IDF Statement Regarding the Number of Illegal Fighters Held by the IDF

Contrary to the claims presented to us, most of the suspects brought to Israel were found, after interrogation and examination, to be involved in terrorist activity. Therefore, internment orders were issued against them, defining them as unlawful combatants, and they were brought before a judge, all in accordance with the law. Those who were not found to be involved in terrorist activities were not classified as unlawful combatants and were released back to the Gaza St.

The data presented for our reference and upon which the article is based contains numerous inaccuracies, and the claims made in the article reflect a misunderstanding of the detention procedures in Israel. Since October 7, 2023, the IDF has been engaged in extensive hostilities against terrorist organizations in Gaza, whose members are embedded within the civilian population and typically disguise themselves as civilians. IDF forces are required to detain suspects in the field, either based on existing intelligence or due to reasonable suspicion arising from the circumstances of their apprehension, and examine who among them is involved in terrorist activity. 

The IDF conducts serious verification and examination processes regarding detainees in its custody, and will continue to act in accordance with both Israeli and international law. The IDF categorically rejects claims of arbitrary detentions.

*Additional Details:*

Prior to the issuance of a permanent internment order, and as part of the standard process, a temporary detention order is issued for the detainee under the Unlawful Combatants Law, allowing for their detention for a limited period during which investigation and assessment take place. During this time, it is not yet determined whether the individual qualifies as an unlawful combatant. Only if the individual is found to meet the criteria and pose a security threat, a permanent internement order would be issued under this law.

Every person held under a permanent internment order undergoes judicial review before a District Court judge after the order is issued, and again every six months as long as they remain in detention.

It appears that the figure of 6,000 detainees mentioned in the claims presented to us also includes individuals for whom only temporary detention orders were issued, based on the mistaken assumption that all were declared unlawful combatants. However, a temporary detention order only reflects suspicion and serves as a limited and temporary measure for the purpose of investigation and assessment, rather than classifying a person as an unlawful combatant.

The fact that some detainees were released during the temporary detention period does not indicate that their detentions were unjustified in the first place. Rather, it demonstrates that the IDF conducts a thorough review process, resulting in the release of those for whom no grounds for continued detention exist.

As of May, approximately 2,750 detainees were being held under permanent internment orders pursuant to the Unlawful Combatants Law (most are held in Israeli Prison Service facilities). These individuals underwent the aforementioned assessment process and were found to be involved in terrorist activity. Others are detained as part of the criminal law framework, in accordance with the law. Most of those held under the unlawful combatants  law are members of terrorist organizations, while others were involved in terrorist activity without being affiliated with a specific group. Approximately 1,050 additional unlawful combatants were returned to the Gaza Strip as part of the hostage return framework. Therefore, the claim that only 1,450 of the detainees were found to be involved in terrorism and classified as unlawful combatants is incorrect.

The detainees receive appropriate medical care, which includes an examination by a doctor upon admission to the detention facility and regular medical check-ups to monitor their condition. If necessary, detainees are transferred to hospitals for treatment. Detainees who require medical supervision may be held together in order to facilitate access and care by the medical staff.

It should be understood that individuals with medical conditions or even disabilities can still be involved in terrorism. For example, the former head of Hamas’s military wing, Mohammed Deif, who commanded the October 7 attack and Hamas' military effort during the war until his death, had significant physical disabilities. Currently, only a few detainees in military detention facilities require medical treatment, and there is a general preference to transfer such individuals to the Israel Prison Service.

Regarding Faheema Saeed Al-Kaldi Khalil: she was arrested by IDF forces and released 20 months ago after being held under a temporary detention order (not a permanent one) under the Unlawful Combatants Law. Therefore, the claim that she was classified as an "unlawful combatant" under Israeli law is incorrect. She was held for 24 hours in a military detention facility before being transferred to the Israel Prison Service, and was returned to Gaza on January 19, 2024. Her detention was based on specific intelligence concerning her personally; however, in light of her current condition, the detention was not appropriate and was the result of a local, isolated error in judgment. It is emphasized that this was a very exceptional case, not representative of broader procedures. Lessons were learned as a result, and specific guidance regarding the detention of elderly individuals was reiterated several times during the war.

As for the other individuals mentioned in the article, insufficient identifying details were provided to locate the specific cases and provide a response. If the editorial team can provide identifying details such as full names and ID numbers, the cases will be reviewed again.