Its irrelevant,
The conventions clearly state
QUote
- Art. 5 Where in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.
- Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.
End Quote
Which makes them illegal combatants or POWs and are subject to being held without trial for the duration of the war.
It sounds as if you are saying the state has the right to declare a person hostile for any or NO reason. Given it won't charge him, and has held him for so long that certainly makes it seem bogus.
Its not what I'm saying. Its what the Geneva Conventions say.
Lets get it straight.
The controlling power has the right to consider anyone "under definite suspicion" as having forfeit their protected person status.
Whether you like it or not those are the agreed upon conventions.
Israel is not required to try or charge POWs or illegal combatants; and mind you, illegal combatants may also be held indefinitely or until the end of hostilities.
If you believe otherwise you are welcome to locate the international laws that support your view. However I can't help but notice you have yet to really cite anything that supports your views.
Long story short not only does Israel have the right to detain legal or illegal combatants indefinitely or until the end of hostilities, but they would also be within their rights to repatriate those detained to neutral third parties, which may include a neutral country.
IE throw the bums out