International Responsibility of the Israeli Occupation for the Retention of the Bodies of Palestinian Martyrs

Abstract

This research examines the international responsibility of the Israeli occupation for the retention of the bodies of Palestinian martyrs, as one of the prominent legal and humanitarian issues in contemporary international law. The study aims to clarify the international legal framework governing the protection of human remains under both international humanitarian law and international human rights law, and to analyze the legality of retaining bodies in light of the Geneva Conventions, their Additional Protocols, and customary international law. The research also focuses on identifying the legal basis for establishing international responsibility for this practice, whether at the level of state responsibility of the occupying power or individual criminal responsibility, while evaluating the available mechanisms of international accountability. The study concludes that the retention of bodies constitutes an internationally wrongful act, which in certain cases may amount to a grave breach, thereby necessitating the activation of accountability mechanisms and ensuring the rights of the victims’ families to a dignified burial.