The recent Gaza cease-fire agreement hinged on a crucial exchange: Hamas released all surviving hostages in Gaza and committed to returning the remains of deceased captives, while Israel, in turn, freed nearly 2,000 Palestinian prisoners.
While significant attention was paid to the 250 Palestinians convicted for their roles in violent attacks, the majority of those released were Gaza residents. These individuals had been held by Israel without formal charges or trial throughout the two-year conflict, with the Israeli military stating their detention was part of operations to search for militants.
Since the Gaza war erupted with the Hamas-led attack on October 7, 2023, the Palestinian prison population in Israel has dramatically increased, more than doubling its numbers. Before the cease-fire, over 11,000 Palestinians were held, as reported by HaMoked, an Israeli human rights organization. Following the recent prisoner swap, approximately 9,000 individuals still remain in Israeli custody.
Throughout the conflict, Israeli forces apprehended thousands of men, women, and children across Gaza – at checkpoints, within their homes, in shelters, hospitals, and even at humanitarian aid distribution points. Human rights groups and Palestinian accounts suggest that Israel frequently held these individuals incommunicado for extended periods, a practice that UN officials have identified as a form of forced disappearance.
Beyond Gaza, thousands more Palestinians were detained by Israel in the occupied West Bank during the war, with authorities asserting these actions targeted militants.
Both Israeli and international human rights organizations, alongside the United Nations, have asserted that Israel has consistently infringed upon detainees’ rights. This includes holding individuals without charge, in secrecy, and under degrading conditions. The Palestinian Prisoners Society reports that over 75 detainees have died in Israeli custody since the conflict began.
Conversely, Israel maintains that all Palestinian prisoners are treated in full compliance with international standards.
Here’s a closer look at the different categories of Palestinians who were part of the recent release.
Palestinians Sentenced for Violent Offenses
Among the 1,968 Palestinians released, 250 had been serving lengthy sentences, many for life, after being convicted of participating in violent attacks against Israelis. The majority were serving life sentences.
The Palestinian Prisoners Society confirmed that eight of these individuals returned to Gaza, and 88 went back to the West Bank or East Jerusalem. However, 154 were deported by Israel, a measure explained by the authorities as a preventative step to avoid them being hailed as figures of resistance against Israeli occupation.
One of the 250 freed was Ali Abdel Latif Mustafa Sais, from the Jenin refugee camp in the West Bank. He had been serving a life sentence since his arrest in October 2005, according to Israel’s justice ministry.
Israeli prosecutors alleged that Mr. Sais was a member of the Al-Aqsa Martyrs Brigades, a militant group associated with Fatah, the dominant Palestinian faction in the West Bank. He was accused of involvement in planning an attempted suicide bombing within Israel, though he consistently denied any militant activity.
His return to Jenin was met with public celebrations.
The deported individuals were sent to Egypt. An official Palestinian commission overseeing prisoner affairs stated they are currently housed in a Cairo hotel under guard for their protection.
The commission also noted that these individuals do not yet possess passports, and their long-term relocation to other countries remains uncertain.
Imad Qawasmeh, originally from Hebron in the West Bank, was another deportee. Israeli court filings identified him as a Hamas commander.
According to Israel’s foreign ministry, Qawasmeh pleaded guilty as part of a deal and was serving 16 life sentences. He had been convicted of orchestrating a double suicide bombing on a bus in Beersheba in August 2004, an attack that resulted in the deaths of 16 Israelis.
Basem Khandaqji, a writer from Nablus in the West Bank, was also among the exiled former prisoners. Israeli prosecutors attributed to him a role in a 2004 suicide bombing at an outdoor market in Tel Aviv, which claimed three Israeli lives and injured 53 others, leading to his sentence of three life terms.
His publisher noted that the Popular Front for the Liberation of Palestine, an armed Palestinian faction, claimed responsibility for the attack, while Khandaqji maintained his innocence against the charges.
During his incarceration, Mr. Khandaqji emerged as a notable literary figure, producing several novels and poetry collections, according to his publisher.
In 2024, he was awarded the International Prize for Arabic Fiction—often referred to as the Arab world’s Booker Prize equivalent—for his novel “A Mask, the Color of the Sky.”
Gazans Held Without Charge During the War
The overwhelming majority of the recently released Palestinians, totaling 1,718 individuals, were initially detained in Gaza throughout the duration of the conflict.
Israel claimed that all these individuals were suspected of militant activity, classifying them as “unlawful combatants.” Human rights organizations argue that this classification effectively denied them fundamental due process and fair trial rights under Israeli law.
Critics among Palestinians have expressed concerns about Israel’s motivations, pointing out that many detainees never faced formal charges in Israeli courts. Some suggest that Israel held these prisoners, at least in part, as leverage for future hostage exchanges with Hamas.
These detentions occurred in various circumstances: some individuals were apprehended at Israeli checkpoints along evacuation routes designated for Gazans, while others were arrested during military operations.
Disturbingly, human rights groups reported the arrest of hundreds of medical personnel, often after Israeli forces had surrounded and attacked hospitals.
One notable case is Dr. Ahmed Muhanna, director of Al-Awda Hospital in northern Gaza, who was detained in December 2023 when Israeli forces laid siege to the hospital for almost two weeks. After 22 months in custody, he was finally released this month, as confirmed by ActionAid, an organization supporting the hospital.
Tragically, his colleague, Dr. Adnan Ahmad Albursh, also detained in December 2023, later died while in Israeli custody, according to reports from Palestinian officials and human rights groups.
Fatalities in Detention
With the surge in Palestinian detainees during the war, there has been a corresponding rise in accusations of abuse. The Palestinian Prisoners Society states that at least 78 detained Palestinians have died since the conflict began, a figure the Israeli military has acknowledged.
A 2024 investigation by The New York Times uncovered that Palestinian civilians were held at an army base in profoundly demeaning conditions, denied access to legal representation for months and unable to present their cases to a judge. Legal experts have argued that these conditions constitute violations of international law.
Accounts from former detainees and their relatives, interviewed by The Times, describe Palestinian prisoners from Gaza being subjected to stripping, beatings, intense interrogation, and prolonged periods of incommunicado detention.
The Israeli military has, however, refuted claims of “systematic abuse” at the base, characterizing the accusations as “inaccurate or completely unfounded.”
Ahmad Hatem Mohammed Khdeirat, a 22-year-old from the West Bank town of al-Dhahiriya, represents the most recent Palestinian fatality in Israeli detention. He passed away on October 7 this year in an Israeli hospital. Palestinian prisoner advocacy groups allege that his death was a result of medical neglect by Israeli authorities.
Requests for comment regarding Khdeirat’s death from the Israeli military and prison authorities went unanswered.
Mr. Khdeirat, who suffered from diabetes, was arrested in May 2024 and held without charge under administrative detention, a measure frequently applied to Palestinians in Israel.
Returning Deceased Prisoners
A specific clause in the cease-fire agreement stipulated that Israel would release the bodies of 15 deceased Palestinian prisoners for each deceased Israeli hostage returned by Hamas.
To date, Israel has handed over the bodies of nearly 200 deceased Palestinians.
Dr. Ahmed Dheir, a senior forensic specialist at Nasser Hospital, noted that many of the bodies returned to Gaza exhibited signs of traumatic injuries. All were unidentified, bearing only a number assigned by Israel.
The Israeli military stated that these deceased Palestinians were combatants during the fighting in Gaza, although The New York Times was unable to independently verify this assertion.
Additional reporting was provided by Adam Rasgon, Johnatan Reiss, Fatima AbdulKarim, and Rania Khaled.