imperative military reasons or security of the population, and even then, there are strict
criteria under which transfer may happen – and if it does, it must be temporary and for
the safety of the population.
·
·
·
Cease the act if it is continuing;
Offer assurances of non-repetition;
Make full reparation for injury caused, including the realization of the right of return.
Reparations may take the form of restitution, compensation or satisfaction.425 Furthermore, in
its commentary to the Draft Articles, the ILC clarifies that for a state to make ‘full reparation,’
it must endeavor to “wipe out all the consequences of the illegal act and reestablish the
situation which would, in all probability, have existed if that act had not been committed.”426
Based on this legal framework, Israel is obligated to end all arbitrary forced displacement
of the Palestinian population who hold Israeli citizenship as well as the one in the oPt.
Moreover, it has the obligation to provide reparations. In the Palestinian case, reparations
include repatriation to their homes, compensation, and property restitution427 outlined in the
UNGA 194 (III) as the primary durable solution.428
Legal Status
Although Israel has the primary responsibility to safeguard the rights of Palestinians in the
territory, both those with Israeli citizenship, and those subject to its jurisdiction (including
refugees and IDPs), it actually operates a regime that denies their most basic rights. Via a
system akin to that of apartheid South Africa’s Pass Laws, Israel has classified and categorized
424
International Law Commission, ‘Draft articles on Responsibility of States for Internationally Wrongful Acts�� (2001)
Supplement No. 10 (A/56/10), ch IV.E.1, art 31 [hereinafter ILC Draft Articles] <https://legal.un.org/ilc/texts/
instruments/english/commentaries/9_6_2001.pdf> accessed 3 October 2022.
425
Ibid., 28-39; Forms of reparations as per the Draft Articles include restitution, compensation and satisfaction.
426
Ibid., art 31.
427
BADIL, Denial of Reparations (n 45), 28-32.
428
UNGA Res 194 (III) (n 317).
95
Chapter
As for Israel’s general obligation towards all displaced Palestinians, it emanates from its
commission of an internationally wrongful act, that is, forcibly displacing Palestinians. Under
the Law of State Responsibility as set out in the International Law Commission’s (ILC) Draft
Articles on the Responsibility of States for Internationally Wrongful Acts (“Draft Articles”),
states are under an obligation not to commit an internationally wrongful act.424 Upon the
commission of such an act, the state concerned is under obligation to:
4
As the Occupying Power, Israel is therefore prohibited from forcibly displacing any Palestinian
in the oPt unless for those reasons. Notwithstanding this prohibition, Israel has established a
system of oppression and forcible transfer aimed at transferring Palestinians from their homes
in order to empty the land for further colonial expansion. These various policies of forcible
transfer have resulted in large numbers of Palestinians becoming internally displaced inside the
oPt, as demonstrated by the amount of 372,793 IDPs in the West Bank and Gaza Strip.
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