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4 Emory Int'l L. Rev. 133 (1990)
Israeli Deportations of Palestinians under International Law

handle is hein.journals/emint4 and id is 147 raw text is: ISRAELI DEPORTATIONS OF PALESTINIANS UNDER INTERNATIONAL LAW I. INTRODUCTION The Israeli deportation practice in the occupied territories1 presents two diametrically opposed interpretations of international law. The Israeli Defense Force (IDF) continues to deport Palestini- ans who have violated security regulations under the military law governing the West Bank and Gaza Strip. Israel contends that the territorial laws governing the region prior to its seizure and occu- pation of the West Bank and Gaza after the Six-Day War of 1967 sanction the practice, and the Geneva Convention Relative to the Protection of Civilian Persons in Time of War does not apply. The Palestinians maintain that deportations under any circumstances violate the Geneva Convention and principles of international law. Additionally, the Palestinians assert that the procedures of the military court system established to carry out deportations violate internationally recognized due process guarantees. This Comment will survey the history and current practice of deportations by Israel, and examine the validity of the measure under applicable principles of international law. II. BACKGROUND A. Prior Utilization of Deportations in the Region The use of deportations as a security measure is hardly without precedent in this area of the Middle East. At the end of World War I, the Covenant of the League of Nations officially designated Great Britain as the Mandatory Power for Palestine, which in- cluded the regions now known as Israel proper, the West Bank and ' The highly exaggerated political significance attached to the historical and geographi- cal labels used in describing the present situation hardly requires elaboration in this Com- ment. Israelis and Palestinians refer to the territory by different historical names of reli- gious origin, to display their intolerance towards the legitimacy of the other's claim to the territory. This paper will utilize the more commonly held geographical terminology, without endorsing the generally held meanings attached to these labels. Thus, occupied territories is used, instead of the phrase territories under civilian administration, and West Bank and Gaza Strip, instead of Judea and Samaria and the Gaza district.

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