OCCUPIED JERUSALEM (PMC): Forcible transfer of Palestinians to Gaza Strip constitutes "a war crime" and "a grave violation of one of the most basic principles of international human rights law," Amnesty International said in a press release late Tuesday.

"The unlawful forcible transfer of protected persons constitutes a war crime under both the Fourth Geneva Convention and the Rome Statute of the International Criminal Court. Under the Rome Statute such violations may also constitute crimes against humanity," said Amnesty International.

Israeli High Court of Justice issued on Tuesday a ruling allowing the forcible transfer of two Palestinians from their hometown of Nablus to the Gaza Strip on the grounds that they allegedly assisted their brother to commit attacks against Israelis.

The two Palestinians, Intisar and Kifah 'Ajuri, have been in detention since 4 June and 18 July, respectively, but have never been charged and no proceedings have been initiated to bring them to trial. The Israeli government claims that it cannot try them because this would expose the source of the evidence against them.

Tuesday's "ruling effectively allows for a grave violation of one of the most basic principles of international human rights law - notably the right of any accused to a fair trial and to challenge any evidence used against them," Amnesty International said.

"Anyone suspected of a recognizably criminal offence should be promptly charged and brought to trial. Otherwise, they should be released," the organization added.

Forcible transfer involves movement against a person's will within national frontiers. Deportation involves movement against a person's will across national frontiers. Amnesty International's opposition to the forcible transfer of the two above-named and any other individuals is based on the following international standards, Amnesty said in its press release:

The Fourth Geneva Convention, which:

- Defines "unlawful deportation or transfer or unlawful confinement of a protected person" as a grave breach of the Convention and therefore a war crime. (Article 147).

- Prohibits "collective penalties and likewise all measures of intimidation" as well as "reprisals against protected persons and their property." (Article 33)

- Stipulates that: "Individuals or mass forcible transfers, as well as deportations of protected persons form occupied territories to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motives". (Article 49)

- States that: "Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentence therein". (Article 76)

- The Rome Statute of the International Criminal Court, which reflects customary international law and:

- Defines deportation or forcible transfer of population as "forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law."

- Defines as a war crime in Article 8(2)(b)(viii) "the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory" by the occupying power.

- Stipulates that the deportation or forcible transfer of population would also constitute a crime against humanity, when carried out in a widespread or systematic way, as part of a governmental policy. (Article 7 (d)).