Al Mezan Condemns the Israeli Increasing Indictments of Gazans as 'Unlawful Combatants'; Calls International Community to Intervene

On Sunday, 24 August 2014, the Israeli Central Court in El Saba' (Beer Shiva) extended the detention of Samir Ibrahim Al Najjar on the ground that he is an 'unlawful combatant'.
The court decision comes under the Israeli 'Unlawful Combatants Law', which allows the occupation authorities to treat Gazans as such; thus depriving them from their most basic rights and removing the protections that law affords them when exposed to detention.
This Law allows for detaining Gazans without a trial or sufficient evidence.
During the ground invasion of Khuzaa village in Khan Younis on 26 July 2014, IOF arrested Sameer Al Najjar, 45, a father of five children, and kept him for 28 days as he was subjected to interrogation before the court decision to extend his detention was issued on 24 August 2014, treating him as an “unlawful combatant”.
Israel passed the 'Unlawful Combatants Law' in 2002, and passed an amendment to it in 2008.
This Law permits arresting 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 are they entitled to a civilian detainee status under the Fourth Geneva Convention.
This Law practically strips detainees from any rights and protections provided for by International Humanitarian Law (IHL) and International Human Rights Law (IHRL).
According to this Law, persons who are suspected to have taken part in hostile activities against the State Israel 'directly or indirectly', or carried out hostile activities against the security of the State of Israel can be considered 'unlawful combatants'.
The Law lends wide 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 at the court or allowing for adequate legal representation.
Moreover, the Law grants full authority to the Israeli Military Chief of Staff, or a deputy of his, absolute powers 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 particularly during the last winter offensive 'Operation Cast Lead'.
Israel argues that, since that time, Gaza has no longer been 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 an 'occupied territory' by the UN and international community at large.
Al Mezan Centre for Human Rights asserts that 'Unlawful Combatants Law' gravely violates the rules and principles of IHL; namely theFourth 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 Mezanconsiders the continued, and indeed 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 Centre therefore calls for the abolition of the 'Unlawful Combatants Law' without delay.
The international community is called upon to intervene and ensure due protection for Palestinian civilians, including detainees, and bringing to an end the grave violations of IHL and human rights in OPT.
Ends