BEIRUT, 23 May — As 12 of the 13 Palestinian fighters exiled by Israel left Cyprus for European countries yesterday, the International Red Cross stated that their “transfer” outside the occupied Palestinian West Bank was illegal under humanitarian law. Citing Article 49 of Annex 4 of the Geneva Conventions, Vincent Lusser, spokesman for the Middle East department of the ICRC in Geneva, told The Independent that “transfers outside occupied territory are illegal and that covers the 13 men.”
The EU has claimed that “humanitarian” concern prompted them to give temporary exile to the 13 Palestinians, all of whom spent weeks in Bethlehem’s Church of the Nativity after being surrounded by Israeli troops. Amid Palestinian flag-waving and V-signs on the apron at Larnaca Airport in Cyprus, nine of the Palestinians left aboard a Spanish military aircraft and three aboard an Italian executive jet. Spain and Italy are to take three of the men, Greece and Ireland will each take two and Belgium and Portugal will each take one. The thirteenth, the head of the Palestinian intelligence service in Bethlehem, will remain in Cyprus for the present.
Most of the exiles appear to be members of the Al-Aqsa Brigades and Hamas which have claimed responsibility for 60 bombings inside Israel and the occupied territories in the past 20 months.
The ICRC’s statement, however, casts further doubt on their legal presence in European countries. Article 49 states quite specifically that “individual or mass forcible transfers...from occupied territory to the territory of the occupying power or to that of any other country...are prohibited, regardless of their motive.”
Lusser was quite explicit. “They do fall under that category. And this has an impact on families being able to meet them.” In fact, Article 49 says than an occupying power — in this case Israel — “shall ensure...that members of the same family are not separated.” But the families of all 13 men remain in the occupied territories and the ICRC has yet to be asked to reunite them.
The EU has not permitted sons, daughters, wives or fathers and mothers to join the Palestinians who will, according to the rather odd language of Miguel Moratinos, the EU’s Middle East envoy, “have freedom, although they will be under a certain control.”
The Spanish Red Cross is involved with immigration facilities for their three exiles — they will help them “integrate” into Spanish society. “We realize this solution was formed in a deadlock and we assume it was taken with the agreement of the 13 people involved,” Lusser said. “This is why we didn’t make an active outcry. We assume this is a temporary measure.” (The Independent)
