Unlawful Presence of Protected Persons in Occupied Territory? An Analysis of Israel's Permit Regime and Expulsions from the West Bank under the Law of Occupation

作者: Alon Margalit , Sarah Hibbin

DOI: 10.1007/978-90-6704-811-8_7

关键词:

摘要: During more than forty years of occupation, Israel, the Occupying Power, has sporadically expelled Palestinian individuals from Occupied Territory. Whilst this was protested against as unlawful by human rights defenders, practice upheld Israeli High Court on security grounds. Recently, cases expulsions West Bank have become frequent and they are no longer based considerations. The policy further been formalised through military legislation. Now, every person in whose registered address Population Registry is not must hold a permit order to stay occupied territory. In absence such permit, an individual considered infiltrator subject prosecution expulsion. Ten thousands Palestinians Gaza Strip which prevented Israel changing their currently exposed expulsion Gaza. This article analyses under international humanitarian law, mainly law occupation. It explores prohibition forcible transfers deportations territory well its implementation Court. discusses core issues definition protected persons Fourth Geneva Convention, right live reside powers granted Military Commander

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