Ref: 156/2003

On
Wednesday morning, 12 November 2003, the Israeli High Court approved an Israeli
military order to transfer a Palestinian detainee, Taha Tamadan Rateb Dwaik, a
resident of Hebron, to the Gaza Strip for 2 years.  Dwaik is married and a
father of 4 children.  Dwaik is the second detainee to have been
transferred to the Gaza Strip this week (see PCHR press release, Tuesday, 11
November 2003 at www.pchrgaza.org). 

 The
Israeli High Court issued a decision on 24 October 2003 ordering a temporary
halt to the transfer of Dwaik and 4 other Palestinian detainees, pending an
appeals hearing.  The four were part of a group of 18 Palestinian detainees
against whom Israeli occupying forces had issued orders “assigning
residence” to the Gaza Strip for periods ranging from 1 to 2 years.  The
decision came in response to an appeal submitted against the “assigned
residence” orders to the Israeli High Court by PCHR, in conjunction with
the Addameer Association for Human Rights.

 In
the first transfer of a member of this group, on Monday evening, 10 November
2003, Israeli occupying forces dumped Kamal Mohammed Hussein Edris, also from
Hebron, close to al-Shuhada’ Junction to the east of “Netzarim” settlement,
south of Gaza City.   The transfer of Edris was implemented following
a final ruling of the Israeli High Court on 4 November 2003, approving the
“assigned residence” order issued against him.  Following
today’s decision, the transfer order against Dwaik could be implemented at any
time. 

 Following
these two individual decisions, PCHR remains concerned that the appeals of 16
other Palestinian detainees from the West Bank against whom similar
“assigned residence” orders have been issued will be rejected within
the coming days and that they will also be subsequently transferred to the Gaza
Strip.  All 16 are currently being held in detention at the Erez military
compound in the northern Gaza Strip pending a decision on their appeal to the
High Court.  All of the detainees were arrested for alleged involvement in
attacks against Israeli targets.  However, no evidence to support these
allegations has been disclosed during these proceedings.

 PCHR
condemns reiterates its position that the unlawful transfer of a protected
person constitutes a grave breach of the Fourth Geneva Convention, and a war
crime, as further clarified in Additional Protocol I to the Geneva
Conventions.   PCHR further repeats its calls to the international
community, specifically the High Contracting Parties to the Fourth Geneva
Convention, to intervene to ensure the complete cessation of all unlawful
transfers and other violations of the Convention, perpetrated by the Israeli
government and its occupying forces with legal coverage from the Israeli High
Court.