Comment by bawolff
3 days ago
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.
3 days ago
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.
How is administrative detention an attempt by Israel an attempt "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"
Like if they randomly started grabbing people up in order to trade them, it would very clearly meet the definition, but it doesn't seem like that is what happened.
They absolutely have grabbed people to trade them. The OP article mentions the trade. Every ceasefire in the history of this conflict has had a hostage exchange, or disingenuously "hostages for prisoners". They know it was coming and they kidnapped people for it.
Also more generally, they hold hostages to compel Palestinians to obey and not resist.
1 reply →
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.
> Just because an Israeli "court" puts a stamp on it doesn't make it any different.
That has nothing to do with why i don't think administrative detention constitutes hostage taking as defined by the geneva convention. Obviously if some hypothetical israeli court approved of hostage taking it would still not be ok.