3.5. A Separate Legal Framework for Palestinian IDPs
As outlined above, the responsibility for the protection of IDPs lies primarily with states.
For internally displaced Palestinians, Israel has legal obligations in two respects – towards
Palestinians with an Israeli citizenship living inside 1948 Palestine, and towards the Palestinian
population of the oPt, in light of the duties that derive from its status as an occupying power
under IHL. Palestinian IDPs are thus split into two main groups: (1) Palestinian IDPs in
the area that became ‘Israel’ in 1948, including those displaced during and after the 1948
War and their descendants, and (2) Palestinians displaced in the oPt since 1967 as a result of
Israeli policies of colonization and forcible displacement. The latter group may include some
1948 Palestinian refugees initially displaced in 1948, who have later experienced secondary
displacement within the oPt.
3.5.1. 1948 IDPs: IDPs Inside 1948 Palestine
Although Palestinians who were internally displaced during and after the 1948 War were granted
Israeli citizenship under the 1952 Israeli Citizenship Law, they are considered to be ‘absentees’
under Israeli law. This is the case despite the fact that they remained in their homeland. To this
day they are systematically blocked
from returning to their homes and
recovering their property.
Initially, Palestinian IDPs in 1948
Palestine were receiving humanitarian
assistance from UNRWA, but in
1952 an agreement was reached
between Israel and UNRWA to shift
the administration and responsibility
for internally displaced Palestinians
to Israel.405 While UNRWA’s motives
were essentially economic due to a
Israeli police detain a Palestinian bedouin woman in the Naqab, 2022.
(Source: almayadeen.net)
funding shortfall, Israel’s reasons for
406
the agreement were political, as Israel saw the involvement of the international community as
a factor pushing internally displaced Palestinians to demand the right of return.407
405
UNRWA Commissioner-General, ‘Annual report of the Director of UNRWA covering the period 1 July 1951
to 30 June 1952’ (1952) GAOR seventh session UN Doc supp No. 13 A/2171, 2 <https://digitallibrary.un.org/
record/708479?ln=en> accessed 3 October 2022.
406
The three main components of Israeli policy towards Palestinian IDPs at that time were: i) to give IDPs the opportunity
to make a dignified living; ii) to cut the bond between the displaced and their land in their villages of origin; iii) to end their
legal status as refugees. See Hillel Cohen, ‘How has Israel dealt with the Internally Displaced?’ (2006) 30-31 Al Majdal, 2529 <https://www.badil.org/cached_uploads/view/2021/05/06/al-majdal-30-31-1620308708.pdf> accessed 3 October
2022; Hillel Cohen, Present Absentees: Palestinian Refugees in Israel Since 1948 (Institute for Israeli-Arab Studies 2001).
407
Nihad Boqa’i, ‘Palestinian Internally Displaced Persons inside Israel: Challenging the Solid Structures’ (2003) 1516(3) Palestine-Israel Journal <https://pij.org/articles/1218/palestinian-internally-displaced-persons-inside-israelchallenging-the-solid-structures> accessed 3 October 2022.
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