Afu v. Commander of IDF Forces in the West Bank

HCJ 785/87, 845/87, 27/88, 42(s) PD 1 (1988)

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Afu v. Commander of IDF Forces in the West Bank

Israel Supreme Court
HCJ 785/87, 845/87, 27/88, 42(s) PD 1 (1988)

Facts

Afu and two other individuals (plaintiffs) were residents of the territories of Gaza and the West Bank, which at the time were under Israeli military rule. Afu and the two other petitioners were convicted of violence, incitement of others to acts of violence, and engaging in activities for a terrorist organization. After their release from prison, Afu and the other two petitioners continued their violent activity. The commander of the Israeli Defense Forces (defendant) issued orders for the deportation of Afu and the other petitioners, who then sought review of the deportation orders in the Israel Supreme Court. Afu and the other petitioners argued that the deportations violated the Geneva Convention. The Geneva Convention had not been incorporated into Israeli law by the Israeli legislature.

Rule of Law

Issue

Holding and Reasoning (Shamgar, C.J.)

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