Palestinian Prisoners Day

Palestinian Prisoners’ Day is a national observance held annually on 17 April to draw attention to the conditions of detainees in Israeli prisons and to show support for them. It was officially proclaimed in 1974 by the Palestine National Council. The date was chosen to commemorate the release of Mahmoud Bakr Hijazi on 17 April 1971, following the first prisoner exchange agreement between Israel and Palestinian groups.^【1】 At the 20th Arab Summit held in Damascus in 2008, it was decided that this day would be recognized as a day of solidarity across all Arab countries.^【2】 Since 1967, approximately one million Palestinians have been detained or arrested by Israeli military and civilian authorities.^【3】

Gaza Residents Marching on Palestinian Prisoners’ Day, 2015 (Anadolu Ajansı)

Numbers and Demographic Distribution

Since the beginning of Israel’s occupation in 1967, approximately one million Palestinians have been detained or arrested at various times.^【4】 These figures indicate that a significant portion of Palestinian society has been directly incorporated into the prison system. The prison population fluctuates periodically in response to regional tensions and military operations. According to 2016 data, the total number of prisoners exceeded 7,000,^【5】 declined to 6,500 in 2018,^【6】 dropped to 5,000 in 2020,^【7】 and stood at approximately 4,900 at the beginning of 2023.^【8】 Following intensified operations after 7 October 2023, the number of detainees rose rapidly to 9,500 by April 2024,^【9】 and exceeded 9,600 by April 2026.^【10】

Between October 2023 and April 2026, the number of arrests carried out solely in the West Bank exceeded 16,400.^【11】 During the same period, more than 3,000 individuals from the Gaza Strip, including doctors, nurses, teachers, and journalists, were detained.^【12】

Female Prisoners and Mothers

The number of female detainees has varied over the years. In 2018, the number of female prisoners was 62,^【13】 declining to 31 by 2023.^【14】 However, after 7 October 2023, there was a significant increase in the number of female prisoners: from 40 up to that date, the number rose to 80 by March 2025.^【15】 April 2026 data shows that the total number of female prisoners in Israeli detention facilities has reached 84.^【16】 Among the detained mothers are academics, lawyers, doctors, teachers, and journalists. A large proportion of these women are held under administrative detention on grounds of social media activity.

Child Prisoners

The number of child detainees fluctuates periodically. In 2018, the number of child detainees was 350,^【17】 fell to 130 in 2020,^【18】 and decreased to 160 in 2023. This figure rose to 200 in 2024,^【19】 and returned to 350 by April 2026.^【20】 Children aged 12 to 17 are primarily held in the Megiddo and Ofer detention facilities.^【21】 Children are subjected to the same physical and psychological treatment as adults during arrest procedures and are denied their fundamental right to education.

Sick Prisoners

Inadequate health conditions and restricted access to medical care have led to an increase in the number of ill prisoners. In 2018, the number of sick prisoners was 1,800,^【22】 and was estimated at approximately 700 in both 2020 and 2023.^【23】 According to 2026 data, 300 of these prisoners suffer from chronic illnesses and 10 are awaiting medical intervention after being diagnosed with cancer.^【24】 Among those whose conditions have deteriorated due to medical neglect is Velid Dakka, a cancer patient who died in 2024 after spending 38 years in prison.^【25】

Long-Term Detainees and Political Figures

More than 20 Palestinians detained before the 1993 Oslo Accords, described as the “deans of prisoners,” remain incarcerated.^【26】 Kerim and Mahir Yunus, having spent over 35 years in prison, are among the longest-serving detainees.^【27】 Political leader Mervan Bergusi has been imprisoned for 22 years and was transferred to solitary confinement at the beginning of 2026.^【28】

Classification as Unlawful Combatants

As of early April 2026, the number of detainees classified as “unlawful combatants,” particularly those brought from Gaza, Lebanon, and Syria, was recorded at 1,251.^【29】 This figure does not include thousands of Gazans held temporarily in Israeli military camps who have not yet been formally incorporated into the official prison system.

