The body of the terrorist Walid Daqqah will not be returned until the hostages detained in Hamas captivity are freed, Israel's High Court ruled on Monday.
The court ruled that this decision did not exceed the bounds of reasonableness and proportionality, and therefore, there was no cause for judicial intervention.
Walid Daqqah was convicted in 1987 for his role as the leader of a terrorist cell responsible for the kidnapping and murder of Israeli soldier Moshe Tamam. Daqqah, an Israeli citizen, was sentenced to life imprisonment, later reduced to 37 years. While serving his sentence, Daqqah was convicted of an additional security offense for attempting to smuggle a phone into prison, for which he was sentenced to an additional two years. On April 7, 2024, while in custody, Daqqah died of cancer.
Justice Amit authored the ruling, with Justices Grosskpf and Canfy-Steinitz concurring. The court acknowledged the value of the deceased's dignity and the right of his family to a proper burial but weighed it against the principle of prisoner exchanges, a fundamental value of the state, as expressed in the Basic Law: Israel as the Nation-State of the Jewish People.
An unprecedented case
The court noted that this case is unprecedented in that the decision was made to hold the body of a terrorist who is an Israeli citizen. At the same time, it was explained that the military has the authority to order the holding of terrorist bodies for negotiation purposes, including those of Israeli citizens.
The court further emphasized the significant change in the security situation, tragically brought about by the October 7 massacre. It added that Daqqah had been "adopted" as a symbol by the Hamas terrorist organization, which seeks to create an equation of "bodies for bodies" with Israel.
Under these circumstances, and based on the professional assessment that holding the body could advance negotiations for the return of the bodies of IDF soldiers and Israeli citizens, the court ruled that the decision was reasonable and proportional, leaving no grounds for intervention.