Ref: 164/2003
On Thursday morning, 4
December 2003, the Israeli High Court approved the transfer of 12 Palestinian
detainees from the West Bank to the Gaza Strip. PCHR believes that this is
simply a further example of the High Court’s cooperation with the Israeli
military and political establishments to provide legal coverage of illegal
actions carried out against Palestinian civilians.
According to one
of PCHR’s lawyers, the High Court issued a decision on Thursday morning
approving an Israeli military order to transfer the 12 detainees. The case of a
13th detainee, Mustafa ‘Aabed from Nablus, was not considered by the
court, indicating that he is still under interrogation.
The detainees are:
1. Raja Harazallah, from
Bethlehem;
2. Lu’ai Daoud, from Qalqilya;
3. Munther al-Ja’ba, from
Hebron;
4. Samer Abu Zina, from
Hebron;
5. Rasem Khattab Mustafa, from
Nablus;
6. Hussam Hamdallah ‘Ouda,
from Qalqilya;
7. Shadi Isma’il ‘Ayash, from
Salfit;
8. Sami al-Sous, from Jenin;
9. Hani Hamdan al-Rujbi, from
Hebron;
10. Rami Hujaiji, from Ramallah;
11. Nasser Salama, from Bethlehem; and
12. Ghanem Sawalma, from Nablus.
PCHR and Ad-Dameer Association for Human Rights submitted
appeals to the Israeli High Court after the Israeli military appeals committee
issued a decision to uphold an “assigned residence” order issued against 18
Palestinians from the West Bank. The original order, signed by Major
General Moshe Kaplinski, GOC of the Central Command, subjected a total of 18
Palestinians to periods of “assigned residence” in the Gaza Strip,
effectively transferring them from their places of residence in the West Bank.
Following the appeals, the High Court approved the transfer orders in
successive decisions, despite the fact that unlawful transfer 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.
The Israeli military
ordered the “assigned residence” of 10 of the detainees for a period of two
years in the Gaza Strip, one detainee, Munther al-Ja’ba was transferred for a
period of one year and another, Samer Abu Zaina, for 6 months.
Israel had already
transferred 5 of the total of 18 detainees to the Gaza Strip:
1. Kamal Mohammed Edris;
2. Taha Ramadan Dwaik;
3. Ahmed Hassan Mishkah;
4. Samer Subhi Bader; and
5. ‘Alaa’ Fu’ad
Hassouna.
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 deep concern at the escalation of the illegal
transfer 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
ensure the complete cessation of all unlawful transfers and other violations of
the Convention.