Deaths in Detention

Between 1967 and 2025, the number of Palestinians who died in Israeli prisons reached 300.^【30】 Causes of death include systematic torture, medical neglect, and physical violence. The period between October 2023 and April 2025 recorded the highest death rate since 1967, with a total of 64 prisoners losing their lives, 40 of whom were from Gaza.^【31】 Among those who died are Musab Adili, a 20-year-old who died on Palestinian Prisoners’ Day in 2025, and Muhyiddin Fehmi Said Necm, a 60-year-old who died in 2025 after 19 years of detention.^【32】 Israeli authorities continue to refuse to disclose the identities of dozens of deceased prisoners and to withhold their bodies.

Legal Practices and Administrative Detention

Israel’s legal procedures applied to Palestinian detainees operate through an overlapping structure of military orders and civil laws. Palestinians arrested from the West Bank and Gaza Strip are tried in military courts presided over by military prosecutors and judges rather than civilian courts. Within this system, special legal classifications such as “administrative detention” and “unlawful combatant” form the foundation of judicial proceedings.

Palestinian Prisoners Released via International Red Cross Mediation, 2025 (Anadolu Ajansı)

Administrative Detention Practice

Administrative detention is a system that allows Israel to detain individuals without bringing specific charges or initiating formal judicial proceedings. Arrests under this system are based on “secret evidence” prepared by military intelligence and inaccessible to both the detainee and their lawyer. The defense is unable to challenge the allegations because it is not informed of their content. Although administrative detention orders initially last between one and six months, they can be renewed indefinitely with the approval of military judges. As of early April 2026, the number of administrative detainees in Israeli prisons reached 3,532, the highest level in recent years.^【33】 This number exceeds the total number of convicted prisoners in the prison population.

Classification as Unlawful Combatants

Another legal category applied particularly to detainees from Gaza, Lebanon, and Syria is “unlawful combatants.” According to 2026 data, the number of detainees classified under this status is recorded at 1,251.^【34】 However, this figure does not include thousands of Gazans held temporarily in Israeli military camps who have not yet been formally registered in the official prison system. Detainees under this status are denied the rights afforded to lawful prisoners of war, and their legal proceedings are subject to military authority decisions.

Trial Procedures and Restrictions on Defense Rights

The defense rights of Palestinian detainees are restricted through various administrative regulations. Particularly after October 2023, regulations have allowed prolonged delays in permitting detainees to meet with their lawyers. When visits are permitted, some facilities require them to occur via video communication rather than in person. Detainees are completely isolated from the outside world during interrogation; family visits and independent monitoring are suspended. Military courts largely follow procedures that presume the defendant’s guilt, and appeals are left to the discretion of military judges.

Relation to International Law and Treaties

These legal practices contradict fundamental principles of international humanitarian law and human rights law. The Fourth Geneva Convention guarantees the right to fair trial and protection from arbitrary detention for civilians living under occupation. The administrative detention system, due to restrictions on the right to defense and the use of “secret evidence,” is considered a violation of this convention. Furthermore, Article 2 of the Association Agreement between the European Union and Israel stipulates that respect for human rights is a fundamental condition for economic cooperation.^【35】 In contrast to the fair trial standards defined by the International Criminal Court and the Rome Statute, Israeli military courts can reach verdicts by simple majority and in some cases completely eliminate the possibility of appeal or clemency.

Prison Conditions and Human Rights Violations

The living conditions faced by Palestinian detainees in Israeli prisons are described by international human rights organizations and Palestinian prisoner institutions as a “systematic policy of attrition and punishment.” Particularly after October 2023, these conditions have deteriorated to a stage where detainees are deprived of basic humanitarian needs and their physical integrity is seriously threatened.

