دور القانون الدولي الإنساني في حماية حقوق الأسرى والمحتجزين الفلسطينيين في السجون الإسرائيلية بعد حزيران 1967

Abstract

This research sheds light on the situation of Palestinian prisoners and detainees in Israeli prisons since 1967. It discusses the implementation of international humanitarian law, particularly the Third and Fourth Geneva Conventions, in light of the complexity of the Palestinian legal situation and the disagreement over naming the Palestinian lands in the West Bank and Gaza Strip as occupied or disputed lands. Consequently, the legal implementation of the Geneva Conventions varies accordingly.

The international community admits that the West Bank and Gaza Strip (which were the areas taken over by the Israeli forces in 1967) are occupied lands, while Israel refuses to confess the occupation of these areas and claims that they are disputed lands, and without sovereignty, given that the West Bank was under the tutelage of the Hashemite Kingdom of Jordan and was affiliated to it administratively, and that the Gaza Strip was under Egyptian tutelage after 1948. Therefore, the Israeli authorities claim that they are carrying out their moral duty towards the humanitarian principles contained in the Third and Fourth Geneva Conventions from a customary point of view, not as a legal obligation.

In addition, the great inconsistency between Israeli internal laws - and their amendments - and international humanitarian law has caused a huge gap that may lead to committing severe violations against prisoners and detainees in Israeli prisons under a legitimate legal cover