leidenlawblog

Gaza’s loss, our loss: Dignity at risk Photo taken by Akram Jamee, Bani Suheila, Khan Younis 23 April 2024

Gaza’s loss, our loss: Dignity at risk

The legal principle to treat the dead with dignity is being violated in war-torn Gaza. This is not just a breach of law: denying Gazans this final dignity endangers human values everywhere.

International Humanitarian Law upholds both the right to identification and the right to a dignified burial, recognising them as fundamental principles even in times of conflict. In Gaza, the relentless death toll and the scale of devastation and destruction mean it is almost impossible for Gazans to identify their dead and bury them with dignity.

Identification

In Gaza, rescue workers are responsible for transferring the dead to a hospital where, once identified, the data on that person is recorded and communicated to the health ministry. However, several factors can seriously hamper the process of identifying and registering the deceased. Apart from the constant power cuts, many hospitals have been attacked by the Israeli Defence Forces (IDF), including Al-Shifa hospital on 10 November 2023, which operated the main health data centre. Just when its system had been reinstalled in March 2024, it was attacked again. Another complicating factor is that many bodies remain unidentified, even those brought to a hospital. Within a few weeks of the war unfolding, Gazans were being forced to come up with ‘solutions’.

People write their names on their arms so that if they die, they can be easily identified. Children, too, are inscribing their names on their arms and legs. Sadly, this is not just an innocent game. Losing your children is one thing, not knowing their fate and never being able to bury them is an even deeper, devastating kind of grief. Raja, a mother of two, was not satisfied with the idea of ​​writing her children's names on their hands, explaining that limbs are often amputated due to bombing and are difficult to find. So, she wrote the names of her children on their stomachs. But even this ‘solution’ doesn’t always work. On 15 March 2025, four children were burned to death after the bombing of a tent in the Mawasi area of ​​Khan Yunis. With their flesh mixed together, the father gathered their remains in a single shroud and buried them together. He had no choice but to deviate from the Islamic rule that all bodies should have a separate grave.

This principle is also upheld in International Humanitarian Law (IHL): to facilitate identification and mourning, mass graves are to be avoided. But what meaning does this IHL principle carry when rescue workers, those tasked with ensuring the dignified treatment of the dead, disappear themselves? The 15 rescue workers whose bodies disappeared near Rafah in the early morning of 23 March 2025, were buried in a mass grave, along with their vehicles. They eventually escaped anonymity in death and were buried following Islamic funeral rites. But what about the fate of so many others? How are they buried?

Burial

Before the war, funerals had their own rituals and solemnities, drawing dozens or even hundreds of participants, who prayed for the deceased before carrying them to the cemetery for burial. The mourning period lasted three days, providing an opportunity to console the bereaved. Now, with so many lives being lost, few remain to pray for their loved ones. And with 90 percent of the population constantly being displaced, there is often no time for a proper burial, let alone time to observe the traditional three-day condolence period. Instead, bodies are left exposed to the elements and stray dogs.

Even for victims who have been identified and buried, grave rest is not guaranteed, never mind eternal rest (an important requirement in Islam). Apart from cemeteries being damaged or destroyed by the war, there have also been reports of deliberate desecration, including the dismemberment of dead bodies and the intentional destruction of burial sites (a direct violation of IHL). The IDF’s creation of military buffer zones within one kilometre of the border between Gaza and Israel has led to the destruction of more buildings, including cemeteries. So, as Gaza’s territory shrinks, this means further shortages of space for burials.

Symbolic immortality

The tragedy of identifying and burying the dead has become a daily reality for many Gazans, to the point that many have adapted to a reality that others would find too overwhelming to accept. This is not just a question of ensuring the application of law in practice. It is about human dignity and the realisation that if Gazans stand to lose it, we all stand to lose it. Amid all the rubble, Gazans have no choice but to be patient. However, the ink on their bodies – marking their names – fades quickly. This makes identification difficult. Still, Gazans have developed their own philosophy, based on the duality of the will to live and the idea of ​​immortality – believing that a strong, determined will can leave a lasting mark on the world.

2 Comments

Raymond Peter

As Israel faces one of the most challenging periods in its history—under assault from terrorism, biased international scrutiny, and a rising tide of online disinformation—it is vital that a balanced and true view be decalred . We must support truth from all walks of live . The next geneartion depends on truth being decalred . We must advocate for truth-driven campaign that exposes the realities on the ground.
For too long, the global discourse has focused disproportionately on Israel’s perceived flaws, while systematically ignoring or excusing the violent extremism, antisemitism, and systematic human rights abuses perpetrated by Palestinian factions such as Hamas and the Palestinian Authority (PA). This imbalance has only intensified in recent months, as Hamas’s attacks—most recently the brutal atrocities of October 7, 2023—and the use of civilians, including children, as human shields have been downplayed or misrepresented in mainstream and social media.
Instead of reacting to false narratives, advocates for Israel must bring global attention to the underlying and enduring realities:
• Palestinian leadership has rejected every major peace proposal since 1937, including offers that met or exceeded territorial demands.
• Hamas’s foundational charter remains genocidal, rooted in antisemitic ideology that seeks the destruction of Israel and world Jewry.
• The PA continues its “pay-for-slay” program, rewarding terrorists and glorifying violence in its educational materials and media.
• Children are exploited and endangered, whether as tunnel diggers, human shields, or suicide bombers—a gross violation of international law.
• Widespread repression exists within Palestinian society, including documented abuses against women, individuals, and political dissidents.
While Jewish students and communities are increasingly harassed on campuses worldwide—especially under the influence of groups like Students for Justice in Palestine (SJP)—Palestinian violence is rationalized and even celebrated in some quarters. This toxic narrative must be countered with facts, moral clarity, and a long-term commitment to truth. Our children depend on us speaking and standing for truth.
True voices must rise in defence of Israel’s right to exist as the only Jewish state and to live in security. Our voice must be rooted not only in defending Israel’s actions but in holding Palestinian leadership accountable for decades of violence, racism, and rejectionism. This must be done by creating awareness one person at a time.
Israel is not a colonial entity; it is the homeland of the Jewish people, who have maintained an unbroken presence there for millennia. We must challenge the misuse of terms like “apartheid” and “genocide” that are weaponized to distort reality and delegitimize Israel’s right to self-defence.
Israel has the right to the land from Historical, Biblical , Archaeology, Ethnic Rights and by title deed to the land .
This is a call for moral consistency. Human rights must be upheld for all—including Israelis. Progressives, diplomats, and global citizens who claim to support justice cannot continue ignoring the actions and ideologies of those who incite, support, and carry out terror against civilians.
It is time to go on the offensive—not with hatred or propaganda, but with truth, compassion, and an unwavering commitment to justice. Through strategic outreach, education, and coordinated advocacy, especially from truth based narative and where new and true voices can cut through the noise and lies, we must expose the truth about Palestinian leadership and reaffirm support for Israel as a democratic, lawful, and morally upright nation defending itself against relentless threats. We must impact our next generation . Both my wife have started with our own children . We must stand for truth or we will lose the next generation to lies.
Thks/Raymond

