PALESTINIAN CENTRE FOR HUMAN RIGHTS

PRESS RELEASE

 Ref: 164/2003

Date: 04 December 2003

The Israeli High Court approves the transfer of 12 Palestinian detainees from the West Bank to the Gaza Strip

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 13^th 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.

Public Document

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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