The Legitimacy of the Israeli Practices against the Palestinian Detainees according to the International Humanitarian Law

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Mohammad Fahhad Shalaldeh Ahmad Hasan Abu Jafar

Abstract

The Israeli occupation for the Palestinian Territories is prolonged. It began in 1967 and the Palestinians      haven't gained their independence  yet. During the years of occupation, thousands of Palestinians were arrested by the Israeli Military Forces.
This study seeks to identify the Israeli practices against the former Palestinian detainees and the families whose sons or daughters are still in the Israeli jails according to the International Humanitarian Law. The study in hand composes of two parts: The first one is theoretical, and the other one is practical. It tries to throw the light on the Israeli violations towards the Palestinian detainees and their families, which are considered grave breaches in the IHL. To this end, the researchers surveyed the opinions of 103 former prisoners and detainees, and 106 of the detainees' families. The collected data were analyzed using SPSS. A descriptive analysis was made to measure the target detainees and their families ( and thus the frequency and percentages of the gathered data). The analyzed data in the first questionnaire showed that the Israeli passive practices against the prisoners and detainees is 71%, whereas the second questionnaire showed that the Israeli passive practices against the detainees' families is 72%.  
As a result, Israel should  respect the fundamental principles of I.H.L in the Occupied Palestinian Territory, including East Jerusalem. Israel as an Occupying Power must fully and effectively respect the Fourth Geneva Convention in the Occupied Palestinian Territory. Israel must also stop imposing big fines on the detainees which adds additional burdens to their families. And finally, legal procedures should be taken against the Israeli Officers who violate the rules of I.H.L and the Fourth Geneva Convention, especially against the Palestinian detainees.
Key words: prisoners, detainees, IHL, OPT, GC, ICRC, HCP  
 IHL: International Humanitarian Law
OPT: Occupied Palestinian Territories
GC: Geneva Conventions
  ICRC= International Committee of the Red Cross   HCP=High Contracting Parties
 

Article Details

How to Cite
SHALALDEH, Mohammad Fahhad; ABU JAFAR, Ahmad Hasan. The Legitimacy of the Israeli Practices against the Palestinian Detainees according to the International Humanitarian Law. Arrasikhun Journal, [S.l.], v. 3, n. 1, p. 13-23, aug. 2017. ISSN 2462-2508. Available at: <http://ojs.mediu.edu.my/index.php/arrasikhun/article/view/851>. Date accessed: 23 oct. 2017.
Section
Islamic Studies