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BADIL Resource Center for Palestinian Residency and Refugee

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) The right to protection from persecution <strong>and</strong> <strong>for</strong>cible displacement<br />

Protection<br />

Israel’s policies cause new displacement of <strong>Palestinian</strong> residents, as well as the repeated displacement of refugees <strong>and</strong><br />

IDPs, both inside the occupied territory <strong>and</strong> across regional borders. Forcible displacement is caused by violations<br />

of international humanitarian <strong>and</strong> human rights law, including unnecessary <strong>and</strong> disproportionate damage inflicted<br />

on the civilian population, <strong>and</strong> violation of Article 49 of the Geneva Convention prohibiting the transfer of civilians<br />

(Jewish settlers) by the occupying power into occupied territory. Additional factors that induce <strong>for</strong>cible displacement<br />

include restrictions on movement, revocation of residency rights, denial of family reunification, confiscation<br />

of <strong>Palestinian</strong> l<strong>and</strong>, <strong>and</strong> (since 2002) the construction of the Wall <strong>and</strong> its associated regime. (See Chapter One)<br />

c) The right to non-discrimination<br />

Israel’s regime of occupation, which includes elements of colonialism <strong>and</strong> apartheid, violates the right to equality of<br />

<strong>Palestinian</strong> residents, including 1948 refugees <strong>and</strong> IDPs, under international humanitarian <strong>and</strong> human rights law.<br />

For instance, Israel does not apply military law to Jewish settlers in the occupied <strong>Palestinian</strong> territory. In violation<br />

of the principle of non-discrimination, they remain subject to Israel’s civil regime.<br />

d) The right of return<br />

Following Israel’s domestic laws, Israeli military regulations deny <strong>Palestinian</strong> refugees <strong>and</strong> IDPs, including 1967<br />

refugees the right of return <strong>and</strong> restitution.<br />

e) Freedom of movement<br />

Freedom of movement between occupied West Bank districts is severely restricted, <strong>and</strong> largely non-existent between<br />

the occupied West Bank <strong>and</strong> Gaza Strip, <strong>and</strong> between the occupied West Bank <strong>and</strong> occupied eastern Jerusalem.<br />

Restriction of movement as a result of military closures, over 500 checkpoints <strong>and</strong> physical obstacles, 75 the permit<br />

system, curfews <strong>and</strong> the construction of the Wall in the occupied West Bank, are major factors limiting the exercise<br />

of other protected rights by the <strong>Palestinian</strong> population, including refugees <strong>and</strong> IDPs.<br />

<strong>Palestinian</strong>s passing one of 600 checkpoints in the occupied West Bank, 2006. © Anne Paq.<br />

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