High Court: Israel can retain bodies of slain terrorists for potential hostage exchange
Israel’s High Court of Justice unanimously ruled on Sunday that the state is not obligated to release for burial the bodies of slain terrorists who were Israeli citizens.
The Supreme Court and the Knesset buildings. Jerusalem, Feb 13, 2017. Photo by Hillel Maeir/TPS
The decision upheld the state’s position that retaining these bodies may be necessary for potential negotiations to secure the return of Israeli hostages and deceased individuals held by Hamas in Gaza.
The ruling followed six petitions filed last year by relatives of the deceased. The petitioners argued the policy was unlawful, exceeded legal authority, and inflicted significant harm on the dignity of both the deceased and their families.
The state contended that negotiations for hostages and the dead are in a sensitive and dynamic phase. It maintained that retaining the bodies remains a critical option for advancing these talks.
Justice David Mintz, writing for the three-judge panel, emphasized the court’s limited authority to intervene in security-related government decisions, noting intervention is reserved for extreme circumstances. He further cited a 1945 regulation granting the military commander authority to withhold the release of terrorist bodies, a power affirmed by a prior court ruling to apply to Israeli citizens.
Mintz concluded that the government’s decision is a temporary measure subject to ongoing cabinet review. Given the current security landscape and the evolving nature of negotiations, the court found no grounds for interference.
