“The military command has the authority to order the holding of the bodies of terrorists for the purposes of negotiations, including the bodies of terrorists who are citizens of Israel,” the court said in a statement.
Hamas’ unprecedented October 7 attack on Israel resulted in the deaths of 1205 people on the Israel side, mostly civilians, according to an AFP tally based on Israeli official figures that include hostages killed in captivity.
Of the 251 hostages seized by militants, 97 are still held in Gaza, including 33 the Israeli military says are dead.
There are currently more than 9600 Palestinian prisoners in Israel, according to civil society organisations monitoring prisons.
The court’s decision drew criticism from Adalah, an advocacy group for Arab minority rights in Israel, which had filed the appeal.
“The Israeli Supreme Court has sanctioned the government’s brutal policy of withholding the bodies of Palestinians, including citizens of Israel, purely based on security assessments of their potential value to be exploited as bargaining chips in negotiations for Jewish Israeli hostages,” the group said in a statement.
Israel has been holding the bodies of dozens of Palestinians for years, including the remains of members of armed groups killed during clashes that caused Israeli casualties.