9 April 2009
Al Mezan has released the latest among a series of reports that deal with the ongoing human rights violations that the Palestinians in the OPT, and in Gaza in particular, suffer from as a result of the siege imposed by Israel and more recently the offensive of December 2008/January 2009.
This report focuses on Israel's methods of detaining Palestinians under Israel's Incarceration of Unlawful Combatants Law, 5762-2002.
This law allows the military to incarcerate civilians without convincing evidence, and to abrogate the detainees' rights in Israeli prisons.
The law was passed as a way of legally continuing Israel's practice of administrative detentions.
Prior to the 08/09 Offensive on Gaza, codenamed Operation Cast Lead, more than 900 Palestinians from the Gaza Strip were being detained in Israeli prisons, serving sentences for 'security' offences.
During the recent offensive which lasted for 22 days and resulted in the death of 1,410 Gazans (85 percent of whom were civilians), Israel captured over 100 Gazans and took them to prisons in Israel.
Fourteen of these prisoners were then convicted of being unlawful combatants, after having trials that do not meet any of the international standards of a fair and just trial.
The law in principle, and even more in practice, violates international human rights and humanitarian standards.
The violations it incurs share similarities to the US policy towards 'enemy combatants', as defined by the 2006 Military Commissions Act, and the justice system being implemented in Israel for these prisoners share many similarities with those of Guantanamo Bay.
The United States has finally decided to change its practices and respect international human rights standards.
This change in policy was due to internal as well as international pressure.
This report highlights the international community's obligation to condemn the current policies, in the way that it did those of the United States.
Under international law the international community holds the secondary responsibility to prevent the continuation of human rights violations in any territory, including the Occupied Palestinian Territories.
Full report is available at: http://www.
mezan.
org/en/details.
php?id=8619&ddname=detention&id2=7&id_dept=24&p=center
Ends