Al Mezan Condemns the Israeli Indictment of Gazans as 'Unlawful Combatants';

The Israeli authorities continue to hold Palestinian detainees from Gaza as ‘unlawful combatants’ amidst violation of prisoner rights under international law, including poor prison conditions, lack of family visitation, and abuse of administrative detention.


On Sunday, 27 December 2015, the Israeli Central Court in Beersheba extended the detention of Munir Ismail Hamada on the grounds that he is an 'unlawful combatant'.
The court decision refers to the Israeli 'Unlawful Combatants Law', which allows the Israeli occupation authorities to deprive Palestinian prisoners from Gaza of their basic rights while removing the protections that the law should provide them when exposed to detention. The Law allows for the detention of Gazans without a trial or sufficient evidence.


On 8 November 2015, the Israeli occupation forces arrested Munir Hamada, 48, at Erez crossing. Hamada had a businessman permit issued by the Israeli authorities to travel via Erez crossing. He is married and lives in Gaza with a family of 10.  Hamada was subject to interrogation for 28 days. On 27 December 2015, the Israeli court declared him as an “unlawful combatant”.


Israel passed the 'Unlawful Combatants Law' in 2002 and an amendment to it in 2008.
The Law permits the arrest of protected persons on the basis of mere suspicion.  Gazans who are detained under this Law are entitled neither to the status of a prisoner-of-war under the Third Geneva Convention nor  to a civilian detainee status as protected persons under the Fourth Geneva Convention. In practice, this Law strips detainees of their rights and protections provided for in international humanitarian law (IHL) and international human rights law (IHRL) for prisoners and detainees. According to this Law, persons who are 'suspected' to have taken part in hostile activities against the State of Israel 'directly or indirectly', or carried out hostile activities against the security of the State of Israel can be considered 'unlawful combatants'.


The Law gives vast powers to Israeli regular courts, which can order arrest, conviction and/or detention of any suspected person for unlimited periods of time without showing evidence or allowing for adequate legal representation. Moreover, the Law grants full authority to the Israeli Military Chief of Staff, or his deputy,  to order the arrest of any person based on mere suspicions that he/she could be an 'unlawful combatant', even without the presence of the subject before the military commander who issues the arrest warrant.


This Law has been applied on many Gazan detainees since the Israeli 'disengagement' in September 2005, but was widely employed during the last winter offensive 'Operation Cast Lead'. Israel argues that since the disengagement, Gaza is no longer an 'occupied territory', and that the redeployment of its troops in and around the Gaza Strip has marked the end of its occupation.


This contention is at odds with the universal qualification of the situation in the Gaza Strip, which is considered as an 'occupied territory' by the United Nations, International Committee of the Red Cross, and the international community at large.


Al Mezan Center for Human Rights asserts that the 'Unlawful Combatants Law' gravely violates the rules and principles of IHL; namely the Fourth Geneva Convention Relative to the Protection of Civilians in Times of War; the minimum standards of fair trial, and protection of the detainees under IHL and IHRL.


Al Mezan considers the continued, and increasing, categorization of Palestinians residents of Gaza as 'unlawful combatants' as yet further evidence that the Israeli judiciary continues to provide legal cover to the grave IHL and human rights violations in the oPt.


Al Mezan strongly condemns the Israeli disregard to its obligations under IHL and IHRL. Al Mezan calls on the international community to exert pressure on Israel to revoke the Unlawful Combatant Law; to provide the due protection for Palestinian detainees held in Israeli prisons; and to end the Israeli gross violations of international law.

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