RELEVANT PRINCIPLE OF INTERNATIONAL LAW
International law declares the basic human right to freedom of movement and residence within the borders of the State. This right is declared in the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966).
It is also found in the International Convention on the Elimination of all Forms of Racial Discrimination (1965) as a form of illegal discrimination if it is denied.
Finally, this right is protected in times of war and military occupation wherein international law forbids both deportation of protected persons from their homelands, and also requires their return home be guaranteed following the end of fighting, if they fled their homes when combat came nearby, or if they were driven away by military forces (Geneva Conventions IV (1949) and Geneva Conventions Protocols I (1977)). The Hague Regulations of 1907, which focuses on military forces themselves, rather than civilians, guarantees the right to return home at the end of fighting for POW's. |
RELEVANT LAWS & RESPONSES
- As per International Law -
- Hague Regulations IV (1907), article 20 -- (full text) (specific articles - see below)
- Universal Declaration of Human Rights (1948), article 13 -- (full text) (specific articles - see below)
- Geneva Conventions IV (1949), articles 45, 46, 49-- (full text) (specific articles - see below)
- International Convention on the Elimination of all Forms of Racial Discrimination (1965), article 5d(i) -- (full text) (specific articles - see below)
- International Covenant on Civil and Political Rights (1966), article 12(1) -- (full text) (specific articles - see below)
- Geneva Conventions Protocols I (1977), article 43 -- (full text) (specific articles - see below)
- Israeli Violations -
- 2. FORBIDDING CIVILIANS THE RIGHT TO RETURN TO THEIR HOMES FOLLOWING THE END OF ARMED CONFLICT: Israeli government enacts laws, and employs its military to keep aproximately 750,000 Palestinian Arab civilians from returning to their homes following the end of fighting both in 1948, and again in 1967 in the occupied territories. Israel then violates UN resolutions ordering them to respect Palestinian's right to return to their homes (more details).
- International Response -
- United Nations -
- International Miscellaneous response -
- Academic Analysis -
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RELEVANT QUOTES FROM TEXT
- Hague
Regulations IV (1907), article 20:
| Article 20. After the conclusion of peace, the repatriation of prisoners of war shall be carried out as quickly as possible. |
- Universal Declaration of Human Rights (1948), article 13:
Article 13.
- (1) Everyone has the right to freedom of movement and residence within the borders of each State.
- (2) Everyone has the right to leave any country, including his own, and to return to his country.
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- Geneva Conventions IV (1949), articles 45, 46, 49:
| Article 45. Protected persons shall not be transferred to a Power which is not a party to the Convention.
This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their return to their country of residence after the cessation of hostilities.
Article 46. In so far as they have not been previously withdrawn, restrictive measures taken regarding protected persons shall be cancelled as soon as possible after the close of hostilities.
Restrictive measures affecting their property shall be cancelled, in accordance with the law of the Detaining Power, as soon as possible after the close of hostilities.
Article 49. 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.
Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased. |
- International Convention on the Elimination of all Forms of Racial Discrimination (1965), article 5d(i):
Article 5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- (d) Other civil rights, in particular:
- (i) The right to freedom of movement and residence within the border of the State;
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- International Covenant on Civil and Political Rights (1966), articles 12(1):
Article 12.
- 1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
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- Geneva Conventions Protocols I (1977), article 85:
Article 85. Repression of breaches of this Protocol
- 4. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following shall be regarded as grave breaches of this Protocol, when committed wilfully and in violation of the Conventions or the Protocol:
- (b) unjustifiable delay in the repatriation of prisoners of war or civilians;
- 5. Without prejudice to the application of the Conventions and of this Protocol, grave breaches of these instruments shall be regarded as war crimes.
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