Israel has faced criticism for its treatment of Palestinians who have been released under a truce with Hamas, with the country being accused of holding them as “terrorists” without formal charges. As celebrations were banned by Israel during the release of Palestinian prisoners, National Security Minister Itamar Ben-Gvir stated that expressing joy is equivalent to supporting terrorism. However, it has been revealed that nearly 80 percent of the 300 Palestinian women and children identified for potential release were not formally charged. This raises concerns about Israel’s use of administrative detention, where Palestinians can be held indefinitely without charge or trial.
The majority of Palestinian prisoners, particularly children, are tried in military courts, which have been criticized for depriving Palestinians of defense lawyers and due process. In contrast, Israeli citizens are tried in civil courts, highlighting a two-tier justice system that discriminates against Palestinians. The release list by Israel showed that most of the Palestinians were held as administrative detainees, with an overwhelming majority being children. The prisoners have been associated with various Palestinian political or armed groups, including Hamas and Fatah.
The practice of administrative detention allows Israel to hold prisoners indefinitely without disclosing charges or evidence. It is estimated that Israel has arrested approximately one million Palestinians since occupying East Jerusalem, the Gaza Strip, and the West Bank in 1967. The recent war between Israel and Hamas has further intensified the situation, with Israel doubling the number of Palestinians in custody. The conflict has resulted in a substantial loss of life, with Hamas fighters killing at least 1,200 people and Israel’s subsequent assault on Gaza resulting in the deaths of nearly 15,000 people, mostly women and children.
Despite the establishment of the Palestinian Authority (PA) under the Oslo Accords, Israel still maintains control over a majority of the West Bank and allows the construction of illegal settlements on Palestinian lands. The PA has been criticized for its security coordination with Israel, which requires sharing information about armed Palestinian groups. Palestinians in the occupied territories can fall under the jurisdiction of Israel’s military courts if they are accused of endangering Israeli security. This has led to concerns about the discriminatory nature of the two legal systems, with Israeli settlers tried in civilian courts while Palestinians face military courts.
Reports of abuse and mistreatment of Palestinian prisoners have been prevalent for years, with testimonies revealing a pattern of beatings, torture, and humiliation. During the recent war, rights groups reported that the Israeli Prison Service restricted essential resources such as water, food, medical care, and family visits. This has further exacerbated the already overcrowded conditions in prisons. Children have also been subjected to abuses, with Save the Children reporting that 86 percent of children in Israeli detention are beaten, 69 percent are strip-searched, and 42 percent are injured during their arrests. Palestinian children are the only children in the world systematically prosecuted in military courts, with an estimated 10,000 having been held in the Israeli military detention system over the past 20 years.
The treatment of Palestinian prisoners and Israel’s use of administrative detention have raised concerns about human rights abuses and discrimination. The situation highlights the ongoing conflict and tensions between Israel and Palestine, as well as the need for international attention and intervention to address the issue.
