Ref: 165/2003
In the last 24
hours, Israeli Occupying Forces transferred 12 Palestinians from the West Bank,
to the Gaza Strip. 8 of the group were moved to the Gaza Strip yesterday
evening; the remaining 4 Palestinians were moved to the Gaza Strip at
approximately 1:30am this morning.
This follows a
ruling issued by the Israeli High Court yesterday morning approving transfer
orders issued against the group. PCHR condemns this latest transfer of
Palestinians within occupied territory as a violation of international human
rights and humanitarian law.
PCHR researchers
reported that one group of four Palestinians were dumped by Israeli occupying
forces at a location near the Erez checkpoint yesterday evening at
approximately 11pm. They were forced to walk towards a Palestinian
National Security forces post in the area. The PNS forces then
transported the group to the offices of the Palestinian General Security
Services in Gaza city.
The four men are
identified as:
1. Hossam Awda, 27, from Qalqiliya, sentenced to a period
of two years “assigned residence” to the Gaza Strip.
2. Munza Al Jurba, 24, from Hebron, sentenced to a period of
six months “assigned residence” to the Gaza Strip.
3. Raja Harazallah, 31, from Bethlehem, sentenced for a
period of two years “assigned residence” to the Gaza Strip.
4. Lu’ai Daoud, 29, from Qalqilya, sentenced to a period
of two years “assigned residence” to the Gaza Strip.
At approximately
11:30pm, Israeli Occupying Forces dumped a second group of four Palestinians at
a location near the Dugit settlement in the northern Gaza Strip. The
group were forced to walk to a nearby post of the Palestinian National Security
forces from where they were then transported to the offices of the Palestinian
General Security Services in Gaza city.
The four men are
identified as:
1. Ghanem Sawalma, 38, from Nablus, sentenced for a
period of two years “assigned residence” to the Gaza Strip.
2. Sami al-Sous, 21, from Jenin, sentenced for a period
of two years “assigned residence” to the Gaza Strip.
3. Rasem Khattab Mustafa, 26, from Nablus, sentenced for
a period of two years “assigned residence” to the Gaza Strip.
4. Rami Hujaiji, 34, from Ramallah, sentenced for a
period of two years “assigned residence” to the Gaza Strip.
At approximately
1:30am, Israeli Ooccupying Forces dumped a third group of four Palestinians
near the Netzarim settlement, south of Gaza city. The group were again
transported to the Palestinian General Security Services offices in Gaza city.
The four are identified
as:
1. Shadi Isma’il ‘Ayash, from Salfit, sentenced to a
period of two years “assigned residence” to the Gaza Strip
2. Samer Abu Zina, from Hebron, sentenced to a period of
one year “assigned residence” to the Gaza Strip
3. Hani Hamdan al-Rujbi, from Hebron, sentenced to a
period of two years “assigned residence” to the Gaza Strip
4. Nasser Salama, from Bethlehem, sentenced to a period
of two years “assigned residence” to the Gaza Strip.
The Israeli High Court
issued a ruling yesterday morning to approve transfer orders issued against the
twelve by Major General Moshe Kaplinski, GOC of the Central Command. This
ruling effectively sanctioned the transfer of these Palestinians in violation
of international human rights and humanitarian law, specifically the Fourth
Geneva Convention.
This ruling
rejected an appeal submitted by PCHR and Addameer Association for Human Rights
on behalf of the group. The 12 had been arrested and detained as part of
a group of 18 administrative detainees against whom unlawful transfer orders
were issued in October 2003.
To date, 17 of
the original group of 18 have now been transferred to the Gaza Strip. The
18th detainee, Mustafa ‘Aabed from Nablus, remains in detention at
Erez military compound in the northern Gaza Strip.
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. The unlawful transfer of a protected person constitutes
a grave breach of international humanitarian law according to article 147 of
the Fourth Geneva Convention and a war
crime, as further clarified in article 85 of the First Additional Protocol.
PCHR expresses serious concern at this escalation in the use of unlawful
transfers of
Palestinians by the Israeli Occupation Forces. PCHR further repeats its
call 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.