Raymond Peter

Good day my friends
Refuting “Gaza’s Loss, Our Loss” – With a Call for Human Dignity for All, Including the Hostages
The article titled “Gaza’s loss, our loss: Dignity at risk” draws attention to the suffering of civilians in Gaza, particularly around the treatment of the dead. While the grief and anguish are real, the article presents a biased, one-sided narrative that omits critical context and fails to acknowledge the single greatest obstacle to peace and dignity for all people in the region: Hamas’s ongoing war crimes and refusal to release the hostages it continues to hold in Gaza, in violation of every humanitarian principle.
The Real Violation of Dignity: 50 Hostages Still Held by Hamas (As of May 2025) and half believed dead under HAMAS capitivity.
Before discussing grave desecration or disrupted funerals, the world must confront the most urgent humanitarian outrage: the continued captivity of Israeli civilians, including children, women, the elderly, and foreign nationals abducted by Hamas during its brutal October 7, 2023 massacre.
• Over 1,200 Israelis were murdered in that attack. Whole families were burned alive, and civilians were raped, tortured, and executed—some even videotaped for propaganda.
• 128 hostages remain in Gaza. Some are likely dead. Others are confirmed to be alive—without access to Red Cross visits, medicine, or even the basic right to send a message to their families.
• These hostages have names, stories, and grieving families who still don’t know if they’ll ever get the dignity of a proper burial or the joy of a safe return. Where is the outrage for their loss of dignity?
The article’s silence on this matter is not just an oversight—it’s a moral failure.

We must address the fact that Hamas, Not Israel, Is Responsible for Gaza’s Tragedy
The article claims Israel is denying Gazans the right to identify and bury their dead. But it ignores a critical truth:
• Hamas uses civilians and even cemeteries as shields, turning homes, schools, mosques, hospitals, and burial grounds into military sites.
• This tactic—a war crime under International Humanitarian Law (IHL)—forces the IDF to strike areas where Hamas embeds its fighters and weapons, leading to tragic collateral damage.
For example:
• Al-Shifa Hospital, cited in the article, was not attacked randomly. Undeniable evidence, including videos and documents, proves it was used as a Hamas command center and weapons storage site. Israel evacuated civilians, coordinated aid, and deployed Arabic-speaking soldiers to minimize harm.
Israel Follows the Law and is democratic. Hamas Undermines It and is unlaw full violating all humanitarian law and rule of law. Israel is for life and HAMAS encourages and advocates death and teaches the same to very young children, in fact death through martyrdom is celebrated as a hero.
International Humanitarian Law requires distinguishing between civilians and combatants—a rule that Hamas openly defies.
• Israel publishes aerial leaflets, sends text messages, and opens humanitarian corridors before military operations.
• Hamas blocks evacuations, forces civilians to remain, and has repeatedly stolen or destroyed aid convoys.
As for mass graves and degraded funerals: these are a horrifying outcome of urban warfare, yes—but they are not Israeli policy. They are the inevitable result of Hamas’s war on civilians, both Israeli and Palestinian.
What About the Dignity of Israeli Victims?
The article calls attention to names written on children’s arms in Gaza. But what about the Israeli children kidnapped and paraded like trophies through Gaza? What about:
• Kfir Bibas, kidnapped as a 9-month-old baby, still missing at 2 years old?
• Families who received charred remains months later, unable to say goodbye?
The dignity of the dead must be preserved. But the dignity of the living must come first—and right now, 128 living hostages are denied even the most basic rights. Calls for justice in Gaza must begin with a call for their immediate and unconditional release.

A Balanced Call for Humanity
The suffering in Gaza is real. But to restore human dignity, we must demand:
1. Hamas stop using civilians and burial sites as shields.
2. Hamas release all hostages immediately, alive or dead.
3. Hamas must lay down their weapons asap and we must restore a democratic rule in Palestine, instead of the current radical islam rule.
4. A global standard of justice that does not turn a blind eye to terror while criticizing those defending themselves.
We must mourn for all innocent lives lost—but not at the cost of ignoring the evil “HAMAS” that started this war and continues to prolong it.
I speak peace with all humility and may true justice prevail.
Thks/Raymond

Add a comment