Palestine, Israel is bound by the general obligation of protection in the entire territory over
which it exercises its jurisdiction, comprising 1948 Palestine and the oPt. This is derived from
international law whereby individual states have the primary responsibility to safeguard the rights
of their citizens and those subject to their authority and jurisdiction. Nevertheless, a preliminary
distinction is necessary in order to fully understand the range and sources of its duties.
g
Israeli Obligation and Non-Compliance with its Duty to Protect Palestinians with
Israeli Citizenship
Israel has a duty to respect obligations stemming from IHRL, which include, inter alia, the
prohibition of the arbitrary displacement of persons subject to its jurisdiction, including
Palestinians with Israeli citizenship. This acts as the corollary of the fundamental human
right to freedom of movement, encompassing the right to choose a place of residence within
a person’s country, and to leave and enter that country.419 Arbitrary forced displacement
that is based on discrimination,420 Apartheid,421 or ethnic cleansing is unlawful under IHRL.
Within its borders, Israel acts as a state and therefore its obligation to protect its citizens is
the same that is applied to all other states. However, not only has Israel failed to abide by
this obligation, it has continually and intentionally displaced Palestinians within and outside
that territory. As discussed in Chapter 2, the expulsion of approximately 85 percent of
the Palestinian population from the territory between 1947-1949 was only the beginning
of Israel’s forced displacement. The ongoing displacement of Palestinians with an Israeli
citizenship has not stopped since, as Israel continues to implement policies of denial of
residency and return, land confiscation, discriminatory zoning and planning, denial of
services, and institutional discrimination to perpetuate and further displace Palestinians
and advance the ‘Judaization’ of the territory.
g
Israeli Obligation and Non-Compliance with its Duty to Protect Palestinians in
the oPt
IHRL remains an applicable legal framework in situations of occupation. In addition to
it, Israel is also bound by obligations affirmed by IHL, which require an occupying state
to protect the civilian population of the occupied territory.422 The prohibition of forced
displacement is even stricter under IHL than IHRL: individual or mass forcible transfer
not only amounts to a grave breach, but also a war crime under the Rome Statute of the
International Criminal Court.423 This prohibition is subject only to the narrow caveat of
419
ICCPR (n 341), General Comment No. 27.
International Convention on the Elimination of All Forms of Racial Discrimination (adopted 21 December 1965,
entered into force 4 January 1969) 660 UNTS 195, Art. 5(d) [hereinafter CERD] <https://www.ohchr.org/sites/
default/files/cerd.pdf> accessed 3 October 2022.
421
International Convention on the Suppression and Punishment of the Crime of Apartheid (adopted 30 November
1973, entered into force 18 July 1976) A/RES/3068(XXVIII) [hereinafter Apartheid Convention] <https://www.
un.org/en/genocideprevention/documents/atrocity-crimes/Doc.10_International%20Convention%20on%20the%20
Suppression%20and%20Punishment%20of%20the%20Crime%20of%20Apartheid.pdf> accessed 3 October 2022.
422
See Wall Advisory Opinion (n 413), 106.
423
Rome Statute (n 400), art 8(2)(b)(viii).
420
94
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