PALESTINIAN CENTRE FOR HUMAN RIGHTS

PRESS RELEASE

 Ref: 159/2003

Date: 24 November 2003

 

On Sunday night, 23 November 2003, Israeli occupation forces transferred three Palestinian citizens from the West Bank to the Gaza Strip

 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.

 

 

Public Document

**************************************

For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 - 2825893

PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail:pchr@pchrgaza.org, Webpage http://www.pchrgaza.org