the national borders, while forcible transfer occurs within the frontiers of
one and the same State or territory.110 Israel has recently implemented a new
policy in East Jerusalem which orders residents to vacate their homes and
the city of Jerusalem, often forcing them into other parts of the West Bank
(arbitrary forcible transfer orders).111 Orders that force Palestinians to move
out of East Jerusalem to other parts of the West Bank constitute arbitrary
forcible transfer and arbitrary deportation is when they are forced to go to
Israel or abroad.112 Article 9 of the UDHR clearly states that “no one shall
be arrested, detained or exiled arbitrarily”, yet this has become a common
Israeli practice in East Jerusalem, especially for activists and public figures
against whom they have difficulty in presenting charges for their arrest.113
The practice of arbitrary expulsions is considered a war crime and a crime
against humanity according to international law.114 In 2016 alone, the Israeli
authorities issued orders of expulsion out of Jerusalem to Anan Najeeb,
Akram Shurafa, Obada Najeeb, Raed Salah, Mohammad Razem, Hijazi Abu
Sbeih and Samer Abu Aisha.115 Both Abu Sbeih and Abu Aisha rejected their
orders, remained in Jerusalem, and organized protests against this policy that
they consider to be intended to emptying Jerusalem of Palestinians and of
erasing its Palestinian identity. Abu Aisha, for example, is mainly known for
organizing singing marches in East Jerusalem, gathering youth to drink coffee
in order to challenge the erection of security barricades in Damascus Gate,
and using costumes as a way to protest.116 Many other Palestinian residents
of Jerusalem were also given expulsion orders in 2015. None of these orders
were based on a judicial process.
The implementation of a similar policy known as ‘punitive residency
revocation’ has increased in recent years, since the Israeli Minister of Interior
in 2006 was given permission to punitively revoke the residency status of
East Jerusalem Palestinians if they “breached their duty of allegiance to the
110 International Law Commission, Article 18(g) of the Draft Code; this approach was also adopted by
most of the ICTY judgments. Available at: goo.gl/9t2IhP
111 Addameer Prisoner Support and Human Rights Association, Addameer: Illegal Forcible Transfer Aims to
Empty Jerusalem of its Palestinian Residents, 29 December 2015. Available at: http://www.addameer.
org/news/addameer-illegal-forcible-transfer-aims-empty-jerusalem-its-palestinian-residents
112 Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva (Geneva
Convention IV), 12 August 1949, Article 49
113 Addameer, Addameer: Illegal Forcible Transfer Aims to Empty Jerusalem of its Palestinian Residents,
op. cit., 29 August 2015
114 ICRC, Rule 129 of Customary IHL. Available at: https://ihl-databases.icrc.org/customary-ihl/eng/docs/
v2_rul_rule129
115 Addameer, Addameer: Illegal Forcible Transfer Aims to Empty Jerusalem of its Palestinian Residents,
op. cit., 29 August 2015
116 Nir Hasson, 2 Palestinian Social Activists Arrested After Barricading Themselves in Red Cross Building,
Haaretz, 6 January 2016. Available athttp://www.haaretz.com/israel-news/.premium-1.695805
33