which states are obliged to readmit their own nationals, in light of
the corresponding hosting burden they would otherwise impose on
other states.65 The second follows as a natural corollary of the first,
and is based upon the prohibition of denationalization, where states
cannot avoid the rule of readmission simply by denationalizing their
own nationals (the prohibition becomes even stronger in cases of
mass denationalization).66
4.
The right of return is also considered under refugee law (a subset
of IHRL, which also incorporates principles of IHL) as a central
remedy within the framework of durable solutions designed by
the international community in order to address refugee flows.
There are two other solutions considered - voluntary host country
integration and voluntary resettlement - but repatriation is the only
one that constitutes a right accorded to individuals, which generates
a corresponding binding obligation upon the state of origin of the
refugee population, following directly from the rule of readmission
based in the Law of Nationality (above).67 Refugee law points also
to the modality under which voluntary return should take place,
underlining that it should occur “in safety and dignity without any
fear of harassment, discrimination, arbitrary detention, physical
threat or prosecution”.68
The role of the UN resolutions in restating and strengthening
Palestinians’ right of return
The right of return of displaced Palestinians has been expressly recognized by
UN bodies on several occasions. General Assembly Resolution 181 of 1947,
which provided for the establishment of an Arab state and a Jewish state in
65 This rule is universally recognized and has acquired customary status. See, e.g. Lex Takkenberg, The
Status of Palestinian Refugees in International Law (Oxford : Clarendon Press, 1998) 238; and Guy
Goodwin-Gill, The Refugee in International Law (Oxford : Oxford University Press 1996) 269.
66 That second rule has also reached customary nature. Paul Weis, Nationality and Statelessness in
International Law (Alphen aan den Rijn: Sijthoff & Noordhoff, 1979) 54-57.
67 The customary nature of the duty of the country of origin to readmit refugees on its territory is
corroborated by various examples, as the 1994 Bosnia Agreement; the 1995 Dayton Agreement,
Annex 7; the 1997 Croatia Agreement; the 1994 Guatemala Agreement; the final peace agreement
for Cambodia.
68 Handbook on Voluntary Repatriation, supra note 40, Chapter 2.6. See also Jeff Crisp, Katy Long, “Safe and
Voluntary Refugee Repatriation: from Principle to Practice”, Journal on Migration and Human Security
4, No.3 ( 2016): 141-147. Under IHRL, IDPs are entitled to similar rights, where the Guiding Principles on
Internal Displacement affirm the primary duty of the competent authorities of “establish] conditions, as
well as provide the means, which allow internally displaced persons to return voluntarily, in safety and
with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of
the country.”(See UNHCR, Guiding Principles, supra note 5, principle 28).
25
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