(UNHCR) define IDPs as “persons or group of persons who have been forced
or obliged to flee or to leave their homes or places of habitual residence,
in particular as a result of or in order to avoid the effects of armed conflict,
situations of generalized violence, violations of human rights or natural
or human-made disasters, and who have not crossed an internationally
recognized state border.”5 This definition is purely descriptive and does not
grant any special rights or guarantees; however, the rights IDPs can enjoy
are those already recognized under specific bodies of international law.
Indeed, the Guiding Principles are not binding per se, but they reflect and are
consistent with binding principles of International Human Rights Law (IHRL)
and International Humanitarian Law (IHL).
Specifically, Palestinian IDPs can be divided into two main categories:
1.
Those Palestinians who were internally displaced inside the area that
became Israel in 1948, and their descendants, including Palestinians
displaced during the 1948 War (approximately 384,200) and those
subsequently displaced inside Israel, mainly due to internal transfer,
land expropriation and home demolitions. The majority of them
are located in northern Israel, in the Galilee region, in cities with a
mixed Israeli-Palestinian population such as Haifa and Acre, and in
the southern Naqab region.6
2.
Those Palestinians who have been internally displaced in the oPt
since 1967 (approximately 334,600) as a result of Israel’s policies of
forcible transfer. This group also includes some Palestinian refugees
displaced during the 1948 War, who suffered subsequent secondary
displacement in the oPt.7
The lack of a formal legal definition and the absence of a comprehensive
registration system reflects the analogous absence of an authoritative source
of information about the majority of Palestinian refugees and IDPs. As a result
of and also due to repeated forced displacement, exact estimates of the
current size of the Palestinian refugee and IDP population are unavailable.
5
UNHCR, Guiding Principles on Internal Displacement, OCHA/IDP/2004/01, June 2001, available at:
http://www.unhcr.org/protection/idps/43ce1cff2/guiding-principles-internal-displacement.html
[hereinafter UNHCR, Guiding Principles].
6
Nihad Bokae’e, Palestinian Internally displaced Persons inside Israel, Challenging the Solid structure,
BADIL, February 2003; BADIL, Survey of Palestinian Refugees and Internally Displaced Persons, 20132015 (Bethlehem, Palestine), 32 [hereinafter BADIL, Survey 2013-2015]; BADIL, Survey of Palestinian
Refugees and Internally Displaced Persons, 2010-2012, (Bethlehem, Palestine), 7 [hereinafter BADIL,
Survey 2010-2012].
7
By reason of the high frequency of displacement and the absence of a comprehensive registration
system, the number of these 1948 refugees who have been displaced again in 1967 is largely unknown.
13
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