Introduction
The denial of reparations – mainly return, restitution, compensation and
guarantees of non-repetition – is often denied proper consideration when
analyzing Israeli policies of forced population transfer. Many would even
argue that it cannot be categorized as a policy of displacement as it is a
denial of redress for the act of displacement, and therefore, it takes place
after the forcible displacement has occurred. However, in the context of the
ongoing forced population transfer of the Palestinian people, this policy is
very much connected to the overall policy of ethnic cleansing carried out
by Israel. On the one hand, it perpetuates the displacement of Palestinians
and facilitates further displacement away from their homes and lands as a
result of the ongoing instability preserved by the denial of reparations; on the
other, the lack of accountability of Israel for its ongoing denial of reparations
promotes future displacement and encourages Israel to continue to displace
Palestinians from their homes. Hence, while denial of reparations is a standalone method of displacement, it also facilitates the enforcement of other
policies of forced population transfer.
This paper seeks to demonstrate how the right to reparations of the
Palestinian people is clearly affirmed and protected by international law.
It does so by examining Israel’s obligations to protect Palestinians from
forcible displacement and to grant reparations if this displacement occurs.
The first section contains a legal analysis of Israel’s obligations, established
through the frameworks of international humanitarian and human rights law,
the law of nations and refugee law in relation to the right to reparations.
After outlining the legal obligations both within Israel and in the occupied
Palestinian territory (oPt), the paper provides an overview of Israel’s ongoing
violations of such obligations, analyzing historic and current policies of denial
of reparations. This section is followed by an examination of the obligations
of the international community vis-à-vis forcibly displaced Palestinians in
light of Israel’s complete lack of compliance with its obligations. Highlighting
third state responsibility and the role of the international community in
providing protection to Palestinian refugees and IDPs is of crucial importance
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents