Comment by bawolff
3 days ago
A hostage and a prisoner is not the same thing under international law.
> Their courts have no jurisdiction over them
Israel is the occupying power. International law requires that an occupying power provide law & order, so it does have the authority to persecute people who commit crimes (although they are required to keep the laws the same as they were pre-occupation, with some exceptions).
They are also allowed to keep prisoners of war (although i am not sure if hamas counts as that as they are a non-state group). They are allowed to persecute war crimes that enemy combatants commit (as long as they give a fair trial)
> have no issue calling anyone a terrorist.
The phrase "terrorist" doesn't really have much meaning under international law. Israel is free to call its enemies dirty names if it wants, there isn't any rule against calling your enemies mean names.
The phrase terrorist is the pretense Israel uses to kidnap Palestinian children and use them as hostages. Over 800 last year. It's highly relevant. Israel's courts rubberstamp some of the hostage taking, while the rest are on administrative detention without charge or trial.
https://www.middleeastmonitor.com/20231120-880-palestinian-c...
While i abhor the practise of long-term administrative detention as being fundamentally unjust, i don't think it would meet the definition of taking hostages under the geneva convention.
> Any person who seizes or detains and threatens to kill, to injure or to continue to detain another person (hereinafter referred to as “hostage”) in order to compel a third party, namely, a State, an international intergovernmental organisation, a natural or juridical person, or a group of persons to do or to abstain from doing any act as an explicit or implicit condition for the release of the hostage, commits the offence of taking of hostages
https://ihl-databases.icrc.org/ar/customary-ihl/v2/rule96
It very clearly fits the definition.
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Administrative detention is functionally the same as hostage taking and we should call it as such. Just because an Israeli "court" puts a stamp on it doesn't make it any different.
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