14 nov 2017
Israeli Public Security Minister Gilad Erdan is proposing a new law that would allow Israeli police to hold bodies of Palestinians killed by Israel until families of the deceased agree to police-imposed restrictions on funeral arrangements.
Erdan’s move comes in the wake of a precedent-setting ruling the Israeli Supreme Court made this past July on a petition filed by Adalah – The Legal Center for Arab Minority Rights in Israel that the Israeli police has no legal authority to hold bodies or condition their return upon a family’s agreement to funeral restrictions.
Adalah issued a statement today, 13 November 2017, in response to Erdan’s proposed law:
“The holding of bodies and prevention of immediate burial is a violation of both Israeli and international law. The Israeli Supreme Court ruled in a precedent-setting decision four months ago that the holding of bodies and conditioning their return constitute a severe insult to human dignity.
“The United Nations Committee Against Torture has ruled that Israel is forbidden to hold and negotiate the terms of the return of bodies of Palestinians. There is nothing in constitutional or human rights law anywhere in the world that resembles Erdan’s proposed legislation.
“The only circumstances in which it is permitted to hold bodies is when the conditions of ongoing warfare do not permit their safe transfer.
However, states are obligated to immediately return the bodies of casualties the moment a cease-fire goes into effect.
Minister Erdan’s proposed law politicizes a humanitarian issue, and Adalah calls on Israeli Attorney General Avichai Mandelblit to vigorously oppose this bill.”
Erdan’s move comes in the wake of a precedent-setting ruling the Israeli Supreme Court made this past July on a petition filed by Adalah – The Legal Center for Arab Minority Rights in Israel that the Israeli police has no legal authority to hold bodies or condition their return upon a family’s agreement to funeral restrictions.
Adalah issued a statement today, 13 November 2017, in response to Erdan’s proposed law:
“The holding of bodies and prevention of immediate burial is a violation of both Israeli and international law. The Israeli Supreme Court ruled in a precedent-setting decision four months ago that the holding of bodies and conditioning their return constitute a severe insult to human dignity.
“The United Nations Committee Against Torture has ruled that Israel is forbidden to hold and negotiate the terms of the return of bodies of Palestinians. There is nothing in constitutional or human rights law anywhere in the world that resembles Erdan’s proposed legislation.
“The only circumstances in which it is permitted to hold bodies is when the conditions of ongoing warfare do not permit their safe transfer.
However, states are obligated to immediately return the bodies of casualties the moment a cease-fire goes into effect.
Minister Erdan’s proposed law politicizes a humanitarian issue, and Adalah calls on Israeli Attorney General Avichai Mandelblit to vigorously oppose this bill.”
12 nov 2017
Israel’s Public Security Minister Gilad Erdan is set to propose a law that will allow police not to return the bodies of slain Palestinians to their families.
According to Hebrew news sources, the law would allow Israeli police to rule against returning bodies of anti-occupation attackers to their families if the funeral is likely to turn into a mass demonstration, or “if incitement against Israelis will be featured.”
Commenting on the proposal, Erdan claimed that funerals for anti-occupation protesters have turned into “festivals of incitement” that promote further attacks.
Erdan added that Palestinians whose bodies have been withheld by the Israeli authorities will be buried only if families adhere to the conditions set by police.
The Israeli occupation authorities have withheld the bodies of dozens of Palestinian protesters killed by the Israeli forces following alleged anti-occupation attacks. Their families have also been made to endure tough punitive measures.
Ironically, the new law would allow Israeli police to decide if families could be trusted not to turn funerals into riots.
According to Hebrew news sources, the law would allow Israeli police to rule against returning bodies of anti-occupation attackers to their families if the funeral is likely to turn into a mass demonstration, or “if incitement against Israelis will be featured.”
Commenting on the proposal, Erdan claimed that funerals for anti-occupation protesters have turned into “festivals of incitement” that promote further attacks.
Erdan added that Palestinians whose bodies have been withheld by the Israeli authorities will be buried only if families adhere to the conditions set by police.
The Israeli occupation authorities have withheld the bodies of dozens of Palestinian protesters killed by the Israeli forces following alleged anti-occupation attacks. Their families have also been made to endure tough punitive measures.
Ironically, the new law would allow Israeli police to decide if families could be trusted not to turn funerals into riots.
9 nov 2017
by Jaclynn Ashly, Al Jazeera/Days of Palestine
Human rights groups have condemned an Israeli decision to withhold bodies of five Palestinians who were killed in an Israeli attack on a tunnel dug under the Gaza-Israel border, last week.
