Israeli Supreme Court upholds sweeping policy of withholding bodies of Palestinian citizens as bargaining chips for negotiations

The Israeli Supreme Court has rejected six petitions, five of them filed by Adalah – The Legal Center for Arab Minority Rights in Israel on behalf of the families of Palestinian citizens of Israel whose bodies remain withheld by the Israeli authorities as bargaining chips in future negotiations with Hamas. Five of the deceased were killed by Israeli forces for allegedly carrying out attacks, while the sixth died in an Israeli prison while classified as a security prisoner. These bodies have been held by the state for prolonged periods, in one case since March 2024, despite repeated demands for them to be returned to the families for burial.

CLICK HERE to read the Supreme Court’s decision

The court’s decision, dated 2 January 2025, follows a series of decisions by the Israeli Security Cabinet, which in June 2024 decided to continue withholding the bodies of Palestinian citizens allegedly involved in attacks until such time an overarching policy is issued on the matter. This is despite the fact that it was previously its policy not to withhold the bodies of Israeli citizens. On 1 September 2024, the Cabinet made a further decision to withhold Palestinian citizens’ bodies as long as Israeli hostages remained held in Gaza. The policy was extended for an additional three months on 5 December 2024.

The Court’s decision follows an earlier ruling from September 2024 that allowed, for the first time, for the body of a Palestinian citizen of Israel to be held for purposes of leverage in future negotiations, namely that of the late Walid Daqqa. Unlike the decision in Daqqa’s case, which was presented as “exceptional” and included an assessment of whether or not the body would aid negotiations, the Cabinet’s decisions concerning the withholding of other bodies lacked any individual, case-specific assessments. 

CLICK HERE to read more about the Supreme Court’s decision upholding the withholding of Walid Daqqa’s body.

The Court’s decision, issued after a hearing in December 2024 during which Adalah Attorney Nareman Shehadeh-Zoabi argued that withholding the bodies was in violation of the law, lacked proper legal basis, and caused immense suffering to the families, upheld the states’ sweeping policy. 

The court reaffirmed its position in the Daqqa ruling, stating that the Defense Minister has the authority under emergency regulations to withhold the bodies of Palestinian citizens of Israel for purposes of negotiations with Hamas or other groups. The court went even further by upholding the broader Cabinet policy on withholding bodies, despite the lack of individual assessments or consideration of whether the bodies would aid negotiations. It also ruled that, even when the acts in question were driven by mental health issues rather than nationalist motivations, it would still not intervene in the state’s decision to withhold the bodies, effectively ruling out any individual assessments, in a clear violation of the rule of law.

By citing security concerns as overriding the families’ rights to bury their loved ones in dignity, the court ruled that the “relatively limited harm” to the deceased and their families did not warrant intervention.

Adalah Attorney Nareman Shehadeh-Zoabi responded:

“The Supreme Court’s decision validates Israel’s policy of treating Palestinian citizens of Israel as expendable commodities that may be used in pursuit of its political and security goals. By disregarding the profound harm inflicted on grieving families, the court reinforces a system that exploits every facet of Palestinians’ lives, including death, for political leverage. In this draconian ruling, the Supreme Court has upheld a sweeping policy that allows the state to deny the right to a dignified burial to its own citizens, which amounts to posthumous punishment and degradation. This decision forms part of a larger pattern that denies Palestinians’ fundamental rights, regardless of whether they are citizens or subjected to Israeli military rule, with complete disregard for due process or human rights.”