Introduction:
During the Israeli aggression on the Gaza Strip in October 2023, Israel carried out one of the most severe military campaigns in the history of the conflict, using excessive force against civilians. The population was subjected to severe violations, including indiscriminate shelling and continuous attacks on infrastructure, resulting in thousands of martyrs and injuries, in addition to an unprecedented increase in the number of missing and forcibly disappeared persons. This was accompanied by the collapse of rescue systems and difficulties in documenting cases due to the security and field chaos. The phenomenon of enforced disappearance constitutes a serious legal and humanitarian challenge, given the psychological and social harm it causes to victims and their families. This phenomenon is considered a crime under international humanitarian law and human rights law, requiring a comprehensive response from the Palestinian Authority through effective legislation and policies to protect victims’ rights and hold perpetrators accountable.
This paper aims to analyze the legal situation of the missing and forcibly disappeared during the war and provide practical recommendations for the Palestinian Authority, including issuing specialized legislation, forming a national committee, establishing a centralized database, cooperating with international bodies, and providing full support to the victims’ families.
Analytical Context of the Missing and Forcibly Disappeared during the October 2023 War:
Since the start of the genocide in Gaza in October 2023, the Strip entered an unprecedented stage of humanitarian disaster, with the number of martyrs and missing persons increasing shockingly. The number of martyrs to date reached 52,269, including approximately 12,365 women, 17,954 children, and 3,535 elderly, in addition to 206 journalists, 1,394 medical staff, 203 UNRWA employees, 105 civil defense personnel, and nearly 800 educational staff.[1]
Concurrently, the crisis of missing and forcibly disappeared persons escalated to an unprecedented level. The Palestinian Central Bureau of Statistics indicated more than 11,200 missing persons, including 4,700 children and women, with no confirmed information about their fate.[2] Other reports, including those from OCHA and Save the Children, suggest the number could reach 21,000, mostly children, with discrepancies in numbers among human rights and official sources.[3] Meanwhile, the Palestinian Center for the Missing and Forcibly Disappeared estimated the number at about 8,500 people.[4]
Prisoner organizations document the occupation’s detention of over 4,500 Gaza residents without details on their conditions or locations.[5] The Center for Political and Development Studies estimated that 2,000–3,000 of them are forcibly detained in Israeli prisons under total secrecy.[6]
Main Paths of Disappearance and Enforced Disappearance:
Data indicate three main paths of disappearance during the recent Israeli aggression on Gaza:[7]
1. Forcible detention by occupation authorities
Hundreds of civilians are believed to be detained by Israeli authorities under unknown conditions, amid documented systematic enforced disappearances, with refusal to disclose their locations or provide information to families. The Israeli forces carried out wide-scale arrests targeting civilians, particularly men and boys, under the pretext of suspected affiliation with resistance groups, without judicial orders or disclosure of detention sites. These arrests occurred during displacement attempts or in conflict zones, with detainees stripped of clothing and held under harsh, inhumane conditions, either outdoors or at undisclosed locations.
2. Missing under the rubble
Thousands are believed to still be under the rubble of buildings destroyed over their residents’ heads due to Israel’s “demolish-over-residents” policy. Estimates suggest that over 10,000 people may be buried under debris and not registered as martyrs due to the difficulty of reaching them.
3. Disappearance during forced displacement
During displacement from the northern to the southern Gaza Strip, many civilians disappeared due to chaos and lack of safe passages. After repeated evacuation orders issued without prior notice, hundreds of thousands were forced to flee on foot under extreme humanitarian conditions, amid continuous shelling, exposing them to direct targeting, sniper fire, or bombing while moving. Thousands of families were separated due to complete disruption of communication networks and absence of protection guarantees. As of September 19, 2024, UN data indicate 55 ongoing evacuation orders covering 77% of Gaza’s area (around 281 km²).[8] These forced orders contributed to thousands of disappearance cases, with many people unaccounted for during transit.
Systematic Violations Related to Enforced Disappearance Policy:
Israel is one of the most prominent countries practicing enforced disappearance systematically against the Palestinian people. Since the Nakba of 1948, Israel has used enforced disappearance as a tool to silence voices, dismantle social ties, and impose general terror. This pattern was not temporary or exceptional but part of the colonial-military system, which does not see Palestinians as individuals with rights but as “removable elements.” During the recent aggression, Gaza became a public laboratory for implementing this policy on a large scale. Thousands of cases of missing persons remain unresolved amid the absence of an effective justice system and the destruction of civilian search-and-rescue infrastructure.