Israeli authorities announced, on Sunday, that the army had uncovered the bodies of the five men – identified by Islamic Jihad as Alaa Abu Ghorab, Shadi al-Hamri, Bader Musabah, Ahmad al-Sabakhi and Mohammad al-Buhaisi – who were missing since last week, when Israel blew up a tunnel on the Gaza-Israel border, killing 12 Palestinians.
Initially, the five were believed to still be alive. However, rescue teams in Gaza were prevented by the Israeli army from carrying out a search campaign until advances were made for the return of missing Israelis held by Hamas – most notably Israeli soldiers Hadar Goldin and Oron Shaul, who are believed to have been killed during Israel’s offensive on the besieged enclave in 2014.
After Islamic Jihad declared that the missing five were dead, Israel discovered their bodies and announced that their remains would be withheld from the families.
Rights groups Adalah and the Al-Mezan Center for Human Rights released a joint statement on Sunday night, saying that the families of the Islamic Jihad members still “maintain their right to demand the return of the bodies of their relatives for burial”.
Israel’s policy of holding bodies “contradicts the principles of international law,” the groups stated. “Bodies of individuals who are killed during situations of conflict must be returned to their families for burial with dignity”.
‘Collective punishment’
According to Palestinian human rights group al-Haq, Israel has held more than 161 slain Palestinians from their families since 2015, nine of whom continue to be held. After the confiscation of the remains of the Islamic Jihad members, this number has increased to 14.
In addition, hundreds of Palestinians are believed to be buried in Israel’s “cemetery of numbers” – graves in Israel marked only by numbers.
In September four bodies held by Israel were buried there, despite an ongoing appeal in the Israeli Supreme Court demanding that Israel release the bodies.
Israel withholds the bodies of slain Palestinians in order to use as bargaining chips in future negotiations with Palestinian leaders.
Jonathan Conricus, the Lieutenant Colonel of the Israeli army, told Al Jazeera that despite Israel being “prepared” for a conflict, “we do not aspire to escalate the situation. We want to preserve stability for the Israeli population and for those in Gaza”.
Conricus added that there was “no direct relationship” between holding the bodies of the slain Islamic Jihad members and the army’s purported aim of preserving peace.
However, senior Islamic Jihad member Ahmed al-Mudallal feels differently, telling Al Jazeera that the group is “considering its options” against Israel. “We will not accept Israel’s blackmail”, he said, and vowed to use any means necessary to ensure the return of the bodies.
He added that Israel “would not be holding the bodies for long”.
“Israel fully understands the importance of burial rituals in Palestinian societies, whether it be for Christians or Muslims,” Dawoud Yusef, advocacy coordinator for prisoners’ rights group Addameer, told Al Jazeera.
Israel’s policy of holding slain Palestinian bodies “seeks to punish the families of those engaged in any resistance activities,” he said. “It doesn’t matter what these people were doing, the families still have the right to give them a burial”.
He added that the group considers Israel’s policy a form of “collective punishment” and a serious violation of international law.
Human rights groups have condemned an Israeli decision to withhold bodies of five Palestinians who were killed in an Israeli attack on a tunnel dug under the Gaza-Israel border, last week.
Israeli authorities announced, on Sunday, that the army had uncovered the bodies of the five men – identified by Islamic Jihad as Alaa Abu Ghorab, Shadi al-Hamri, Bader Musabah, Ahmad al-Sabakhi and Mohammad al-Buhaisi – who were missing since last week, when Israel blew up a tunnel on the Gaza-Israel border, killing 12 Palestinians.
Initially, the five were believed to still be alive. However, rescue teams in Gaza were prevented by the Israeli army from carrying out a search campaign until advances were made for the return of missing Israelis held by Hamas – most notably Israeli soldiers Hadar Goldin and Oron Shaul, who are believed to have been killed during Israel’s offensive on the besieged enclave in 2014.
After Islamic Jihad declared that the missing five were dead, Israel discovered their bodies and announced that their remains would be withheld from the families.
Rights groups Adalah and the Al-Mezan Center for Human Rights released a joint statement on Sunday night, saying that the families of the Islamic Jihad members still “maintain their right to demand the return of the bodies of their relatives for burial”.
Israel’s policy of holding bodies “contradicts the principles of international law,” the groups stated. “Bodies of individuals who are killed during situations of conflict must be returned to their families for burial with dignity”.
