Ref: 155/2003

 On Monday, 10 November 2003, Israeli
occupying forces transferred Kamal Mohammed Hussein Edris, a resident of
Hebron, to the Gaza Strip, implementing an Israeli High Court ruling of 4
November 2003 which approved his “assigned residence” to the Gaza
Strip for a period of two years. 

 According
to information available to PCHR, Israeli occupying forces dumped Edris close
to al-Shuhada’ Junction to the east of “Netzarim” settlement, south of Gaza
City.  He was then forced to walk north towards Gaza City. 

 The
Israeli High Court issued decisions on 24 and 29 October 2003 ordering a
temporary halt to the transfer of 13 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 two decisions
came in response to appeals 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 decision, the Israeli High Court ordered a temporary injunction
halting the transfer of one group of five of the Palestinians, including Edris,
pending a final decision in the case.  On 4 November 2003, the Israeli
High Court approved the transfer of Edris.  Following this decision, PCHR
is concerned that the 17 other Palestinian detainees from the West Bank against
whom similar “assigned residence” orders have been issued will also
be transferred within the coming days.  All 17 are currently being held in
detention in Erez 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 the unlawful transfer of Edris and 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 condemns this latest
ruling of the Israeli High Court.  The continuing failure to hold the
Israeli military and government accountable in accordance with international
human rights and humanitarian law serves to undermine the independence of the
Israeli judiciary.  PCHR demands that the orders against Edris and the
remaining 17 detainees be rescinded immediately.  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.