The Impact of tribal expulsion on Individual rights (A comparative study between Jordan and Palestine)

Abstract

Tribal expulsion is considered one of the customary practices that are still applied in some Arab countries, such as Jordan and Palestine, despite the abolition of tribal courts and the adoption of modern laws. It is resorted to as a customary means to contain disputes and prevent bloodshed by forcibly removing the perpetrator's family from their homes, despite their lack of responsibility for the criminal act other than the blood tie that binds them to the perpetrator. However, this practice leaves significant social and legal impacts, affecting the social fabric and threatening the principles of justice and the rule of law, foremost among them the principle of personal punishment, which prohibits punishing those not responsible for the crime. The study aimed to analyze tribal expulsion from a legal and social perspective, review its practical applications, and highlight its contradictions with mandatory legal rules. The study concluded that tribal expulsion constitutes a blatant violation of human rights and contributes to the disintegration of the social fabric, especially in the State of Palestine, where the occupying authorities exploit this practice to impose forced displacement on families under the guise of custom. This necessitates a reconsideration of the practice and a reduction in its continuation, in line with the principles of justice and human dignity.