Jewish people, a privilege not granted to the members of any other group.”A. Rubinstein, The Constitutional Law of the State of Israel (Jerusalem, 1959), 161, 182, cited in David Kretzmer, THE LEGAL STATUS OF THE ARABS IN ISRAEL 36 & n.6 (1990). [24] The famous “Martens Clause” in the final paragraph of the preamble to the Hague Convention states the all-important rule that the Hague Regulations are to be read and construed in light of their overriding purpose (to spare the local inhabitants the horrors of war to the maximum extent possible), and that any “gaps” which might appear in the Hague Regulations (i.e., where the rules do not specifically address a particular factual situation) are to be “filled” with general principles of international law. [25] See 2 TRIAL OF THE MAJOR WAR CRIMINALS BEFORE THE INTERNATIONAL MILITARY TRIBUNAL, NUREMBURG, 1945-46, at 49 (42 Vols. 1947-49). [26] See, e.g., The American Convention on Human Rights, signed 22 November 1969, entered into force 18 July 1978, OEA/SER.L/V/II.23, doc. 21, rev. 6 (1979), art. 22(5); African [Banjul] Charter on Human and Peoples’ Rights, adopted 27 June 1981, entered into force 21 October 1986, O.A.U. Doc. CAB/LEG/67/3 Rev. 5, art. 12,(2); European Convention for the Protection of Human Rights and Fundamental Freedoms, 213 UN Treaty Series 221, signed 4 November 1950, entered into force 3 February 1953; and specifically, Protocol No. 4 [Protecting Certain Additional Rights] to the European Convention for the Protection of Human Rights and Fundamental Freedoms, 46 European Treaty Series, adopted 16 September 1963, entered into force 2 May 1968, art. 3, para. 2. [27] UN Human Rights Committee, General Comment No. 27 (2 November 1999), U.N. Doc. CCPR/C/21/Rev.1/Add.9. The Comment was issued by the Human Rights Committee, which is the official body charged with interpreting the ICCPR. [28] The qualifications listed in ICCPR Article 12(3) do not apply to Article 12(4) because they precede Article 12(4) and refer only to “above-mentioned rights,” which would not include the “right of return” which instead follows Article 12(3) in Article 12(4). [29] See, e.g., Manfred Nowak, UN COVENANT ON CIVIL AND POLITICAL RIGHTS: CCPR COMMENTARY 220 (1993); see also Christian Tomuschat, “Das Recht auf die Heimat, Neue rechtliche Aspekte’, in J. Jekewitz et al. (eds.), DES MENSCHEN RECHT ZWISCHEN FREIHEIT UND VERANTWORTUNG – FESTSCHRIFT FÜR KARL JOSEF PARTSCH 191 (1989). [30] Eric Rosand, “The Right to Return under International Law Following Mass Dislocation: The Bosnia Precedent?” 19 Michigan Journal of International Law 1091, 1130-31 (Summer 1998). [31] The Human Rights Dimensions of Population Transfer, Including the Implantation of Settlers: Progress Report by Awn Shawhat Al-Khasawneh, Special Rapporteur,