Moreover, in the absence of the right of reparations, including return,
Palestinians remain marginalized and vulnerable to repeated displacement.
Approximately half of all displaced Palestinians continue to live as refugees
in forced exile, outside the borders of Mandatory Palestine. Many of these
refugees have experienced further forced displacement due to ongoing
political crises in the region. Armed conflict, unstable relations between
Arab countries and the Palestinian Liberation Organization (PLO) or
Palestinian Authority (PA), and discriminatory policies result in the repeated
displacement of Palestinian refugees, displacements which would not occur
if Israel respected Palestinians’ internationally-recognized right of return.
This denial of return, coupled with discriminatory policies in host countries,
has left Palestinians in limbo and unable to find even temporary refuge. By
denying Palestinian refugees the right to return to their places of origin,
Israel carries principal responsibility for the current situation of Palestinian
refugees abroad.
The international community has the potential and authority to play a
significant role in holding Israel accountable for its violations of international
law. State Parties to the Fourth Geneva Convention have a legal obligation
to investigate and prosecute Israeli perpetrators of war crimes, who enter
territory under their jurisdiction. The international community is also
responsible for the enforcement of international law and the implementation
of international resolutions. The inability of the UN and its agencies to
implement decisions, particularly General Assembly Resolution 194 of
1948 and Security Council Resolution 237 of 1967, does not relieve States
individually or collectively from assuming their responsibilities to enable and
facilitate the voluntary return of Palestinian refugees to their original homes
from which they were displaced, to ensure the restitution of their property,
and to secure compensation for the damage inflicted upon them as a result
of their displacement.
4.2 Promoting further displacement
Although the international community has been voting in favor of resolutions
recognizing the right to reparations for Palestinian refugees and IDPs, it has
not shown sufficient political will in properly and effectively pressuring Israel
into compliance. Redressing such historical injustice is not only important
from a legal or moral standpoint, but would also serve as a deterrent for
Israel to continue displacing Palestinians as part of its ongoing settler-colonial
enterprise.
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