THERE is a very common misconception surrounding the terminology used to describe Palestinians detained by Israel. These individuals are often inaccurately referred to as prisoners of war. However, under international law, they are cate-gorised as protected persons under the Fourth Geneva Convention.
Prisoners of war, as defined by the Third Geneva Convention, are combatants who actively participate in hostilities.
In contrast, protected persons are civilians who find themselves under the control of a party to the conflict or an occupying power of which they are not nationals. This distinction is critical, as it determines the legal protections they are entitled to.
According to Article 4 of the Fourth Geneva Convention, civilians may only be detained under strict conditions, such as posing an imminent security threat to the occupying power. Labelling Pale-
stinian civilians as prisoners of war undermines the protections afforded to them under international humanitarian law (IHL) and obscures the broader injustices they face under occupation.
Palestinian detainees are often accused of resistance activities or posing security threats. However, many are held under administrative detention, a practice that allows imprisonment without formal charges or trial. This detention is often justified on vague security grounds, depriving detainees of their fundamental rights to due process and fair trial.
Since Oct 7, 2023, the International Committee of the Red Cross (ICRC) has faced challenges in accessing Palestinian detainees, limiting its ability to monitor detention conditions.
The organisation has documented the detention of Palestinians from Gaza without charge or trial under the unlawful combatants law, a practice that contra- venes international law. Detainees have also reported instances of torture and degrading treatment, underscoring systemic violations of human rights.
These practices reveal a pattern of disregard for the legal rights of detainees, and demonstrate a broader framework of oppression under the occupation.
Protected persons are entitled to protection, and their mistreatment as detainees reflects the systemic injustices of the occupation, which denies Palesti-nians their basic rights and dignity.
Adv. Kainat Muhib Kakakhel
Peshawar
Published in Dawn, January 25th, 2025
