The Israeli Occupation Withholding of the Palestinian Martyrs' Corpses: Assessment from International Law Perspectives رسالة ماجستير

Abstract

This thesis examines the Israeli practice of withholding the corpses of Palestinian martyrs, identifying it as a significant violation of international legal standards and a form of collective punishment expressly forbidden under International Law. Through a comprehensive legal analysis, the thesis evaluates Israel’s policy regarding the retention of Palestinian corpses and its alignment with international legal obligations while exploring the broader humanitarian and political ramifications of such actions. Key legal principles examined include the prohibition of cruel, inhuman, and degrading treatment, the dignity rights of the deceased and their families, and obligations for the proper treatment, identification, and repatriation of human remains. Utilizing a qualitative legal methodology encompassing doctrinal analysis, case law, international treaties, and testimonies, it also assesses Israel's actions as an occupying power within applicable legal frameworks. The findings reveal that the practice of withholding Palestinian corpses constitutes a severe breach of international law, introducing the concept of "Arbitrary Withholding"—a novel legal term paralleling "Arbitrary Detention." This scientific work also identifies violations of international criminal law, such as enforced disappearance, and unauthorized post-mortem practices such as organ trafficking and organ theft. In response to these identified violations, the thesis proposes a range of legal and policy recommendations aimed at activating international accountability mechanisms, including potential proceedings before the International Criminal Court (ICC) and United Nations human rights bodies. It advocates for diplomatic and legal initiatives to enhance adherence to existing legal norms and calls for the formal recognition of "Arbitrary Withholding" in international legal discourse. Moreover, it emphasizes the need for legal remedies and reparative measures for bereaved families, encompassing psychological support, improved documentation, and access to judicial recourse