on Prisoners and Detainees Inside Israel

Among the Lebanese who have never been charged or tried are two prominent Shi'a leaders, Sheikh Abd al-Karim Obeid and Mustafa al-Dirani, who were abducted from their homes in 1989 and 1994 respectively, and have since been held incommunicado. Officials of past Israeli governments have conditioned the release of these two leaders on the release of, or the acquisition of information about, Israeli service persons missing in Lebanon (MIAs). Israeli officials also indicated more generally that the release of other Lebanese detainees was linked to the issue of Israeli MIAs. In holding detainees in this fashion, Israel has failed to place them under any regime of legal protection, either under humanitarian or international human rights law. Moreover, the transport by Israel of these detainees across international borders has complicated the issue of family visits, which are at best infrequent and in some cases nonexistent.

The prohibition of hostage-taking is absolute and cannot be justified by the actions of other parties to a conflict. Insofar as Israel conditions the release of Lebanese detainees on securing information from third parties about Israeli MIAs, those detainees are being held as hostages. Human Rights Watch calls on the Commission to urge their unconditional release or that they be charged immediately with recognizable criminal offences and afforded a trial with full due-process guarantees.

Where a detainee's family visits have been rendered difficult or impossible owing to restrictions on travel between Israel and Lebanon, the Commission should encourage the Governments of Israel and Lebanon to cooperate in facilitating these visits. Israel must also end the incommunicado detention of detainees, including Obeid and al-Dirani, and allow visits to them by relatives, lawyers, and/or non-governmental organizations.62