If you leave your home, and it later gets occupied, you have forfeited your rights to live there,
and are at the mercy of the occupiers.
At least I have not found any International Law that gives you right to return.
If you leave your country after it is occupied, you do have the right of return
according to the fourth Geneva Convention.
Bad analogy if you ask me ...coz according to laws of any country...the home is rightfully under your name and no one has the rights to kick you out...
BTW, I think Jews are the ones who left....and are returning to that area....of course forgetting the adjustment to population explosion as compared to when "GOD GAVE IT TO THEM"
As an occupier of the West Bank, Israel has the right to relocate people for valid military reasons.
Sooo.... Israel is occupying West bank and not agreeing to the 2 state theory British rulers commanded it to? @
Syed.Ali.Haider you have your answer there
Legally, it is a mess, since Israel only have to apply the Geneva Convention when in conflict with parties
which accepts the Geneva Convention. Palestinians only signed the necessary treaties in 2014.
It is therefore possible to claim in court that only land occupied after the treaties are ratified.
Obviously that is an extreme position.
Lets not play with legal words like Israel shall we:
The Geneva Convention
It is widely accepted that under international law, the Jewish settlements in the territories occupied by Israel in 1967 are illegal.
Article 49 of the Fourth Geneva Convention relative to the protection of civilian persons in time of war states:
"The occupying power shall not deport or transfer parts of its own population into the territories it occupies."
Within the international community the overwhelming view is that Article 49 is applicable to the occupation of the West Bank including East Jerusalem, the Gaza Strip and the Golan Heights.
Almost the entire international community, including allies of Israel, have referred to the situation in these territories as occupation.
The position that the 4th Geneva Convention does apply to the West Bank, Gaza and Golan Heights is supported by the International Committee of the Red Cross, UN bodies, and the International Court of Justice.
Israel is a party to the Geneva Conventions, and bound by its obligations.
But
its government argues that the international conventions relating to occupied land do not apply to the Palestinian territories because they were not under the legitimate sovereignty of any state in the first place.
Israel has over the years often chosen to use the term
administered territories to refer to Gaza and the West Bank. It has annexed the Golan and East Jerusalem.
Israel therefore
denies the formal, de jure, applicability of the 4th Geneva Convention in the occupied territories.
Israel does formally accept the applicability of the Hague Regulations on occupation, and says it is acting under
authority granted to an occupying power in international law (including in provisions of the 4th Geneva Convention). The 4th Geneva Convention and the Hague Regulations contain detailed rules on the administration of occupied territory.
The Israeli Supreme Court (sitting as High Court of Justice in Beit Sourik Village Council v The Government of Israel 2004) has noted: "The general point of departure of all parties - which is also our point of departure - is that Israel holds the area in
belligerent occupation (occupatio bellica)."
BBC News - The Geneva Convention
Israel is choosing and mixing whatever it wishes to apply and what it doesnt...such states are said to have gone rogue! It is violating the convention because Israel itself is under it ...so by that convention it is obliged to follow it.....
"The occupying power shall not deport or transfer parts of its own population into the territories it occupies."
It is absurd to say the occupied territories are not under the convention so it doesnt apply....If you have occupied a land by no means you are gonna give it rights to join conventions which will benefit it and cause your doings to be questioned!
BTW, they joined on April 2nd ....has Israel backed off since then? Nope just more rockets...Please make sense when you attempt to answer....twisting laws to soothe yourself can only work soo many times
Arabs belong to the Arabian peninsula. Assyrians or Babylonians or Phoenicians were not Arabs.
In the same tone Indians belong to Hindustan please go back to your land