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Israeli Supreme Court Suspends Expulsion of Activists' kin

"The PA shouldn't accept them [deportations]; if it does, hundreds of Palestinians will be deported to Gaza," the Israeli rights group lawyer said

OCCUPIED JERUSALEM, August 13 (IslamOnline & News Agencies) - The Israeli Supreme Court on Tuesday, August 13, suspended the deportation to the Gaza Strip of three relatives of Palestinian activists until their cases are heard, court sources said.

The three relatives filed an appeal Tuesday at Israel’s Supreme Court, the rights group representing them said, Agence France-Presse (AFP) reported.

A decision by an army tribunal to expel the three is the first application of a controversial new policy aimed at discouraging further retaliatory suicide bombings against Israel.

The Center of the Defense of the Individual, an Israeli rights group, appealed the ruling Tuesday to the top court on behalf of the defendants, said their lawyer, Lea Tsemel.

The rights group, which mounted appeals against the original expulsion orders, slammed the new ruling as a "collective punishment contrary to international law and natural rights."

Tsemel said "this is a pitiful decision," noting that "Israel used to expel Palestinians to Arab countries," like Egypt and Lebanon, and then just dumped them on the Lebanese border when that country refused to accept them.

"The Palestinian Authority shouldn't accept them [deportations]; if it does, hundreds of Palestinians will be deported to Gaza," Tsemel said.

She said the military tribunal's judge had himself said that the Authority cannot be obliged to accept them.

The expulsion ruling deeply angered Palestinian officials who called it a "war crime" and threatened to do their utmost to hamper its application.

"The decision to deport the families of our martyrs is a crime we cannot remain silent over," Palestinian Presidnet Yasser Arafat told reporters, according to AFP.

"We will take measures to answer this step," he said, without saying what the Palestinians would do.

Palestinian Information Minister Yasser Abed Rabbo said in a statement: "The Palestinian Authority will prevent this crime and will not facilitate their [the expelled Palestinians] entry into Gaza.

"Israel's aim is to evacuate the territories of their people ... and plan more settlements," he charged.

Palestinian factions have threatened retaliation if the deportation of martyrs’ relatives take place. The Al-Aqsa Martyrs Brigades, an offshoot of Arafat's Fatah movement, even threatened to attack the relatives of Israeli officials.

The two main Islamic resistance movements, Hamas and Islamic Jihad, also rejected the expulsions, vowing to continue resistance against Israel.

The United States has voiced its disapproval of deportations, and U.N. Secretary General Kofi Annan said he was "deeply concerned" by the proposed policy, urging Israel to respect the fourth Geneva Convention, which deals with the protection of civilians in times of war.

The three were among 21 Palestinians arrested last month because they were related to activists suspected of involvement in retaliatory operations against Israel in July.

Israeli law, inherited from the inter-war British mandate, allows for the transfer of Palestinians living in the West Bank or Gaza Strip if "they personally represent a security threat."

Critics say that if it can be proved that relatives aided and abetted a fighter's opration, they should be prosecuted for doing so through the courts rather than dumped in the Gaza Strip.

The military court in the West Bank settlement of Beit El, near Ramallah, made its decision late Monday, August 12, in the case of Intissar Adjuri, 34, from the Askar refugee camp near Nablus. Her slain brother was accused of carrying out a July ambush of a Jewish settler bus.

But the ruling also applies to her brother Kifah, 28, and to Abdel Nasser Assidi, 34, from the village of Tel, who was also accused of involvement in the attack.

 

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