This policy is evident in several field violations:[9]
- Mass arrest campaigns
Israeli forces implemented mass arrests to maintain field control, particularly after entering residential areas. Civilians were forcibly moved to detention and field interrogation points, where detainees were sorted into categories based on vague criteria. A limited number were later released, while hundreds remain unaccounted for, with testimonies documenting field executions, systematic torture, and degrading treatment, violating international humanitarian law. - Military checkpoints and “safe” corridors
Since the beginning of the war, military checkpoints were set up at so-called “safe corridors,” promoted as exits for civilians to safer areas. In practice, these checkpoints were used for repression and security filtering, especially along the “Nitsarim axis” separating northern and southern Gaza. Similar checkpoints at entrances and exits of cities and camps such as Jabalia and Khan Younis saw disappearances during civilian crossings, with reports of shootings, arrests, and field executions turning these corridors into deadly traps. - Focused military operations
Sudden military operations targeting civilian facilities, particularly shelters and hospitals, played a pivotal role in enforced disappearance and severe violations. Notably, the raids on Nasser Hospital (February 2024) and Al-Shifa Medical Complex (March 2024) included arrests of displaced people and medical staff, mass burials, and abduction of bodies, complicating the fate of the missing. Some recovered bodies were severely decomposed or charred, preventing identification. - Mass graves
Residents resorted to mass graves due to inability to identify bodies or lack of medical and legal capacity to document them. In some cases, occupation forces buried martyrs in large pits during military operations, particularly in northern Gaza and Khan Younis. Such burials indicate serious violations potentially amounting to genocide or post-mortem disappearance in the absence of international monitoring or victim identification. - Abduction of bodies
Occupation forces systematically seized victims’ bodies, moving them to unknown destinations without notifying families, adding many to missing persons lists. Body seizure violates both victims’ and families’ rights, as well as international humanitarian law, which guarantees families’ right to know the fate of their relatives and the deceased’s right to dignified burial.
“Unlawful Combatant” Law and Its Implications During the Gaza Genocide War
In 2002, Israeli authorities enacted the “Unlawful Combatant” law, permitting detention of individuals suspected of participating in “hostile acts” against Israel without formal charges or fair trial, violating fundamental fair trial standards under international human rights law. The law grants authorities the power to detain individuals without material evidence and deprives detainees of essential rights such as legal counsel and independent judicial review. It was widely applied after the Gaza siege in 2008.[10]
Violations escalated during the October 2023 war after extending detention powers to lower military ranks. A ministerial decree classified all Gaza detainees as unlawful combatants, transferring thousands to Sde Teyman military camp under harsh, inhumane conditions. Reports indicate over 4,500 detainees since the war began, including 1,584 under this classification, with no accurate information on the disappeared and widespread torture, executions, and burials in “numbered graves.”[11]
According to Addameer statistics, from October 7, 2023, there were approximately 16,500 arrests, including around 10,000 prisoners (3,498 administrative detainees, 400 children, 27 women). These figures cover all detainees, not only those forcibly disappeared.[12] The Palestinian Central Bureau of Statistics estimates 18,700 detainees.
Legal Status of Missing and Forcibly Disappeared Persons Under International Law:
Given the previous overview of disappearance paths and associated violations during the October 2023 war in Gaza, it is essential to analyze the international legal framework regulating these cases and imposing obligations on parties to protect civilians, the missing, and their families.
The Geneva Conventions (1949) and their Additional Protocols constitute the foundation for international protection of civilians during armed conflicts. The Fourth Geneva Convention obliges parties to inform families of detainees and missing persons as soon as possible (Article 17).[13] The 1977 Additional Protocol I reinforces civilians’ right to know the fate of missing persons and urges concrete measures to reveal their status, including reporting mechanisms coordinated with international humanitarian organizations.[14]
Under international humanitarian law, a missing person is anyone whose whereabouts are unknown due to armed conflict, natural disasters, or other violence, with no confirmed information available to relatives or authorities.[15]
Enforced disappearance, as defined by the 2006 International Convention for the Protection of All Persons from Enforced Disappearance, involves “arrest, detention, or abduction by state agents or with state authorization or support, followed by denial of the deprivation of liberty or concealment of the person’s fate or whereabouts, placing them outside legal protection.”[16] It constitutes a grave human rights violation, often involving torture and inhumane treatment in the absence of any information about the individual’s fate.
Amnesty International notes that enforced disappearance is used to instill fear across society. The UN identifies three main elements of enforced disappearance: deprivation of liberty against one’s will, involvement of at least one state actor directly or indirectly, and refusal to acknowledge the deprivation of liberty or concealment of the person’s fate and location.[17]
Enforced disappearance is among the most serious human rights violations, breaching both international humanitarian law and human rights law, and in some cases may constitute a crime against humanity under the 1998 Rome Statute of the International Criminal Court.[18] It also violates fundamental individual rights, including:[19]
- Right to personal liberty and security: Jeopardized under enforced disappearance.
- Right not to be subjected to torture: Victims often face torture or cruel, inhuman treatment.
