HAIFA, November 13, 2017 (WAFA) – Israeli Public Security Minister Gilad Erdan’s proposed law conditioning return of bodies on families‘ agreement to police-imposed funeral restrictions politicizes humanitarian issue and violates international law, the rights group, Adalah, said on Monday.

Erdan is proposing a new law that would allow Israeli police to hold bodies of Palestinians killed by Israel until families of the deceased agree to police-imposed restrictions on funeral arrangements.

Erdan‘s move comes in the wake of a precedent-setting ruling the Israeli Supreme Court made this past July on a petition filed by Adalah – The Legal Center for Arab Minority Rights in Israel that the Israeli police has no legal authority to hold bodies or conditions their return upon a family‘s agreement to funeral restrictions.

“The holding of bodies and prevention of immediate burial is a violation of both Israeli and international law. The Israeli Supreme Court ruled in a precedent-setting decision four months ago that the holding of bodies and conditioning their return constitute a severe insult to human dignity,” said Adalah in a statement in response to Erdan’s proposed law.

"The United Nations Committee Against Torture has ruled that Israel is forbidden to hold and negotiate the terms of the return of bodies of Palestinians. There is nothing in constitutional or human rights law anywhere in the world that resembles Erdan‘s proposed legislation,” it said.

"The only circumstance in which it is permitted to hold bodies is when the conditions of ongoing warfare do not permit their safe transfer. However, states are obligated to immediately return the bodies of casualties the moment a cease-fire goes into effect.”

Adalah said that "Minister Erdan‘s proposed law politicizes a humanitarian issue,” calling on Israeli Attorney General Avichai Mandelblit “to vigorously oppose this bill.”

M.K.