Ref: 141/2003 

 PCHR
is following with grave concern the situation of 18 Palestinians from the West
Bank, who are currently being held by Israeli Occupying Forces at the Erez
military compound, pending the completion of the procedures for their transfer
to the Gaza Strip. 

 On Tuesday,
14 October 2003, Major General Moshe Kaplinsky, GOC of the Central Command of
the Israeli Occupying Forces, issued a military order to transfer 15
Palestinians, who were being held in administrative detention,
from the West Bank to the Gaza Strip.  The 15 were then transported
to the Erez military compound where they were handed a signed military order,
detailing the transfer (see translation of the order below). 
The military order specifies that the detainees will be “assigned
residence” to the Gaza Strip for up to a period of two years.

 Also
on Tuesday, PCHR lawyer, Tamim Younis, attempted to seek access to the 15
detainees being held in Erez.  Younis was initially denied access but was
later permitted to meet with four of the detainees. 

 This
morning, Israeli Occupying Forces transported a further three Palestinian
detainees to the Erez military compound under a similar procedure.  Thus,
the number of administrative detainees being issued with the transfer order is
now 18.  PCHR expects to complete legal visits to
each of the detainees today and is currently preparing, in cooperation with
Ad-Dameer Association for Human Rights, an appeal against the transfer orders.
Ad-Dameer Association for Human Rights, had been
representing a number of the detainees during their period of administrative
detention.

 PCHR
reiterates is condemnation of these unlawful transfers which constitute a grave
breach of the Fourth Geneva Convention.  Transfer of protected persons
within occupied territory is prohibited by article 147 of the Convention, and
further clarified as a war crime in article 85 of the Additional Protocol I to
the Geneva Conventions.   PCHR remains concerned that this latest
transfer order may be a prelude for larger-scale transfers of Palestinians from
the West Bank to the Gaza Strip. 

 PCHR
condemns the ongoing failure of the international community, specifically the
High Contracting Parties to the Fourth Geneva Convention, to intervene to halt
such unlawful actions.  PCHR repeats its calls to the international
community to take immediate concrete steps to ensure the cessation of unlawful
transfers of Palestinians and all other grave breaches of the Convention
perpetrated by the Israeli Occupying Forces against the Palestinian civilian
population.

Attached
herewith:

1.         A copy of an Israeli
military order issued by the GOC of the Central Command of Israeli Occupying
Forces to subject Palestinians to a period of “assigned residence” in
the Gaza Strip.

Israel Defense Force

Approval to Assign Residence in the
Gaza Strip

In my
authority as the IDF Commander in the Gaza Strip, I declare my approval to
assign residence of those mentioned below, in accordance with article 86(b)(1)
of Military Order on Security Matters (Judea and Samaria) no. 378 of 1970:

Assigning
residence of the aforementioned persons in the Gaza Strip shall be conducted
according to an order issued by the IDF Commander in Judea and Samaria to
assign their residence, and in accordance with all security laws and
legislations. 

13 October
2003

Major
General Dan Harel

IDF
Commander

Gaza Strip

2.          
A copy of a military order issued by the Commander of the Israeli Occupying
Forces in the Gaza Strip approving the “assignment of residence” of
15 Palestinians to the Gaza Strip. 

Israel Defense Force

Approval to Assign Residence in the
Gaza Strip

In my
authority as the IDF Commander in the area, in accordance with article 86(b)(1)
of Military Order on Security Matters (Judea and Samaria) no. 378 of 1970, as I
believe it is necessary for security reasons, due to the need to deal with
terrorist acts and their perpetrators, and following receipt of approval of the
IDF Commander in the Gaza Strip, I hereby order that Hussam Hamdallah ‘Abdul
Qader ‘Ouda, ID no. 900709163 will be required to live in the autonomous areas
in the Gaza Strip, within the meaning of the order on interpretation (Gaza
Strip) (no. 300) of 1969.

 This
order may be appealed to the legal advisor of Judea and Samaria, within 48
hours of receipt of the order, who will then present the appeal before a
military appeals committee.

 I
also order that the aforementioned person be held in custody until his transfer
to the assigned location.

 The
order enters into force upon date of signing and shall remain in effect for two
years.

13 October
2003

Moshe
Kaplinski

Major
General

IDF
Commander in Judea and Samaria

The order
was handed to the aforementioned person through _____________ on (date)
__________ at (hour) ______________

Signature
of the detainee

__________________