PALESTINIAN CENTRE FOR HUMAN RIGHTS
PRESS RELEASE
Ref: 02/2004
Date: 03 January 2004
Israeli Occupying Forces Implement Illegal Transfer Order against 18th Palestinian Detainee in Two Months
PCHR is gravely concerned by the policy of unlawful transfers Israeli occupying forces continue to implement against Palestinian civilians. On 31 December 2003, Israeli occupying forces transferred a Palestinian detainee from the West Bank to the Gaza Strip. Thus, the number of Palestinians transferred by Israeli occupying forces from the West Bank to the Gaza Strip in November and December 2003, increased to 18. Such transfers stand as stark violations of international humanitarian law, principally the Fourth Geneva Convention of 1949.
According to PCHR’s investigations, on Wednesday evening, 31 December 2003, Israeli occupying forces transferred Mustafa Hassan ‘Aabed, 40, from Nablus to the Gaza Strip. ‘Aabed is married and the father of 7 children. Israeli occupying forces dumped him near al-Shuhada junctions close to “Netzarim” settlement, south of Gaza city, and ordered him to go to the Palestinian Authority areas. A unit of the Palestinian National Security Force took him to the headquarters of the Palestinian Public Security in Gaza city.
Israeli occupying forces arrested ‘Abed on 28 December 2002 and placed him under administrative detention in the Negev Desert Prison for 6 months. The administrative detention order was renewed twice for 3 months each time. On 13 October 2003, ‘Aabed was moved from the Negev Desert Prison to the Erez Detention Center in the northern Gaza Strip. According to Israeli military orders, he was to be transferred to the Gaza Strip along with 17 other Palestinian detainees from the West Bank.
The Israeli High Court issued a number of decisions validating the transfer of 18 Palestinian detainees, including ‘Aabed, from the West Bank to the Gaza Strip. The detainees had been detained by Israeli occupying forces for 6-24 months. These decisions further exhibit the complicit role played by the Israeli High Court in providing domestic legal coverage for Israeli war crimes.
On 5 December 2003, 12 Palestinian detainees were transferred from the West Bank to the Gaza Strip. However, ‘Aabed’s case was not considered by the Israeli High Court at that time. On 31 December 2003, the court held a session to consider ‘Aabed’s case and approved his transfer to the Gaza Strip for a period of 2 years.
With ‘Aabed’s transfer, the number of Palestinian detainees transferred from the West Bank to the Gaza Strip in November and December 2003 increased to 18. All of these detainees had been placed under administrative detention in the Erez Detention Center after Israeli military orders were issued on 13 and 14 October 2003 to “assign their residence” in the Gaza Strip, for suspicions of their involvement in activities against Israel.
PCHR repeats its condemnation of the policy of unlawful transfer implemented by Israeli occupying forces. 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 to the Convention. This latest crime is further evidence of Israel's continued defiance of international law, including international humanitarian law. PCHR demands an immediate halt to these transfers and other grave breaches of the Fourth Geneva Convention perpetrated by the Israeli military in the OPTs. PCHR repeats its calls to the High Contracting Parties to the Fourth Geneva Convention to take immediate steps to ensure the protection of Palestinian civilians in the OPTs.
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