- Right to legal recognition: Disappeared individuals are denied recognition as legal persons, losing access to basic legal rights (International Covenant on Civil and Political Rights, 1966, Articles 6, 7, 9).
Despite this legal framework, there are clear gaps in Palestinian national law. Local legislation, including the Palestinian Basic Law and Criminal Procedure Code, does not address enforced disappearance during conflicts. No effective mechanisms exist to protect missing persons or their families.
Lawyer Mohammad Odeh highlighted that Palestinian legislation lacks specific provisions or clear procedures for dealing with missing or forcibly disappeared persons, leaving a legal vacuum. Current judicial processes rely on emergency petitions before competent judicial committees, which may result in a judicial declaration of death, but this path does not provide protection or accountability for the forcibly disappeared.[20]
In Gaza, anyone unaccounted for due to Israeli bombing, displacement, or incursion is considered missing if their body is not recovered, leaving their status as alive, dead, detained, or disappeared unknown.[21]
According to Salah Abdel Aty, head of the International Commission to Support Palestinian Rights (HCHAD), enforced disappearance by Israeli authorities constitutes a crime against humanity and a form of collective punishment, harming not only the disappeared but also their families who endure ongoing suffering due to the uncertainty of their fate.[22]
Maher Massoud emphasized the importance of international mechanisms, including the UN Committee on Enforced Disappearances, the International Criminal Court, and the Human Rights Committee, for investigating and documenting enforced disappearance cases. Effective documentation faces challenges such as restricted access, difficulty reaching victims or witnesses, and disrupted communication, complicating efforts to determine the fate of forcibly disappeared persons and hold perpetrators accountable.[23]
Legal Responsibility and International Obligations:
The Palestinian Authority, as the governing body and official representative of the Palestinian people, bears responsibility for protecting citizens’ rights and supporting victims of war and armed conflict. This responsibility is particularly critical in the aftermath of the October 2023 Israeli aggression on Gaza.
The Palestinian Authority has a clear legal and moral obligation to address the issue of missing and forcibly disappeared persons, requiring adherence to relevant international standards, including the Geneva Conventions and the International Covenant on Civil and Political Rights. Adopting these principles is necessary to ensure protection of affected individuals.[24] Although Palestine has not ratified the 2006 International Convention on Enforced Disappearances, its accession to the 1966 ICCPR imposes obligations to protect the right to personal liberty, including knowledge of missing persons, protection from arbitrary detention, and enforced disappearance.[25]
Practical implementation faces challenges due to political complexity, lack of resources, and technical capacities to document or investigate cases, compounded by internal division limiting coordination of rights-based efforts.
Despite these challenges, independent rights organizations such as Addameer and the Palestinian Center for Human Rights continue documenting enforced disappearance cases, gathering data from released prisoners, and providing legal support to affected families. However, the absence of a strong legal framework for comprehensive, transparent investigations remains a major challenge, especially in hard-to-reach areas.[26]
In the conflict, all parties, including Israeli forces and Palestinian factions, bear responsibility for protecting civilians. Targeting civilians or subjecting them to practices such as enforced disappearance is prohibited under international humanitarian law. Ongoing combat, however, creates a complex reality that hinders effective protection.[27]
Mohammad Odeh noted that Israel, as an occupying power, has a legal obligation to notify competent authorities such as the ICRC and families about any detention or disappearance. Israel systematically violates this obligation, detaining individuals on suspicion, often labeling them as “terrorists,” while refusing official communication with the Palestinian Authority or international human rights organizations. Advocacy for forcibly disappeared persons requires organized efforts beyond traditional statements, mobilizing state and international institution support and exerting real pressure on Israel, as the Palestinian Authority lacks legal or enforcement means to compel Israel to comply with international humanitarian law.[28]
Addressing enforced disappearance requires coordinated local and international efforts, including pressuring Israel to adhere to international humanitarian law. The Gaza field reality shows the absence of effective judicial mechanisms to hold perpetrators accountable locally or internationally. The gap between international legal standards and reality is exacerbated by political will deficiencies and weak implementation of international mechanisms, necessitating intensified political and diplomatic pressure, and activation of accountability tools through the ICC and UN instruments. Perpetrators can be prosecuted internationally through the ICC or under universal jurisdiction, requiring cooperation among states and human rights organizations to ensure justice.[29]
Recommendations for the Palestinian Authority to Address the Issue of Missing and Enforcedly Disappeared Persons:
