With support from the Konrad Adenauer Stiftung, the Institute of Law (IoL) at Birzeit University held on 2 November 2011 a legal encounter on “The Palestinian Prisoners between International Law and Occupier’s Law: Last Swap Deal”. Mrs. Sahar Francis, Director of Addameer Prisoner Support and Human Rights Association, made the presentation. Mr. Nasser Al- Rayyes, Legal Consultant to human rights organisation AL-HAQ, apologised for attending. Dr. Ghassan Faramand, IoL Director, as well as a number of students and interested persons attended the legal encounter.

In his opening remarks, Mr. Ahmed Khaled, Legal Researcher at the IoL, welcomed the speaker and audience, expressing his hope that the presentation would be constructive and useful.

Having conveyed her thanks to the IoL for its interest in the issue of prisoners, Mrs. Francis explained the stance of international law towards Palestinian prisoners and detainees. International law treats a substantial number of Palestinian captivates as prisoners of war who are entitled to protection provided by the Geneva Convention III relative to the Treatment of Prisoners of War. Others are seen as detainees who are subject to provisions of the Geneva Convention IV relative to the Protection of Civilian Persons in Time of War. However, Israel refuses to apply these Conventions to Palestinian prisoners and detainees. Instead, it treats them as criminal prisoners or detainees who have violated Israel’s law.

Mrs. Francis also highlighted violations committed by the Israeli Prisons Authority against Palestinian prisoners and detainees. These include violation of the principle of fair trial, transportation of prisoners to the territory controlled by Israel and harsh detention conditions, including cruel, inhuman treatment, solitary confinement, and prevention of family visits. In relation to the prisoner rights movement, Mrs. Francis elaborated on the latest hunger strike declared by Palestinian prisoners and detainees held in Israeli prisons in order to ameliorate their detention conditions and put an end to solitary confinement.

Mrs. Francis presented statistics of prisoners released in the latest prisoner Swap deal between Palestinian resistance factions and the Israeli occupying authorities. She stated that the deal has also drawn attention of international media agencies to the issue of Palestinian prisoners. For the first time since the Oslo Accords were concluded, the prisoner Swap deal included Palestinian prisoners from Jerusalem and from the 1948 territory. Nevertheless, certain gaps have marred the deal, including deportation and lacking real guarantees to implement the second phase of the deal. Additionally, not all female prisoners were released.

In the ensuing discussion, Dr. Faramand commented that a new strategy should be in place to deal with the issue of Palestinian prisoners. The audience also made significant interventions and raised questions. To address this issue, participants emphasised that a national strategy must be developed, taking account of respective international law norms. Discussants also highlighted the role which civil society organisations can play in compiling this strategy.

In conclusion, Mr. Khaled extended thanks and gratitude to both the speaker and the audience for their effective participation and debate in the legal encounter.