Gavin Shuker – 2016 Parliamentary Question to the Foreign and Commonwealth Office

The below Parliamentary question was asked by Gavin Shuker on 2016-02-25.

To ask the Secretary of State for Foreign and Commonwealth Affairs, what recent assessment he has made of the compatibility with international law of the arrest and transfer of children from the Occupied Palestinian Territories to Israel.

Mr Tobias Ellwood

We are clear that Israel has legal obligations as an Occupying Power with respect to the Occupied Palestinian Territories under the Fourth of the Geneva Conventions of 1949. This includes Article 49, which prohibits deportation of protected persons from the occupied territory and Article 76, providing that protected persons convicted of offenses shall be detained and serve their sentences within the occupied territory. We regularly talk to the Government of Israel with regard to the implementation of those obligations and raise our serious concerns, including about the treatment of Palestinian children that are arrested and detained in Israeli prisons. We have been clear with Israel that forcible transfer would be a breach of international humanitarian law and would have serious ramifications on Israel’s international standing.