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martedì 4 maggio 2010
Al-Haq’s Legal Analysis of Israeli Military Orders 1649 &
1650: Deportation and Forcible Transfer as International
Crimes
REF: 61/2010
On 13 April 2010, military orders 1649 „Order regarding Security provisions. and
1650 „Order regarding Prevention of Infiltration., issued by the General Officer
Commander of the Israeli Occupation Forces Central Command, entered into force.1
These military orders dramatically broaden the existing definition of „infiltration. in
the occupied West Bank, criminalizing and subjecting to deportation every person
present there. If implemented, these orders would facilitate the mass deportation or
transfer of Palestinians and other protected persons from the West Bank, in clear
violation of international law.
This paper will provide an analysis of the text of the military orders themselves, and
an overview of the overall context of the military order regime through which they
have been introduced. It will consider how the threat of imprisonment or deportation
may be used to target particular groups of protected persons in the West Bank. The
content of the military orders and the prohibition on deportation and forcible transfer
will be analysed by reference to international law.
An analysis of the orders: All persons present in the West Bank are ‘infiltrators’
The definition of infiltration
Military order 1650 amends military order 329 “Order regarding Prevention of
Infiltration”, dating from 1969. According to that order, an infiltrator was a person
who entered the West Bank from Jordan, Syria, Lebanon and Egypt, without a permit
from the military commander of the area, or who stayed in the area after the
expiration of such a permit. The aim of the order was mainly to prevent Palestinian
refugees from returning to their homes, and to prevent armed combatants from
entering occupied territory. The meaning of „unlawful. entry into the area was defined
by reference to the opposite term „lawful. which meant „as per permit by the military
commander.. Punishment for infiltration included imprisonment or a fine, and
possible deportation.
Recently issued military order 1650 radically widens the definition of infiltration to
include all those who (i) enter the area „unlawfully. and (ii) who are present in the
area without lawfully holding a permit. A permit is defined as a:
1 Order regarding Prevention of Infiltration (Amendment No. 2) and the Order regarding Security
Provisions (Amendment No. 112). Available at: http://www.hamoked.org.il/news_main_en.asp?id=904
