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6 - The effect of transition on settlers implanted by illegal regimes

Published online by Cambridge University Press:  05 July 2011

Yaël Ronen
Affiliation:
Hebrew University of Jerusalem
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Summary

Introduction

Illegal regimes characteristically take measures to change the demographic composition of the territory under their control. One common strategy is the forced removal of local inhabitants from the territory. The other main strategy is the transfer into the territory of a settler population loyal to the illegal regime's government, and the subsequent granting of residence or nationality in the territory to this population. This chapter concerns the response of the post-transition regime to this second strategy, which was prevalent to different extents in most of the case studies.

At the time of transition from the illegal regime to the new, lawful regime, it is not surprising that there are calls, at various levels, for the physical removal or expulsion of settlers from the country, or at least for their exclusion from the body politic. These calls represent a variety of interests and sentiments. Common to most situations is resentment towards the settlers as representatives of the exploiting regime, and a quest for retribution. This sentiment is not limited to situations where an illegal regime ends; it is common to many regimes following political conflict. Another motive for advocating expulsion is the concern of the post-transition regime that despite formal withdrawal, the previous, illegal regime will utilize its diaspora to continue dominating the territory under the new regime.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2011

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References

Slivenko v. Latvia, [95]. ECtHR, Üner v. the Netherlands, [56]–[58], which examines this issue in light of the Committee of Ministers Recommendation Rec (2000) 15 and PACE Recommendation 1504 (2001)
,Human Rights Committee, AS v. Canada, Decision on Admissibility, Communication No. 68/1980 (31 March 1981) UN Doc CCPR/C/12/D/68/1980, [5.1]
Nowak, Manfred, U.N. Covenant on Civil and Political Rights: CCPR Commentary, 2nd edn (Kehl: N. P. Engel, 2005), 287–288Google Scholar
Jagerskiold, Stig, ‘The Freedom of Movement’, in Henkin, Louis (ed.), The International Bill of Rights: The Covenant on Civil and Political Rights (New York: Columbia University Press, 1981), 180–181Google Scholar
Henckaerts, Jean-Marie, Mass Expulsion in Modern International Law and Practice (The Hague: Martinus Nijhoff, 1995), 83Google Scholar
Hannum, Hurst, The Right to Leave and Return in International Law and Practice (Dordrecht: Martinus Nijhoff, 1987), 59–60Google Scholar

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