By David Bedein
September 6, 2006
The London-based newspaper Al-Hayat reported on Sept. 5th that the kidnapped Israeli hostage, Gilad Shalit is now in Egypt as part of a deal to release him. The paper reported that Shalit was brought to Egypt a short while ago in return for guarantees that Israel would release 800 Palestinian prisoners in three stages.
Al-Hayat also reported that Hamas retracted its demand that Shalit be released at the same time as the prisoners.
Palestinian Authority Chairman Abu Mazen said that a prisoner exchange agreement has been reached in which Gilad Shalit will be returned to Israel. In an interview with a Bahraini newspaper, Abu Mazen said Shalit will be transferred to Egypt and held there until Israel carries out its part of the deal.
No Israeli government official would comment on this report.
However, if it is true that Shalit is in Egypt, there would be far reaching legal implications
Egypt, as a sovereign nation state, with a peace treaty with Israel, would have trouble explaining how its government would not hand over a citizen from a neighboring state who was abducted by a terrorist organization.
Israeli legal authorities are now conferring on the implications of what it would mean if, indeed, an abducted Israeli citizen is in the custody of the Egyptian government.
Such a situation would transform Egypt into a state which collaborates in kidnapping.
International law would require Egypt to hand over the hostage, regardless of any commitment given to the terror organization that had kidnapped the hostage.
A leading international lawyer in Jerusalem gave his perspective:
We have a peace treaty with Egypt. We have formal diplomatic relations with Egypt. If the Egyptian government takes possession of our soldier and refuses to release him on our demand, then Egypt will be in violation of international law. States at peace do not hold each other's soldiers against their will.
However, Israel must demand his release. If Israel says it's OK for Egypt to hold Shalit for some duration, then Egypt would not be violating international law. In effect, Egypt will be, with Israel's approval, holding Shalit in escrow, demonstrating that Shalit is alive and can be released, but holding him until the agreed upon terms have been fulfilled -- until however many prisoners Israel has agreed to let go prior to his release have been let go.
The key here, then, once Egypt has Shalit, is GETTING THE ISRAELI GOVERNMENT TO DEMAND HIS RELEASE. Egypt is under absolutely no obligation under international law to honor the demands of the kidnappers, who have released Shalit to Egypt's possession. Israel can say, "You've got him, now give him to us, without stipulations or delay." Then, if Egypt balks, it's time to put pressure on Egypt.
Egypt -- which may well say things about how it must act as an honest broker and how this demand will ruin trust -- would have no legal grounds to stand on if it tried to keep Shalit should Israel insist on his release accompanied by threats of international repercussions.
Views expressed by the author do not
necessarily reflect those of israelinsider.
 
|
|
|
|
Click on the blue headline to read a Talkback comment and respond to it. Click on the  icon to send a private email to the talkback writer. The icon appears only if the writer has decided to be contacted. If no popup window appears, please make sure your popup blocker allows israelinsider.com.
|
|
| |
|
