Upon the 2014 State of Palestine's accession to Geneva Convention III, captured Palestinians who took part in belligerent acts against the occupier should be treated as prisoners of war due to the fact that they belong to a party to an armed conflict. These individuals fall under three categories: members of security forces, affiliates of armed resistance groups, and uprisers who fight the occupant spontaneously on an individual basis. Contrary to established rules of IHL, Israel does not make any distinction regarding the status of these three types. Unilateral Israeli treatment of its captives does not hold water under international law. Such actions may trigger liability based on international criminal law, particularly as the ICC decided in 2021 that it possesses jurisdiction to investigate crimes occurring in the territory of Palestine. The mere fact of confining prisoners of war after the cessation of hostilities may constitute a ground for criminal prosecution.

This paper investigates the contemporary phenomenon of smuggling sperm from within Israeli jails, which I treat as a biopolitical act of resistance. Palestinian prisoners who have been sentenced to life-imprisonment have recently resorted to delivering their sperm to their distant wives in the West Bank and Gaza where it is then used for artificial insemination. On the level of theory, my analysis of this practice benefits from Jacques Derrida's commentary in The Post Card on imaginative postal delivery of sperm to distant lovers. I use Derrida's heteronormative implication to examine how Palestinian prisoners defy the Israeli carceral system via the revolutionary act of sperm smuggling. The article then argues that smuggling sperm challenges the conventional gender codes in Palestinian society that see women in passive roles. Drawing on Derrida's metaphorical connection between masturbation and writing, I problematize the perception of speech/orality as primary in traditional Palestinian culture. Women, who mostly act as smugglers, become social agents whose written stories of bionational resistance emerge as a dominant mode of representation.