‘Collective punishment’
According to Palestinian human rights group al-Haq, Israel has held more than 161 slain Palestinians from their families since 2015, nine of whom continue to be held. After the confiscation of the remains of the Islamic Jihad members, this number has increased to 14.
In addition, hundreds of Palestinians are believed to be buried in Israel’s “cemetery of numbers” – graves in Israel marked only by numbers.
In September four bodies held by Israel were buried there, despite an ongoing appeal in the Israeli Supreme Court demanding that Israel release the bodies.
Israel withholds the bodies of slain Palestinians in order to use as bargaining chips in future negotiations with Palestinian leaders.
Jonathan Conricus, the Lieutenant Colonel of the Israeli army, told Al Jazeera that despite Israel being “prepared” for a conflict, “we do not aspire to escalate the situation. We want to preserve stability for the Israeli population and for those in Gaza”.
Conricus added that there was “no direct relationship” between holding the bodies of the slain Islamic Jihad members and the army’s purported aim of preserving peace.
However, senior Islamic Jihad member Ahmed al-Mudallal feels differently, telling Al Jazeera that the group is “considering its options” against Israel. “We will not accept Israel’s blackmail”, he said, and vowed to use any means necessary to ensure the return of the bodies.
He added that Israel “would not be holding the bodies for long”.
“Israel fully understands the importance of burial rituals in Palestinian societies, whether it be for Christians or Muslims,” Dawoud Yusef, advocacy coordinator for prisoners’ rights group Addameer, told Al Jazeera.
Israel’s policy of holding slain Palestinian bodies “seeks to punish the families of those engaged in any resistance activities,” he said. “It doesn’t matter what these people were doing, the families still have the right to give them a burial”.
He added that the group considers Israel’s policy a form of “collective punishment” and a serious violation of international law.
5 nov 2017
Islamic Resistance Movement, Hamas, on Sunday described Israel's holding of Palestinian martyrs' bodies as a "desperate attempt to impose new rules on the Palestinian resistance movements".
Hamas's spokesman Fawzi Barhoum said in a statement that the Palestinian resistance will spare no means to fight the occupation and defend the Palestinian people.
Hebrew media sources reported on Sunday that the Israeli army is holding the bodies of five Islamic Jihad martyrs who were killed in the army's bombing of a resistance tunnel east of Khan Younis in the southern Gaza Strip.
Barhoum stressed that the resistance that was able to liberate "its heroes" from the Israeli jails in the Wafa al-Ahrar deal is also capable of recovering the bodies of these martyrs.
Al-Quds Brigades, the armed wing of the Islamic Jihad Movement, has announced earlier that the bodies of five of its militants are still missing after five days of continuous search operations.
The Israeli army has rejected repeated requests by the Red Cross organization to allow rescue teams to search for the bodies beyond the borderline between Gaza and the 1948 occupied Palestine.
Hamas's spokesman Fawzi Barhoum said in a statement that the Palestinian resistance will spare no means to fight the occupation and defend the Palestinian people.
Hebrew media sources reported on Sunday that the Israeli army is holding the bodies of five Islamic Jihad martyrs who were killed in the army's bombing of a resistance tunnel east of Khan Younis in the southern Gaza Strip.
Barhoum stressed that the resistance that was able to liberate "its heroes" from the Israeli jails in the Wafa al-Ahrar deal is also capable of recovering the bodies of these martyrs.
Al-Quds Brigades, the armed wing of the Islamic Jihad Movement, has announced earlier that the bodies of five of its militants are still missing after five days of continuous search operations.
The Israeli army has rejected repeated requests by the Red Cross organization to allow rescue teams to search for the bodies beyond the borderline between Gaza and the 1948 occupied Palestine.
The Israeli occupation army on Sunday evening said that it has retrieved the bodies of five Islamic Jihad members who were killed in the bombing of a Gaza resistance tunnel last week, Hebrew media sources reported.
Al-Quds Brigades, the armed wing of the Islamic Jihad Movement, has announced earlier that the bodies of five of its militants are still missing after five days of continuous search.
The Israeli army has rejected repeated requests by the Red Cross organization to allow rescue teams to search for the bodies in areas closer to the border between Gaza and the 1948 occupied Palestine.
Seven other Palestinians, including five members of al-Quds Brigades and two members of al-Qassam Brigades' elite naval unit, were killed while trying to rescue the five fighters who remained under the rubble of the bombed tunnel.
