Now we are also worried that they will take my youngest son to Gaza. He
was imprisoned few months ago, in September, and was sentenced to four
months of administrative detention. We don't know whether they will release
him or just renew the detention. They [the Israelis] spoke about deportation,
they asked him why he is living in Bethlehem and told him he is an illegal
alien. He told them he had been living in Bethlehem since he was one and
half years old. I have all of his school certificates to prove that he has been
actually living here since he was a small child, and I also have official papers
from UNRWA to prove that we have been living in the refugee camp for a
long time. The Israeli judge said they will study his case but they didn't say
anything about deporting him to Gaza when they ordered his administrative
detention, so we're just hoping he won’t be.
Having my son in Gaza is really hard, but it's really hard for him to leave anywhere
else. If we had West Bank IDs we would’ve been able to apply for permits and
go visit him in Gaza. We applied to change our IDs in 2011, I got rejected but
my husband and kids are still on the waiting list. I don't know why I got rejected
even though I was born here in Bethlehem and I originally had a West Bank ID.
The refusal was for security reasons. I think they're refusing to change our IDs
because my children are in jail. My family is divided into three different places,
one family in three parts, Gaza, Bethlehem and the Israeli prisons.”
Mother of prisoner deported to the Gaza Strip, Aida Refugee Camp
Interview: 28 November 2016
In response to petitions submitted by human rights groups, highlighting
the illegality of Israel’s deportation of Palestinian detainees, the Israeli
Supreme Court has held that such deportations are lawful insofar as Israeli
domestic law, which permits such deportations, and takes primacy over
international law in the event of any direct conflict between the two. Such
a position, however, represents a clear contravention of Article 27 of the
Vienna Convention on the Law of Treaties, which asserts that a party may
not invoke the provisions of its internal law as justification for a failure to
perform a treaty obligation.233
Conditional Release
In order to suppress any future action by prisoners or detainees upon their
release, Israel often employs a conditional release policy to continue to
exert control over their movements and activities outside of prison. Some
prisoners, like Bilal Kayed from Nablus, are offered release only on the
condition of deportation from their place of origin (in Kayed’s case to Jordan)
233 BADIL and Addameer, Deportation as policy: Palestinian Prisoners and Detainees in Israeli Detention,
17 April 2016. Available at: http://www.badil.org/phocadownloadpap/badil-new/publications/
research/in-focus/addameer__badil_factsheet_17_april_2016.pdf
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