September 5, 2002
Israeli Military Dumps Deportees at Netzarim
Israeli Military Dumps Deportees at Netzarim

 

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Israeli Military Dumps Deportees at Netzarim

 

 

Ref.: 105/2002

Date: 5 September 2002

 

In the implementation of the High Court of Israel’s ruling of Tuesday 3 September 2002, the Israeli military dumped two Palestinians from Nablus in the Sheikh Aljeen area near the Netzarim settlement in the Gaza Strip yesterday afternoon. The two, Intisar and Kifah Ajouri, both residents of the Askar refugee camp in Nablus, were brought to the Gaza Strip on Wednesday following the decision of the High Court to accept their transfer from detention by the Israeli military to the Gaza Strip. The two were allowed to meet early Wednesday morning with their family members for half an hour before being transported in a van to the Gaza Strip. Intisar and Kifah were blindfolded and handcuffed for the journey and were placed in separated areas of the van. The van did not enter through the Erez checkpoint where a large number of journalists and officials were waiting. Instead, the two were brought into the Netzarim settlement, located south of Gaza city. They were then transferred to Armoured Personnel Carriers (APCs) and transported to the Sheikh Ajleen area which is under the effective control of Netzarim settlement where they were forced out of the APCs. The area where the two were dumped is extremely dangerous. Four members of the Al Hajiin family were killed by Israeli tanks shells on 28 August 2002 in the same location.

 

The two were found wandering by a local farmer and were brought to the Palestinian Centre for Human Rights (PCHR) in Gaza city. PCHR had been asked by the Ajouris’ lawyers, Hamoked and Lea Tsemel, to assist them when they reached the Gaza Strip.

 

Following a medical check by Palestinian medics and brief consultations with PCHRs lawyers, Raji Sourani and Iyad el Alami, Intisar and Kifah gave a press conference in PCHR’s office to describe the circumstances of their arrival in the Gaza Strip.

 

The two then requested that they be moved to the headquarters of the International Committee of the Red Cross in Gaza city where they had a meeting with the head of the Sub-Delegation in Gaza who agreed to grant them emergency humanitarian assistance.

 

The manner in which Intisar and Kifah were dropped in the Gaza Strip in a highly dangerous area is unprecedented during this Intifada. However, it is reminiscent of the deportations of large numbers of Palestinian activists to Lebanon throughout the 1970s, 80s and 90s. PCHR is gravely concerned that this transfer, and the manner in which it was carried out, is the beginning of what may become a ongoing policy of unlawful transfers.

 

The Palestinian Authority has refused to accept the Ajouris in the Gaza Strip and has stated that it will not provide any assistance to Intisar and Kifah which may sanction the illegal ruling of the Israeli High Court of Justice.

 

The Israeli High Court ruled that Intisar and Kifah could be assigned residence under article 78 of the Fourth Geneva Convention and moved to the Gaza Strip. However, article 78 allows for assigned residence of protected persons only for imperative reasons of security”. However, the Israeli military has not provided evidence that would satisfy this condition. In addition, this measure cannot be applied as a punishment, or collective measure. This is contrasted with recent statements from and actions (demolitions of homes belonging to families of alleged suicide bombers) of Israeli officials that the transfers aim to punish and to deter others from carrying out attacks against Israeli targets.

 

PCHR does not accept the applicability of article 78 and condemns the forcible transfer of Intisar and Kifah Ajouri to the Gaza Strip as a violation of articles 49 and 147 of the Fourth Geneva Convention. Under article 147 the “unlawful transfer of a protected person” constitutes a grave breach of the Convention, and therefore, a war crime. PCHR asserts that their transfer to the Gaza Strip also constitutes collective punishment which is prohibited under article 33 of the Fourth Geneva Convention. Intisar and Kifah are the brother and sister of Ali Ajouri an alleged Palestinian activist accused by Israel of organizing attacks against Israel. Their brother Ali was extrajudicially executed by the Israeli military on 6 August 2002. The Ajouri’s family home was demolished on 18 July 2002. Intisar was arrested on 4 June 2002 and placed under an administrative detention order at Neve Tirtza Women’s Prison in Israel. Kifah was arrested on 18 July 2002 and was held in detention at the Moscobiyya Detention Centre in Jerusalem and then Ofer Detention Camp. No criminal charges have been brought against Intisar or Kifah and they have not been tried for any criminal offence.

 

PCHR demands that Intisar and Kifah Ajouri be returned to their place of residence in Nablus immediately.

 

“END”