Article74 Magazine

Restitution and International Law


UN General Assembly Resolution 194 11 December 1948

ARTICLE 3/11 - [...] refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest possible date, and [...] compensation should be paid for  the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible.



Universal Declaration of Human Rights
UN General Assembly Resolution 217A (III) 10 December 1948

ARTICLE 9 - No one shall be subjected to arbitrary arrest, detention or exile.
ARTICLE 13/2 - Everyone has the right to leave any country, including his own, and to return to his country.
ARTICLE 16/3 - The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
ARTICLE 17/2 - No one shall be arbitrarily deprived of his property.



Fourth Geneva Convention August 12, 1949

ARTICLE 47 - Inviolability of Rights: Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions of government of the said territory,  nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation of the latter of the whole or part of the occupied territory.
ARTICLE 49 - Deportations, Transfers, Evacuations: Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive. The Occupying Power shall not deport or transfer parts of its own  civilian population into the territory it occupies.
 
 

index