[News] An open wound: Palestinian families devastated after the Israeli cabinet’s decision to retain bodies of killed relatives

[Anti-Imperialist News]

https://qudsnen.co/an-open-wound-palestinian-families-devastated-after-the-israeli-cabinets-decision-to-retain-bodies-of-killed-relatives/


AN OPEN WOUND: PALESTINIAN FAMILIES DEVASTATED AFTER THE ISRAELI
CABINET’S DECISION TO RETAIN BODIES OF KILLED RELATIVES

Qassam Muaddi- September 4, 2020 
-------------------------

When 38-year-old Fadi Samarah drove his car, last May, to his
parents-in-law's house in order to pick up his wife and their five
children, no one in his family thought that he wasn't going to make it
to his destination alive, or dead. 

Fadi Samarah was shot by Israeli soldiers [1] at a checkpoint near
Ramallah, in the occupied West Bank. The occupation army said later that
he tried to run-over their soldiers, while his family denied it,
affirming that he was on his way to his wife and children. Either way,
while no occupation soldiers were hurt and when none of them was in
danger, Fadi Samarah was left to bleed and die. The occupation forces
then took his body and never gave it back to his family. 

Last Wednesday, the 'Israeli' cabinet approved [2]the proposal made by
its minister of war, Benny Gantz, deciding not to release any of the
retained bodies of killed Palestinians, like Fadi Samarah. In 2017, the
occupation government had made the same decision, but the 'Israeli' high
court did not approve it entirely. Instead, the court ruled that only
the bodies of Palestinians who belonged to Hamas, or of those who were
killed while attacking the occupation, would not qualify to be released.
But yesterday's decision erases any distinction, as it affirms the
occupation's with-hold of the bodies of all killed and retained
Palestinians, regardless of their political background or the context of
their death. 

Un-ended grieving 

To Samarah's family, the news is devastating; " This is a very painful
moment. We had hoped that we would eventually be able to bury Fadi and
we have been waiting for months", says Fadi's brother, Eyad. "To us, it
is very important to honor our dead by giving them burial. Unless we do,
we can not finish our grieving and overcome the loss". 

The Samarah family is one of the 66 Palestinian families who have joined
their efforts for the past five years, launching an advocacy campaign to
claim back the bodies of their beloved ones from the occupation's hands.
Mohammad Abu Sneinah, the campaign's lawyer, affirms that the occupation
cabinet's decision is "weak from a legal perspective". According to Abu
Sneinah; "the decision relies on an old British mandate law that allowed
the army to retain a body, for purposes of investigation. But the
'Israeli' occupation expanded the old British law, allowing retention of
bodies for negotiation purposes, which can legally fall out in the
court". 

Bargain on the dead 

A negotiation with Hamas, by which 'Israel' hopes to bring back its four
soldiers retained by the Palestinian resistance since the 2014 Israeli
attack on Gaza. 'Israel' has maintained its claim that its captured
soldiers are dead, which means that bodies of killed Palestinians are a
bargaining tool for 'Israel', to avoid the release of living Palestinian
prisoners in any coming deal with Hamas. 

But for Eyad Samarah; "the retention of a dead body is more painful for
families because "unlike a living prisoner, a dead one is an open wound
that the family needs to close". Last November, the Israeli human rights
organization B'tselem described [3]the retention of Palestinian bodies
by the occupation forces a "contemptible policy", affirming that the
retention of the bodies as tools of negotiation is being allowed by the
'Israelه' high court itself. 

Collective punishment 

"It is a minute by minute suffering", points out Eyad Samarah,
describing the impact of his brother's body retention on his family. "My
mother is the most affected among us. Whenever she opens the fridge she
breaks into tears saying that her son is being kept in a fridge". To
Eyad, "the occupation not only killed my brother but is torturing us
daily". Legally, Mohammad Abu Sneinah affirms that "the retention of
bodies constitutes a form of collective punishment and amounts to a war
crime". 

For Abu Sneinah, "In addition to negotiating a swap deal with Hamas,
this decision could be related to the coming 'Israeli' elections, where
both Gantz and Netanyahu want to satisfy the 'Israeli' right-wing
public". But Eyad Samarah thinks that "the occupation wants to repress
the Palestinian people by making as many people as possible suffer. This
is about repression and vengeance". 

People need to know… 

Despite the blow received from the Israeli decision, Palestinian
families plan to continue their struggle. "When they use this decision
to retain a body, we will appeal, and take the case to the 'Israeli'
high court" explains Mohammad Abu Sneuinah; "The decision is weak, as I
said, but it doesn't necessarily mean that it will be ruled out". 

Eyad Samarah takes this skepticism further; "Although we continue our
legal struggle, we don't trust the 'Israeli' judicial system. There has
to be pressure in the street, in Palestine, and in the world". Mohamad
Abu Sneinah shares the same call; "People everywhere need to know and
acknowledge that 'Israel' is the only state in the world where the
retention of dead bodies to bargain on them is allowed by law, and they
have to mobilize and protest", he affirms, "after all, its is the
silence towards these crimes that allow the occupation to continue
them". 

  

Links:
------
[1]
https://qudsnen.co/in-video-israeli-forces-kill-man-wound-another-with-down-syndrome-in-nabi-saleh/
[2]
https://www.middleeasteye.net/news/israel-palestine-cabinet-policy-withhold-bodies-confiscation
[3]
https://www.btselem.org/routine_founded_on_violence/20191117_they_took_his_soul_they_can_at_least_give_me_his_body_back?fbclid=IwAR2EfqdTVIZkjiDHNvQUcErBF1h3ZE7SF4gWakPcNZnLq6ZkPv1m1jof3fc
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