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Israel deports familes of suicide bombers

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Israel deports familes of suicide bombers
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".


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