Iron Swords - Hostages - 01 March 2024

Israel announced 12 February 2024 that the total number of prisoners that the army was able to recover in exchange deals and through military operations was 126 people, including 91 Israelis, 11 bodies, and 24 foreign workers.

Avera Mengistu and Hisham al-Sayed have been held as hostages in Gaza since 2014 and 2015, respectively. Unlike the roughly 240 people kidnapped in the Hamas October 7 terrorist attacks, the campaign for the release of Mengistu and al-Sayed has received little publicity. Mengistu is known to suffer from what HRW deemed "serious" mental health issues. "Avera crossed one of the safest borders in the world, under the eyes of the security services," recalled Gil Elias, a relative. "We're talking about a mentally ill person who got lost." The calls for the release of Mengistu and al-Sayed have been barely audible during the many years they have been held captive in Gaza.

Israel had previously estimated there were 116 living hostages in Palestinian custody. Israel declared 20 out of 136 people in Gaza captivity dead in absentia, after announcing its forces had recovered the bodies of two hostages. By another count, 132 of them are still being held in Gaza, and 25 of them have been confirmed dead. Israel considers those still held by Hamas to be hostages regardless of whether they are dead or alive.

Israeli government spokesperson Eylon Levy earlier had told reporters that Hamas still held 137 captives. The resistance released 10 Israeli detainees, 4 Thais and 2 Russian women, who were released outside the agreement. Over the course of 6 days, Israel has received 102 detainees, women and children, including 78 Israelis, in exchange for the release of 234 Palestinian prisoners, women and children.

Eylon Levy, the Israeli government spokesperson, told reporters 01 December 2023:

• Hamas still held 137 hostages from the October attacks, in addition to four others who went missing before the war
• The hostages include two children aged four and 10 months, who, Hamas now claims, are dead
• 117 male hostages are still kept in Gaza, including the two children, as well as 20 females
• 126 hostages are Israelis, and 11 others are foreign nationals
• Foreign nationals are eight Thais, one Nepalese, one Tanzanian and one French Mexican citizen
• Ten of the remaining hostages are 75 and older.
• There are seven missing people since the October 7 attack
• Hamas had released 110 hostages so far – 86 Israelis and 24 foreign nationals.

Some of the rest are soldiers, seized when Hamas raided military bases in Israel. They may end up being held the longest. The Israeli military had not specified how many soldiers were captured, nor their ranks.

Israeli army spokesman Daniel Hagari announced on 07 February 2024 that 31 hostages detained in Gaza had died. He added in a press conference, "We informed 31 families that their detained relatives had died, and thus we announce their deaths."

According to some estimates, Hamas was initially holding nearly 210 of the 240 hostages, while Palestinian Islamic Jihad was holding the remaining 30. About 40 Israelis remained missing. More than 40 hostages taken from Israel into Gaza on October 7th are not currently in the custody of Hamas, the group responsible for the attack, according to a CNN report based on a diplomatic source briefed on the negotiations, CNN's prior reports had indicated that an estimated 40 to 50 hostages were held by Palestinian Islamic Jihad or other unidentified groups or individuals.

Abu Ubaida, the spokesperson for the Ezzedine al-Qassam Brigades, said on Hamas’ telegram account that 23 bodies of the 60 missing Israel hostages were trapped under the rubble. “It seems that we will never be able to reach them due to the continued brutal aggression of the occupation against Gaza,” he said.

The Al-Qassam Brigades announced on 11 February 2024 that the continuous Israeli bombing of the Gaza Strip during the past 96 hours led to the death of 2 prisoners and the serious injury of 8 others.

The Palestinian Prisoners' Club revealed that about 11,000 arrests were carried out by the Israeli army during the year 2023 in the West Bank, including occupied Jerusalem, in addition to arrests from the Gaza Strip before the seventh of last October. The number of people arrested by the Israelis in the West Bank since that date has exceeded 7,325. The total number of prisoners in Israeli prisons exceeds 9,000 Palestinians. Palestinian prisoner institutions said 661 were classified as “unlawful combatants” from Gaza, and this is the number available only as a clear given.

The Palestinian Prisoners' Club said that there has been a significant increase in the number of Palestinian administrative detainees in Israeli prisons since October 7, with 3,484 detainees recorded, including children and women. The club added in a statement that "this number was not actually recorded even during the years of the 1987 uprising."

Israel said on 19 February 2024 that, since the beginning of the war, approximately 3,200 wanted persons have been arrested throughout the Judea and Samaria Division and the Bekaa and Valleys Division, over 1,350 of whom are associated with the terrorist organization Hamas. On 08 January 2024 it was reported that more than 1,350 wanted persons had been arrested throughout the Judea and Samaria Division and the Bekaa and Valleys Division, more than 870 of whom are associated with the terrorist organization Hamas.

The institutions added in the statement that “the occupation arrested 210 women during the aforementioned period, and this statistic includes women who were arrested from the territories in 1948, and more than 355 children,” pointing out that “the outcome of the arrest campaigns includes all those who were arrested from homes, and through military checkpoints, Those who were forced to surrender themselves under pressure, and those who were detained.” It explained that "the number of arrests among journalists reached 50, of whom 35 remain in detention, and 20 of them were transferred to administrative detention."

The announced numbers of detainees do not include those who were detained from Gaza since the start of the operation in the Gaza Strip, as there is no accurate census of these numbers. As of 15 February 2024, the Director-General of the HAMAS Government Information Office in the Gaza Strip , Ismail Al-Thawabta, stated "the information available to us is that the occupation arrested approximately 2,600 people, including 99 medical personnel and 10 journalists."

Israel has rejected international legal adaptations since 1967, and has treated the Palestinians as criminals, and tried them before military courts and not as prisoners of war. Because the POW is not tried, but is released when the war stops, or as a result of a political agreement.

But international humanitarian law sets clear conditions relating to the Palestinians, whether as prisoners of war or organized groups with one leadership and carrying a unified slogan, and these conditions apply to Palestinian resistance fighters, specifically armed groups. International law, through the Third Geneva Conventions, which relate to prisoners of war and armed conflicts, and the Fourth Geneva Convention, which relates to civilians under occupation; Provide full protection to Palestinian prisoners and groups, including resistance factions.

The obstacles imposed by the Israeli occupation authorities became very different after the seventh of last October. They decided to cancel all trials in order to double the sentences issued against detainees, and now The scope of arguments before lawyers is very limited, due to military orders, and not according to legal data.