Palestinian Family Denied Burial as Israel Keeps Teen's Body for Negotiations

Israel's Supreme Court has upheld the state's decision to continue withholding the body of a 14-year-old Palestinian boy killed by Israeli forces last year, drawing sharp criticism from human rights organizations who say the policy violates international law and strips families of dignity in mourning.

The ruling, issued on July 31, concerns Wadia Shadi Sa'd Elyan, a resident of occupied East Jerusalem. Elyan was shot and killed on February 5, 2024, near the West Bank settlement of Ma'ale Adumim. Israeli authorities alleged he attempted a stabbing attack, but footage presented by his family appears to show him being shot while fleeing and then struck again as he lay motionless.

Despite repeated appeals, Elyan's body has been withheld for more than 18 months. His parents, represented by the legal rights group Adalah, petitioned for his release in July 2024, arguing that the practice amounts to a serious breach of both Israeli and international law.

"This prolonged withholding of Wadia's body is a grave violation of the family's rights and the child's dignity in death," said Adalah attorney Nareman Shehadeh-Zoabi during a July 3 hearing.

The state defended its stance using Emergency Regulations dating back to the British Mandate, which grant wide powers to military commanders. The court accepted the state's reliance on classified security assessments, effectively enabling the boy's remains to be held as leverage in possible prisoner exchanges with Hamas.

Rights groups have condemned the decision, saying it entrenches a broader Israeli policy of denying Palestinian families the right to bury their loved ones. Adalah called the ruling "a normalization of policies that dehumanize Palestinians and trample basic principles of humanity."

The practice extends well beyond Elyan's case. Defense for Children International - Palestine reported earlier this year that Israel was withholding the bodies of at least 45 Palestinian minors, while the Jerusalem Legal Aid and Human Rights Center estimated a total of 668 Palestinians' remains were being held as of May.

For Elyan's family, the court's ruling compounds their grief. More than a year and a half after his killing, they remain unable to carry out what they consider a fundamental act of dignity: burying their child.