An Israel Defense Forces judge on Tuesday ordered the release of 18 Hamas legislators, including three cabinet ministers, detained in a dragnet launched after an IDF soldier was abducted by Palestinian militants.

The ministers the army court decided to release are Minister of Jerusalem Affairs Khaled Abu Arafah, Minister for Waqf Affairs Naif Rajoub, and Minister of Local Government Issa Al-Ja'bari.

Among the parliament members to be released are two parliament members from East Jerusalem, Mohammed Abu Tir and Ahmed a-Tun.

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Palestinian Parliament Chairman Aziz Dweik and his deputy, Mahmoud al-Ramahi, are also among those to be released.

In his decision to free the politicians, the military judge questioned the timing of the arrests, noting that the men were permitted to run for office and serve in the Palestinian government for months before their detentions.

He said the politicians should be freed on bail while their trials continue.

Following a prosecution appeal against their release, the politicians will not be released until Thursday at 16:00.

Hamas announced Monday that a Palestinian unity government would not be established before Israel releases the Hamas ministers and parliament members.

The army had already suffered a similar setback earlier this week, when the court ordered the release of three other Hamas members. The hearing for that appeal is scheduled for Wednesday.

Today's legal proceedings focused solely on whether the army could continue to hold the men, but the judge raised troubling questions about the larger case against the Hamas politicians.

Israeli human rights lawyer Leah Tzemel, who is not involved in the case, said the army's court system rarely disputes the military's cases against Palestinians.

"I think they simply don't have the evidence needed and this case should not have begun," she said.

Seven Hamas politicians attended Tuesday's court session, with most dressed in brown prison garb and their legs shackled.

"We do not recognize the authority of this court. We are elected lawmakers. We have been kidnapped," shouted al-Ramahi.

Palestinian leaders have said the detentions were illegal and demanded the Hamas politicians be released.

Israel has four members of the Hamas-dominated Palestinian Cabinet and some 28 Hamas lawmakers in its custody. Four other ministers have been detained and released.

The detainees include Palestinian Deputy Prime Minister Nasser Shaer, who was arrested in late August.

Palestinian officials both from the ruling Hamas party and from Palestinian Authority Chairman Mahmoud Abbas' Fatah Party have condemned the arrests.

Ghazi Hamad, a spokesman for the Hamas government, said Israel wants to arrest the entire Cabinet.

"They won't be satisfied with any government headed by Hamas or headed by Fatah or headed by a new coalition, so I think they want to undermine the political regime, the Palestinian political regime," Hamad said.

Egypt, which often acts as a mediator between Israel and the Palestinians, also condemned the arrest.

"Israel has to realize that these actions will only lead to spread hatred and extremism, and do not serve the attempts to close the two parties' stances, aiming to make the peace process active again," said Foreign Minister Ahmed Aboul Gheit said.