Israeli Court Upholds Withholding of Palestinian Boy's Body for Use in Future Negotiations
The ruling, delivered on July 31, 2025, allows the Israeli military to retain the child's remains indefinitely as a potential bargaining chip in future negotiations with Hamas, despite serious concerns about the legality and morality of the practice under both domestic and international law.
14-year-old Wadia Shadi Sa'd Elyan is a Palestinian boy from occupied Jerusalem who was fatally shot by Israeli forces in February 5 2024 near the Israeli settlement of Ma'ale Adumim in the occupied West Bank.
While Israeli authorities allege he was attempting to carry out a stabbing attack against a police officer, video footage cited in court appears to contradict this narrative. The footage, submitted by the boy's family, reportedly shows Wadia being shot from behind as he ran away, and then fatally shot again while lying motionless on the ground.
For over 18 months, Israeli authorities have refused to return Elyan's body to his family for burial. The Court accepted Israeli argument that his remains may be used as leverage in future prisoner exchange negotiations with Hamas, referencing classified security information and relying on the authority of the military commander to order a temporary burial.
The decision drew strong condemnation from Adalah, the Legal Center for Arab Minority Rights in Israel, which represented Wadia's family in a petition filed in July 2024.
Adalah argued that the prolonged withholding of the child's body is a clear violation of the right to dignity, both for the deceased and his relatives, as enshrined in international human rights and humanitarian law, as well as prior rulings by the Israeli Supreme Court itself.
'This is a grave violation of international law that further entrenches the systemic use of deceased Palestinian bodies as political leverage,' said Adalah attorney Nareman Shehadeh-Zoabi during the July 3, 2025 court hearing. 'It permits the denial of children's most fundamental rights—even in death.'
Adalah also criticized the Israel's legal basis for the withholding, which relies on Emergency Regulations enacted under British Mandate rule in 1945, calling the justification 'legally unfounded' and outdated.
The ruling reflects a broader policy employed by Israeli authorities to withhold the bodies of Palestinians, both from the occupied territories and within Israel, as part of its security strategy.
According to Defense for Children International – Palestine, as of February 2025, Israel is withholding the bodies of more than 45 Palestinian minors. The Jerusalem Legal Aid and Human Rights Center (JLAC) reports that a total of 668 Palestinian bodies remain withheld as of May 2025.
Human rights groups have condemned this policy as deeply inhumane and contrary to international norms. Families are often denied the right to bury their loved ones in accordance with their religious and cultural practices, prolonging grief and imposing psychological suffering.
Adalah issued a statement condemning the Supreme Court's ruling, stating: '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. This decision normalizes brutal policies that dehumanize Palestinians, deny children respect in death, and inflict profound suffering on their families.'
The ruling adds to the growing scrutiny of Israel's handling of the remains of Palestinians killed by its forces, a practice critics argue not only violates legal obligations but also reflects broader patterns of systemic dehumanization.
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