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|Title||The international responsibilities on the Israeli occupations preventing of the Palestinian refugees to return|
|Title in Arabic||المسؤولية الدولية المترتبة على منع الاحتلال الإسرائيلي عودة اللاجئين الفلسطينيين|
The international responsibility is the consequence of a violation of the international law of an international obligation resulting in the international person's commitment to reform the damage caused to him or his people. It is a fundamental principle of international law that stems from the nature of the international order and the principles of sovereignty and equality among them, and thus the "Israel’s" deportation of some people from their land or its refusal of their right to return, necessitates holding international responsibility and imposes on Israel to repair the damage it caused. This study aims at identifying the true nature of international responsibility consequent to denying the Palestinian refugees their right of return. This is in addition to identifying the refugees problem form a legal perspective, and proving that Israel is legally liable to international responsibility pertaining to this problem. The study also discusses the consequent impact to holding Israel liable to this problem. The study also examines the availability of international protection for the Palestinian refugees as well as the mechanisms of applying international responsibility. The researcher followed the descriptive analytical approach so as to draw a number of findings and conclusions to this study: The most important findings of the study: "Israel" bears international responsibility on the basis of its wrongful act of violating international obligations. The most important, immediate and consequent obligations to this illegal act is indemnity, both (in-kind and financial), and the right of financial indemnity does not mean a waiver of the right of return, but is complement to it. In regards with the mechanisms of international responsibility, the diplomatic mechanisms are of limited effectiveness and unworthy with respect to the issue of Palestinian refugees. The judicial mechanisms are optional in the sense that Palestine can’t oblige "Israel" to undergo the jurisdiction of the international Court of Justice and its terms of reference. The most important recommendations of the study: The Israeli occupation must withdraw from the Palestinian territories and cease immediately its decision to prevent the return of refugees. Israel must also bring back conditions to what it was before 1948. Israel must be commitment to provide adequate consolation for the damage caused to refugees, and financial compensation for that damage. The United Nations should be urged to take a firm stand against the violation of "Israel" of the principles and norms of international law and resolutions of international legitimacy through practical action on the ground to ensure the application of the right of refugees to return. This is in addition to working locally on the formation of a competent legal committee find ways to international justice and before going to International Criminal Court).
|Publisher||الجامعة الإسلامية - غزة|
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