Letter To the Parliaments and gouvernements
We write to express our grave concern regarding recent announcements by the Israeli authorities relating to what has been described as “organ donation,” in circumstances that raise serious legal, ethical, and humanitarian concerns under international law.
These announcements cannot be viewed in isolation. They must be assessed against a longstanding and well-documented practice of withholding the bodies of deceased Palestinians, including detainees and individuals killed in hostilities, often for prolonged periods. In many cases, remains have been returned under conditions that preclude independent forensic examination, while families and impartial medical institutions have been denied access to conduct transparent and credible autopsies.
Such circumstances give rise to credible concerns regarding possible unlawful interference with human remains, including the potential removal of organs or tissue, in violation of international humanitarian law, international human rights law, and universally accepted standards of medical ethics. These concerns are exacerbated by the absence of verifiable consent, documentation, traceability mechanisms, and independent oversight.
For decades, Palestinians, particularly detainees and deceased persons, have been subjected to serious violations, including enforced disappearance, ill-treatment, torture in detention, and denial of medical transparency. These concerns have intensified during the ongoing armed conflict in Gaza since October 2023, further heightening the urgency of independent scrutiny and accountability.
International humanitarian law, including the Geneva Conventions and customary international law, imposes clear obligations on occupying powers to respect the dignity of protected persons, including the dead. Any form of mutilation, despoliation, or unlawful interference with human remains is strictly prohibited. Moreover, post-mortem organ procurement is permissible only within strict legal and ethical frameworks requiring free and informed consent, transparency, traceability, and independent oversight.
Silence or inaction in the face of allegations of this gravity risks contributing to impunity and undermining the international legal order that the European Union has repeatedly committed itself to uphold.
In light of the above, we respectfully urge the European Parliament to:
- Condemn any policy or practice relating to the removal or use of human organs or tissue in contexts of occupation, detention, or armed conflict where independent verification and legal safeguards are absent;
- Call for an independent, transparent, and international investigation under United Nations auspices into allegations of unlawful interference with human remains;
- Demand the immediate preservation of all relevant evidence and unhindered access for independent forensic experts;
- Ensure accountability, in accordance with applicable domestic and international legal frameworks, including relevant principles of extraterritorial jurisdiction;
- Review and, where legally available, condition or suspend forms of cooperation that risk contributing to serious violations of international humanitarian law; and
- Affirm the rights of families to truth, dignity, identification, prompt return of remains, and access to independent medical and forensic review.
We trust that the Parliament will act consistently with its foundational commitment to human dignity, the rule of law, and the protection of fundamental rights, without exception or selectivity.
Please accept the assurances of our highest consideration and respect.
Geneva Centre for Democracy and Human Rights – Geneva
International Justice Forum – Istanbul
International Union of Jurists – Geneva Branch