Red Cross attacks exile of Palestinians

As twelve of the 13 Palestinian gunmen exiled by Israel left Cyprus for European Union countries yesterday, the International Committee of the Red Cross stated that their "transfer" outside the occupied Palestinian West Bank was illegal under humanitarian law.

Vincent Lusser, a spokes-man for the Middle East department of the ICRC in Geneva, cited Article 49 of Annexe 4 of the Geneva Conventions, telling The Independent: "Transfers outside occupied territory are illegal and that covers the 13 men."

The European Union has said "humanitarian" concern prompted it to give temporary exile to the 13 Palestinians, who spent weeks in the Church of the Nativity in Bethlehem after being surrounded by Israeli troops during the recent offensive in the West Bank.

Amid Palestinian flag-waving and V-signs on the apron at Larnaca airport, nine of the Palestinians left on board a Spanish military aircraft and three on an Italian executive jet.

Spain and Italy are each to take three of the men, Greece and Ireland will each take two and Belgium and Portugal will each take one. The 13th, the head of the Palestinian intelligence service in Bethlehem, will stay in Cyprus for the present.

Most of the exiles appear to be members of the so-called al-Aqsa Brigades and Hamas, which have claimed responsibility for 60 suicide bombings inside Israel and the occupied territories in the past 20 months.

Article 49 states specifically that "individual or mass forcible transfers ... from occupied territory to the territory of the occupying power or to that of any other country ... are prohibited, regardless of their motive".

Mr Lusser was explicit. "They do fall under that category. And this has an impact on families being able to meet them," he said.

Article 49 says that an occupying power – in this case Israel – "shall ensure ... that members of the same family are not separated".