Ref: 159/2003

 According to information available to
PCHR occupation forces left them at three different points in the Gaza Strip
between 22:00 and 23:00 on Sunday night.  On Thursday, 20 November, 2003 the
Israeli High Court of Justice held a session to consider appeals submitted by
PCHR concerning  the transfer orders issued by the military commander of the
central area of the West Bank for 18 Palestinian detained by Israeli occupation
forces, all from the West Bank, including the following Palestinians transferred
on Sunday:

1. Ahmed Hussain Mohamed Meshkah , 27, from
   Jenin, transferred through Erez crossing north of Gaza City; 

2. Samer Sobhi Mohamed Bader , 27, from
   Beit Laqia, transferred to Gaza and dropped off near Netzirim settlement, south
   of Gaza city; 

3. Ala’a Fand Ibrahim Hassouna,  28, from
   Nablus, transferred to Gaza and dropped off near Dogit Settlement north of Gaza
   city. 

According to the secretariat of the
Israeli High Court of Justice the transfer of these three citizens was carried
out before a decision was made by the High Court of Justice concerning the
appeals issued to the court.  This was confirmed by the officer in charge of the
Erez detention center who told a lawyer from the PCHR that before a decision was
issued by the court he received instructions to transfer the detainees and
carried out his orders

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 also 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 deep concern at the
escalation of the amount of illegal transfers of Palestinians carried out 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 the complete cessation of all unlawful transfers and
other violations of the Convention.

 For more information concerning this
issue see PCHR press releases issued on 05,11,12 November 2003.