We should not forget that there is a callous and manifest unlawfulness about this network of Israeli prisons, all but one of the 19 being located in Israel, in direct violation of Article 76 of the Fourth Geneva Convention governing belligerent occupation: “Protected persons accused of offenses shall be detained in the occupied country, and if convicted they shall serve therein.” Underlying such a provision of law is a humane impulse: compelling an individual to be imprisoned in the occupying country imposes a geographic separation from family and homeland, which in the Israeli case is accentuated by a permit system that as a practical matter makes family visits from occupied Palestine a virtual impossibility. With respect to prisoners from Gaza, there are virtually no prison visits allowed even if sentences are for several decades or lifetime. As is widely known, the people of Gaza have been subject to a punitive blockade maintained ever since mid-2007 that involves a massive imposition of collective punishment on the civilian population, a crime of war so specified in Article 33 of the Fourth Geneva Convention.
Israel’s cruelty toward Palestinian prisoners is underscored by its recent practice of releasing West Bank hunger strikers at death’s doorstep, then deporting them for a period of years to Gaza; that is, beyond access to their families and normal places of residence, at a moment when their physical condition is so deteriorated that they could not possibly become a security threat and when most in need of nurture and familiar surroundings. Hana Shalabi, who was particularly close to her family, was so deported to Gaza for three years and just days ago. Ayman Sharawneh was similarly deported for ten years as part of a plea bargain. Such a shocking practice is worthy of global condemnation. It involves another form of collective punishment inflicted both on the person so confined to Gaza and to his or her family that is not allowed to travel from the West Bank to Gaza. There is a triple perverseness about this practice of prisoner release: Gaza, itself an open-aired prison, also serves Israel as a site of punitive internal exile, and makes the distinction between ‘prison’ and ‘freedom’ almost disappear into surreal thin air. One can only imagine the global protest movement if Hamas had conditioned Gilad Shalit’s release on his confinement in a Salafi controlled region of Egypt!
This pattern of unlawful imprisonment and unjust deportation also interferes with the preparation of adequate defense representation as Palestinian lawyers also experience routine difficulties in obtaining permits and visiting rights. Article 76 also requires that prison conditions for those living under occupation should under no condition be worse than those of Israeli prisoners in Israel, which makes the disallowance and obstruction of family visits for Palestinians unlawful, as well as cruel.
It is increasing evident that international humanitarian law falls short when it comes to offering suitable protection to the Palestinian people who have been living under occupation since 1967, with no end in sight. It is not only occupation, but a continuous process of encroachment that cumulatively has assumed the character of de facto annexation via the massive settlement phenomenon. Under these circumstances, and given the inalienable right of self-determination that belongs to the Palestinian people, there is posed some protection for rights of resistance. These rights need to be exercised in a manner respectful of civilian innocence, but difficult issues of identification are posed in relation to armed and violent Israeli settlers. True, those who act in resistance are not technically prisoners of war, who are protected the Third Geneva Convention, but they are acting to fulfill fundamental rights being violated by those who occupy their land and sit in judgment when they act defensively. What is needed, beyond all doubt, is a code of conduct, if not an additional protocol to the Geneva Conventions, that fills in this gap associated with resistance. Resisters should be treated with the same dignity under international humanitarian law as is associated with Prisoners of War. Their acts, even if violent, are in keeping with prevailing societal and civilizational values, and perpetrators, even when confined for reasonable security reasons, should be treated with appropriate dignity. Unlike sociopathic common murderers, rapists, and the like (and even they should also be treated in accord with international standards), the acts of Palestinian prisoners are viewed as heroic by their own society and political culture, as well as many people throughout the world. They deserve international recognition and protection. Their ‘crimes’ will eventually be vindicated by history as part of a final chapter in the struggle against European colonial rule.
I believe it to be a moral obligation of all of us who care about human rights and freedom to read this book, and share it with others. The Palestinians, whose rights and dignity have been long trampled upon, especially deserve our deepest empathy, as well as our solidarity in their struggle. Reading the words of these prisoners vividly discloses the nature of such a struggle in the form of witnessing by those Palestinians who have put their lives at risk for the sake of recovering their stolen homeland. We also owe a debt of gratitude to Norma Hashim, who has edited this collection as a work of devotion and an expression of solidarity with and reflection on the Palestinian struggle. Its publication in book form is timed to coincide with Palestinian Prisoner’s Day, April 17th.
The PDF version of Prison Diaries can be downloaded now for USD1.99 at http://theprisonersdiaries.blogspot.com. The printed book will be available at palestinemall.net from 17 April 2013.
