Over the past twelve years, Israel has abducted twenty-one Lebanese citizens, among them two children, and has been holding them as hostages pursuant to administrative detention orders issued by the Minister of Defense. Some of these detainees appealed the decision of the Tel-Aviv - Jaffa District Court allowing their detention, and a three-justice panel of the Supreme Court heard the matter. In its decision of 11 February 1998, the Supreme Court affirmed the legality of holding the detainees as bargaining chips (a translation of the Court's decision appears on B'Tselem's website - http://www.btselem.org). This ruling received unprecedented and piercing criticism, not only by human rights organizations, but by leading Israeli jurists.

The Supreme Court's ruling legitimizes the holding of innocent persons as hostages, and allows the State to use methods that characterize terrorist organizations. The authorities do not contend that the detainees committed any crime and admit that they are being held for bargaining purposes. It is superfluous to add that holding innocent persons as "bargaining chips" outside of their country for extended periods of time (up to twelve years) and without supervision contravenes international law and conventions to which Israel is party.

The in camera hearing raises the concern that the Supreme Court seeks to bury the issue and prevent public debate. Furthermore, holding hostages as "bargaining chips" is only effective when potential bargaining partners are aware of the phenomenon. Why, then, is the hearing being held behind closed doors?

B'Tselem urges the justices to release immediately the twenty-one detainees. Only unconditional release will remove the continuing stain on the Israeli judicial system.

B'Tselem: The Israeli Information Center for Human Rights in the Occupied Territories - is the leading Israeli organization monitoring, documenting and advocating to improve human rights in the West Bank and Gaza Strip. Founded in 1989, B'Tselem publishes reports, engages in advocacy and serves as a resource center.

http://www.btselem.org

Previous B'Tselem notices at Ariga

Predictable Death: A Public Campaign Against the Use of "Rubber Bullets" to Disperse Demonstrations in the Occupied Territories