In the last 24 hours, Israeli Occupying Forces transferred 12 Palestinians from the West Bank, to the Gaza Strip.  8 of the group were moved to the Gaza Strip yesterday evening; the remaining 4 Palestinians were moved to the Gaza Strip at approximately 1:30am this morning.

This follows a ruling issued by the Israeli High Court yesterday morning approving transfer orders issued against the group.  PCHR condemns this latest transfer of Palestinians within occupied territory as a violation of international human rights and humanitarian law.

PCHR researchers reported that one group of four Palestinians were dumped by Israeli occupying forces at a location near the Erez checkpoint yesterday evening at approximately 11pm.  They were forced to walk towards a Palestinian National Security forces post in the area.  The PNS forces then transported the group to the offices of the Palestinian General Security Services in Gaza city.

The four men are identified as: Hossam Awda, 27, from Qalqiliya, sentenced to a period of two years “assigned residence” to the Gaza Strip; Munza Al Jurba, 24, from Hebron, sentenced to a period of six months “assigned residence” to the Gaza Strip; Raja Harazallah, 31, from Bethlehem, sentenced for a period of two years “assigned residence” to the Gaza Strip; and Lu’ai Daoud, 29, from Qalqilya, sentenced to a period of two years “assigned residence” to the Gaza Strip.

At approximately 11:30pm, Israeli Occupying Forces dumped a second group of four Palestinians at a location near the Dugit settlement in the northern Gaza Strip.  The group were forced to walk to a nearby post of the Palestinian National Security forces from where they were then transported to the offices of the Palestinian General Security Services in Gaza city.

The four men are identified as: Ghanem Sawalma, 38, from Nablus, sentenced for a period of two years “assigned residence” to the Gaza Strip; Sami al-Sous, 21, from Jenin, sentenced for a period of two years “assigned residence” to the Gaza Strip; Rasem Khattab Mustafa, 26, from Nablus, sentenced for a period of two years “assigned residence” to the Gaza Strip; and Rami Hujaiji, 34, from Ramallah, sentenced for a period of two years “assigned residence” to the Gaza Strip.

At approximately 1:30am, Israeli Ooccupying Forces dumped a third group of four Palestinians near the Netzarim settlement, south of Gaza city.  The group were again transported to the Palestinian General Security Services offices in Gaza city.

The four are identified as: Shadi Isma’il ‘Ayash, from Salfit, sentenced to a period of two years “assigned residence” to the Gaza Strip; Samer Abu Zina, from Hebron, sentenced to a period of one year “assigned residence” to the Gaza Strip; Hani Hamdan al-Rujbi, from Hebron, sentenced to a period of two years “assigned residence” to the Gaza Strip; and Nasser Salama, from Bethlehem, sentenced to a period of two years “assigned residence” to the Gaza Strip.

The Israeli High Court issued a ruling yesterday morning to approve transfer orders issued against the twelve by Major General Moshe Kaplinski, GOC of the Central Command.  This ruling effectively sanctioned the transfer of these Palestinians in violation of international human rights and humanitarian law, specifically the Fourth Geneva Convention.

This ruling rejected an appeal submitted by PCHR and Addameer Association for Human Rights on behalf of the group.  The 12 had been arrested and detained as part of a group of 18 administrative detainees against whom unlawful transfer orders were issued in October 2003. 

To date, 17 of the original group of 18 have now been transferred to the Gaza Strip.  The 18th detainee, Mustafa ‘Aabed from Nablus, remains in detention at Erez military compound in the northern Gaza Strip.

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 serious concern at this escalation in the use of unlawful transfers of Palestinians 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.