itself [as per Article 76] is based on the fundamental principle forbidding
deportations laid down in Article 49.”230
Israeli Policies and Practices
Despite these unequivocal legal provisions, Israeli occupying forces
systematically transfer Palestinian detainees from inside the occupied West
Bank, including East Jerusalem, to locations inside of Israel. Of the seventeen
prisons Palestinians are taken to upon arrest, only one of them is located
inside the oPt; Ofer Prison. In contradiction to the circumstances permitted
in Article 49, it cannot be reasonably contended that material reasons exist
which render the imprisonment of Palestinians inside the West Bank an
impossibility. To the contrary, Israel’s ability to detain Palestinian prisoners
inside the West Bank is one clearly demonstrated by the presence and use of
Ofer Prison, for instance, for this precise purpose.
This systematic and illegal transfer of Palestinian prisoners and detainees from
the occupied territory also carries with it a human impact; the consequence
is that Palestinian relatives of prisoners and detainees who would therefore
require a permit to enter Israel are regularly denied family visitation permits,
based on ‘security grounds’. Based on accounts of family members, these
permits are systematically denied for male family members between the age
of 16 and 35.231 Overall, the ongoing deportation of Palestinian detainees
presents not just significant human implications, but also operates as part of
a wider Israeli disregard for international law which threatens to erode the
relevance of international law generally.
Israel commonly uses threats of deportation during interrogation as a form of
pressure in order to coerce Palestinian detainees into providing a confession.
Detainees have reported being threatened with forcible transfer to the Gaza
Strip if they did not confess to a crime. Forcible transfer to the Gaza Strip is also
used by Israeli forces as a condition of release. Iyad Abu Fannoun, from Battir
village in Bethlehem, was arrested on 24 April 2012, by Article 186 of Military
Order 1651, after having been released under the 2011 prisoner exchange
deal, following eight years in Israeli prisons.232 He was forcibly transferred on
4 July 2013 to the Gaza Strip after agreeing to a deal for release that stipulated
230 ICRC, Commentary on Article 76 of Fourth Geneva Convention, 1958. Available at: https://www.icrc.
org/applic/ihl/ihl.nsf/1a13044f3bbb5b8ec12563fb0066f226/8b92ce0a4577615ac12563cd0042cf18
231 Addameer, Restrictions On Family Visits, January 2016. Available at: http://www.addameer.org/key_
issues/family_visit
232 BADIL & Addameer, Deportation As Policy: Palestinian Prisoners & Detainees In Israeli Detention, 17
April 2016. Available at: http://www.addameer.org/sites/default/files/publications/addameer_-_
badil_factsheet_17_april_2016.pdf
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