The first plague : the denial of water as a forcible transfer under international humanitarian law
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Michigan State international law review, Vol. 24, issue 2, 2015, p. 279-306
This article posits that forcible transfers are not merely achieved through explicit deportation or transfer plans on the part of an occupying power. Instead, forcible transfers and deportations may also be achieved constructively through the production of inhabitable conditions that effectively force the local population to leave. The article argues that the denial of adequate water has been used as a means to coerce the Palestinian population to abandon the West Bank. The articule first explores whether the West Bank is, for the purposes of international law, an occupied territory. After establishing the applicable law, the article explores the legal concept of deportation and forcible transfers under international law to better understand how it applies to the conflict. This article then investigates water deprivation in the West Bank. After exploring the legal and policy aspects of water deprivation, this paper offers policy recommendations for this legal quandary.
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