http://msanews.mynet.net/MSANEWS/200006/20000622.31.html
Israel Seeks to Legalize War Crimes
Hostage Law Strips Civilians of Rights Guaranteed by Laws of War
(New York, June 22, 2000)-- Human Rights Watch condemned today
Israel's introduction of legislation permitting the holding of
hostages, a war crime. The draft "Imprisonment of Combatants not
Entitled to Prisoner of War Status Law" passed its first reading
in Israel's Knesset yesterday by a vote of 22 to 6.
Human Rights Watch criticized the legislation in letters on
Wednesday to Israeli Prime Minister Ehud Barak, Justice Minister
Yossi Beilin, Attorney General Elyakim Rubinstein, Knesset Speaker
Avraham Burg, and Knesset committee chairs Amnon Rubinstein and
Dan Meridor. While sharing concern over the fate of Israelis
missing in Lebanon, the organization said that there is no
acceptable justification for committing war crimes.
In a case in April involving Lebanese detained as hostages,
Israel's Supreme Court ruled that administrative detention cannot
be used to hold individuals as "bargaining chips." Lower courts
have since ordered the release of all but two of the hostages,
Sheikh `Abd al-Karim `Obeid and Mustafa al-Dirani. A ruling on
their case has been postponed until July 12, apparently to allow
the introduction of yesterday's legislation.
"Israel's highest courts have acknowledged that the Lebanese
hostages are held illegally," said Hanny Megally, the executive
director of Human Rights Watch's Middle East and North Africa
division. "The Knesset should not attempt to sidestep the
courts."
Israel kidnaped Lebanese nationals `Obeid and al-Dirani from
Lebanon in 1989 and 1994, respectively. Israeli officials admit
that the two are being held for future use in negotiations to gain
the release of Israeli nationals gone missing in Lebanon. As
such, their detention is both a grave breach of the Fourth Geneva
Convention and a violation of Israel's legal obligations under the
International Covenant on Civil and Political Rights. They should
be immediately released.
Human Rights Watch also criticized the sweeping language of the
legislation, which provides almost unlimited powers to the
military to detain civilians arbitrarily and indefinitely. This
raises serious concerns that the legislation could be used to
detain persons based on their political beliefs, and not for any
actual acts they have committed.
A backgrounder with Human Rights Watch's analysis of the draft
legislation can be found at
http://www.hrw.org/press/2000/06/isr0622.htm.
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