Lack of compliance with the duty to protect in the oPt
As the Occupying Power, Israel is prohibited from forcibly displacing any
Palestinians in occupied territory unless it is for the security of the population
or for imperative military reasons in the context of ongoing hostilities.
Notwithstanding this prohibition, Israel has established a system of oppression
and forcible transfer aimed at transferring Palestinians from their homes in
order to empty the land for further colonial expansion. The different policies
of forcible transfer, many of which have been covered by this Series,32 have
resulted in large numbers of Palestinians becoming internally displaced inside
the oPt. As of the end of 2014 there were 334,600 Palestinians internally
displaced within the oPt.33
2. Obligation to provide reparations for the wrongs
committed
Under the Law of State Responsibility, states are under an obligation not
to commit an internationally wrongful act.34 Upon the commission of such
an act, international responsibility is triggered, and the state concerned is
thereby under an additional obligation to cease the act (if it is ongoing),
offer assurances of non-repetition, and make full reparation for the injuries
caused.35
The obligation to provide reparations for the wrongs committed is a basic
rule of international law: in the Chorzów Factory case, the Permanent Court
of International Justice stated that “it is a principle of international law, and
even a general conception of the law, that any breach of an engagement
involves an obligation to make reparation.”36 The wrongdoer state should
wipe out, as far as possible, “all the consequences of the illegal act,” and reestablish “the situation which would, in all probability, have existed if that
32 For more information on Israel’s policies of forcible transfer on both sides of the Green Line, please
see: http://www.badil.org/en/publication/research/working-papers.html
33 BADIL, Survey 2013-2015, supra note 6, 31, 33, 53-55.
34 International Law Commission, Draft Articles on Responsibility of States for Internationally Wrongful
Acts, with commentaries, November 2001, Supplement No. 10 (A/56/10), chp.IV.E.1, available at:
http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf [hereinafter, ILC,
Draft Articles on Responsibility], art. 31.
35 Id., art. 28-31.
36 Factory At Chorzów (Germany v Poland), Merits Judgment, 1928 PCIJ Series A No 17, 13 September
1928, para. 102., available at: http://www.icj-cij.org/files/permanent-court-of-international-justice/
serie_A/A_09/28_Usine_de_Chorzow_Competence_Arret.pdf
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