In an initial comment, al-Quds Brigades vowed to recover the bodies of the martyrs saying, "The occupation will not be able to bargain over our fighters."
Hamas's spokesman Hazem Kasem said in statements on his Facebook page that this is a new crime added to Israel's record of crimes against the Palestinian people.
Kasem stressed that Hamas will continue to develop its capabilities to defend the Palestinian people and achieve their dreams of freedom and return.
Al-Quds Brigades, the armed wing of the Islamic Jihad Movement, has announced earlier that the bodies of five of its militants are still missing after five days of continuous search.
The Israeli army has rejected repeated requests by the Red Cross organization to allow rescue teams to search for the bodies in areas closer to the border between Gaza and the 1948 occupied Palestine.
Seven other Palestinians, including five members of al-Quds Brigades and two members of al-Qassam Brigades' elite naval unit, were killed while trying to rescue the five fighters who remained under the rubble of the bombed tunnel.
In an initial comment, al-Quds Brigades vowed to recover the bodies of the martyrs saying, "The occupation will not be able to bargain over our fighters."
Hamas's spokesman Hazem Kasem said in statements on his Facebook page that this is a new crime added to Israel's record of crimes against the Palestinian people.
Kasem stressed that Hamas will continue to develop its capabilities to defend the Palestinian people and achieve their dreams of freedom and return.
3 nov 2017
Israeli Occupation Forces (IOF) on Friday evening handed over the body of the Palestinian martyr Mohammad Mousa, 27, at the northern entrance to Salfit city in the northern West Bank.
IOF soldiers murdered Mousa last Tuesday while he was passing by his private car through a road near Halamish settlement, which is illegally established over Nabi Saleh town land near Ramallah. His sister was also shot and injured in the same attack.
Hundreds of Palestinians took part in the handing over process. The slain youth was taken to Salfit government hospital in order to undergo medical examinations before his burial.
IOF soldiers murdered Mousa last Tuesday while he was passing by his private car through a road near Halamish settlement, which is illegally established over Nabi Saleh town land near Ramallah. His sister was also shot and injured in the same attack.
Hundreds of Palestinians took part in the handing over process. The slain youth was taken to Salfit government hospital in order to undergo medical examinations before his burial.
1 oct 2017
The bodies of 10 Palestinians killed by the Israeli occupation forces over the past couple of years are still withheld by the Israeli authorities.
The ten Palestinians were killed by the occupation forces during the Jerusalem anti-occupation intifada (uprising), which started in early October 2015.
The list of casualties whose bodies have not been released by the occupation authorities includes 16-year-old Mohamed al-Tarayra, shot dead on June 30, 2016; 18-year-old Adel Ankoush, killed on June 16, 2017; and Nimer al-Jamal, killed on September 26, 2017.
The Israeli prosecution said it had buried four Palestinians killed during the same period in the Cemetery of Numbers.
In early January, the Israeli cabinet ruled that the bodies of slain Hamas affiliates be not handed over to their families and be buried in the Cemetery of Numbers.
The ten Palestinians were killed by the occupation forces during the Jerusalem anti-occupation intifada (uprising), which started in early October 2015.
The list of casualties whose bodies have not been released by the occupation authorities includes 16-year-old Mohamed al-Tarayra, shot dead on June 30, 2016; 18-year-old Adel Ankoush, killed on June 16, 2017; and Nimer al-Jamal, killed on September 26, 2017.
The Israeli prosecution said it had buried four Palestinians killed during the same period in the Cemetery of Numbers.
In early January, the Israeli cabinet ruled that the bodies of slain Hamas affiliates be not handed over to their families and be buried in the Cemetery of Numbers.
26 sept 2017
The Israeli state has decided not to bury the bodies of three Palestinians in Israel’s so-called “cemeteries of numbers,” though the Israeli Supreme Court has postponed ruling on a petition filed by the families of the slain men to have the bodies released for proper burial, according to Muhammed Mahmoud, an attorney from the Palestinian Committee of Prisoners’ Affairs representing the families.
Ma’an reports that the Israeli state prosecution’s decision came in response to an urgent appeal submitted to the court last week, by Mahmoud, on behalf of the families of Adel Ankoush, 18, Baraa Saleh, 18, and Osama Atta, 19 — all from the central occupied West Bank town of Deir Abu Mashaal — that demanded their sons’ remains be handed over.
Israel has detained their bodies since the three were shot dead after carrying out a stabbing and shooting attack that left an Israeli police officer dead outside of Jerusalem’s Old City on June 16.