Funeral of Palestinians Whose Bodies Were Returned by Israel but Could Not Be Identified, 2025 (Anadolu Ajansı)

Systematic Torture and Ill-Treatment

Detainees held in prisons and detention centers are subjected to methods including beatings, prolonged stress positions, sleep deprivation, and psychological pressure. Reports from 2026 document cases of severe beatings resulting in broken bones, allegations of sexual abuse, and degrading treatment.^【36】 In military camps where detainees from Gaza are held, it is reported that prisoners have had their eyes and hands bound for weeks and have been completely cut off from contact with the outside world.^【37】

Medical Neglect and the “Silent Killing” Policy

The prison administration’s policy of “medical neglect” is one of the leading causes of detainee deaths. The failure to transfer prisoners suffering from chronic illnesses or requiring cancer treatment to hospitals, or the prolonged delay of their medical care, is described as “silent killing.”

• Case Examples: The refusal to release Velid Dakka, a cancer patient who spent 38 years in prison despite international appeals, and his subsequent death in prison in 2024, is the most concrete example of this policy.^【38】 Similarly, the death of Muhyiddin Fehmi Said Necm, a 60-year-old who died in 2025 after 19 years of detention, is recorded as a consequence of systematic medical neglect.^【39】

Living Conditions and Human Deprivation

Severe overcrowding, restricted hygiene facilities, and inadequate nutrition in prisons have led to serious health problems.

• Food and Water Restrictions: It is reported that the quantity of food provided to prisoners has been reduced to a subsistence level, with near-total denial of access to protein and fresh food. In some prisons, the duration and volume of water allocated for showers are strictly limited.
• Pressure on Religious Practices: In prisons such as Ofer and Gilboa, authorities are reported to have deliberately withheld information about suhoor and iftar times during Ramadan, blocked the call to prayer, and made it difficult for prisoners to perform their religious duties.^【40】 Prisoners are often forced to fast with only a few inadequate morsels of food, unaware of when iftar begins.

Solitary Confinement and Isolation from the Outside World

The practice of solitary confinement has been widely used as a punitive measure against political leaders and detainees classified as “dangerous.” The prolonged isolation of individuals such as Mervan Bergusi is part of this policy. The indefinite suspension of family visits, restrictions on lawyer meetings, and the ban on access to radio, television, or newspapers aim to psychologically break down detainees.

International Reactions

Amnesty International and various UN mechanisms have emphasized that these practices clearly violate the Fourth Geneva Convention and the Convention Against Torture. Although international pressure has increased since 2026 for improved prison conditions and access for independent monitors such as the International Committee of the Red Cross, prison authorities continue to maintain a harsh stance.

Legal Framework: Administrative Detention and the 2026 Death Penalty Amendment

The legal regime applied by Israel in the occupied Palestinian territories exhibits a structure known in international literature as a “dual legal system,” in which legal status is determined by nationality and geographic location. Jewish settlers in the West Bank are subject to Israeli civil law and civilian courts, while the Palestinian population in the same region has been subject since 1967 to military orders and military courts that severely restrict fundamental rights.

The pillars of this legal system are the practice of “administrative detention” and the 2026 legislative amendment introducing the death penalty, both key instruments of repression against Palestinians.

Administrative Detention and the Secret Evidence System

Administrative detention is a procedure derived from the British Mandate-era “Emergency Defense Regulations” of 1945 and currently implemented under the authority of Israeli military commanders, allowing Palestinians to be detained without any formal charge or judicial process.

• Secret Evidence Mechanism: In this mechanism, no formal indictment is prepared against the detainee. Detention is based on evidence presented by intelligence units and classified as a “secret file.” Neither the detainee nor their lawyer is granted access to this evidence, thereby restricting the right to defense.
• Uncertainty and Psychological Pressure: Administrative detention orders are initially issued for periods between one and six months but can be renewed indefinitely with the approval of military judges. Many detainees face repeated extensions of their detention while awaiting release, which is regarded as a systematic method of psychological torture.
• Numerical Data and Target Groups: As of early April 2026, 3,532 of the more than 9,600 Palestinian detainees in Israeli prisons were classified as “administrative detainees,”^【41】 a figure among the highest recorded in the modern era. This practice targets not only those linked to resistance activities but also journalists, academics, and 39 Palestinian mothers detained on charges of “provocation” based on social media posts.^【42】

2026 Death Penalty Law and Implementation Amendments

On 30 March 2026, the Israeli Knesset approved a death penalty amendment targeting Palestinian detainees with 62 votes in favor and 48 against. This law is regarded as one of the most comprehensive and radical measures to date that has rendered the treatment of these prisoners controversial under international law.

