0

Human rights groups and trade unions believe that Israel is holding thousands of workers from Gaza in military facilities following the revocation of their permits to work in Israel.

We do not actually know what is happening, but would it be legal to hold civilians against their will if there is no suspicion they have or would take part in any military action, and have committed no crime?

1 Answer 1

2

Yes, but …

It depends on if the conflict in Gaza is an international armed conflict (IAC) or a non-international armed conflict (NIAC): this is likely to be contentious. International law on IAC i more developed than NIAC which relies more heavily on customary law than treaties. The rules for both allow the internment of civilians but the circumstances are different.

For IAC, civilian internment must be done on a case-by-case basis using rules developed for the particular conflict so mass incarceration without a hearing of some sort is illegal. For NIAC, internment is allowed but there is no specific procedure and it is controversial as to how far international human rights law applies.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .