WRITTEN QUESTION P-0406/02 by Antonio Tajani (PPE-DE) to the Commission. Kidnap of Israeli soldiers.
Date: 2002-02-11
Institutions: European Parliament, Provisional data
Subjects: EU relations, Israel, Lebanon, Red Cross, armed forces, human rights, illegal restraint, rule of law

17.4.2003

EN

Official Journal of the European Union

C 92 E/9

The Commission notes, nevertheless, that the inclusion of terrorist crimes as such in the Rome Statute was
discussed at the time of the drafting of the Statute, but no article on terrorist crimes was adopted.
Resolution F of the ICC Statute notes that the Assembly of States parties may include terrorism at a later
stage once an accepted definition has been settled.

The Commission notes, on the other hand, that it might not be excluded that a specific ‘terrorist’ conduct
may still amount to a crime against humanity or any other crime in the Statute, provided it meets the
criteria set down for those crimes.

(1) OJ L 155, 12.6.2001.

(2003/C 92 E/010)

WRITTEN QUESTION P-0406/02

by Antonio Tajani (PPE-DE) to the Commission

(11 February 2002)

Subject: Kidnap of Israeli soldiers

On 7 October 2000 three Israeli soldiers, Binyamin Avraham, Adi Avitan and Omar Souad were captured
by the Hezbollah terrorist organisation whilst patrolling the Israeli-Lebanese border.

Investigations have revealed that the Hezbollah men were disguised as United Nations soldiers, using
UNIFIL uniforms and vehicles.

Since their kidnap the Israeli soldiers have been kept in isolation, without any means of communicating
with the outside world. Hezbollah have not even allowed the International Red Cross to visit the soldiers
and ascertain their state of health.

On 2 November 2001 the Israeli Brigadier-General Rabbi Yisrael Weiss declared the three soldiers dead.

What steps will the Commission take to obtain information concerning the fate of the three soldiers?

If it is confirmed that they are dead, what steps will the Commission take to ensure that the bodies of the
men, whose place of burial is still unknown, are returned to their families?

Answer given by Mr Patten on behalf of the Commission

(1 March 2002)

The Commission strongly supports the upholding of the rule of law, and finds the taking of hostages by
any country or organisation completely unacceptable. The taking of hostages contravenes the Universal
Declaration of Human Rights. The Commission has raised the subject of the four Israeli citizens held by
in order to make
Hizbollah since 7 October 2000 with the Lebanese, Syrian and Iranian authorities,
known its concerns, and to seek information on their well-being. Regrettably, no information has been
forthcoming. The Israeli authorities have recently indicated that the three soldiers abducted at the Syria-
Lebanon border (in the Shebaa farms area) may no longer be alive.

The Member of the Commission in change of External Relations received the families of the three Israeli
soldiers on June 2001 and informed them of the Commission’s view that ‘hostage-taking was unacceptable,
to withhold information about the well-being of the detained Israelis was wicked, and to deny access to
them by the International Committee of the Red Cross (ICRC) was indefensible’. The Cabinet of the
President of the Commission met on 21 January 2002 with Mr Haim Avraham, father of one of three
Israel Defence forces (IDF) soldiers abducted.

The Commission insists on the right of all those arrested or detained in circumstances of conflict to have
access to the ICRC, and that international law be respected.