The passing of the force-feeding bill was ostensibly justified on the basis
of saving and preserving human life.226 Contrary to the public justification,
however, senior government officials have consistently made evident that
the true purpose of the bill was to “prevent any political harm” hunger strikes
could potentially cause, to “avoid ‘surrendering’ to [the detainees’] demands,
to avoid the questioning of abusive policies”227 and, importantly, to “eliminate
Palestinian prisoners’ sole means of peaceful protest.”228 The objectives of the
bill are thus political in nature. Instead of approaching hunger strikes from
a perspective of medical concern, prison officials have approached them as
an act of rebellion requiring punishment, not just by force-feeding, but also
by methods including putting hunger strikers in solitary confinement, fining
them, and banning family visits.229 The legalized act of force-feeding in Israel
is therefore a politically driven, extreme policy used to oppress resistance
and break those who participate in resistance by removing the last tactic
available to prisoners to advocate for their rights.
Deportation of Prisoners
Legal Framework
Deportation of protected persons from occupied territory into the occupying
state constitutes an unlawful deportation as per Article 49 of the Fourth
Geneva Convention, as well as constituting a grave breach of the same
Convention under Article 147, and is also recognized as a war crime under
Article 8 of the Rome Statute of the International Criminal Court. More
specifically, Article 76 of the Fourth Geneva Convention, which draws heavily
from Article 49, stipulates that an occupying power may not detain residents
of the occupied territory in prisons outside of the occupied territory.
Though Article 49 of the Fourth Geneva Convention does provide certain,
limited grounds under which temporary evacuations of civilians are permitted,
“[s]uch evacuations may not involve the displacement of protected persons
outside the bounds of the occupied territory except when for material
reasons it is impossible to avoid such displacement.” The requirement that
“any sentence of imprisonment must be served in the occupied territory
226 Ibid.
227 Ibid.
228 Addameer, Factsheet: Force-feeding under International Law and Medical Standards op. cit., 16
November 2015
229 Physicians for Human Rights – Israel, Forced Feeding Fact Sheet: things you need to know, op. cit., 27
July 2015
62
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