The release of Israeli and foreign national civilians held hostage by Hamas and other armed groups in Gaza, and Palestinians arbitrarily detained by Israel, must take place immediately and should not be contingent on the outcome of political negotiations over the next phase of the ceasefire, said Amnesty International, as the first phase of the hostage-prisoner swap deal draws to a close.
Overnight on 26/27 February, Hamas returned the bodies of four Israeli hostages in exchange for the release of 640 Palestinian prisoners and detainees, as part of the last exchange deal under the first phase of the ceasefire agreement. The release of Palestinian prisoners had been delayed by Israel in previous days. Negotiations over the second phase of the ceasefire are set to agree the release of remaining Israeli hostages and further Palestinian detainees and prisoners, as well as a full Israeli withdrawal from Gaza, and a permanent end to hostilities.
“Israeli and foreign hostages and Palestinian detainees must not be treated as political pawns in a despicable power struggle over the next phase of the ceasefire deal. Only a durable ceasefire, including unhindered humanitarian assistance for Gaza, will end suffering for all. But the release of both civilian hostages and Palestinians arbitrarily detained – especially those held without charges or trial – should not be a matter of negotiation; it is a matter of international law. Hostage taking is a war crime. There can be no justification for abducting anyone to use as a hostage, nor for the prolonged, arbitrary detention of individuals to serve as bargaining chips,” said Erika Guevara Rosas, Senior Director for Research, Advocacy, Policy and Campaigns at Amnesty International.
“Israel and Hamas must release all unlawfully held individuals – immediately – regardless of the outcome of political negotiations over phase two of the ceasefire.”
Israeli and foreign hostages and Palestinian detainees must not be treated as political pawns in a despicable power struggle over the next phase of the ceasefire deal.
Erika Guevara Rosas, Senior Director for Research, Advocacy, Policy and Campaigns at Amnesty International
At least 59 hostages, the vast majority of them Israelis, remain in captivity in Gaza, of whom at least 24 are believed to be alive.
Over 4,000 Palestinians are held without charge or trial either under administrative detention or based on the Unlawful Combatants’ Law, which violates international law.
The release of Palestinian detainees and Israeli hostages in recent weeks has raised grave concerns over inhumane treatment in custody and dire conditions of detention for both hostages in Gaza and detainees in Israel.
At least 250 individuals, alive and dead, were taken hostage in southern Israel during the Hamas-led attacks on 7 October 2023. An Israeli forensic examination of the bodies of at least six deceased hostages retrieved in August 2024 indicates they were shot dead at close range shortly before their retrieval suggesting they were killed by their captors.
Hamas has also withheld the bodies of two Israeli soldiers since 2014. One of those bodies was recovered by Israeli forces during a military operation in January 2025.
Israeli media reports indicate some released hostages described being held in tunnels while in chains, deprived of food and with very limited exposure to daylight. They also reported being subjected to torture and other ill-treatment.
Hamas has publicly paraded hostages and forced them to participate in humiliating public handover ceremonies in front of crowds. In one incident, the coffins of deceased Israeli hostages, including two children, were displayed publicly in front of a poster depicting Prime Minister Benjamin Netanyahu as a vampire.
“Outrages to personal dignity, in particular humiliating and degrading treatment, are prohibited by international humanitarian law. Yet we have witnessed hostages being paraded in public as trophies of war or coerced to participate in propaganda videos. Hamas and other armed groups must immediately put an end to these degrading spectacles and ensure all hostages and human remains are treated with respect and dignity,” said Erika Guevara Rosas.
“All those who remain in captivity must be treated humanely and protected from torture and other ill-treatment and be given access to the International Committee of the Red Cross, and to medical care.”
Palestinian detainees released during the ceasefire deal have also emerged from detention looking gaunt and bearing signs of torture and other ill-treatment. Amnesty International has previously documented how detainees have been subjected to enforced disappearance, incommunicado detention and widespread torture in custody including through beatings, starvation and other cruel inhuman or degrading treatment. At least 60 Palestinian detainees have died while in Israeli custody since 7 October 2023.
“Continuing to arbitrarily hold thousands of Palestinians without any legal grounds is cruel, unjustified and blatantly unlawful. Israeli authorities must stop using arbitrary detention and refrain from holding the bodies of deceased Palestinians as bargaining chips. Until the detainees are released, Israel must allow international monitors access to detention facilities. All individuals in custody must be protected from torture and provided with adequate food, water and medical treatment, as well as access to their families and lawyers,” said Erika Guevara Rosas.
Israeli authorities also forced Palestinians to undergo degrading and humiliating treatment during their release, including forcing them to wear shirts with a Star of David logo and the slogan “we will not forget or forgive”.
In one case in September 2024, Israeli forces also sent containers including the remains of at least 88 unidentified Palestinians to Gaza, who were then buried in a mass grave. The bodies of at least 600 Palestinians continue to be held by Israeli forces as bargaining chips under a long-standing illegal Israeli practice that predates October 2023.
“The bodies of the deceased should never be treated as a battleground. All parties to the conflict have a clear obligation to respect and uphold the dignity of the living and the dead, including ensuring that bodies and remains are properly identified and handed over with dignity,” said Erika Guevara Rosas.
Header image of Red Cross vehicles by Abed Rahim Khatib/Anadolu via Getty Images.
