By ALI ABUNIMAH
The latest Israeli hasbara tactic to combat growing international opposition to Israel's criminal blockade of the occupied Gaza Strip is to complain that the International Committee of the Red Cross (ICRC) has been prevented from visiting the Israeli soldier captured by the Palestinian resistance organization Hamas in 2006 while he was enforcing the military occupation and siege of the Gaza Strip.
Indeed, a representative of the ICRC stated last week with respect to the Israeli soldier Gilad Shalit's case, that the organization has been working hard to secure two things: (a) a visit to Shalit by ICRC representatives, and (b) direct contact between Shalit and his family.
The representative said:
Our efforts have lost none of their intensity, despite the fact that Hamas has so far firmly rejected all of our pleas. It is unacceptable to hold a soldier captive without allowing him contact with his family, as required under international humanitarian law. We particularly regret that political considerations so far appear to have carried more weight than humanitarian concerns.
We have stepped up our contacts with the Hamas authorities, for example at high-level meetings held recently in Gaza and Damascus. We have requested access to Mr Shalit and tried to obtain information about his condition. We have also requested that Hamas hand over to Gilad Shalit thousands of letters and greeting cards sent to him by various organizations as well as by schoolchildren and other individuals. We deeply regret that all these requests have been rejected. We have also been constantly reminding his captors of their obligation under international humanitarian law to protect his life, to treat him humanely and to let him have regular and unconditional contact with his family.
Whatever the reasons behind its decision to deny Gilad Shalit regular contact with his family, Hamas has an obligation under international humanitarian law to allow such contact. Hamas said publicly that security considerations prevented it from allowing the ICRC to visit Shalit. Security considerations cannot, however, justify a refusal to permit the exchange of news between Gilad Shalit and his family for almost four years.
Both Israel and the Palestinian factions have obligations towards those they detain, and they cannot relieve themselves of these obligations on grounds of lack of reciprocity. This principle is at the very heart of humanitarian law.Under international humanitarian law and human rights law, everyone is entitled to respect for their family rights. People held captive must therefore be given the opportunity to have regular contact with their loved ones. An ICRC programme enabling Palestinian families to regularly travel to see close relatives detained in Israeli prisons has been accepted for decades, and the ICRC has always accepted the security controls that were imposed. But the programme has been suspended for families from Gaza. The ICRC has repeatedly called for the resumption of family visits to Gaza detainees and will continue to do so.
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