BADIL Resource Center for Palestinian Residency and Refugee

Protection
Israel’s compliance with these resolutions.” Ibid, Programme of Action for the Achievement of Palestinian Rights, II.B, para. 5.
29 For a detailed legal analysis of this principle, see, e.g., Boling, Gail J., The 1948 Palestinian Refugees and the Individual Right of Return.
Bethlehem: BADIL Resource Center for Palestinian Residency & Refugee Rights, 2001.
30 The Pinheiro Principles (Principles on Housing and Property Restitution for Refugees and Displaced Persons), E/CN.4/Sub.2/2005/17, 28 June
2005, Principle 10(2).
31 Arbitrary displacement, also known as population transfer, is the forced displacement of persons by expulsion or other coercive acts from
the area in which they are lawfully present, without grounds permitted under international law. Rome Statute of the International Criminal
Court, 17 July 1998, Article 7(2)(d). Arbitrary displacement is prohibited when it is based on policies of apartheid, ethnic cleansing or
similar practices aimed at/or resulting in altering the ethnic, religious or racial composition of the affected population. Guiding Principles
on Internal Displacement, 1998, Principle 6.
32 “The prohibition is general in character. It applies to all protected persons in the hands of a belligerent, whatever their status may be
(protected persons who are not subject to restrictions on their liberty, internees or refugees); it cannot be lifted, even with the consent
of the persons concerned. This is, in fact, a case in which Article 8, relating to the non-renunciation of rights, applies.” Fourth Geneva
Convention (IV) Relative to the Protection of Civilians, 12 August 1949, Article 45 and commentary. Similarly, the 1990 Turku Declaration
declares in Article 7: “Persons or groups thus displaced shall be allowed to return to their homes as soon as the conditions which made their
displacement imperative have ceased.” Declaration of Minimum Humanitarian Standards, UN Doc. E/CN.4/Sub.2/1991/55, December
2, 1990, Article 7 in Sassoli, Marco and A. Bouvier, How Does Law Protect in War? Geneva: International Committee of the Red Cross,
1999, p. 519.
33 Fourth Geneva Convention (IV) Relative to the Protection of Civilians, 12 August 1949, Article 49.
34 Protocol Additional to the Geneva Conventions, 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts
(Protocol I), 8 June 1977, Articles, 74, 85 (4)(a).
35 See Article 13(2) of the Universal Declaration of Human Rights, 1948; Article 12(4) of the International Covenant on Civil and Political
Rights, 16 December 1966; and Article 5 (d)(ii) of the Convention on the Elimination of All Forms of Racial Discrimination, 4 January
1969.
36 International Covenant on Civil and Political Rights, 16 December 1966, Article 12.
37 Conclusion on Voluntary Repatriation, UNHCR, Executive Committee, No. 40 (XXXVI), 1985; and Conclusion on Voluntary Repatriation,
UNHCR, Executive Committee, No. 18 (XXXI), 1980.
38 Mallison, W. Thomas and Sally V. Mallison, An International Law Analysis of the Major United Nations Resolutions Concerning the Palestine
Question. United Nations, New York, 1979, p. 31. UN Doc. ST/SG/SER.F/4. Also see Zedalis, Rex J., “Right to Return: A Closer Look,”
6 Georgetown Immigration Law Journal 413, 1992, pp. 507–508. Generally, see A Study on Statelessness, United Nations Department of
Social Affairs, UN Doc. E/1112, UN Sales Pub. 1949. XIV.2, August 1949.
39 Compensation to Refugees for Loss of or Damage to Property to be Made Good Under Principles of International Law or in Equity. UN Doc.
W/30, 31 October 1949, para. 8.
40 UNCCP, Analysis of Paragraph 11 of the General Assembly’s Resolution of 11 December 1948. UN Doc. W/45, 15 May 1950.
41 UNCCP, Analysis of Paragraph 11 of the General Assembly’s Resolution of 11 December 1948. UN Doc. W/45, 15 May 1950.
42 For a detailed legal analysis, see, e.g., Boling, Gail J., “Absentees’ Property Laws and Israel’s Confiscation of Palestinian Property: A Violation
of UN General Assembly Resolution 194 and International Law,” 11/12 Palestine Yearbook of International Law (2000–2001): pp. 73–130.
Also see the Pinheiro Principles (Principles on Housing and Property Restitution for Refugees and Displaced Persons), E/CN.4/Sub.2/2005/17,
28 June 2005.
43 Principles on Housing and Property Restitution for Refugees and Displaced Persons (Pinheiro Principles), Principle 2.2.
44 Legal Safety Issues in the Context of Voluntary Repatriation of Refugees, UNHCR Executive Committee No. 101 (LV), 2004.
45 UNHCR, Inter-Office/Field Office Memorandum No. 104/2001, “Checklist on the Restitution of Housing and Property,” 28 November
2001.
46 UNHCR, Inter-Office/Field Office Memorandum No. 104/2001, “Checklist on the Restitution of Housing and Property,” 28 November
2001.
47 Guiding Principles on Internal Displacement, 1998, principle 29.
48 Historical Precedents for Restitution of Property or Payment of Compensation to Refugees. UN Doc. W/41, 18 March 1950, para 1.
49 Letter and Memorandum dated 22 November 1949. Concerning Compensation, received by the Chairman of the Conciliation Commission
from Gordon R. Clapp, Chairman, United Nations Economic Survey Mission for the Middle East. UN Doc. W/32, 19 January 1950.
50 Text of Suggestions Presented by the United Nations Mediator on Palestine to the Two Parties on 28 June 1948, UN Doc. S/863, 3 July
1948.
51 Progress Report of the United Nations Mediator on Palestine, submitted to the Secretary General for Transmission to the Members of the United Nations.
UN GAOR, 3rd Sess., Supp. No. 11, UN Doc. A/648, 16 September 1948, Part One: The Mediation Effort, V. Refugees, para. 6.
52 International Court of Justice, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, 9
July 2004, para. 153.
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