22
orders constitute a flagrant violation of International Humanitarian Law and
International Human Rights Law3. The implementation of these two military orders
would result in expelling seventy thousand Palestinians from the West Bank, as the
target of such a decision are the Palestinians living in Palestine. It also falls within
the context of the Israeli policy of ethnic cleansing and forced exile. The scope of the
term “infiltrator”, which is used in both orders, has been broadened to the extent
that it could apply to any persons living in the West Bank, and so anyone could
easily be exiled. Pursuant to military order number (1650), whoever illegally enters
the area would serve a seven year term in prison, and whoever enters the area
legally but without having a “permit” would serve a three year term in prison as
punishment. The military commander can order deportation of whoever this
definition applies to, and his order would be executed within 72 hours of issuance
or even less. The order of deportation would be treated as an order of detention,
and so it constitutes “a legal ground for detainment of the infiltrator pending
implementation of deportation order”. Due to such a definition, the order applies to
every Palestinian, whether born in the West Bank or whoever entered it legally from
the Gaza Strip or from abroad. This means that whoever does not have a permit is
an “infiltrator”, and the decision applies to every person living now in the West Bank
regardless of their legal status, identity or nationality. Thousands of the Palestinians
living in the West Bank could be immediately expelled pursuant to these two new
military orders, which as a result, would constitute a blatant contravention of the
Fourth Geneva Convention, particularly Article (49), which bans the coercive transit
of protected groups or individuals (civilians) or deporting them from their occupied
territory. These orders were imposed while the Israeli occupation authorities have
been suspending thousands of applications submitted by Palestinians living in the
West Bank for reunification with their families. The occupation authorities refuse to
grant them legal status.
c. The content of the two military orders flagrantly contravenes international
standards of human rights and principles of international law. They represent
another instrument for the Israeli occupation forces to have control over the
demographic shape of occupied Palestine and to bestow legitimacy to the coercive
exile of civilian Palestinians. Based on these orders, Israel would be taking illegal
3
It is a blatant infringement of the PNA’s jurisdiction, aimed at shrinking its powers or even cancelling
them in contravention of what has been agreed in Taba and Washington in 1994‐1995 in regard to
transferring powers to the PNA in areas (A, B). The interim agreement of 1995 (Oslo 2) bestows powers to
the PNA, giving it jurisdiction over civil affairs of all persons except Israelis in areas (A,B) of the West Bank.
Only the PNA has the jurisdiction to issue identity cards for the citizens in these areas, and not Israel.