Putting the Livings’ Interests Above the Honor of the Deads? Withholding Enemy Bodies for Negotiating Purposes
L’intérêt des vivants contre l'honneur des morts ? Retenir les corps ennemis à des fins de négociation
Résumé
The article takes as its starting point a decision by the Supreme Court of the State of Israel in 2019, which officially authorises the retention of the remains of individuals who have committed attacks. In order to understand both the origin and the purpose of this decision from an Israeli perspective, he firstly describes the political context of this ruling, marked by the recurrent concessions granted by the Hebrew State for the return of the remains of its own soldiers retained by Hamas and Hezbollah. By highlighting a political economy of exchange, it then seeks to better understand the ethical debates that run through the nation, between security firmness and duty towards its dead, as well as the way in which a counter-terrorist policy of the lesser evil is consolidated. Finally, this work illustrates the importance of the use of law in the face of asymmetric strategies deployed by armed groups.
The article takes as its starting point a decision by the Supreme Court of the State of Israel in 2019, which officially authorises the retention of the remains of individuals who have committed attacks. In order to understand both the origin and the purpose of this decision from an Israeli perspective, he firstly describes the political context of this ruling, marked by the recurrent concessions granted by the Hebrew State for the return of the remains of its own soldiers retained by Hamas and Hezbollah. By highlighting a political economy of exchange, it then seeks to better understand the ethical debates that run through the nation, between security firmness and duty towards its dead, as well as the way in which a counter-terrorist policy of the lesser evil is consolidated. Finally, this work illustrates the importance of the use of law in the face of asymmetric strategies deployed by armed groups.