right to compensation.122 Right after Israel’s admission to the UN, the Israeli Representative signed a protocol with the UNCCP, which accepts Resolution 194 regarding Palestinian refugees, including “the respect for their rights and the preservation of their property.” At around the same time, though, he pointed out that no restitution would take place for Palestinian refugees, stating that Israel retained the right to use the “abandoned” property as it saw fit and may “enact legislation for the more rational use of absentee property.”123 In this regard, with Resolution 36/146C, in 1981, the UN General Assembly recognized that Palestinian refugees are entitled to their property and to the incomes derived from that property, in conformity with the principles of justice and equity. Most notably, it requested the Secretary-General to take “all appropriate steps,” in consultation with UNCCP, for the protection and administration of Palestinian property, assets and property rights in Israel, and to establish a fund for the receipt of income derived therefrom, on behalf of their rightful owners.124 This Resolution has been reaffirmed by the General Assembly in every annual session, but the fund has never been created and Israel steadfastly insists on rejecting its implementation.125 Denial of the Right to Restitution As explained previously, under international law, reparations should, as far as possible, “wipe out all the consequences of the illegal act and re-establish the situation which would, in all probability, have existed if that act had not been committed.”126 However, in the same way that Israel has refused to recognize 122 Michael Fischbach, Records of Dispossession, Palestinian Refugee Property and the Arab-Israeli (New York : Columbia University Press, 2003) [hereinafter Fischbach, Records of Dispossession], 86, and Adnan Abdelrazek, “Israeli Violation of UN Resolution 194 (III) and Others Pertaining to Palestinian Refugee Property”, Palestine-Israel Journal,15, No. 4; 16, No. 1, available at: http://www.pij.org/ details.php?id=1220 [accessed 7 June 2018]. 123 Fischbach, Records of Dispossession, supra note 122, 86.‎ 124 UN eneral Assembly, Resolution 36/146 United Nations Relief and Works Agency for Palestine Refugees in the Near East, A/RES/36/146(A-H), 16 December 1981, available at: https://unispal.un.org/DPA/ DPR/unispal.nsf/0/16DC32D615D8176B852560D9005860C5 [accessed 20 September 2018]. 125 See its latest recall in UN General Assembly, Palestine refugees’ properties and their revenues, A/RES/72/83, 14 December 2017, available at: http://www.un.org/en/ga/search/view_doc. asp?symbol=A/RES/72/83 [accessed 27 Jul 2018]; and as for Israel’s rejection policies see United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), Palestine refugees’ properties and their revenues, A/72/334, 14 August 2017, available at: https://undocs.org/A/72/334 [accessed 27 Jul 2018]; UNRWA, Palestine refugees’ properties and their revenues, A/71/343, 19 August 2016, available at: https://documents-dds-ny.un.org/doc/UNDOC/GEN/N16/263/72/PDF/ N1626372.pdf 126 Lena El-Malak, “Reparations for Palestinian Refugees”, Forced Migration review, 26 (2006), available at: http://www.fmreview.org/sites/fmr/files/FMRdownloads/en/FMRpdfs/FMR26/FMR2624.pdf 44

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