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Max Planck Encyclopedia of Public International Law [MPEPIL]

Aliens, Expulsion and Deportation

Walter Kälin

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 28 February 2021

Subject(s):
Equality before the law — Deportation — Expulsion — Migrants, rights — Extradition and mutual assistance — Forced transfers or displacement — Geneva Conventions 1949

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 Expulsions and deportations are a State’s unilateral acts of ordering a person to leave its territory and, if necessary, of forcefully removing him or her. The terminology used at the domestic or international level is not uniform but there is a clear tendency to call expulsion the legal order to leave the territory of a State, and deportation the actual implementation of such order in cases where the person concerned does not follow it voluntarily. The International Law Commission (ILC) defines expulsion not only as ‘a formal act’ but also ‘conduct attributable...
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