Position Paper: Enforced Disappearances of Gaza Residents in Detention

The paper examines cases of Gaza residents who disappeared after being detained by Israeli forces and whose fate or whereabouts remain unknown. Based on approximately 5,400 tracing requests handled by HaMoked since October 2023, the paper identifies a troubling pattern that raises serious concerns of enforced disappearances in Israeli custody.

In 1,848 cases, Israeli authorities stated there was “no indication” the person had been arrested or detained, despite eyewitness testimonies in many cases. HaMoked challenged these responses in 114 habeas corpus petitions before the HCJ; in 38 cases, the Court accepted the State’s position that there was no indication of arrest, and the fate and whereabouts of these individuals remain unknown. The paper argues that deficiencies in detainee registration, failures in information transfer, and the lack of meaningful investigations reflect a broader failure to prevent enforced disappearances, in violation of international law.