Israel's Supreme Court has upheld the state's continued withholding of the body of a 14-year-old Palestinian boy killed by Israeli forces in February 2024, allowing authorities to use it as a bargaining chip in future prisoner exchange negotiations with Hamas.
In a ruling issued on July 31, 2025, the court backed the state's position that the body of Wadia Shadi Sa'd Elyan, a resident of occupied East Jerusalem, can remain in Israeli custody more than 18 months after his death, Adalah, the Legal Center for Arab Minority Rights in Israel, said in a statement.
Israeli authorities say Elyan was shot during an alleged stabbing attempt against a police officer near the settlement of Ma'ale Adumim in the occupied West Bank.
However, video footage — including material submitted by his family — appears to show him being shot from behind while fleeing, and later shot again as he lay motionless on the road.
Since his killing on February 5, 2024, his body has not been returned to his family for burial.
The court cited classified evidence in its decision and said the military commander had the authority to order the continued withholding of the remains and to approve a temporary burial.
The petition against the policy was filed in July 2024 by Adalah on behalf of Elyan's parents. Adalah argued that the prolonged withholding violates both Israeli and international law, as well as the rights and dignity of the deceased and his family.
"This year-and-a-half-long withholding of Wadia's body constitutes a grave violation of the family's rights and the child's dignity in death," Adalah attorney Nareman Shehadeh-Zoabi told the court on July 3.
The group also challenged the state's reliance on British Mandate-era Emergency Regulations of 1945 to justify the measure.
Adalah condemned the court's decision, saying it “"entrenches a grave violation of international law and basic humanity" and "normalizes brutal policies that dehumanize Palestinians".
Rights groups say the ruling reflects a broader practice. Defense for Children International – Palestine reported that as of February 2025, Israel was withholding the bodies of more than 45 Palestinian children.
The Jerusalem Legal Aid and Human Rights Center says a total of 668 Palestinian bodies were being held as of May this year.
