process of the 1960s.27Therefore, the principle of self-determination consists not
only of a duty for states to recognize, respect, and promote the right, but also the
obligation to refrain from taking any forcible action that serves to deny people
the capacity to enjoy this right.28 It follows that any action that undermines the
capacity to enjoy the right and any denial of the substantive content of the right
– free choice of political status and economic, social, and cultural development
– amounts to a serious breach of a peremptory norm under international law.
Per the Draft Articles on Responsibility of States for Internationally Wrongful
Acts, serious breaches of peremptory norms prompt the liability of third states
in two ways: a positive duty to “cooperate to bring an end through lawful means
any breach,” and a negative duty not to “recognize as lawful a situation created
by a serious breach […] nor render aid or assistant in maintaining that situation.”29
Third-states are therefore obliged to take practical measures to bring to
an end Israel’s policies and practices denying Palestinian refugees their
right to return as it simultaneously obstructs the Palestinian people’s right
to self-determination – a serious breach of international law. Through the
international community’s pressure on Israel to uphold Palestinian refugee rights,
the Palestinian people are enabled to exercise their right to self-determination on
Mandatory Palestine.
3.2 Palestinians with Israeli Citizenship:
Decolonization as a Prerequisite for Palestinian
Self-Determination
Similar to Palestinian refugees, Palestinians with Israeli citizenship are entitled
to partake in exercising the Palestinian right to self-determination by virtue of
27 UNGA, Declaration on the Granting of Independence to Colonial Countries and Peoples, A/
RES/1514(XV), 14 December 1960, available at: https://www.ohchr.org/EN/ProfessionalInterest/
Pages/Independence.aspx [accessed 1 November 2021]; Declaration on Principles of International
Law concerning Friendly Relations and Co-operation among States in Accordance with the Charter of
the United Nations, A/RES/25/2625, 24 October 1970, available at: http://www.un-documents.net/
a25r2625.htm [accessed 1 November 2021].
28 Ibid.
29 International Law Commission, Draft Articles on Responsibility of States for Internationally Wrongful
Acts, A/56/10, November 2001, Article 40 and 41, available at: https://legal.un.org/ilc/texts/
instruments/english/draft_articles/9_6_2001.pdf.
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