Negotiations over the second phase of the ceasefire set to begin

Release of civilian hostages and arbitrarily detained Palestinians must be immediate and not hinge on ceasefire negotiations

‘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’ - Erika Guevara Rosas

Responding to the first phase of the hostage-prisoner swap deal drawing to a close, Erika Guevara Rosas, Amnesty International’s Senior Director for Research, Advocacy, Policy and Campaigns, said:

“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.

“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.

"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.

“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.

“Israel and Hamas must release all unlawfully held individuals - immediately - regardless of the outcome of political negotiations over phase two of the ceasefire.”

Civilian hostages

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.

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. 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. 

Palestinian detainees

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.

Palestinian detainees released during the ceasefire deal have also emerged from detention looking gaunt and bearing signs of torture and other ill-treatment. Amnesty 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.

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.