The Palestinian Authority’s handling of the issue of missing and enforcedly disappeared persons in the Gaza Strip during the genocide experienced in the October 2023 war requires a multi-dimensional approach encompassing humanitarian, legal, and social aspects. In the context of this major humanitarian crime, the Palestinian Authority can take a set of important measures to follow up on this issue and address it on multiple levels:
- Enact Binding National Legislation
Issue a specific law to protect missing and forcibly disappeared persons that regulates reporting mechanisms, search and documentation procedures, and accountability measures, and enshrines the right of families to know the fate of their loved ones and obtain justice. This law should align with relevant international treaties and strengthen the local human rights framework. - Establish a Unified National Database
Create a centralized system to document cases of enforced disappearance, gathering accurate data and verified testimonies in cooperation with families and local and international human rights organizations, under the supervision of international bodies such as the International Committee of the Red Cross to ensure transparency and credibility. - Form a Permanent National Committee
Establish a specialized committee including representatives from government institutions and civil society, responsible for following up on the issue, coordinating with relevant parties, and issuing periodic reports on developments. - Enhance International Cooperation and Justice Pathways
Strengthen partnerships with international organizations, such as the United Nations and human rights groups, to document violations and demand independent international investigations, and work on referring these crimes to competent criminal courts to ensure accountability. - Launch an Effective Media and Diplomatic Campaign
Activate the role of local and international media to convey the suffering of families and highlight the humanitarian dimensions of the issue, alongside diplomatic efforts to mobilize international support and request UN reports documenting cases of disappearance. - Protect and Support the Rights of Affected Families
Provide official channels for reporting and inquiring about the fate of missing persons, and offer psychological, social, and legal support to families through specialized governmental or community programs. - Ensure Transparency and Information Availability
Issue regular official reports highlighting the numbers of missing persons and the results of investigations, and use media platforms to raise awareness of the rights of affected families and their legitimate demands. - Unify National Efforts
Coordinate efforts among official institutions, political factions, and human rights organizations domestically and abroad to form a unified front demanding the disclosure of the fate of missing persons and accountability for those responsible for these crimes.
References:
[1] Palestinian Central Bureau of Statistics, https://www.pcbs.gov.ps/site/lang__ar/1405/Default.aspx?utm_source=chatgpt.com
[2] Ibid.
[3] United Nations Office for the Coordination of Humanitarian Affairs (OCHA), 2024, Humanitarian Updates on the Gaza Strip
[4] Palestinian Center for Missing and Enforcedly Disappeared Persons
[5] Addameer Prisoner Support and Human Rights Association, 30 August 2024, https://www.addameer.org/es/node/5397
[6] Facebook Post, 25-2-2025, https://www.facebook.com/share/p/164m4cpMBp/
[7] Euro-Mediterranean Human Rights Monitor, 10 April 2024, “13,000 Palestinians Listed as Missing in Gaza” https://euromedmonitor.org/ar/article/6262/13-ألف-فلسطيني-في-عداد-المفقودين-في-قطاع-غزة
[8] Sharshara, Abdullah & Abu Rakba, Talal, 2024, Report on Enforced Disappearances in Gaza since 7 October 2023
[9] Al-Manar Channel, 16 November 2024, “Enforced Disappearances in Gaza between Secret Prisons and Anonymous Graves” https://www.almanar.com.lb/9970359
[10] Human Rights Watch, Gaza: “Illegal Fighters Law” Violates Rights, Press Release, 1 March 2017, https://www.hrw.org/ar/news/2017/03/01/300606
[11] Ibid.
[12] Addameer, https://www.addameer.org/ar/statistics/2025/04
[13] International Committee of the Red Cross, 1949, The Four Geneva Conventions of 1949 and the Two Additional Protocols of 1977
[14] Ibid.
[15] Humanitarian Law Guide, The Missing and the Dead
[16] United Nations, 2006, International Convention for the Protection of All Persons from Enforced Disappearance
[17] Amnesty International Reports and Analyses on Enforced Disappearances
[18] International Criminal Court, 1998, Rome Statute of the International Criminal Court
[19] Ibid., Convention on Enforced Disappearance
[20] Phone interview, Lawyer and Legal Consultant Muhammad Odeh, 27 April 2025
[21] Ibid., Palestinian Center for Missing and Enforcedly Disappeared Persons
[22] Legal Expert for Falesteen Online, “Enforced Disappearance as Collective Punishment and Crimes Against Humanity” https://felesteen.news/post/154805
[23] Interview with Maher Massoud, PhD Researcher at TSUL University, 27 April 2025
[24] UN Human Rights Office of the High Commissioner, 1966, International Covenant on Civil and Political Rights
[25] United Nations, 1966, International Covenant on Civil and Political Rights
[26] Al-Tanani, A., 12 January 2025, “Uncountable Souls: Missing Persons in Gaza between Lack of Documentation and Unknown Fate,” Noon Post, https://www.noonpost.com/285352/
[27] Ibid., Geneva Conventions
[28] Ibid., Interview with Muhammad Odeh
[29] Ibid., Interview with Maher Massoud
