Palestinian detainees are protected persons, not prisoners of war

Prisoners of war, as defined by the Third Geneva Convention, are combatants who actively participate in hostilities. In contrast, protected persons are civilians who find themselves under the control of a party to the conflict or an occupying power of which they are not nationals.

This distinction is critical, as it determines the legal protections they are entitled to under international humanitarian law.

According to Article 4 of the Fourth Geneva Convention, civilians may only be detained under strict conditions, such as posing an imperative security threat to the occupying power. This provision was designed to prevent arbitrary detention and ensure due process.

Labelling Palestinian civilians as prisoners of war not only mischaracterises their legal status but also undermines the protections they are afforded under international law.

One of the most glaring violations of these protections is Israel’s widespread use of administrative detention, which allows the imprisonment of individuals without charge or trial. This practice, justified under vague security pretexts, directly contravenes the Fourth Geneva Convention. Detainees are often held for extended periods based on secret evidence that neither they nor their legal representatives are allowed to review.

The lack of due process denies them the right to a fair trial and creates an environment of legal uncertainty and fear.

Another major concern is the unfair trial system in Israeli military courts, where conviction rates for Palestinians are strikingly high. These courts do not meet international fair trial standards, as they often rely on coerced confessions, secret evidence, and military judges who are not independent from the occupying power.

The legal framework governing these trials is heavily biased against Palestinian detainees, reinforcing the systemic oppression that defines their experience under occupation.

Reports of torture and inhumane treatment further highlight the violations faced by Palestinian detainees. Organisations such as Amnesty International and Human Rights Watch have documented cases of physical abuse, prolonged solitary confinement, psychological pressure, and denial of medical care.

Detainees, including children, have recounted experiences of being blindfolded, beaten, and subjected to stress positions for hours. These acts violate both the Convention Against Torture and the Fourth Geneva Convention, yet they persist with impunity.

The detention of children is another egregious violation of international law. Hundreds of Palestinian minors are detained each year, often taken from their homes in nighttime raids and subjected to harsh interrogations without the presence of a guardian or legal counsel.

The mistreatment of child detainees, including the use of excessive force and intimidation, contravenes the UN Convention on the Rights of the Child, which mandates that the detention of children should be used only as a last resort and for the shortest appropriate period.

Instead, Palestinian children are frequently tried in military courts and given harsh sentences, further entrenching the cycle of oppression.

Since 7 October 2023, the International Committee of the Red Cross (ICRC) has faced significant challenges in accessing Palestinian detainees, severely limiting its ability to monitor detention conditions and ensure compliance with humanitarian standards.

The inability of neutral organisations to oversee the treatment of detainees raises serious concerns about their welfare and the extent of violations taking place behind closed doors.

Palestinians detained without charge or trial in Gaza and the West Bank continue to endure degrading treatment, often in overcrowded facilities with inadequate food, water, and medical services.

Former detainees have reported being denied family visits and access to legal representation, creating a system where arbitrary detention becomes the norm rather than the exception. These practices reveal a pattern of disregard for the legal rights of detainees and a broader strategy of subjugation under occupation.

Protected persons are entitled to protection, not persecution.

Their mistreatment as detainees reflects the systemic injustices of the occupation, which denies Palestinians their basic rights and dignity. The international community has a legal and moral obligation to ensure that the rights of Palestinian detainees are upheld in accordance with international humanitarian law.

Silence and inaction only enable further violations, reinforcing a system that treats civilians as enemies rather than as individuals entitled to legal protections.