RIGHTS OF PRISONERS UNDER THE INTERNATIONAL HUMANITARIAN LAW: A CASE STUDY OF THE PALESTINIAN PRISONERS IN ISRAELI PRISON

Abstract

The Israeli occupation of Palestine has triggered several forms of Palestinian resistance, resulting in the detainment of Palestinians through Israel systematic policies which destroy the will of the Palestinians. This has made the issue of prisoners one of the most important concerns that the Palestinians continue to endure in their daily lives. Therefore, this study aims to clarify the role of international humanitarian law (IHL) in protecting prisoners. It also discusses the rights granted to prisoners by international treaties and conventions and Israel’s application of the rules of IHL to Palestinian prisoners. This research is based on doctrinal and qualitative methods using the sources of IHL about prisoners’ rights. This study also discusses the violations committed by the Israeli occupation against Palestinian prisoners, which are the inhuman treatment they are subjected to, and the passage of a group of laws that violate the rights of Palestinian prisoners. The study concludes that Israel denies Palestinians the rights as prisoners of war, describing them as illegal combatants, and claims that the convention does not apply to the occupied Palestinian territories although IHL under the Geneva Convention includes members of the resistance and organised armed forces. As a result, prisoners from the Palestinian resistance can be considered prisoners of war.