presumably UNCCP, and therefore, they are not covered by Article 1D and must
apply for refugee status “in the normal way under the 1951 Convention via Article
1A(2).”104 The population of such displaced Palestinians is unknown. These persons
now reside abroad and, owing to a fear of persecution, are unable or unwilling to
return to the occupied Palestinian territory or Israel.
The number of Palestinians displaced from and within the occupied Palestinian
territory since 1967, including those displaced for the first time, is difficult to determine
given the lack of a registration system and continual displacement over four decades
of military occupation.
More than 519,000 Palestinians are internally displaced persons today.105However,
such persons are not within the scope of this Handbook as they do not qualify as
refugees and, thus, do not fall under UNRWA’s mandate nor the 1951 Convention.106
Some of these internally displaced persons were displaced in 1948 or 1967; others
have been forced to move for the first time between or since.
4. Stateless Persons and the Statelessness Conventions
Palestinian nationality dates to the Lausanne Treaty, which, as seen above,
incorporated the Ottoman nationality law applying to Palestinians. This
international legal recognition of Palestinian nationality (for the first time) was
then incorporated as a matter of domestic law in the territory in 1925 through
the British Mandate Citizenship Orders. From that time on, Palestinians had a
defined nationality as a matter of international law, and this nationality continued
– and was recognized as such, including by Israeli, British and other courts – until
Israel’s Nationality Law in 1952. Under the terms of that law, Israel expressly
repealed Palestinian nationality:
The Palestinian Citizenship Orders, 1925-1942 are repealed with effect from
the day of the establishment of the State [of Israel].107
104
UNHCR, “2013 Note,” 3.
BADIL Resource Center for Palestinian Residency and Refugee Rights, Survey, 2010-2012, VII:xv.
According to BADIL’s Survey of 2013-2014 (unpublished yet) Palestinian IDPs number is about
570,000. This figure does not include those displaced in the recent war waged on Gaza Strip in JulyAugust 2014).
106
Palestinian internally displaced persons include persons displaced in the territory that became
the State of Israel in 1948 and in the West Bank or the Gaza Strip as a result of the 1967 War, and
1967 displaced persons at a later stage, including during the second intifada. See Terry Rempel,
Internally Displaced Palestinians, International Protection and Durable Solutions, Information
and Discussion Brief (Bethlehem: BADIL Resource Center for Palestinian Residency and Refugee
Rights, 2002). See also www.badil.org and BADIL Resource Center for Palestinian Residency and
Refugee Rights, Survey, 2010-2012. See also IDMC, “No End to Internal Displacement,” Internal
Displacement Monitoring Center, July 5, 2011, http://www.internal-displacement.org/middle-eastand-north-africa/palestine/2011/no-end-to-internal-displacement/ and IDMC, “Palestine: Internal
Displacement in Brief,” Internal Displacement Monitoring Center, December 31, 2013, http://www.
internal-displacement.org/middle-east-and-north-africa/palestine/summary/.
107
The State of Israel, Nationality Law, 1952, http://www.israellawresourcecenter.org/israellaws/
fulltext/nationalitylaw.htm, Article 18(a).
105
The Palestinian Refugee Problem: An Overview
17
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