• Application Criteria: The law’s text includes acts aimed at denying the existence of the State of Israel or causing harm to a Jew or an Israeli citizen within the scope of the death penalty. The amendment is explicitly formulated to apply exclusively to Palestinian prisoners.
• Decision Mechanism: The previous requirement of “unanimous agreement among judges” for imposing the death penalty has been abolished; a simple majority of two out of three judges is now sufficient to impose the sentence.
• Appeal and Execution: Appeals against death sentences issued by military courts operating in the occupied West Bank have been eliminated. The law also mandates that executions be carried out within 90 days of the final conviction. For those tried in Israeli civilian courts, however, the possibility of converting the death sentence to life imprisonment remains.

Ministry of National Security and Itamar Ben-Gvir’s Policies

Israeli Minister of National Security Itamar Ben-Gvir has played a central role in the legislative process of these legal amendments and in the hardening of prison policies.

• Death Penalty Law as a Political Condition: One of the conditions for the participation of Ben-Gvir’s Jewish Power (Otzma Yehudit) party in the coalition government was the enactment of a death penalty law targeting Palestinian prisoners. At the session where the law was passed, Ben-Gvir described the outcome as “the hour of judgment has arrived.”
• Official Statements: In public statements, Ben-Gvir has advocated for the execution of “as many terrorists as possible” and declared that “every mother who attempts to have her child kill someone will know she will be executed.”
• Prison Practices: During Ben-Gvir’s tenure, administrative decisions have been implemented under a “retribution policy,” including restricting shower times, shutting down prison bakeries, and reducing access to basic food supplies. Reports indicate that he issued directives to sever detainees’ contact with the outside world during religious holidays and Ramadan, including blocking the call to prayer and withholding information about iftar times.

“Unlawful Combatant” Status and Unregistered Detention

The “Law on the Incarceration of Unlawful Combatants” is being applied to individuals detained from the Gaza Strip after 7 October 2023.

• Legal Definition: Individuals under this status are not recognized as prisoners of war under the Geneva Conventions and are denied the rights afforded to civilian detainees.
• Data: As of April 2026, 1,251 individuals are officially registered under this classification.^【43】 However, this figure does not include Gazan detainees held in Israeli military camps such as Sde Teiman who have not yet been transferred to the Israel Prison Service (IPS). Detainees in these facilities are completely cut off from contact with the outside world.

Status Under International Law

The legal status of Palestinian detainees is assessed against established norms by international instruments and organizations:

• Fourth Geneva Convention: The Convention prohibits the transfer of protected persons from occupied territories to the territory of the occupying power.
• International Reactions: The 2026 death penalty law has been criticized by the European Union, France, Germany, and the United Kingdom as violating human dignity and fundamental legal principles due to its irreversible nature. Palestinian Prisoners Society and the Palestinian Centre for Human Rights have reported that these laws reinforce an “apartheid” legal system and transform judicial institutions into political enforcement mechanisms.

International Legal Standards and Global Reactions

The legal status of Palestinian detainees in Israeli prisons and the practices applied to them are subject to various norms under international humanitarian and human rights law. Particularly the 2026 death penalty amendment and the practice of administrative detention have generated widespread international response and sparked debate regarding their compliance with legal norms.

Geneva Conventions and the Status of Prisoners

The protection and judicial procedures for Palestinian detainees are primarily governed by the 1949 Fourth Geneva Convention.

