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FRIDAY, JANUARY 15, 1988
Deportation Has Roots
In British Mandate Era
Israel's image around the
world, and those of the
Foreign Ministry.
In addition to the nine
Palestinians under deporta-
tion orders, there are present-
ly about 50 in administrative
detention,
HUGH ORGEL
T
el Aviv (JTA) — There
is more than a little
irony in Israel's policy
of deporting Palestinian
troublemakers.
Nineteen have been expell-
ed from the administered ter-
ritories during the past two
years and deportation orders
were issued against nine
others Jan. 3. The legal basis
derives from the British Man-
date's defense emergency
regulations of 1945.
The irony lies in the fact
that those very same regula-
tions were applied to deport
members of Haganah and of
the dissident underground
Irgun and Stern gang to such
places as Kenya and the
Seychelles before Israel was
founded.
Many of the Israeli leaders
now deporting Palestinians
were once members of
Haganah, the Irgun or the
Sternists.
On the diplomatic front,
Israel's expulsions have
elicited uniform condemna-
tion from its Western friends
and allies. It is based on the
Geneva Conventions,
especially the Fourth Conven-
tion of 1949 on the rights and
obligations of occupying
powers, which states that
deportations must not be car-
ried out from territories oc-
cupied during war.
Israeli officials and experts
on international law point
out that the relevant text —
paragraph 49 — refers to the
mass deportations of popula-
tions from territories of
another nation captured in
war.
Foreign Ministry legal ex-
pert Ronni Sabel stresses that
neither the West Bank nor
the Gaza Strip can be regard-
ed as "foreign territory" and
that there is no question of
"mass deportations." The ex-
pulsions apply only to a
relatively few agitators and
ringleaders.
An Israel Defense Force
spokesman further narrowed
it down to "particularly
disruptive individuals" in
"exceptional circumstances,
when previous means have
proved insufficient to stop ac-
tivity presenting a clear and-
present danger to the securi-
ty or public safety of the
region."
Sabel observed that the dif-
ferentiation between "mass
deportations" and the expul-
sions ordered by Israel has
been borne out by the Inter-
Jewish Telegraphic Agency
"mml
OBITUARIES
Isidor Rabi
Shamir: Also a deportee.
national Red Cross and pro-
minent international legal
experts.
It has also been upheld by
numerous rulings of Israel's
Supreme Court.
Moreover, the court rulings
extend the safeguards of due
legal process to potential
deportees. They may appeal
the expulsion orders to a
military board of review and,
if unsuccessful, to the high
court itself.
Sabel and other Israeli
jurists also maintain that
Israel is not "deporting" in-
dividuals in the generally ac-
cepted meaning of the word.
Rather, Israel is transferr-
ing West Bank residents (who
still hold Jordanian passports
and are governed by Jorda-
nian law), administered by
Israel in a territory not incor-
porated into Israel, from one
part of what Jordan still con-
siders its territory to another
part of that territory across
the Jordan River.
According to Sabel, refusal
by Jordan to accept such in-
dividuals would be illegal,
because no country may,
under international law,
refuse to accept its own
citizens deported from
another country.
But that reasoning has
dangerous pitfalls. It can be
interpreted as implying that
the West Bank remains a part
of Jordan, a view that is
anathema to Israeli
right-wingers.
If Israel has to incorporate
the West Bank, as right-wing
parties demand, it would be
deporting its own citizens,
and Jordan would have the
legal right to refuse to accept
them.
To resolve the dilemma,
Israeli officials say the
political echelon must seek a
compromise between the
demands of the Defense
Ministry and the military
authorities, who stress securi-
ty with little regard for
New York (JTA) — Isidor
Isaac Rabi, a Nobel laureate
physicist, died Jan. 12 at age
89.
Mr. Rabi won the Nobel
Prize in 1944 for his work on
magnetic properties of atoms,
molecules and atomic nuclei.
His discoveries were in-
strumental in the develop-
ment of the atomic clock, the
laser and diagnostic scanning
of the human body by nuclear
magnetic resonance.
Born in what was then
Austria-Hungary, Mr. Rabi
had a 63-year association
with Columbia University,
which in 1985 accorded him
the rare honor of creating a
professorial chair in his name.
He received his doctorate
from Columbia in 1927,
taught there and established
a center for physics and was
named a professor emeritus
in 1967.
During World War II, Mr.
Rabi was a leader of the
research team in Cambridge,
Mass., that helped develop
radar. He also served as a
senior adviser on the
Manhattan Project, which
developed the atomic bomb.
He joined with Enrico Fer-
mi to oppose the next step in
the arms race, a weapon pro-
posed by Dr. Edward Teller
and others that eventually
became the hydrogen bomb.
The two urged a world con-
ference to prohibit further
research on so powerful a
bomb.
After the war, Mr. Rabi
started his efforts to control
the atom, working first to
devise what became known as
the Baruch Plan for interna-
tional control of atomic
energy. He was the guiding
spirit behind the 1955 United
Nations Conference on the
Peaceful Uses of Atomic
Energy.
Mr. Rabi was a member of
Israel's Bar-Ilan University's
science advisory committee.
He received an honorary doc-
torate from Bar-Ilan Univer-
sity last June.