Ref:
147/2003

 An
Israeli military appeals committee today issued a decision to uphold an
“assigned residence” order issued against 5 Palestinians from the
West Bank on 14 October 2003.  The original order, signed by Major General
Moshe Kaplinski, GOC of the Central Command, subjected a total of 18
Palestinians to periods of “assigned residence” in the Gaza Strip,
effectively transferring them from their places of residence in the West
Bank.  All 18 Palestinians are registered to the West Bank and were being
held in administrative detention by the Israeli military at the time the order
was signed.  All 18 are detained on suspicion of involvement in attacks
against Israeli targets.  No evidence has been disclosed to support these
accusations.

Today’s
decision was in respect of the following five detainees;

1. Lu’ai Mohammed Dawoud

2. Munther Mohammed El-Joa’bah

3. Ghanem Tawfiq Salama

4. Taha Rammadan Duweik

5. Kamal Mohammed Idriss

PCHR,
together with Ad-Dameer Association for Human Rights and several human rights
lawyers, submitted appeals in respect of the detainees to the Israeli Military Appeals
Committee.  Three Military Appeals Committees were convened to hear
appeals on behalf of the 18 detainees.  The decisions of the remaining two
committees are expected in the coming days.  PCHR is concerned that these
two committees will reach similar decisions rejecting the appeal.  PCHR
has repeatedly condemned Israeli Military Appeals Committees as failing to
constitute an effective and impartial appeals body within the meaning of
international law.  Decisions from Military Appeals Committees can be
appealed within 48 hours to the High Court of Justice.

 Following
today’s decision, PCHR, in cooperation with other lawyers, will submit a
further appeal to the High Court of Justice in Israel within the next 48 hours.

 PCHR
repeats its condemnation of the use of “assigned residence” orders by
the Israeli military.  PCHR considers that these “assigned
residence” orders constitute unlawful transfers within the meaning of
article 49 of the Fourth Geneva Convention, 1949.  The unlawful transfer
of a protected person also constitutes a grave breach of the Convention
(article 147), and a war crime, as further clarified in article 85 of the First
Additional Protocol to the Geneva Conventions.

 PCHR
thus calls upon the Israeli military to immediately rescind these
“assigned residence” orders and halt all other grave breaches of
international humanitarian law.  PCHR further repeats its call to the High
Contracting Parties to the Fourth Geneva Convention to take immediate steps to
intervene to ensure the protection of the Palestinian people.