3.5. A Separate Legal Framework for Palestinian IDPs As outlined above, the responsibility for the protection of IDPs lies primarily with states. For internally displaced Palestinians, Israel has legal obligations in two respects – towards Palestinians with an Israeli citizenship living inside 1948 Palestine, and towards the Palestinian population of the oPt, in light of the duties that derive from its status as an occupying power under IHL. Palestinian IDPs are thus split into two main groups: (1) Palestinian IDPs in the area that became ‘Israel’ in 1948, including those displaced during and after the 1948 War and their descendants, and (2) Palestinians displaced in the oPt since 1967 as a result of Israeli policies of colonization and forcible displacement. The latter group may include some 1948 Palestinian refugees initially displaced in 1948, who have later experienced secondary displacement within the oPt. 3.5.1. 1948 IDPs: IDPs Inside 1948 Palestine Although Palestinians who were internally displaced during and after the 1948 War were granted Israeli citizenship under the 1952 Israeli Citizenship Law, they are considered to be ‘absentees’ under Israeli law. This is the case despite the fact that they remained in their homeland. To this day they are systematically blocked from returning to their homes and recovering their property. Initially, Palestinian IDPs in 1948 Palestine were receiving humanitarian assistance from UNRWA, but in 1952 an agreement was reached between Israel and UNRWA to shift the administration and responsibility for internally displaced Palestinians to Israel.405 While UNRWA’s motives were essentially economic due to a Israeli police detain a Palestinian bedouin woman in the Naqab, 2022. (Source: almayadeen.net) funding shortfall, Israel’s reasons for 406 the agreement were political, as Israel saw the involvement of the international community as a factor pushing internally displaced Palestinians to demand the right of return.407 405 UNRWA Commissioner-General, ‘Annual report of the Director of UNRWA covering the period 1 July 1951 to 30 June 1952’ (1952) GAOR seventh session UN Doc supp No. 13 A/2171, 2 <https://digitallibrary.un.org/ record/708479?ln=en> accessed 3 October 2022. 406 The three main components of Israeli policy towards Palestinian IDPs at that time were: i) to give IDPs the opportunity to make a dignified living; ii) to cut the bond between the displaced and their land in their villages of origin; iii) to end their legal status as refugees. See Hillel Cohen, ‘How has Israel dealt with the Internally Displaced?’ (2006) 30-31 Al Majdal, 2529 <https://www.badil.org/cached_uploads/view/2021/05/06/al-majdal-30-31-1620308708.pdf> accessed 3 October 2022; Hillel Cohen, Present Absentees: Palestinian Refugees in Israel Since 1948 (Institute for Israeli-Arab Studies 2001). 407 Nihad Boqa’i, ‘Palestinian Internally Displaced Persons inside Israel: Challenging the Solid Structures’ (2003) 1516(3) Palestine-Israel Journal <https://pij.org/articles/1218/palestinian-internally-displaced-persons-inside-israelchallenging-the-solid-structures> accessed 3 October 2022. 88

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