Furthermore, Article 19 of the Restitution Principles on the Prohibition of
arbitrary and discriminatory laws says:
•
•
States should neither adopt nor apply laws that prejudice the
restitution process, in particular through arbitrary, discriminatory, or
otherwise unjust abandonment laws or statutes of limitations.
States should take immediate steps to repeal unjust or arbitrary
laws and laws that otherwise have a discriminatory effect on the
enjoyment of the right to housing, land and property restitution, and
should ensure remedies for those wrongfully harmed by the prior
application of such laws.51
Finally, UNGA Resolutions A/RES/54/74 (1999) and 70/86 (2015) reaffirm
that Palestine refugees are “entitled to their property and to the income
derived therefrom.”52 And fundamentally, The Guiding Principles on Internal
Displacement specifically state that “property and possessions left behind
by internally displaced persons should be protected against destruction and
arbitrary and illegal appropriation, occupation or use.”53
IHL Provisions
In addition to adherence to IHRL, including all the aforementioned provisions
(legality, public interest, proportionality, access to remedy, as well as
exceptionality and non-discrimination), Israel is also bound by the principle
of military necessity, in cases of land confiscation in the oPt.
Land Confiscation in IHL
The obligations and prohibitions of the Occupying Power concerning land in
occupied territory are clearly addressed in IHL. The seizure of property is only
permissible under strict criteria: that the seizure is absolutely necessary for
51 UN Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human
Rights, Principles on housing and property restitution for refugees and displaced persons, E/CN.4/
Sub.2/2005/17, 28 June 2005, available at: http://www.unhcr.org/protection/idps/50f94d849/
principles-housing-property-restitution-refugees-displaced-persons-pinheiro.html [accessed 25
August 2017].
52 UN General Assembly, , Palestinian refugees’ properties and their revenues, A/RES/54/74, 6
December 1999, available at: http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/54/74
[accessed 18 September 2017]; ; UN General Assembly, Palestinian refugees’ properties and their
revenues, A/RES/70/86, 9 December 2015, available at: http://www.un.org/en/ga/search/view_doc.
asp?symbol=A/RES/70/86, [accessed 18 September 2017].
53 UNHCR, Guiding Principles, Principle 21(3), supra note 45.
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