Opinion on ICRC Access to All Places of Detention Where Protected Persons Are Present

ICRC visits and interviews with detainees without witnesses perform a critical protective function in situations of armed conflict and occupation.

Refusal to grant ICRC access to places where protected persons are detained not only amounts to a violation of international humanitarian law (IHL), it also raises serious concern of ill-treatment and improper conditions of detention.

This publication provides an explanation of the legal basis for ICRC access to places where Palestinians apprehended in Gaza or the West Bank are detained by Israel. It also highlights the complementarity of the ICRC’s mandate and that of protecting powers or their substitutes, should they be appointed.

COVER PHOTO: Wahaj Bani Moufleh/ActiveStills Photo Collective (Palestinian prisoners' release, Ramallah, West Bank, NOvember 2023). All Rights Reserved.