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. 23

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