Israel’s highest court permits keeping Palestinian teen’s body as a ‘negotiation tool’
A rights group claims the prolonged withholding of the teen’s body breaches both Israeli and international law, violating the rights and dignity of the deceased and his family.
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Israel’s top court allows withholding of Palestinian teen’s body as ‘bargaining chip’
Since Elyan’s killing on February 5, 2024, his body has remained in Israeli custody. — Photo: Adalah / User Upload
August 15, 2025
Israel’s Supreme Court has ruled in favor of keeping the body of 14-year-old Palestinian Wadia Shadi Sa’d Elyan, killed by Israeli forces in February 2024, allowing it to be held as a bargaining tool in potential prisoner swaps with Hamas.
In a July 31, 2025 decision, the court accepted the state’s position, permitting authorities to retain the East Jerusalem teen’s body for over 18 months after his death, according to Adalah, the Legal Center for Arab Minority Rights in Israel.
Officials claim Elyan was shot after attempting to stab a police officer near Ma’ale Adumim in the occupied West Bank.
However, video evidence — including footage from his family — appears to show him shot from behind while running away, then shot again as he lay still on the ground.
The court referenced classified evidence and ruled that the military commander had the authority to keep the remains and authorize a temporary burial.
