Former PA Minister of Prisoners admits that fewer than 5 Palestinian prisoners are POWs, in contrast to PA claim that all imprisoned terrorists are internationally recognized POWs
Excerpt of Jerusalem District Court protocol, civil suit 3367-09, Feb. 7, 2018
PMW Head of Legal Strategies Maurice Hirsch: “Does the Palestinian Authority view the prisoners, the murderers (sic., the murderer prisoners) as prisoners of war? If they are soldiers and are captured by the other side that’s called a prisoner of war, no?”
Former PA Minister of Prisoners and Released Prisoners’ Affairs Ashraf Al-Ajrami: “Listen, that’s a definition from Geneva Convention Number 3. It defines what a prisoner of war is, or what that is- also Geneva Convention Number 4 from 1949 (sic., the Fourth Geneva Convention does not define prisoners of war, it deals with civilians in war zones). In the Palestinian Authority they say that the Palestinian prisoners are prisoners of war, but I was [the PA] minister [of prisoners’ affairs] and I know – I was also a prisoner myself – I know the difference between Convention Number 3 and Convention Number 4. Number 3 says that if you capture someone who has a uniform-”
Maurice Hirsch: “Just to clarify, that’s article 3 (sic., article 4 of the Third Geneva Convention, which defines prisoners of war).”
Jerusalem District Court Vice President Judge Moshe Drori: “The Third Convention is the Prisoners of War Convention, the Fourth Convention is during wartime. Sir, you are not saying something correct.”
Ashraf Al-Ajrami: “Why?”
Judge Moshe Drori: “Because aside from having a weapon he (i.e., the prisoner of war)… intended to observe the rules of warfare. That is an additional condition; you simply did not say it.”
Ashraf Al-Ajrami: “Yes, yes, I didn’t finish, okay. Therefore [there are] also those who perhaps some of them will be defined as prisoners of war and some not. But the large part of them are actually political prisoners-”
Judge Moshe Drori: “One moment, I simply couldn’t understand. You were the minister of prisoners’ affairs; what was the largest number of prisoners during your time – 2,000, 3,000, 10,000, how many were there?”
Ashraf Al-Ajrami: “Twelve thousand.”
Judge Moshe Drori: “Twelve thousand. Of them, how many people carried out an attack while wearing a uniform and openly having a weapon? Ten? Five?”
Ashraf Al-Ajrami: “Fewer perhaps.”
Judge Moshe Drori: “How many?”
Ashraf Al-Ajrami: “I don’t know.”
Judge Moshe Drori: “Excellent. Let’s say 10 out of 12,000. So 11,900 (sic., 11,990) are not prisoners of war?”
Ashraf Al-Ajrami: “No, certainly not.”
Judge Moshe Drori: “So they are not prisoners of war?”
Ashraf Al-Ajrami: “In an international definition no.”
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PMW Head of Legal Strategies Maurice Hirsch: “Does the Palestinian Authority view the prisoners, the murderers (sic., the murderer prisoners) as prisoners of war? If they are soldiers and are captured by the other side that’s called a prisoner of war, no?”
Former PA Minister of Prisoners and Released Prisoners’ Affairs Ashraf Al-Ajrami: “Listen, that’s a definition from Geneva Convention Number 3. It defines what a prisoner of war is, or what that is- also Geneva Convention Number 4 from 1949 (sic., the Fourth Geneva Convention does not define prisoners of war, it deals with civilians in war zones). In the Palestinian Authority they say that the Palestinian prisoners are prisoners of war, but I was [the PA] minister [of prisoners’ affairs] and I know – I was also a prisoner myself – I know the difference between Convention Number 3 and Convention Number 4. Number 3 says that if you capture someone who has a uniform-”
Maurice Hirsch: “Just to clarify, that’s article 3 (sic., article 4 of the Third Geneva Convention, which defines prisoners of war).”
Jerusalem District Court Vice President Judge Moshe Drori: “The Third Convention is the Prisoners of War Convention, the Fourth Convention is during wartime. Sir, you are not saying something correct.”
Ashraf Al-Ajrami: “Why?”
Judge Moshe Drori: “Because aside from having a weapon he (i.e., the prisoner of war)… intended to observe the rules of warfare. That is an additional condition; you simply did not say it.”
Ashraf Al-Ajrami: “Yes, yes, I didn’t finish, okay. Therefore [there are] also those who perhaps some of them will be defined as prisoners of war and some not. But the large part of them are actually political prisoners-”
Judge Moshe Drori: “One moment, I simply couldn’t understand. You were the minister of prisoners’ affairs; what was the largest number of prisoners during your time – 2,000, 3,000, 10,000, how many were there?”
Ashraf Al-Ajrami: “Twelve thousand.”
Judge Moshe Drori: “Twelve thousand. Of them, how many people carried out an attack while wearing a uniform and openly having a weapon? Ten? Five?”
Ashraf Al-Ajrami: “Fewer perhaps.”
Judge Moshe Drori: “How many?”
Ashraf Al-Ajrami: “I don’t know.”
Judge Moshe Drori: “Excellent. Let’s say 10 out of 12,000. So 11,900 (sic., 11,990) are not prisoners of war?”
Ashraf Al-Ajrami: “No, certainly not.”
Judge Moshe Drori: “So they are not prisoners of war?”
Ashraf Al-Ajrami: “In an international definition no.”
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