IDF soldiers drive blindfolded Palestinian detainees on a truck, in December.Credit: Motti Milrod

Israel’s indifference to the fate of Gazans, at best, and desire for revenge against them, at worst, are fertile ground for war crimes. On Friday, Haaretz reported that since the war began, 27 Gazan detainees have died while in custody in military facilities – at the Sde Teiman base, near Be’er Sheva; at the Anatot base, near Jerusalem; and during interrogation at other facilities.

The army did not provide information on the circumstances of their deaths, but noted that some had been wounded in combat and others suffered from complex medical conditions prior to their arrest.

However, a report by the UN Relief and Works Agency published last week in The New York Times, includes accounts from detainees who were released saying they were subjected to physical violence and denied access to doctors and lawyers, often for over a month.

The UN report follows disclosures by Haaretz two months ago about detainees at Sde Teiman who were handcuffed and blindfolded 24 hours a day. Released detainees reported being beaten, and shocking photos made it clear that the extended periods in restraints caused them physical harm.

And even less than a month after the start of the war, it was revealed that two Gazan laborers, who were not suspected of any offenses, died in Israeli custody. One was a diabetic who did not receive needed care.

Gazans detained in Israel are not legally defined as prisoners of war because the Gaza Strip is not a state. Most were arrested under Israel’s Detention of Unlawful Combatants Law, which permits the detention of anyone suspected of participating in hostilities against Israel and allows them to be held for 75 days before being brought before a judge.

Many are released back to Gaza after a time, and although it is made clear to everyone that they are not suspects, this does not change the fact that all are held in appalling conditions. Also very disturbing are the accounts of what has been happening to Palestinian security prisoners inside Israel’s prisons, including beatings, severe overcrowding and food that is unfit for human consumption.

The deaths of the detainees must be investigated fully, without cover-ups and laxity. But by whom? Although this area is the IDF’s responsibility, the Israel Prison Service also bears responsibility. But because the latter is subordinate to National Security Minister Itamar Ben-Gvir, it is the Military Police that should investigate these deaths.

The ministers of the war cabinet must make it clear to the IDF and the prison service that Israel is not a terrorist organization, that Sde Teiman and the other detention facilities are not Guantanamo Bay and that the state has a duty to protect the rights of detainees even if they are not formally prisoners of war.

Indifference by Israelis and desire for revenge must not constitute license to shed the blood of detainees. Israel has no right to harm anyone who is no longer a threat and must provide reasonable conditions, protect life and see to the health of detainees. The fact that Hamas is holding and abusing Israeli hostages cannot excuse or justify the abuse of Palestinian detainees.

Haaretz Editorial