BADIL Resource Center for Palestinian Residency and Refugee

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Survey of Palestinian Refugees and Internally Displaced Persons (2006-2007)
53 For a detailed analysis, see, e.g., Lynk, Michael, “Compensation for Palestinian Refugees: An International Law Perspective,” 11 Palestine
Yearbook of International Law (2000–2001): pp. 155–183. 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.
54 Legal Safety Issues in the Context of Voluntary Repatriation of Refugees, UNHCR Executive Committee No. 101 (LV), 2004.
55 Guiding Principles on Internal Displacement, 1998, principle 29.
56 The General Assembly rejected draft resolutions and amendments that did not include provisions for payment for loss of or damage to
property. See amendments submitted by the United States (A/C.1.351/Rev. 1 and 2), Guatemala (A/C.1/398/Rev. 1 and 2) and Colombia
(A/C.1/399).
57 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.
58 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. 8., Part One: The Mediation Effort, VIII. Conclusions, para. 3(e).
59 Progress Report of the United Nations Mediator on Palestine, Part One: The Mediation Effort, V. Refugees, para 7.
60 Progress Report of the United Nations Mediator on Palestine, Part One: The Mediation Effort, V. Refugees, para 7.
61 International Court of Justice, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, 9
July 2004, paras. 119–120, 9 July 2004, para. 153.
62 International Convention on the Elimination of All Forms of Racial Discrimination, 1969, article 6.
63 International consensus affirms the de jure applicability of the Fourth Geneva Convention to the 1967-occupied Palestinian territory. Israel
argues that because Jordan’s annexation of the West Bank and Egyptian control of the Gaza Strip never received international recognition,
these territory do not meet the requirements for application of the Geneva Convention, as they were not the territory of a High Contracting
Party. Moreover, Israel affirms that the occupied Palestinian territory are not occupied, but are “disputed territory”.
64 The Jewish character of the state is defined by three inter-related components: (1) that Jews form the majority of the state; (2) that Jews
are entitled to certain preferential treatment (for example, the Law of Return); and (3) that a reciprocal relationship exists between the
state and Jews outside of Israel. Ben Shalom vs. Central Election Committee, 43 P.D. IV 221 (1988), in 25 Israel Law Review 219 (1991);
Legal Violations of Arab Minority Rights in Israel, Shafr Amr: Adalah – The Legal Center for Arab Minority Rights in Israel, 1998, pp.
44–45.
65 Citizenship Law (1952).
66 “We’ll expel illegal Arabs from Israel”, Ha’aretz, 2 April 2004.
67 Land (Acquisition for Public Purposes) Ordinance (1943); Defense (Emergency) Regulations (1945); Abandoned Areas Ordinance
(1948); Emergency Regulations Concerning Absentee Property (1948); Emergency Regulations (Security Zones) (1949); Emergency
Regulations (Cultivation of Waste [Uncultivated] Lands) (1949); Absentees’ Property Law (1950); Development Authority (Transfer of
Property) Law (1950); Absentees’ Property (Amendment) Law (1956); State Property Law (1951); Prescription Law (No. 38) (1958);
Absentees’ Property (Amendment No. 3) (Release and Use of Endowment Property) Law (1965); Absentees’ Property (Compensation)
(Amendment) Law (1976); and Negev Land Acquisition (Peace Treaty with Egypt) Law (1980).
68 The Jewish National Fund (JNF) was established by the fifth Zionist Congress (1901) to purchase land in Palestine and Syria for Jewish
colonization. The JNF was incorporated as an Israeli company in 1953. According to its Memorandum of Association, the JNF is forbidden
to sell national land to non-Jews. For further discussion, see Lehn, Walter, The Jewish National Fund. London: Kegan, Paul, 1988.
No land classified as “Israel Lands” under the 1960 Basic Law: Israel Lands (Section 1) may be transferred either by sale or in any other
manner.
69 State Education Law (1953). See also Compulsory Education Law (1949). For more details, see Second Class: Discrimination Against
Palestinian Arab Children in Israel’s Schools. New York: Human Rights Watch, 2001.
70 Basic Law: Freedom of Occupation (1992). Also see Employment (Equal Opportunities) Law (1981) and Equality of Opportunities in
Labour Law (1988).
71 UN OCHA Humanitarian Monitor, Number 8, December 2006, p. 23.
72 UN OCHA Humanitarian Monitor, Number 8, December 2006, p. 5.
73 Data covering the period of Septembre 2000 until January 2007. “Report: over 5,000 Palestinians killed by the Israeli army since 2000”,
Maan News, 21 February 2007.
74 “Two Children Shot Inside UNRWA School”, UNRWA Press Release, No. HQ/18/2006, Gaza, 18 November 2006.
75 UN OCHA, West Bank Closure Count and Analysis, September 2006, p.1.
76 Similar orders were issued in the occupied Gaza Strip. Only those Palestinians registered in the 1967 Israeli census and their descendants
are considered to be legal residents of the 1967-occupied Palestinian territory. Jordan and Egypt regulated the residency status of Palestinians
in the West Bank (including eastern Jerusalem) and the Gaza Strip until 1967, when relevant legislation was replaced by Israeli
military law in the West Bank and Gaza Strip and civilian law in eastern Jerusalem. Palestinians in the occupied West Bank and Gaza
Strip hold green ID cards that must be approved by Israel. For the occupied West Bank, see Order No. 234 Relating to Identity Cards