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Thus, for example, an Occupying Power may prevent the departure of protected personswho are not nationals of the State whose territory is occupied if such departure is contrary to theOccupying Power’s national interests. The Occupying Power must comply with therequirements of Article 35 of the GC if it does so (e.g., providing for the reconsideration of itsrefusal of permission to depart by an appropriate court or administrative board). 23811.12.3 Prohibition Against Forcible Transfers and Deportations. Individual or massforcible transfers, as well as deportations of protected persons from occupied territory to theterritory of the Occupying Power, or of any other country, occupied or not, are prohibited,regardless of their motive. 239The unlawful deportation or transfer of protected persons in violation of this ruleconstitutes a grave breach of the GC. 24011.12.3.1 Exception for Certain Transfers and Evacuations. Nevertheless, theOccupying Power may undertake total or partial evacuation of a given area if required for thesecurity of the population or for imperative military reasons. Such evacuations may not involvethe displacement of protected persons outside the bounds of the occupied territory except when,for material reasons, it is impossible to avoid such displacement. Persons thus evacuated shall betransferred back to their homes as soon as hostilities in the area in question have ceased. 241For example, in some cases, the whole of occupied territory, such as an island, may bedangerous, and it may be safer for the protected person to be transferred from occupiedterritory. 242The Occupying Power undertaking such transfers or evacuations shall ensure, to thegreatest practicable extent: (1) that proper accommodation is provided to receive the protected238 GC COMMENTARY 277 (“For the procedure to be followed, Article 48 refers expressly to Article 35. Personswho wish to leave the occupied territory therefore enjoy the same safeguards as protected persons living in theterritory of a party to the conflict, i.e. they will have the right to appeal to a court or administrative board and to askfor a Protecting Power to intervene. On the other hand, under paragraph 1 of Article 35, the Occupying Power isentitled to object to the departure of a protected person when its national interests make this absolutely necessary.”).239 GC art. 49 (“Individual or mass forcible transfers, as well as deportations of protected persons from occupiedterritory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited,regardless of their motive.”).240 Refer to § 18.9.3.1 (Acts Constituting Grave Breaches).241 GC art. 49 (“Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if thesecurity of the population or imperative military reasons so demand. Such evacuations may not involve thedisplacement of protected persons outside the bounds of the occupied territory except when for material reasons it isimpossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon ashostilities in the area in question have ceased.”).242 II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 759 (“As regards the proposedsuppression of the words ‘except in cases of physical necessity’, there were cases where, owing to the limited size ofthe territory, it was physically impossible to evacuate the population otherwise than to places outside the occupiedterritory. That was the case, for example, in the islands of Wake and Guam, where the whole of the territory couldbe considered as dangerous.”).778