Prohibition of Palestine Arab Return to Israel as a Crime Against Humanity

38 Pages Posted: 18 Jan 2023

See all articles by John Bernard Quigley

John Bernard Quigley

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: January 11, 2023

Abstract

A displaced population of Palestine Arabs, numbering over seven million, is dispersed around the world, with major concentrations in Lebanon, Jordan, Syria, and Palestine itself. This population is prohibited from entry for renewed residence in home areas situated in Israel. In international law a right of return to one’s country is guaranteed as a matter of fundamental rights. Severe deprivation of internationally defined rights victimizing a civilian population based on ethnicity or nationality constitutes the crime of persecution, a sub-category of crimes against humanity, prosecutable at the International Criminal Court. With respect to a major portion of the displaced Palestine Arabs, jurisdictional prerequisites obtain for the opening of an investigation that might lead to charges against Israeli officials responsible for denying return to the Palestine Arabs.

Keywords: displaced population, right of return, crime against humanity, persecution, war crime, International Criminal Court, repatriation, inhumane acts

Suggested Citation

Quigley, John Bernard, Prohibition of Palestine Arab Return to Israel as a Crime Against Humanity (January 11, 2023). Ohio State Legal Studies Research Paper No. 752, 34 Criminal Law Forum ___, Available at SSRN: https://ssrn.com/abstract=4322796 or http://dx.doi.org/10.2139/ssrn.4322796

John Bernard Quigley (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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