A R C H I V E S
Madinat al-Muslimeen Islamic Message Board
Israel deports familes of suicide bombers |
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yunus |
07/21/02 at 07:42:38 |
News Release Issued by the International > Secretariat of Amnesty > International * > > 19 July 2002 > MDE 15/120/2002 > > > Early this morning Israeli Defence Forces (IDF) have > arrested 21 > male relatives of Palestinians suspected of having > been involved > in recent attacks against Israelis. The IDF > threatens to > transfer them from the West Bank to Gaza. > > "The forcible transfer of these people under > these > circumstances is collective punishment," Amnesty > International > said. "We call on the Israeli government not to > carry out such > measures." > > "If anyone of those arrested is suspected of a > recognizably criminal offence, he should be promptly > charged and > brought to trial. Otherwise, he should be released," > the > organization added. > > Under international humanitarian law > collective > punishment is illegal: "No protected person may be > punished for > an offence he or she has not personally committed." > (Article 33 > of the Fourth Geneva Convention). Protected persons > are those > living in territory which is under military > occupation, as is the > case with the West Bank and Gaza Strip since 1967. > > The unlawful transfer of protected persons > constitutes a > war crime under the Fourth Geneva Convention and the > Rome Statute > of the International Criminal Court. Under the Rome > Statute, > which reflects customary international law, such > violations may > also constitute crimes against humanity. > > The IDF also demolished at least two homes of > the 21 > people arrested. That too amounts to collective > punishment > prohibited by international humanitarian law. > > The 21 detainees include the brothers and > fathers of 'Ali > Ajuri, suspected of organizing the Tel Aviv suicide > bombing, and > of Nasser and 'Asem Abu Asida, allegedly > responsible for the > attack on a bus near Emmanuel. > > The Israeli government has reportedly asked > the Attorney > General for a legal opinion on transferring > Palestinians from the > West Bank to Gaza or deporting them to other > countries. > > Background: > Forcible transfer involves movement against a > person's will > within national frontiers. Deportation involves > movement against > a person's will across national frontiers. > > Amnesty International's opposition to the > transfer of the > 21 detainees is based on the following international > standards: > > Article 33 of the Fourth Geneva Convention prohibits > "[c]ollective penalties and likewise all measures of > intimidation" as well as "[r]eprisals against > protected persons > and their property." > > Article 147 of the Fourth Geneva Convention defines > "unlawful > deportation or transfer or unlawful confinement of a > protected > person" as a grave breach of the Convention and > therefore a war > crime. > > The Rome Statute of the International Criminal > Court, which > reflects customary international law, defines as a > war crime in > Article 8(2)(b)(viii) "the deportation or transfer > of all or > parts of the population of the occupied territory > within or > outside this territory" by the occupying power. > > Under Article 7 (d) of the Rome Statute, the > deportation or > forcible transfer of population would also > constitute a crime > against humanity, when carried out in a widespread > or systematic > way, as part of a governmental policy. > > The Rome Statute defines deportation or forcible > transfer of > population as "forced displacement of the persons > concerned by > expulsion or other coercive acts from the area in > which they are > lawfully present, without grounds permitted under > international > law". |
Madinat al-Muslimeen Islamic Message Board |