in the Arab world.153 Arab states instead seek a solution whereby Palestinian
refugees can return to their homes and are no longer reliant on host states for
aid and services. There is also reluctance from Arab states to finance anything
that resembles compensation to Palestinians for Israeli actions in 1948 and
subsequently. Given Arab states are not responsible for the creation of the
Palestinian refugee issue, they reject claims that they should have to pay the
priceforit.154
2.4. Guarantees of non-repetition
The obligation to guarantee non-repetition of an internationally wrongful act
follows as a consequence of the obligation upon the state concerned to cease
that act. Such an obligation usually serves a preventive function, and “may be
described as a positive reinforcement of future performance.”155 As pointed
out by the former Special Rapporteur for the United Nations Commission
on Human Rights, “there exists a definite link between effective remedies to
which the victim(s) is (are) entitled, remedies aimed at the prevention of the
recurrence of similar violations, and the issue of the follow-up given by the
State...”156
Guarantees of non-repetition in cases of serious violations of IHRL or IHL may
include the assurance of effective civilian control of military and security
forces; the application of international standards of due process, fairness
and impartiality to all civilian and military proceedings; and the review and
reform of laws contributing to or allowing gross/serious violations of IHRL
andIHL.157
As a starting point, Israel would need to stop the ongoing displacement
of Palestinians, repeal the aforementioned legislative acts such as the
Law for the Prevention of Infiltration and the Absentee’s Property Law,
withdraw the corresponding military orders, and enact appropriate
153 Michael R. Fischbach, “The United Nations and Palestinian Refugee Property Compensation,” Journal
of Palestine Studies 31, no. 2 (2002): 34-50, available at: https://www.jstor.org/stable/pdf/10.1525/
jps.2002.31.2.34.pdf?refreqid=search%3A60022ac6ac442499c0e8762dbdde4b44
154 Rex Brynen, “Financing Palestinian Refugee Compensation,” Palestinian Refugee Research Net,
available at: https://prrn.mcgill.ca/research/papers/brynen_990714.htm [accessed 10 July 2018].
155 ILC, Draft Articles on Responsibility, supra note 34, Commentary to Article 30.
156 Study of Special Rapporteur on the Right to Restitution, supra note 44, para. 55.
157 United Nations General Assembly, Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations
of International Humanitarian Law, A/RES/60/147, 21 March 2006, Principle 21, available at: https://
documents-dds-ny.un.org/doc/UNDOC/GEN/N05/496/42/PDF/N0549642.pdf?OpenElement
[accessed 27 Jul 2018]
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