Regarding Israel's Laws Applied inside the Green Line
The "Right of Return"
1. The Committee
should conclude that Israel'sland confiscation laws as implemented
- i.e., as selectively applied against Palestinian landowners only
to deprive them of their landwithout being equally applied to
deprive similarly situated Jewish landowners, in addition to the
complete failure to provide due process guarantees for the
Palestinian landowners or fair market value rates of
compensation for property so confiscated - inside the 1949 "Green
Line," and in particular the Absentees' Property laws, are illegal
under international law because they are framed and implemented in
a way that discriminates on the basis of racial, ethnic, religious
or political criteria (to work exclusively in favor of Jews and
exclusively against the interests of Palestinian Arabs), which
prima facie violates the ICESCR.
The "Right of Restitution"
1. The
Committee should conclude that Israel'sland confiscation laws as
implemented - i.e., as selectively applied against
Palestinian landowners only to deprive them of their land without
being equally applied to deprive similarly situated Jewish
landowners of their land, in addition to the complete failure to
provide due process guarantees for the Palestinian landowners or
fair market value rates of compensation for property so confiscated
- inside the 1949 "Green Line," and in particular the
Absentees' Property laws, are illegal under international law
because they are framed and implemented in a way that discriminates
on the basis of racial, ethnic, religious or political criteria (to
work exclusively in favor of Jews and exclusively against the
interests of Palestinian Arabs), which prima facie violates the
ICESCR.
2. According to the foregoing principle, the Committee should conclude that all of Israel's illegal land confiscation laws based on racial, ethnic, religious or political criteria must be repealed or amended (to allow full restitution, as required by international law, of all private property of the 1948 displaced Palestinians which was illegally confiscated from them).
3. Regarding the preceding recommendation, theCommittee should
specifically recommend that the official land records and archives
of both the government of Israel and the United Nations
Conciliation Commission for Palestine (which was empowered in G.A.
Resolution 194 to record, tabulate, monitor and preserve the
private property rights of the 1948 group of Palestinians)
(hereinafter referred to as the "UNCCP") should be opened up to the
public - and in particular to potential Palestinian claimants
seeking to reclaim their property - for inspection and
duplication.
Israel's Military Orders Applied in the 1967 Occupied Territories
Israel's Temporary Status as Belligeret Occupant Must Immediately
Come to an End
1. With regard to the 1967 occupied territories, the Committee
should conclude that as Israel can never obtain de jure sovereignty
in the 1967 occupied territories under international law, it must
accordingly relinquish de facto sovereignty (i.e., its military
occupation) there to the group of persons with the priority legal
right to that area under international law, i.e., the
Palestinian
people, who hold the prior legal right by virtue of their
collective right of self-determination in the land covenanted to
them in the League of Nations Covenant, which right of
selfdetermination is enshrined in Articles 1(1), 1(2) and 1(3) of
the ICESCR. Accordingly, the Committee should conclude that
Israel's military presence in the occupied territories violates
international law, as codified in Articles 1(1), 1(2) and 1(3) of
the ICESCR.
Right of Return Opinion Poll - United
States |
Residency
1. According to the foregoing,
the Committee should conclude that with cessation of the military
occupation and the annulling of Israel's military orders (including
those regulating residency), the 1967 group of externally displaced
Palestinians would rightfully be allowed to return to their land of
birth (and Israel's illegal violation of their "right to return"
would cease).
Land Confiscation
1. Similarly, the
Committee should conclude that with cessation of the military
occupation and the annulling of Israel's military orders (including
those under which land and property was illegally confiscated), any
and all property illegally confiscated under military orders in the
occupied territories should be fully restituted and restored to the
rightful, original Palestinian owners (and Israel's violation of
their "right to own property free from illegal governmental
interference" would cease)