Human rights organizations have widely condemned Israel’s policy of withholding Palestinian bodies, with prisoners’ rights group Addameer calling it a form of “collective punishment” against Palestinians who had not been accused of any wrongdoing, also noting that it “adds to the severe grief and trauma of families of the deceased.”
Furthermore, the three families in Deir Abu Mashaal have had their homes punitively demolished and blown up, leaving a total of 22 people homeless despite having not having been charged with any wrongdoing.
The petition submitted by Mahmoud over the three bodies came amid an ongoing petition submitted to the Israeli Supreme Court calling for the release of the bodies of nine slain Palestinians, which also included the remains of Ankoush, Salah, and Atta.
Despite the fact that the court has yet to reach a decision on the case, the Israeli state announced earlier this month that the bodies of four of the Palestinians included in that appeal have already been buried in cemeteries of numbers — mass graves comprised of marked and unmarked plots of mostly Palestinians killed by Israeli forces over the past 60 years.
The appeals came after Israel’s Minister of Public Security Gilad Erdan requested that withheld Palestinian bodies be buried in the cemetery of numbers, to be used as a bargaining chip with Hamas to secure the return of Israeli soldiers believed to be held in the Gaza Strip.
In addition to Israel’s hope that the bodies can be used as bargaining chips, Israeli authorities have also claimed that the policy of withholding remains is an attempt to avoid “incitement” during funerals of Palestinians killed by Israeli forces in the occupied territory. When bodies are returned, Israel imposes strict conditions on funerals.
Palestinian leaders have expressed their lack of hope in the Israeli Supreme Court to provide justice on the case. At a recent demonstration in Bethlehem, head of the Palestinian Committee of Prisoners’ Affairs Issa Qaraqe denounced the judiciary as “unjust, biased, and nothing more than a tool serving the occupation’s racist and extremist authorities.”
Ma’an reports that the Israeli state prosecution’s decision came in response to an urgent appeal submitted to the court last week, by Mahmoud, on behalf of the families of Adel Ankoush, 18, Baraa Saleh, 18, and Osama Atta, 19 — all from the central occupied West Bank town of Deir Abu Mashaal — that demanded their sons’ remains be handed over.
Israel has detained their bodies since the three were shot dead after carrying out a stabbing and shooting attack that left an Israeli police officer dead outside of Jerusalem’s Old City on June 16.
Human rights organizations have widely condemned Israel’s policy of withholding Palestinian bodies, with prisoners’ rights group Addameer calling it a form of “collective punishment” against Palestinians who had not been accused of any wrongdoing, also noting that it “adds to the severe grief and trauma of families of the deceased.”
Furthermore, the three families in Deir Abu Mashaal have had their homes punitively demolished and blown up, leaving a total of 22 people homeless despite having not having been charged with any wrongdoing.
The petition submitted by Mahmoud over the three bodies came amid an ongoing petition submitted to the Israeli Supreme Court calling for the release of the bodies of nine slain Palestinians, which also included the remains of Ankoush, Salah, and Atta.
Despite the fact that the court has yet to reach a decision on the case, the Israeli state announced earlier this month that the bodies of four of the Palestinians included in that appeal have already been buried in cemeteries of numbers — mass graves comprised of marked and unmarked plots of mostly Palestinians killed by Israeli forces over the past 60 years.
The appeals came after Israel’s Minister of Public Security Gilad Erdan requested that withheld Palestinian bodies be buried in the cemetery of numbers, to be used as a bargaining chip with Hamas to secure the return of Israeli soldiers believed to be held in the Gaza Strip.
In addition to Israel’s hope that the bodies can be used as bargaining chips, Israeli authorities have also claimed that the policy of withholding remains is an attempt to avoid “incitement” during funerals of Palestinians killed by Israeli forces in the occupied territory. When bodies are returned, Israel imposes strict conditions on funerals.
Palestinian leaders have expressed their lack of hope in the Israeli Supreme Court to provide justice on the case. At a recent demonstration in Bethlehem, head of the Palestinian Committee of Prisoners’ Affairs Issa Qaraqe denounced the judiciary as “unjust, biased, and nothing more than a tool serving the occupation’s racist and extremist authorities.”
17 sept 2017
Dozens of Palestinians on Sunday staged a protest at the headquarters of the International Committee of the Red Cross in Nablus to demand the return of martyrs' bodies withheld by the Israeli occupation authorities.
