Publication: الوضع القانوني للأسرى الفلسطينيين في سجون الاحتلال الإسرائيلي
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Date
2024-07
Journal Title
Journal ISSN
Volume Title
Publisher
Universiti Sains Islam Malaysia
Abstract
This study discusses the position of Palestinian prisoners in Israeli prisons from a legal perspective. The main focus of this study is to clarify the importance of the issue and the standard of living of Palestinian prisoners and the role played by international humanitarian law and international criminal law in guaranteeing protection to those affected by the effects of war. The issue of prisoners is important because it involves sentiments that are close to the Palestinian people in particular and the international community in general. These issues include moral, legal, and political values that affect the level of peace in society as a whole. This study aims to examine the position of Palestinian prisoners in Israeli prisons from the perspective of international law and treaties by explaining the definition of prisoners of war and Israel's treatment of Palestinian prisoners. The study also sheds light on whether the provisions of international law and treaties apply to Palestinian prisoners of war. The importance of this study from an empirical perspective is obtained from explanation of some of the legal actions that can be used by Palestinian prisoners and their representatives in accordance with international law and treaties at the International Criminal Court. The researcher found several findings, especially those of international humanitarian law that are binding and must be complied with by every country in the world. Its articles reinforce Israel's civil and criminal responsibility for its policies and abuses against Palestinians. Some of the captives were considered prisoners under detention rules, as they were not involved in resisting the occupation, while some of the other captives were kidnapped, including popular and political leaders held by Israel as administrative prisoners. In addition, the detention of children, women, prisoners, and other detainees in Israeli prisons is tantamount to kidnapping and constitutes a war crime. This study suggests that the issue of Palestinian prisoners should be a priority for all Arabs, foreigners, and locals. It is important that the case be brought to the International Criminal Court so that the voices of Palestinians are heard by the Court and that executive powers are formed to ensure that the Court's decisions on the issue of Palestinian prisoners are implemented.
Description
Matric: 4182711 (FSU)
Keywords
Palestinian, Israeli prisons, Palestinian prisoners, International Criminal Court, Humanitarian law, Palestinian Arabs-Civil rights -Israel, Political prisoners—Israel, Prisoners of war, Palestinian Arabs—Legal status-laws-etc.—Israel
Citation
Murad (Ahmad Rashid) Hasan Khader. (2024). Al-wada’ al-qanuni lil-asra al-Filastiniyyin fi sujun al-ikhtilal al-Isra'iliyyi [ [Doctoral dissertation, Universiti Sains Islam Malaysia]. USIM Research Repository.