JonaH
11-11-02, 14:06
Washington Report on Middle East Affairs 11/11/2002 :
This morning Israeli High Court of Justice issued a ruling allowing the forcible transfer of two Palestinians from their home town of Nablus to the Gaza Strip on the grounds that they allegedly assisted their brother to commit attacks against Israelis.
The two Palestinians, Intisar and Kifah 'Ajuri, have been in detention since 4 June and 18 July, respectively, but have never been charged and no proceedings have been initiated to bring them to trial. The Israeli government claims that it cannot try them because this would expose the source of the evidence against them.
"Today's ruling effectively allows for a grave violation of one of the most basic principles of international human rights law - notably the right of any accused to a fair trial and to challenge any evidence used against them," Amnesty International said.
They are the sister and brother of Ali 'Ajuri, who was extrajudicially executed by the Israeli security forces on 6 August 2002 near Nablus and who is alleged to have been involved in organizing suicide attacks in which several Israelis were killed. Intisar 'Ajuri is alleged to have assisted her brother by, among other things, having sewn belts for explosives used by suicide bombers, and Kifah 'Ajuri is alleged to have provided a hiding place for his brother and to have acted as a look-out for him.
"Anyone suspected of a recognizably criminal offence should be promptly charged and brought to trial. Otherwise, they should be released," the organization added.
Today's ruling also allows for a grave breach of international humanitarian law. According to the Fourth Geneva Convention, Palestinians living in the territories which have been under Israeli military occupation since 1967 are protected persons.
"The unlawful forcible transfer of protected persons constitutes a war crime under both the Fourth Geneva Convention and the Rome Statute of the International Criminal Court. Under the Rome Statute such violations may also constitute crimes against humanity," said Amnesty International.
In its decision today the High Court of Justice ruled that forcible transfer to the Gaza Strip can only be used for people who have been personally involved in serious crimes and cannot be used as a deterrent. However, Amnesty International believes that such unlawful forcible transfer of relatives of people allegedly responsible for attacks against Israelis is being used by the Israeli government and army as a form of collective punishment. Such measure is forbidden by Article 33 of the Fourth Geneva Convention, which states that: "No protected person may be punished for an offence he or she has not personally committed."
The decision by High Court of Justice today was the last step in the appeal procedure available to Intisar and Kifah 'Ajuri. The process started when the IDF West Bank Commander issued the orders for the unlawful forcible transfer of the two, and of another man on 1 and 4 August 2002.
Jona
This morning Israeli High Court of Justice issued a ruling allowing the forcible transfer of two Palestinians from their home town of Nablus to the Gaza Strip on the grounds that they allegedly assisted their brother to commit attacks against Israelis.
The two Palestinians, Intisar and Kifah 'Ajuri, have been in detention since 4 June and 18 July, respectively, but have never been charged and no proceedings have been initiated to bring them to trial. The Israeli government claims that it cannot try them because this would expose the source of the evidence against them.
"Today's ruling effectively allows for a grave violation of one of the most basic principles of international human rights law - notably the right of any accused to a fair trial and to challenge any evidence used against them," Amnesty International said.
They are the sister and brother of Ali 'Ajuri, who was extrajudicially executed by the Israeli security forces on 6 August 2002 near Nablus and who is alleged to have been involved in organizing suicide attacks in which several Israelis were killed. Intisar 'Ajuri is alleged to have assisted her brother by, among other things, having sewn belts for explosives used by suicide bombers, and Kifah 'Ajuri is alleged to have provided a hiding place for his brother and to have acted as a look-out for him.
"Anyone suspected of a recognizably criminal offence should be promptly charged and brought to trial. Otherwise, they should be released," the organization added.
Today's ruling also allows for a grave breach of international humanitarian law. According to the Fourth Geneva Convention, Palestinians living in the territories which have been under Israeli military occupation since 1967 are protected persons.
"The unlawful forcible transfer of protected persons constitutes a war crime under both the Fourth Geneva Convention and the Rome Statute of the International Criminal Court. Under the Rome Statute such violations may also constitute crimes against humanity," said Amnesty International.
In its decision today the High Court of Justice ruled that forcible transfer to the Gaza Strip can only be used for people who have been personally involved in serious crimes and cannot be used as a deterrent. However, Amnesty International believes that such unlawful forcible transfer of relatives of people allegedly responsible for attacks against Israelis is being used by the Israeli government and army as a form of collective punishment. Such measure is forbidden by Article 33 of the Fourth Geneva Convention, which states that: "No protected person may be punished for an offence he or she has not personally committed."
The decision by High Court of Justice today was the last step in the appeal procedure available to Intisar and Kifah 'Ajuri. The process started when the IDF West Bank Commander issued the orders for the unlawful forcible transfer of the two, and of another man on 1 and 4 August 2002.
Jona