Israel’s Unlawful Combatants Law and the Detention of Palestinians: A Human Rights Dilemma

Over 1,000 Palestinians from Gaza are currently held in Israeli prisons without charge or trial under Israel’s unlawful combatants law, a policy that has drawn sharp criticism from human rights organizations. The law, which allows indefinite detention based on secret evidence, is defended by Israeli authorities as a necessary security measure but condemned as a violation of international law by detainees’ families and advocacy groups.

The Legal Framework and Its Controversies

Under Israel’s unlawful combatants law, individuals suspected of involvement with non-state armed groups—such as Hamas—are detained without formal charges. Unlike combatants who cross into Israel during active conflicts, those classified as “unlawful combatants” face no trial and are held indefinitely, with judicial review every six months. The process relies on secret evidence, preventing detainees from challenging the basis of their detention.

Israeli human rights lawyer Daniel Shneer notes the lack of transparency: “The judge sees secret evidence after the first judicial review, and he doesn’t give any information away to the detainee. So nobody knows what exactly is the basis of their holding in prison.” This opacity has left many families in legal limbo, with no clarity on their loved ones’ status or release prospects.

Human Rights Concerns and Unanswered Questions

Human rights groups, including Amnesty International and Human Rights Watch, have raised alarms over the law’s application. Nadia Daqqa, a lawyer representing dozens of detainees, describes the process as “a pretext to keeping them detained without any charge, with their detention extended every six months.” She highlights that many detainees are not combatants but civilians, including doctors, teachers, and aid workers, who were arrested while fleeing conflict zones.

The United Nations has documented at least 93 Palestinian deaths in Israeli detention facilities since October 2023, with 65 of those classified as unlawful combatants. Daqqa alleges that some deaths are linked to “starvation and inhumane treatment,” though the Israeli prison service denies these claims. “The cause of the deaths remains unclear because in many cases, there is no investigation,” she says.

Legal Justifications and International Perspectives

Israeli officials and legal experts defend the law as a necessary tool during active conflicts. Pnina Sharvit Baruch, a former senior Israeli military prosecutor, argues that the law aligns with international humanitarian law, which permits detaining members of non-state armed groups. “If you can kill them, clearly you can detain them instead of killing them,” she states, referencing the International Committee of the Red Cross (ICRC) guidelines.

However, critics point to the law’s roots in U.S. Post-9/11 policies. Shneer notes, “It’s not a new law. And unfortunately, it is based on an American precedent that was set by the then-Bush administration.” This comparison has sparked debates about the normalization of indefinite detention without trial.

Impact on Families and the Broader Conflict

For families of detainees, the uncertainty is a source of profound anguish. Dr. Hussam Abu Safiya, a Gaza hospital director arrested in December 2024, remains in custody despite no charges. His son, Ilyas, describes the emotional toll: “We’re not just counting the days. We’re counting the fear, the grief, the anxiety and the care.” Similar stories underscore the human cost of the policy, with many families left without answers or closure.

The issue also reflects broader tensions in the Israel-Palestine conflict. While Israel emphasizes security needs, international bodies and advocacy groups continue to call for accountability. The lack of Red Cross access to detention facilities further complicates efforts to assess conditions, leaving critical questions about detainees’ treatment unaddressed.

Looking Ahead

As the conflict in Gaza continues, the fate of unlawful combatants remains a contentious issue. Advocacy groups urge Israel to align its practices with international human rights standards, while Israeli authorities maintain that the law is essential for preventing attacks. With no clear resolution in sight, the plight of detainees and their families highlights the enduring challenges of balancing security and justice in times of war.