4. Consequences of the lack of compliance and
accountability
4.1 Perpetuation of displacement: ongoing exile
Israel’s lack of compliance with international law vis-à-vis Palestinian refugees
and IDPs is twofold. On the one hand, Israel fails to uphold its obligation to
ensure the basic rights of Palestinians under its jurisdiction and to protect
them from arbitrary forced displacement. On the other hand, it also fails and
is unwilling to respect its obligation to provide reparations to Palestinians
forcibly displaced by its actions.
Denying the right of return to Palestinian refugees is central to realizing the
Zionist goal of “a maximum amount of land with the minimum amount of
Palestinians.” Israel’s ongoing forced population transfer of Palestinians—
accompanied by the denial of return—is a continuing violation of Palestinian
individual and collective rights. Discrimination is particularly blatant in
Israel’s laws and policies regulating immigration and access to citizenship,
land and public services. This system and the privileged Jewish nationality
status it seeks to uphold are the main obstacles to a durable solution to
the Palestinian refugee and IDP issue. In fact, the erga omnes obligation to
implement the collective right to self-determination first requires enabling
refugees and other displaced persons to return to their homes and repossess
their property, because how could they otherwise realize their right to selfdetermination while still in exile? Consequently, the Palestinian right to
self-determination is meaningless without ensuring the right of Palestinian
refugees to voluntary repatriation.
Changing the demographic composition of an occupied territory is
fundamental to colonial practice. In continuing its demographic manipulation
of Mandatory Palestine, including the oPt, Israel has not only denied more
than 8.1 million Palestinian refugees and IDPs their fundamental right to
reparations since 1948, but is also continuing to forcibly displace and transfer
the occupied Palestinian population, replacing it with Jewish-Israeli civilians
since 1967. Both practices constitute grave breaches of the Fourth Geneva
Convention and amount to a serious violation of IHRL and multiple UN
resolutions. The population transfer of an occupied civilian population out of
a territory and the Occupier’s civilian population into the occupied territory
constitute crimes against humanity and/or war crimes under Articles 7 and 8
of the Rome Statute.
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