Deportation (by Israel of Palestinians from the Occupied Territories)

Punitive measure used by Israel against civilians from the territories it occupies since 1967.

1156 Palestinians have been deported between 1967 and 1977, 50 between 1977 and 1987, and 488 between 1988 and 1992. The latest deportation, also the most massive one (415 people), was of a new type: it was conceived as a measure to remove unwanted persons for two years (no permanent banishment) and they could appeal to the Supreme Court from outside Israel. In order to justify this measure, Israel refers to the « Defense (Emergency) Regulations » brought into effect in Palestine by the British Mandatory power in 1945 (but abrogated by the United Kingdom in May 1948 two weeks before the departure of its troops from Palestine and the proclamation of the State of Israel).

Deportation is totally prohibited in all cases and without exception by article 49 of the Fourth Geneva Convention of 1949 (1) . The UN Security Council has adopted a large number of resolutions on this matter, each time condemning Israel for its deportation of Palestinians (no less than twelve resolutions for the period 1980-1992: res. 468 (1980), 469 (1980), 484 (1980), 605 (1987), 607 (1988), 608 (1988), 636 (1989), 641 (1989), 681 (1990), 694 (1991), 726 (1992) and 799 (1992)).

Since the signature of the Israeli-Palestinian agreement of 13 September 1993, around 200 deportees have already been allowed to return.

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(1) according to the Supreme Court of Israel, the country is not violating article 49 of the Geneva Convention because this article is only aimed at preventing deportations such as those carried out by the Nazis during World War II (see Supreme Court, Ruling 785/87 (Afu et al. versus the IDF Commanderin the West bank)).