A deeply contentious policy implemented by Israeli authorities has come under intense international scrutiny, with reports confirming the withholding of at least 766 identified Palestinian bodies. Nearly half of these individuals have been held since October 2023, a period marked by significant escalation in regional conflict, despite Hamas having returned all Israeli captives’ remains.
Official data reveals that the majority of these Palestinians were killed by Israeli security forces, while 88 were detainees who perished while in Israeli custody over the preceding two years. This group comprises 53 individuals from Gaza, 32 from the occupied West Bank, and three Palestinian citizens of Israel. According to investigations by Haaretz, 373 of these bodies entered Israeli possession following the October 7 attacks.
The circumstances surrounding the deaths of those in detention are particularly alarming. Most were being held without formal charge or trial, with their deaths subsequently attributed to either direct violence perpetrated by Israeli officers or the deplorable conditions within detention facilities.
Compounding this situation, Israel continues to retain the bodies of seven additional prisoners who died prior to the recent conflict in Gaza, as documented by the Palestinian organisation Jerusalem Legal Aid and Human Rights Center (JLAC). The organization further reports that an unknown number of Palestinian bodies, belonging to individuals killed during and after the 1967 conflict, remain withheld and buried in undisclosed locations within Israel.
The disposition of these remains varies significantly. Haaretz reports that 520 identified bodies are currently stored in morgues at military facilities, while approximately 256 have been interred in what Palestinians refer to as ‘cemeteries of numbers’—burial sites marked solely by numerical identifiers rather than names. These cemeteries contain the remains of Palestinians and other Arabs, with some graves dating as far back as 1948.
This practice represents a long-standing Israeli policy wherein forces routinely seize the bodies of Palestinians killed in both the occupied West Bank and Gaza Strip. Many families had placed their hopes in the October agreement between Israel and Hamas, which included provisions for the exchange of both living and deceased prisoners alongside efforts to conclude hostilities in Gaza. However, Israel only returned 360 Palestinian bodies as part of this arrangement, with JLAC confirming that just approximately 100 were identified, while the remainder were buried as unknown individuals.
Disturbing evidence has emerged regarding the condition of bodies returned by Israel. Sources indicate numerous cases showing signs of torture, execution-style killings, and injuries consistent with being run over by military vehicles. Forensic examinations revealed severe abuse including strangulation marks, multiple broken bones, and various forms of mutilation. Several bodies were discovered with hands and feet bound and eyes blindfolded, while others were missing limbs entirely.
Multiple human rights organizations have consistently condemned Israel’s policy of withholding Palestinian bodies, demanding immediate release and repatriation to grieving families. Although Israeli law currently permits this practice through a 2018 amendment to the Counterterrorism Law—later upheld by the Israeli Supreme Court—that authorizes the state to withhold bodies of Palestinians deemed to have committed violent acts, this stands in direct contradiction to international humanitarian law. The Fourth Geneva Convention explicitly prohibits the withholding of bodies, mandating that the deceased must be treated with dignity, afforded honorable burial, and where possible, laid to rest according to their religious rites. Article 130 further stipulates that graves must be respected, properly maintained, and clearly marked to ensure perpetual recognition.