Posted on 09/03/2002 10:43:43 PM PDT by Cinnamon Girl
The Palestinian Authority announced Wednesday morning that it was refusing to accept two relatives of a Palestinian terrorist who are slated for deportation from the West Bank to Gaza. The PA leadership instructed forces posted at the Erez crossing not to let the two enter the Gaza Strip, Army Radio reported. If they are barred from entering Gaza, the two will likely have to remain in the border crossing area either in Erez or in Rafah.
The relocation of the two follows Tuesday's unanimous decision by a nine-judge panel of the High Court of Justice which ruled that the army was legally entitled to relocate the two due to the fact that they had aided an individual in carrying out terror attacks by hiding him from Israeli security forces and by moving bombs.
A PA spokesmen on Tuesday slammed the court's decision, calling it "a black day for human rights."
The court approved a two-year expulsion to the Gaza Strip for Kifah and Intisar Ajouri, brother and sister of Ahmed Ali Ajouri, who sent a suicide bomber to attack Tel Aviv's old central bus station in July. But it refused to allow the deportation of Abdel Nasser Atzida, the brother of Nasser a-Din Atzida, who was responsible for several attacks on the settlements of Immanuel and Yitzhar. The court postponed the deportation of the Ajouris until Wednesday morning to give them time to organize.
The U.S. State Department reiterated Tuesday its criticism of the decision. The State Department spokesman on Middle Eastern affairs, Greg Sullivan, said that the U.S. expects that Israel's actions in the war against terror would be based on information against specific suspects, and not against their relatives.
The ruling upheld the IDF's contention that the relocation of the brother and sister to the Gaza Strip is not "deportation," as defined by Article 49 of the Fourth Geneva Convention, because deportation involves expulsion to a foreign country, whereas the West Bank and the Gaza Strip are essentially a "single territorial unit." It therefore said the expulsion of the Ajouris amounts to "assigned residence," which is permitted under Article 78 of the Fourth Geneva Convention.
The ruling emphasized that the Geneva Convention stipulates that "assigned residence" can only be used as a punitive measure if the subject has the right to appeal and periodic dates for reevaluating the necessity of the measure are set. These terms have been met in the Ajouri case, the court held: Their case was reviewed by an appeals committee, and it was decided that their relocation to the Gaza Strip will be reevaluated after six months.
The court ruled that international law allows the IDF to assign residence, and that an army commander has wide discretion in such matters. However, the justices stressed, such discretion has limits. An army officer is empowered to use this measure only if there is reasonable cause to believe that the person poses a threat to security and the assignment of residence will mitigate this threat. Thus an innocent relative who poses no security threat cannot be assigned to a new place of residence, even if it is proven that the relocation would deter others from perpetrating acts of terror, the verdict said.
Once it is proven that a person poses a threat to security, the court said, the defense establishment has the right to consider whether assigning his or her residence will deter other potential terrorists. In this respect, the court supported the IDF's contention that "assigned residence" can be an effective weapon in the campaign against suicide strikers.
Using these legal standards, the court reviewed the specific cases of the Ajouri siblings and Atzida, all three of whom submitted petitions against the IDF's orders to relocate them to Gaza. With regard to Intisar Ajouri, the court stated, there is proof that she furnished direct assistance to her brother Ali, particularly by sewing his explosive belt. There is also proof that Kifah Ajouri assisted his brother, both by arranging a hiding place for him and by standing watch while Ali and his colleagues moved explosives from one place to another. There are thus grounds for believing that both siblings pose a security threat that could be defused by assigning their residence.
In the third case, however, the court held that while there is evidence that Abdel Nasser Atzida furnished a car, clothing and food to his brother, sufficient proof was not furnished to link him to his brother's terrorist activities.
Buh-Bye!
Because these are good, wholesome, pure, loving, family-oriented, innocent murdering terrorist supporters, who will suffer greatly from being moved to a different neighborhood, dammit -- and those Israeli teens who are trying to eat pizza at the local pizza shop are vile, evil creatures who don't even give the proper obedience to Allah and who therefore deserve to have their arms and legs blown off without warning or a trial, and watch their babies dying in the streets.
Well, of course, the trial wouldn't work anyway, since the Israeli civilians haven't actually done anything...
Anyway, that's not relevant... Do come on now, and get with the program...
MissAmericanPie suggested:
Parachute them in, see how they like that.
NOW...You're Talking!
This Is What MUST Be Done in the USA....Immediately If Not Sooner!
Gary, if you are Not going to run for President, then I sure HOPE that You will send Your List of 20 Actions To Save America to the current occupant of the Peoples White House!
Please add just one more: We Must Put GOD - The Almighty Living GOD of Abraham, Isaac and Jacob, The Holy One Of Israel and His Holy Word...back into our Hearts, Homes, Schools and the Very Fabric of our Society.
Thank You and GOD BLESS You.
Good reading.
Excellent source for winning debates.
Click on pic to read online book,
Why I am Not a Muslim, by Ibn Warraq:
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