Local sources reported that Palestinian flags were raised and slogans, calling for releasing the bodies, were chanted in the protest organized by the national committee for the support of prisoners and the national campaign to restore martyrs' bodies.
Several speakers during the protest called on human rights organizations to pressure Israel to abide by the international agreements and stop its violations against the Palestinian people.
Fatah Movement secretary in Nablus, Jihad Ramadan, said that a serious position must be adopted to force Israel to stop its ongoing violations, stressing that the detention of martyrs' bodies is a "systematic crime".
The father of martyr Rami al-Awartani told Quds Press that Israel "killed his son in cold blood", adding that the family are in great shock knowing that their son is now buried in Israel's cemeteries of numbers.
Israeli Supreme Court has recently postponed issuing a decision on a request to hand over the bodies of nine Palestinian martyrs held in Israeli mortuaries, while the Israeli prosecution announced transferring the bodies of four martyrs, including Awartani's, from mortuaries to the cemeteries of numbers.
Local sources reported that Palestinian flags were raised and slogans, calling for releasing the bodies, were chanted in the protest organized by the national committee for the support of prisoners and the national campaign to restore martyrs' bodies.
Several speakers during the protest called on human rights organizations to pressure Israel to abide by the international agreements and stop its violations against the Palestinian people.
Fatah Movement secretary in Nablus, Jihad Ramadan, said that a serious position must be adopted to force Israel to stop its ongoing violations, stressing that the detention of martyrs' bodies is a "systematic crime".
The father of martyr Rami al-Awartani told Quds Press that Israel "killed his son in cold blood", adding that the family are in great shock knowing that their son is now buried in Israel's cemeteries of numbers.
Israeli Supreme Court has recently postponed issuing a decision on a request to hand over the bodies of nine Palestinian martyrs held in Israeli mortuaries, while the Israeli prosecution announced transferring the bodies of four martyrs, including Awartani's, from mortuaries to the cemeteries of numbers.
16 sept 2017
PLO Executive Member Dr. Hanan Ashrawi. in a statement on Thursday, denounced Israel’s decision to bury four of the Palestinians killed by its forces in its so-called “Numbers Cemetery.”
“Such a move constitutes a blatant disregard for life and the sanctity of death, and is yet another violation of international law and international humanitarian law,” Ashrawi said, according to the PNN.
As stipulated in Article 34 of the Additional Protocol to the Fourth Geneva Convention, “The remains of persons who have died for reasons related to occupation or in detention resulting from occupation or hostilities and those of persons not nationals of the country in which they have died as a result of hostilities shall be respected, and the gravesites of all such persons shall be respected,
maintained and marked as provided for in Article 130 of the Fourth Convention, where their remains or gravesites would not receive more favourable consideration under the Conventions and this Protocol.”
Furthermore, the Articles affirm that states are “required to facilitate access to the gravesites by relatives of the deceased,” “to protect and maintain such gravesites permanently,” and “to facilitate the return of the remains of the deceased and of personal effects to the home country upon its request or, unless that country objects, upon the request of the next of kin.”
“This is not only inhumane; it is a deplorable form of collective punishment and cruelty for the families who are mourning the loss of their loved ones,” Ashrawi stressed.
“Once again, Israel must be made to comply with the fundamental tenets of decency, civilized behavior and international law,” she concluded.
“Such a move constitutes a blatant disregard for life and the sanctity of death, and is yet another violation of international law and international humanitarian law,” Ashrawi said, according to the PNN.
As stipulated in Article 34 of the Additional Protocol to the Fourth Geneva Convention, “The remains of persons who have died for reasons related to occupation or in detention resulting from occupation or hostilities and those of persons not nationals of the country in which they have died as a result of hostilities shall be respected, and the gravesites of all such persons shall be respected,
maintained and marked as provided for in Article 130 of the Fourth Convention, where their remains or gravesites would not receive more favourable consideration under the Conventions and this Protocol.”
Furthermore, the Articles affirm that states are “required to facilitate access to the gravesites by relatives of the deceased,” “to protect and maintain such gravesites permanently,” and “to facilitate the return of the remains of the deceased and of personal effects to the home country upon its request or, unless that country objects, upon the request of the next of kin.”
“This is not only inhumane; it is a deplorable form of collective punishment and cruelty for the families who are mourning the loss of their loved ones,” Ashrawi stressed.
“Once again, Israel must be made to comply with the fundamental tenets of decency, civilized behavior and international law,” she concluded.
