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Title: Palestine's Accession to Geneva Convention III: Typology of Captives Incarcerated by Israel
Authors: Qafisheh, Mutaz M.
Madbouh, Ihssan Adel
Keywords: Geneva Convention III; Palestinian Prisoners; Israeli Occupation; Prisoners of War; Armed Resistance; International Humanitarian Law
Issue Date: 23-Dec-2021
Publisher: Cambridge University Press
Citation: Mutaz M. Qafisheh and Ihssan Adel Madbouh, 'Palestine's Accession to Geneva Convention III: Typology of Captives Incarcerated by Israel', Asian Journal of International Law, Vol. 11, Issue 2 (2021), 299-328; DOI:
Abstract: Upon the 2014 State of Palestine's accession to Geneva Convention III, captured Palestinians who took part in belligerent acts against the occupier should be treated as prisoners of war due to the fact that they belong to a party to an armed conflict. These individuals fall under three categories: members of security forces, affiliates of armed resistance groups, and uprisers who fight the occupant spontaneously on an individual basis. Contrary to established rules of IHL, Israel does not make any distinction regarding the status of these three types. Unilateral Israeli treatment of its captives does not hold water under international law. Such actions may trigger liability based on international criminal law, particularly as the ICC decided in 2021 that it possesses jurisdiction to investigate crimes occurring in the territory of Palestine. The mere fact of confining prisoners of war after the cessation of hostilities may constitute a ground for criminal prosecution.
ISSN: 2044-2513
Appears in Collections:Journals

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