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World Condemnation of Israel’s Expulsion Plan

Israel’s destruction of Palestinians’ homes is a war crime: human rights groups.

UNITED NATIONS, July 20 (IslamOnline & News Agencies) - UN Secretary General Kofi Annan joined the condemnation of Israel's plan to expel to the Gaza Strip relatives of West Bank Palestinian resistance activists, saying it amounts to collective punishment, news agencies reported Saturday, July 20, 2002.

"The Secretary General is disturbed by reports that the Israeli government have again destroyed the homes of Palestinians in the West Bank, and are considering the forcible transfer of relatives of suicide bombers from the West Bank to the Gaza Strip," UN spokesman Fred Eckhard said, reported Agence France-Presse (AFP).

"While he has repeatedly condemned suicide bombings and upheld Israel's right to defend itself, the Secretary-General wishes to make clear that self-defense cannot justify measures that amount to collective punishments."

The Israeli threat also drew opposition from the government's legal adviser as well as the United States. 

France, for its part, warned that Israel would be violating the Geneva Convention if it went ahead with the planned expulsions.

The measure also sparked Palestinian fury, and threats of bloody retaliation from the resistance group Hamas.

In London, the human rights body Amnesty International appealed Friday to Israel not to expel the relatives of Palestinian activists from the West Bank to the Gaza Strip, denouncing the plan as collective punishment and therefore illegal.

"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.

It recalled that under international humanitarian law collective punishment was illegal.

"No protected person may be punished for an offence he or she has not personally committed," Amnesty said, citing Article 33 of the Fourth Geneva Convention.

Protected persons were those living in territory under military occupation, as had been 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," a statement continued: "Under the Rome Statute, which reflects customary international law, such violations may also constitute crimes against humanity."

Amnesty said Israeli forces also demolished at least two homes of 21 people arrested. "That too amounts to collective punishment prohibited by international humanitarian law," it insisted.

Israel on Friday rounded up 21 fathers and brothers of West Bank Palestinians linked to anti-Israel attacks this week and threatened to expel them to the Gaza Strip as a new form of punishment.

However, Israel's Attorney General, Elyakim Rubinstein, the government's legal adviser, said he opposed deporting the families without "tangible evidence" of their involvement in anti-Israeli attacks, casting doubt on the plan.

Raanan Gissin, spokesman for Prime Minister Ariel Sharon, said the expulsion plan, a sign of Israel's frustration at failing to stop attacks despite a massive West Bank clampdown, would be submitted to the cabinet.

Sharon and Defense Minister Binyamin Ben Eliezer voiced "displeasure" at Rubinstein's position, Israeli TV reported, arguing that "legal considerations should not prevent indispensable measures from being taken in times of war."

And in a rare criticism, the Israeli expulsion plan ran into opposition Friday from the United States.

"We believe that these actions will not solve Israel's security problems," State Department spokesman Richard Boucher told reporters.

 

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