• Prohibition on Transfer Outside Occupied Territory: Articles 49 and 76 of the Fourth Geneva Convention prohibit the occupying power from transferring persons living under occupation (protected persons) to its own territory.^【44】 The fact that the majority of Palestinian detainees are held in Israeli prisons outside the West Bank or Gaza Strip — such as Ofer, Megiddo, and Gilboa — is considered by international legal authorities and United Nations mechanisms as a violation of these articles.
• Right to Fair Trial: The Convention guarantees detainees the right to be informed of the charges against them and to be subject to a fair judicial process. Detentions carried out under administrative detention based on secret evidence without formal charges are reported as violations of the principle of fair trial.

Diplomatic Reactions to the 2026 Death Penalty Law

The death penalty law adopted on 30 March 2026 has been the subject of official condemnations at the state and organizational levels on international platforms.

• European Union and Member States: Foreign ministers of France, Germany, Italy, and the United Kingdom have stated in joint or separate declarations that the law is “contrary to human dignity and irreversible.” European Union officials have recalled that the death penalty contradicts EU values and the “respect for human rights” condition stipulated in Article 2 of the EU-Israel Association Agreement.
• Palestinian Authority and Institutions: The Palestinian Authority has labeled the law as a “war crime against the Palestinian people” and announced its intention to bring the matter before the International Criminal Court. The Palestinian Prisoners Society and the Palestinian Centre for Human Rights have published reports asserting that the law functions as a legal instrument of “apartheid.”

Intervention by International Mechanisms

Israel’s detention policies are monitored by various special rapporteurs and committees within the United Nations.

• UN Special Rapporteurs: The UN Special Rapporteur on the situation of human rights in the Palestinian territories and the Special Rapporteur on Torture have called for independent investigations into allegations of “medical neglect” and “ill-treatment” suffered by detainees. 2026 reports emphasize the need to examine whether deaths in detention — such as those of Musab Adili and Velid Dakka — are the result of systematic neglect.
• International Court of Justice (ICJ) Opinions: In its 2004 (Wall Advisory Opinion), 2024 (Occupation Advisory Opinion), and 2025 advisory opinions, the ICJ has emphasized that international humanitarian law and human rights law must be applied simultaneously in occupied territories. This underscores that practices such as the death penalty for civilians or indefinite administrative detention cannot be justified solely on military grounds.

Humanitarian Organizations’ Appeals

The International Committee of the Red Cross and Amnesty International have reiterated the need to preserve detainees’ contact with the outside world. Since October 2023, calls to Israel’s authorities to resume family visits and grant independent monitors access to all detention facilities — including military camps — have remained at the top of the diplomatic agenda as of 2026.

Current Status of the Palestinian Prisoners Issue

As of 2026, the issue of Palestinian prisoners has entered a critical phase in terms of both legal developments and humanitarian conditions on the ground. Observed annually on 17 April since 1974, Palestinian Prisoners’ Day has evolved beyond a commemorative observance into a political platform for discussing widespread allegations of rights violations and new legal statuses.

• Legal Transformation: The 2026 death penalty law and the permanence of administrative detention confirm the complete separation of the military judiciary from civil legal norms. The elimination of appeal rights and the allowance of decisions by simple majority indicate that judicial safeguards have been reduced to a minimal level.
• Numerical Data: According to April 2026 figures, the number of detainees exceeds 9,600, the highest level in recent years. Approximately one-third of this population is held under administrative detention without any formal charge, demonstrating that the practice has moved beyond an exceptional security measure to become an entrenched administrative mechanism.
• Political Impact: Direct interventions by the Ministry of National Security under figures such as Itamar Ben-Gvir have transformed the basic humanitarian needs of detainees — food, hygiene, and religious observance times — into tools of punishment and deterrence.

International Perception

International reactions signal a widening gap between Israel’s domestic law and international humanitarian law. While findings of violations of the Geneva Conventions continue to serve as a diplomatic pressure tool at the United Nations and European Union levels, no concrete sanctions have yet been implemented to alter the enforcement and detention practices on the ground.

In conclusion, the issue of Palestinian prisoners — encompassing allegations of medical neglect, the new death penalty law, and the status of individuals from Gaza classified as “unlawful combatants” — remains one of the most complex and humanitarian-sensitive aspects of the conflict dynamics in the Middle East.