Israel’s Supreme Court has upheld the government’s decision to continue withholding the body of a 14-year-old Palestinian boy, drawing sharp condemnation from human rights groups who say the practice violates international law and basic human dignity, reported the TRT Global.
The ruling, delivered on July 31, permits authorities to retain the body of Wadia Shadi Sa’d Elyan, a teenager from East Jerusalem who was killed near the Israeli settlement of Ma’ale Adumim in the occupied West Bank on February 5, 2024. Israeli police claimed Elyan attempted to stab an officer, but video footage presented in court reportedly shows him being shot from behind while running away, followed by a fatal shot as he lay motionless on the ground.
Elyan’s body has now been withheld for more than 18 months. The state argued that his remains could be used as leverage in potential prisoner exchange negotiations with Hamas. The Court accepted this justification, citing classified evidence and affirming that the military commander holds the authority to both withhold and temporarily bury Palestinian bodies.
The decision was strongly denounced by Adalah – The Legal Center for Arab Minority Rights in Israel, which represents Elyan’s parents. In a statement issued on August 4, the group said:
“By endorsing the use of a deceased child’s body as a bargaining chip in political negotiations, the Court entrenches a grave violation of international law and basic humanity.”
Adalah’s lawyers also argued that Israel’s reliance on British Mandate-era Emergency Regulations of 1945 to justify the policy is legally unsound, stressing that the practice strips dignity from both the deceased and their families — protections guaranteed under international humanitarian law.
Rights organizations say this ruling reflects a systematic policy of withholding Palestinian bodies. According to Defense for Children International – Palestine, Israel is currently holding the remains of more than 45 Palestinian children. The Jerusalem Legal Aid and Human Rights Center reported in May that authorities are withholding the bodies of 668 Palestinians in total.
Adalah said the Supreme Court’s decision further entrenches a policy that “dehumanizes Palestinians, denies children respect in death, and inflicts profound suffering on their families.”
