms of torture and degrading treatment, emphasizing transparency in detention practices.
Israel is legally bound by the aforementioned treaties and customary international laws, as it is a signatory to the Geneva Conventions, has ratified the ICCPR, and is a party to the Convention Against Torture.
"The ongoing disappearances and illegal detention of Gazans, coupled with the denial of information to families, represent a clear violation of human dignity and international law," says Taha Ghayyur, Executive Director of Justice For All, Canada. "Justice For All will continue to advocate for the rights of the Palestinian people and call for justice and accountability for these heinous acts," he adds.
Justice For All's Recommendations for Canadian Government Action
1. Demand Immediate Disclosure of Information
- Urge Israel to disclose the status and whereabouts of all Gazans detained by its military and call for immediate ICRC access to detainees.
- Press Israel to adhere to its obligations under the Fourth Geneva Convention and other binding legal frameworks.
- Advocate for international investigations into enforced disappearances and violations of detainee rights, ensuring accountability under international law.
- Strongly condemn Israel's collective punishment practices and pressure for their immediate cessation.
- Canada 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 Canada’s commitment to human rights, international law, and the dignity of all peoples.
1. Gazans Disappear in Israeli Military Custody. The Army Claims It Doesn't Know Where They Are - Israel News - Haaretz.com
2. https://apnews.com/article/israel-gaza-hamas-war-missing-military-court-f5a8633d750e496e1fe91dd07fa71a4f
3. Rape and Torture in the Sde Teiman Israeli Prison and Military Facility - Justice for All Canada;Reflecting on Palestinian Prisoners on the International Day in Support of Victims of Torture - Justice for All Canada; Justice For All Canada Condemns Israel for Human Rights Violations at Sde Teiman Detention Facility and Associated Hospital - Justice for All Canada; Rape and Torture in the Sde Teiman Israeli Prison and Military Facility - Justice for All Canada;REPORT: Addressing Mass Incarceration, Ill-Treatment, and Weaponization of Emergency Prison Law for Palestinian Prisoners - Justice for All Canada
4. interactive encyclopedia of the palestine question – palquest | incarceration of unlawful combatants law