مكانة أسرى الحرب و المعتقلين في القانون الدولي الإنساني : دراسة تطبيقية للفلسطينيين في سجون الاحتلال

الملخص EN

This paper provides an abstract on the legal picture of prisoners and detainees in the international humanitarian law (IHL) and the rights they’re entitled to, in accordance with the evolution of IHL in providing protection, and also based on the expansion concepts since the Hague Convention of 1907, the identification of four conditions for combatants, then the characteristics of prisoner of war, and the Additional Protocol I of 1977, which described the wars of liberation as international wars, and considered the combatants in these wars, if fallen into the hands of the enemy, as prisoners of war.

In the Palestinian Case, the issue of prisoners and detainees in the Israeli jails is considered very pressing, especially when dealing with detainees’ legal status and reviewing the Israeli position when it comes to arrest and release.

The Israelis deny characterizing these detainees in accordance with the provisions of international law and on the other side, the international and Palestinian position.

The research concludes an essential result that the existing condition between the Israeli side and the Palestinian sides is a state of war and the combatants who are in the grip of either side are considered prisoners of war, adding to them categories such as civilian detainees and others like internees, where Israel doesn’t feel shy to renew their detention without any sanction or legal deterrent-these are considered abductees.